BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Nondiscrimination on the Basis of ) Docket OST-2008-0273

Disability in Air Travel )

__________________________________________ )

APPLICATION OF KOREAN AIR LINES CO., LTD.

FOR AN EQUIVALENT ALTERNATIVE DETERMINATION

Communications with respect to this document should be sent to:

William H. Callaway, Jr.

David M. Endersbee

ZUCKERT, SCOUTT & RASENBERGER,

L.L.P.

888 17th Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973-7906

Fax: (202) 342-0683

Email: whcallaway@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for Korean Air Lines Co., Ltd.

April 28, 2015

Application of Korean Air Lines Co., Ltd. 

For an Equivalent Alternative Determination 

April 28, 2015 

2

impairments are permitted to sit, proportionately throughout the cabin. Most (223 of 245) of the 

economy class seats in the 787-9 will have movable aisle armrests. As such, no equivalent 

alternative determination is sought for economy class seats. 

 See 

Exhibit KE-1. 

3.

 

4. As illustrated in Exhibit KE-2, 

.

2

 

Exhibit KE-3 illustrates the cabin layouts and aisle widths for the 787-9.3

5. Section 382.619(a) requires that Korean Air equip “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” with moveable aisle armrests. 

 

2

 

 

3

 
Application of Korean Air Lines Co., Ltd. 

For an Equivalent Alternative Determination 

April 28, 2015 

3

 

6.

 

7. The Department has stated that a foreign air carrier may seek an equivalent 

alternative determination “if the seats in a given class of service . . . can be accessed by a 

wheelchair user without a movable aisle armrest being provided.” Final Rule, Nondiscrimination 

on the Basis of Disability in Air Travel, 73 Fed. Reg. 27614, 27652 (May 13, 2008). The 

information set forth in the exhibits discussed above demonstrates that 

 meet the criteria for the grant of an equivalent alternative determination, namely that 

“persons with mobility impairments using aisle and boarding wheelchairs can transfer 

horizontally into a given seat without being lifted over an armrest or other obstacle.” Id. 

8. Grant of the requested equivalent alternative determination is in the public 

interest. First, Korean Air’s proposed accommodation meets the criteria set forth in Part 382 and 

“provides substantially equivalent accessibility” to mobility impaired passengers. 14 C.F.R. § 

382.10(c)(2). As the Department stated in its Final Rule, “[i]n order to be viewed as an 

 

4

 See, e.g., fns. 2 and 3. 

5

. 
Application of Korean Air Lines Co., Ltd. 

For an Equivalent Alternative Determination 

April 28, 2015 

4

equivalent alternative, a[n] . . . accommodation, or piece of equipment must really provide 

substantially equivalent accessibility to passengers with disabilities than compliance with a 

provision of the rule.” 73 Fed. Reg. at 27647 (discussing Section 382.10). 

Second, Korean Air believes that these suite designs will provide its 

passengers with greater comfort and convenience than “traditional” seating systems equipped 

with movable aisle armrests. 

9. Korean Air will provide additional data and information to the Department upon 

request. 

WHEREFORE, for the reasons set forth above, Korean Air Lines Co., Ltd. respectfully 

requests the Department promptly grant it an equivalent alternative determination concerning 

compliance with 14 C.F.R. § 382.61 as more fully discussed above.

 
Application of Korean Air Lines Co., Ltd.

For an Equivalent Alternative Determination

April 28, 2015

5

Respectfully submitted,

 

 ______________________________

April 28, 2015

William H. Callaway, Jr.

David M. Endersbee

ZUCKERT, SCOUTT & RASENBERGER, L.L.P.

888 17th Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973-7906

Fax: (202) 342-0683

Email: whcallaway@zsrlaw.com

dmendersbee@zsrlaw.com

 

Counsel for Korean Air Lines Co., Ltd.