U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

DECEMBER 23. 2010 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Certified Mail-Return Receipt Requested 

Mr. David Heffernan 

WilmerHale 

Counsel for Emirates Airlines 

1875 Pennsylvania Avenue, NW 

Washington, D.C. 20006 

Dear Mr. Heffernan: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

This letter concerns Emirates Airlines' (Emirates) August 24, 2010, request for an 

equivalent alternative determination concerning the movable aisle armrest requirement 

contained in 14 CFR 382.61 of the Department's Air Carrier Access Act (ACAA) regulation 

for the business class seats in its Airbus A380 aircraft. We are granting Emirates' 

equivalent alternative determination request for the business class seats in its Airbus A380 

aircraft subject to the conditions discussed below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seatsl 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the aisle seats in rows in which passengers with mobility impairments are 

permitted to sit under FAA or applicable foreign government safety rules." Section 

382.61(c) notes that movable aisle armrests must be "provided proportionately in all classes 

of service in the cabin.,,2 Furthermore, the Enforcement Office has interpreted movable 

aisle armrest as meaning an armrest on an aisle seat that completely moves or folds out of 

the way while the seatback remains in an upright position to permit a passenger with a 

mobility impairment to safely make an unobstructed transfer (with assistance from carrier 

I The Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) has long held that 

the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity of a 

given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

with 110 seats and then removes II seats. 

2 For example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in first class. 
personnel if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

In its equivalent alternative determination request, Emirates states that the business class 

seats in its Airbus A380 aircraft do not have movable aisle armrest as required by section 

382.61. However, Emirates asserts that the seat pitch and amount of entrance space in its 

business class seats provide passengers with a mobility impairment sufficient space to easily 

transfer to and from its business class seats without having to be lifted over the fixed aisle 

armrest. 

In addition to reviewing the information in Emirates' equivalent alternative determination 

request, representatives from the Department's Office of Aviation Enforcement and 

Proceedings (Enforcement Office) attended a demonstration at John F. Kennedy 

International Airport (JFK) to assess whether the business class seats in Emirates' Airbus 

A380 aircraft would provide substantially equivalent accessibility to passengers with 

disabilities, compared to having movable aisle armrests. Emirates demonstrated both a 

carrier-assisted and a self-assisted horizontal transfer of a person with a mobility impairment 

from an aisle wheelchair to its business class seat. This demonstration showed that 

passengers do not have to be lifted over the aisle armrest. Based on the demonstration and 

information submitted by Emirates for the business class seats in its Airbus A380 aircraft, 

the Department is granting Emirates' equivalent alternative determination request for section 

382.61 with the following conditions: 

(1) This approval is limited to Emirates' Airbus A380 aircraft; 

(2) This approval is limited to the business class seats in Emirates' Airbus A380 aircraft 

with the configuration and dimensions provided in its August 24, 2010, equivalent 

alternative determination request and as demonstrated at JFK to the Enforcement 

Office on November 23, 2010. Emirates must obtain the Department's prior 

approval for any seat configuration changes and/or seat dimension changes to be 

made on any aircraft that is subject to this approval. If Emirates implements seat 

configuration and/or seat dimension changes without prior approval of the 

Department, it risks being in violation of section 382.61; 

(3) Emirates must provide, or ensure the provision of, specialized training to its 

employees and contractors, as well as the employees and contractors of any other 

entity that will be transferring persons with a mobility impairment to and from the 

business class seats in its Airbus A380 aircraft within 30 days of the date of this 

letter. After 30 days from the date of this letter, any employee or contractor assigned 

to transfer persons with a mobility impairment to and from the business class seats 

on Emirates' Airbus A380 aircraft must receive the specialized training before 

performing such transfers. The specialized training must ensure training to 

proficiency in how to properly transfer a passenger to and from Emirates' business 

class seats. Such training must also cover, at a minimum: (A) the proper use of all 

items needed to transfer a passenger to and from the business class seats (e.g., 

transfer board and slinglharness); (B) the number of persons needed to perform the 

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transfer; (C) how to properly operate the business class seats (e.g., location and use 

of control buttons); (D) the preferred seating position to perform proper transfers (the 

training must make clear that although the carrier has a preferred seating position for 

transferring passengers, the employee or contractor performing the transfer should 

ask the passenger how he or she would like to be transferred and, if it is safe to do so, 

transfer the passenger as requested); and (E) how to transfer a passenger to and from 

the business class seats in a safe and dignified manner, which must include, but is not 

limited to, a discussion on how to properly transfer the passenger's lower body to 

ensure a smooth transfer; and 

(4) Emirates must also: (A) provide the Enforcement Office with copies of any training 

materials or other documentation associated with the specialized training required by 

paragraph (3) above within 30 days of the date of this letter; (B) provide, or ensure 

the provision of, annual refresher training for employees and contractors who will be 

assisting passengers with mobility impairments with transfers to and from the 

business class seats in its Airbus A380 aircraft; (C) retain for three years individuals' 

training records demonstrating that all persons required to receive initial and 

refresher training have done so; and (D) within 30 days after each calendar quarter, 

for a period of three years, provide the Enforcement Office with copies of all 

complaints, if any, regarding passenger transfers to and from its business class seats 

in the covered aircraft. 

If you have any questions about this matter, please contact James Fisher, of my staff, or me 

at (202) 366-9342. You may also reach us by FAX at (202) 366-7152. 

Sincerely, 

"5 ~ z=::: ::> 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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