U.S. Department ofTransportation Office ofthe Secretary ofTransportation GENERAL COUNSEL June 27, 2014 1200 New Jersey Avenue, SE Washington, DC 20590 ' 1'':.-:

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Via Email- Read Receipt Requested

David M. Endersbee Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, N.W. Washington, D.C. 20006

DearMr. 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'sAirbus A319 and A320 aircraft on a one-year trial basis, subject to certain conditions. In Paragraph 13 ofour approval letter, we directed Virgin America "within 30 days afterthe end ofeachcalendarquarter, Ito] providethis office with copies of all complaints, ifany, regarding the stowage ofa passenger's wheelchair in the designated wheelchaircargo 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 consistentwiththe reportingrequirements for other airlines, and thatthere is little need for a quarterly reporting requirement given that Virgin America "'has not reported any complaints to the Departmentregardingthisprocedure."

1 The Department informally assured Virgin America that it could continue using this procedure while the Department consideredthe extension request.- 2-

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 reportingrequirement, withthe 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'spriorapproval for any deviations from themethod ofstowing 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 Departmentreserves the right to terminate this approval. Ifthe 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 apriority space as is currentlyrequired by section 382.67, orutilize the seat strappingmethod; 3) Virgin America'sdesignated wheelchaircargo stowage space mustbe capable ofstowing at least two manual folding wheelchairs and each wheelchair must be placed in a protective stowage bag and secured horizontally to prevent unnecessary movement duringflight; 4) VirginAmericamust ensurethat 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 wheelchaircargo stowage space; 5) Virgin America must ensure that no other items are stowed in its designated wheelchair cargo stowagespace ifone ormore folding wheelchairs are being stowed inthat 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 382.131; 7) In addition to stowing at least two passengers' manual folding wheelchairs in its designated wheelchair cargo stowage space, to the extentpermittedby government safety standards, Virgin America must also stow in the passenger cabin, passengers' manual folding wheelchairs in the overhead compartments or other stowage areas ifpassengers 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- 3-



### components can be removed without the use oftools, Virgin America must remove the applicablecomponents and stowthe wheelchairinthepassengercabin; 8) Virgin America must ensure that a passenger's manual folding wheelchair stowed in the designated wheelchair cargo stowage space is the first item offthe 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 Americamust allow a passenger to remain in his or her personal wheelchair up to the door ofthe aircraft, unless the passenger agrees to relinquish his or her wheelchair at a differentlocation;
1

0)Virgin America must use its best efforts to prevent weather conditions from negatively impacting on the condition ofthe wheelchair when it is returned to the passenger (e.g., placing a coveron awheelchairto preventexposureto therain orthe hotsun); 11)Virgin America must use its best efforts 

### to promptly provide a temporary replacement wheelchair ofcomparable kind and quality atno charge to

### thepassenger ifa 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 availableto the Departmentuponrequest; 12)Virgin America must provide, or ensure the provision of, specialized training to its employees and contractors, as well as the employees and contractors ofany otherentity, that will be involved with the stowing ofa passenger's manual folding wheelchair in the designated wheelchaircargo 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, properprocedures to follow if a wheelchair is lost, damaged, or destroyed, and the proper procedures to obtainatemporaryreplacementwheelchairfor a passenger. 13)Virgin America must provide to the Department an annual report, within the time frame setforth in 14 CFR382.157(d), containing: (1) a copy ofeach complaintfiled 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 complaintshadbeenfiled in the calendaryear.-4-

If you have any questions about this matter, please contact Robert Gorman, Kathleen Blank Riether, orMaeganJohnson, ofmy staff, at (202) 366-9342. Sincerely,

# ~ Livaug Chapm Chief, Aviation Civil Rights Compliance Branch