0 

u.s. Department 

of Transportation 

GENERAL COUNSEL 

May 15. 2012 

Office of the Secretary 

of Transportation 

Registered Mail-Return Receipt Requested 

Mr. William H. Callaway, Jr. 

Counsel for Korean Air Lines Co. Ltd. 

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

888 Seventeenth Street, NW 

Washington, DC 20006 

Dear Mr. Callaway: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

This letter concerns the February 23, 2012, request of Korean 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, Boeing 787-8, 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' 

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 

1 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 II 0 seats and then removes II seats. 

~'/: ? I ~~... ~~~ 
of service in the cabin."2 Furthermore, the Enforcement Office has interpreted movable aisle 

armrest as meaning an annrest 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 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, Korean Air states that it plans to convert 

the Prestige Plus business class seats in its A330-200E aircraft to Prestige Sleeper seats. 

Korean Air notes 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 seat transfers for mobility impaired passengers. 

The Department has reviewed Korean Air's business class seat schematics of its 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 aircraft with the following 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 of the Department, it risks being in violation of section 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 A330-200E aircraft. 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 

proper use of all items needed to transfer a passenger to and from the business class 

seats (e.g., transfer board and sling/harness); (B) the number of persons needed to 

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

location and use of control buttons); and (D) how to transfer a passenger to and from 

the business class seats in a safe and dignified manner; and 

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. 

2 
(3) Korean Air must also: (A) provide, or ensure the provision of, annual refresher 

training; (B) retain for three years individuals' training records demonstrating that all 

persons required to receive initial and refresher training have 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 their business class seats in the covered aircraft. 

If you have any questions about this matter, please contact Michael Hallock or Kimberly 

Graber of my staff, or me, at (202) 366-9342. 

cc: Lonnie A. Pera 

David M. Endersbee 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

3 
U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

Subject: Consent Order against 

Jetstar Airways Pty Limited 

From: Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

To: Ronald Jackson, 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 of its blanket exclusion on reimbursement for a class of 

items contained in lost bags on Air China flights to or from 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 of a compromise civil penalty of $30,000. The order will be issued as early as 

next Monday. 

Attachment