U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

June 27, 2014 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

' 1'':.-: .. ·• 

~x: .. ;·· 

Via Email- Read Receipt Requested 

David M. Endersbee 

Zuckert, Scoutt & Rasenberger, L.L.P. 

888 Seventeenth Street, N.W. 

Washington, D.C. 20006 

Dear Mr. Endersbee: 

Re: Virgin America - Equivalent Alternative 

Detennination Indefinite Extension Request: 

14 CFR 382.67 

On November 14, 201 L the Department approved Virgin America's request for an equivalent 

alternative determination (EAD) concerning the in-cabin priority stowage space for a 

passenger's manual folding wheelchair contained in 14 CFR 382.67 and 382.123 of the 

Department's Air Carrier Access Act (ACAA) regulation. The Department granted the 

EAD for Virgin America's Airbus A319 and A320 aircraft on a one-year trial basis, subject 

to certain conditions. In Paragraph 13 of our approval letter, we directed Virgin America 

"within 30 days after the end of each calendar quarter, Ito] provide this office with copies of 

all complaints, if any, regarding the stowage of a passenger's wheelchair in the designated 

wheelchair cargo storage space." 

On October 21, 2012, Virgin America asked the Department to indefinitely extend its EAD 

approval. Virgin America noted that it had received no complaints concerning its 

alternative procedure for stowing wheelchairs. Virgin America also stated that it has 

"invested significant resources in hardware and training to deploy this procedure on a 

fleetwide basis."' 1 

On March 25, 2014, Virgin America also asked the Department for permission to report 

annually, rather than quarterly. Virgin America reasoned that annual reporting would be 

consistent with the reporting requirements for other airlines, and that there is little need for a 

quarterly reporting requirement given that Virgin America "'has not reported any complaints 

to the Department regarding this procedure." 

1 The Department informally assured Virgin America that it could continue using this procedure while the 

Department considered the extension request. 
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By this letter, the Department grants Virgin America's October 21, 2012, request for an 

indefinite extension of its EAD approval, and its March 25, 2014, request to alter the 

reporting requirement, with the following conditions: 

1) This approval is limited to Virgin America's Airbus A319 and A320 aircraft in the 

configuration described to the Department in Virgin America's November 2~ 2010, 

equivalent alternative determination request. Virgin America must obtain the 

Department's prior approval for any deviations from the method of stowing a passenger's 

manual folding wheelchair set forth in Virgin America's request; 

2) If during the period of indefinite extension or any point thereafter, the Department 

determines that Virgin America's proposal is not providing the same or greater 

accessibility to passengers with a disability as provided by sections 382.67 and 382.123, 

the Department reserves the right to terminate this approval. If the approval is terminated, 

Virgin America would be expected to expeditiously retrofit any aircraft ordered after 

April 5, 1990, or delivered after April 5, 1992, without a priority space in the passenger 

cabin, to include such a priority space as is currently required by section 382.67, or utilize 

the seat strapping method; 

3) Virgin America's designated wheelchair cargo stowage space must be capable of stowing 

at least two manual folding wheelchairs and each wheelchair must be placed in a 

protective stowage bag and secured horizontally to prevent unnecessary movement 

during flight; 

4) Virgin America must ensure that up to two passengers with a disability who use a manual 

folding wheelchair and take advantage of the opportunity to preboard the aircraft can 

stow their manual folding wheelchairs in Virgin America's designated wheelchair cargo 

stowage space with priority over all other items. For a passenger that does not take 

advantage of the opportunity to preboard the aircraft, Virgin America must make a 

reasonable effort to stow the passenger's manual folding wheelchair in its designated 

wheelchair cargo stowage space; 

5) Virgin America must ensure that no other items are stowed in its designated wheelchair 

cargo stowage space if one or more folding wheelchairs are being stowed in that space; 

6) Virgin America must calculate the compensation owed to a passenger for a lost, 

damaged, or destroyed wheelchair stowed in the designated wheelchair cargo stowage 

space as mandated in 14 CFR 3 82.131; 

7) In addition to stowing at least two passengers' manual folding wheelchairs in its 

designated wheelchair cargo stowage space, to the extent permitted by government safety 

standards, Virgin America must also stow in the passenger cabin, passengers' manual 

folding wheelchairs in the overhead compartments or other stowage areas if passengers 

make such requests and the devices can physically be stowed in such space. If the 

wheelchair exceeds the space while fully assembled but ·will fit if wheels or other 
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components can be removed without the use of tools, Virgin America must remove the 

applicable components and stow the wheelchair in the passenger cabin; 

8) Virgin America must ensure that a passenger's manual folding wheelchair stowed in the 

designated wheelchair cargo stowage space is the first item off the aircraft after landing 

and is delivered to the passenger at the door of the aircraft as soon as the passenger 

deplanes the aircraft, unless the passenger requests to reclaim the wheelchair at Virgin 

America's baggage claim area; 

9) Virgin America must allow a passenger to remain in his or her personal wheelchair up to 

the door of the aircraft, unless the passenger agrees to relinquish his or her wheelchair at 

a different location; 

1 0) Virgin America must use its best efforts to prevent weather conditions from negatively 

impacting on the condition of the wheelchair when it is returned to the passenger (e.g., 

placing a cover on a wheelchair to prevent exposure to the rain or the hot sun); 

11) Virgin America must use its best efforts to promptly provide a temporary replacement 

wheelchair of comparable kind and quality at no charge to the passenger if a passenger's 

wheelchair is delayed, lost, damaged, or destroyed while in Virgin America's custody 

subject to the limits of the Montreal Convention or other applicable international 

agreements. These efforts must be documented, and the documentation retained for three 

years and made available to the Department upon request; 

12) Virgin America 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 involved with the stowing of a passenger's manual folding wheelchair in the 

designated wheelchair cargo stowage space. The specialized training must ensure training 

to proficiency in how to properly stow a passenger's manual folding wheelchair in the 

designated wheelchair cargo stowage space, pre-departure procedures to ensure the 

passenger's wheelchair is placed on the aircraft, post-landing procedures to ensure that 

the passenger's wheelchair is the first item removed from the aircraft, proper procedures 

to follow if a wheelchair is lost, damaged, or destroyed, and the proper procedures to 

obtain a temporary replacement wheelchair for a passenger. 

13) Virgin America must provide to the Department an annual report, within the time 

frame set forth in 14 CFR 382.157( d), containing: (1) a copy of each complaint filed 

with Virgin America regarding the stowage of a passenger's wheelchair in the 

designated wheelchair cargo storage space, or (2) a certification that no such 

complaints had been filed in the calendar year. 
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If you have any questions about this matter, please contact Robert Gorman, Kathleen Blank 

Riether, or Maegan Johnson, of my staff, at (202) 366-9342. 

Sincerely, 

Livaug 

~ Chapm 

Chief, Aviation Civil Rights Compliance Branch