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 17 th Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973

- 7906

Fax: (202) 342

- 0683

Email: whcallaway@zsrlaw.com

dmendersbee@zsrlaw.com

Co unsel for Korean Air Lines Co., Ltd.

April 28, 2015Application 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

3Application 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

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

“per sons 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

in terest. 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 w ith 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 17 th Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973

- 7906

Fax: (202) 342

- 06 83

Email: whcallaway@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for Korean Air Lines Co., Ltd.