lA! 

9 July 2010 

Mr Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

US Department of Transportation 

1200 New Jersey Avenue, S.E. 

Room W 96-322 

Washington, D.C. 20590 

United States of America 

Dear Mr Podberesky, 

14 CFR Part 382 Non-discrimination on the Basis of Disability in Air Travel -

Application of Qantas Airways Limited for an Equivalent Alternative Determination 

Docliet No. DOT-OST-2008-0273 

Pursuant to 14 CFR section 382.10 Non-discrimination on the Basis of Disability in Air Travel 

(Final Ruling), Qantas Airways Limited (Qantas) hereby respectfully applies to the United 

States Department of Transportation (US DOT) for an equivalent alternative determination in 

relation to 14 CFR section 382.61 (Application). 

The Application relates to the Premium Economy seating class In the Airbus A380 aircraft for 

Qantas' fleet. As Qantas' next Airbus A380 aircraft delivery will take place in October 2010, it 

must comply writh section 14 CFR section 382.61(f). 

As a foreign carrier which flies to, from and within the United States, Qantas must ensure that 

the A380's seating be fitted v/ith moveable armrests on 50% of passenger aisle seats and that 

the movable armrests be provided proportionately in all classes of service complying with 14 

CFR section 382,61. 

In providing an explanation to any equivalent alternatives to the above, the US DOT 

(amongst other things) stated in the Preamble to the Final Ruling (with respect to section 

382.61 movable amirests at page 27625) that: 

The Department agrees that, if in a given aircraft, seats and seat pitches are configured 

so as to permit a horizontal transfer of a passenger from a boarding wheelchair to the 

aircraft seat {i.e., a transfer that can be accomplished without lifting the passenger over 

the aisle armrest), it would not be necessary to have a movable aisle armrest at that 

location. Consequently, if a carrier can show, through an equivalent alternative request, 

that such transfers are feasible with a given cabin configuration, the Department would 

grant the request for the carrier's aircraft using that configuration. 

Current Qantas A380 configuration 

In relation to Qantas' current Premium Economy seats In its A380 aircraft, due to the 

entertainment monitor being in the arm of the seat, Qantas' seat manufacturer is unable, at 

present, to provide a moveable armrest in the design of the seat. This will have an impact on 

six A380 aircraft to be delivered from October 2010. However, given the sizeable seat pitch in 

the Premium Economy seating arrangement in the cabin of the A380, being 42" for the 

outboard double seats, Qantas respectfully submits that a passenger with a disability is able 

to be safely transferred horizontally from an aisle or boarding wheelchair to the aircraft seat 

vwthout the need to be lifted over the armrest,:^ 

^ ^ ^ 

Qantas Airways U'mited ABN 16 009 661 901 

Qantas Centre 203 Coward Street Mascot NSW 2020 Australia 

Telephone 61 (2)9691 3635 

qantas.com 
In addition to the outboard double seats and in order to meet our 50% quota, Qantas will 

utilise the aisle seat positions of the front row seats (seats 34 B, D, F and J). These seats 

have a setback large enough to allow for the safe horizontal transfer of a passenger with a 

disability, without the passenger being lifted over the armrest. 

Qantas is committed to the introduction of moveable armrests in Premium Economy and from 

2011, Qantas will begin reconfiguring our A380 aircraft, which will provide the opportunity to 

introduce a new Premium Economy seat with a moveable armrest. 

Supporting material provided by Qantas 

In support of Qantas' submission, we provide the following: 

. aircraft configuration diagrams of Qantas' current A380 Premium Economy 

configuration; and 

. the seat dimensions. 

Pursuant to 14 CFR section 302.12, Qantas has removed confidential information from 

Exhibit A to this letter. 

Qantas submits that it has provided evidence through this request that the horizontal transfer 

of a passenger with a disability in a boarding wheelchair is feasible given the configuration of 

the Premium Economy seating in the cabin of the forthcoming A380 and is an "equivalent 

alternative" providing "substantially equivalent accessibility to passengers with disabilities". 

Accordingly, Qantas respectfully requests that the US DOT grant this application for an 

equivalent alternative determination pursuant to 14 CFR section 382.10. 

If you have any further queries, please contact Vesna Vinski on the details provided below. 

Qantas looks fonward to receiving the US DOT's response to the above submissions. 

Yours faithfully 

/A/e.4- ^ v^-^ 

Wes Nobellus 

Deputy General Counsel 

Qantas Airways Limited 

Vesna Vinski 

Senior Legal Counsel 

Qantas Airways Limited 

+61 (2) 9691 5621 Tel 

+61 (2)9691 5415 Fax 

wnobelius@aantas.com.au 

vesnavinski(S)qantas.com .au 
EXHIBIT A 

[Confidential Information removed]