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u.s. Department ofTransportation GENERAL COUNSEL May 15. 2012 Office ofthe Secretary of Transportation 

### Registered Mail-ReturnReceiptRequested

Mr. WilliamH. Callaway, Jr. Counsel for Korean AirLines Co. Ltd. Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW Washington,DC 20006

DearMr. Callaway: Re: Equivalent Alternative Determination Request Concerning 14 CFR 382.61

This letter concerns the February 23, 2012, request ofKorean Air Lines Co., Ltd. (Korean Air), 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 A330-200E aircraft. The Department has already responded to Korean Air's request for an equivalent alternative determination concerning movable aisle armrests on its first class seats in its Boeing 777-300ER, Airbus A330.:.2oo, and Airbus**A380~800** aircraft and for the business class seats in its Boeing 777- 300ER, Boeing787-8, Airbus**A330~200,** and Airbus A380-800 aircraft and is continuing to review the carrier's requests concerning various other provisions of Part 382. We are granting Korean Air's request regarding its business class seats in its A330-200E aircraft subject to the conditions discussed below.
Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats'
onwhich passengeraisle seats have armrests are equipped with movable aisle armrests on at least one-halfofthe 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

1 The Department's OfficeofAviation Enforcement and Proceedings (Enforcement Office) has long held that the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity ofa given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement ofPart 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its designed seatingcapacity. For example, ifa manufacturer designs an aircraft type to hold a maximum of 110 passenger seats, the Enforcement Office would treat the aircraft as an aircraft with apassenger seating capacity of 110 even ifa carrierstipulates that the aircraft is to be delivered with 99 seats ortakes delivery ofanaircraft with II0 seats and then removes II seats.**~'/:** ? 

### I**~~... ~~~** ofservice in the cabin."2Furthermore, the Enforcement Officehas interpreted movable aisle armrest as meaning an annrest on an aisle seatthat completely moves orfolds outofthe 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 personnel ifthe passenger's physical ability necessitates such assistance) from an aisle wheelchair to his orheraircraft seat.
Inits equivalent alternative determination request, Korean Air states that it plans to convert the Prestige Plus business class seats in its A330-200E aircraft to Prestige Sleeper seats. Korean Airnotes that this new configuration in its business class will significantly increase the seat pitch from 60" to 74" which will increase passenger comfort and convenience and will ease seattransfers for mobility impaired passengers.
TheDepartmenthas reviewed Korean Air'sbusiness class seat schematics ofits A330-200E aircraft and its configuration diagrams and Korean Air's video which demonstrated both a carrier-assisted and self-assisted horizontal transfer of a person with mobility impairment

. from an aisle or boarding wheelchair to Korean Air's business class seats. This material

demonstrated that the passenger does not have to be lifted over the aisle armrest when transferred into the seats. Based on the information submitted by Korean Air, the Department is granting Korean Air's equivalent alternative determination request for section 382.61 for its business class seats in its A330-200E aircraftwiththefollowing conditions:
(1) This approval is limited to the business class seats in Korean Air's A330-200E aircraft with the configuration and dimensions provided in the carrier's February 23, 2012, equivalent alternative determination request. Korean Air 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 Korean Air implements seat configuration and/or seat dimension changes without prior approval oftheDepartment, itrisks being in violationofsection 382.61; (2) Korean Air 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 or from the business class seats in its A330-200Eaircraft. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from Korean Air's business class seats. Such training must also cover, at a minimum: (A) the properuse ofall items needed to transfer a passenger to and from the business class seats (e.g., transfer board and sling/harness); (B) the number ofpersons needed to perform the transfer; (C) how to properly operate the business class seats (e.g., location and use ofcontrolbuttons); and (D) how to transfer apassengerto and from the business class seats ina safe and dignified manner; and

2 For example, if80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20 percent are in first class, then 80percentofthe movable aisle armrests mustbe incoach, with 20 percentin firstclass.

2(3) Korean Air must also: (A) provide, or ensure the provision of, annual refresher training; (B) retain for three years individuals' trainingrecords demonstrating that all persons required to receive initial andrefreshertraininghave done so; and (C) 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 theirbusiness class seats inthe covered aircraft.

If you have any questions about this matter, please contact Michael Hallock or Kimberly Graberofmy staff, orme, at (202) 366-9342.

cc: Lonnie

### A. Pera David M. Endersbee Sincerely,

Samuel Podberesky Assistant General Counsel for

Aviation Enforcement and Proceedings



### 3U.S.Departmentof Transportation OfficeoftheSecretary ofTransportation

Subject: 

### ConsentOrderagainst JetstarAirways Pty Limited

From: 

### Samuel Podberesky AssistantGeneral Counsel for AviationEnforcement and Proceedings

To: 

### RonaldJackson, C-60 Robert Goldner, X-4 

# Memorandum

Date:

Reply to: 

### Michael Hallock C-70/69180

The attached consent order was signed today against Jetstar Airways Pty Limited, (Jetstar) finding that the carrier violated the statutory prohibition against unfair and deceptive practices and the Montreal Convention because ofits blanket exclusion on reimbursement for a class of items contained in lostbags onAirChinaflights to orfrom the United States.
Under the order, which reflects a settlement between the carrier and the Office of Aviation Enforcement and Proceedings, Jetstar agrees to cease and desist from further violations and to the assessment ofa compromise civil penalty of$30,000. The order will 

### be issued as early as nextMonday.

Attachment