U.S. Department 

of Transportation 

GENERAL COUNSEL 

June 6, 2012 

1200 New Jersey Avenue, SE 

w1m£gt~~c2~90 .p \2: 2 \ 

Office of the Secretary 

of Transportation 

Certified Mail-Return Receipt Requested 

Mr. David M. Endersbee 

Mr. Richard D. Mathias 

Counsel for A vianca 

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

888 17th St., N.W. 

Washington, D.C. 20006 

Dear Messrs. Endersbee and Mathias: 

Re: Equivalent Alternative Determination 

Requests Concerning 14 CPR 382.67 

and 14 CFR 382.123 

This letter concerns Aerovias Del Continente Americano S.A.'s (Avianca) August 18, 2011, 

request for an indefinite extension of its equivalent alternative determination for its Airbus 

A319 and A320 aircraft concerning 14 CFR 382.67 and 14 CPR 382.123 of the 

Department's Air Carrier Access (ACAA) regulation, which require in-cabin priority 

stowage space for a passenger's folding, collapsible, or break-down manual wheelchair 

(manual folding wheelchair). This letter also responds to Avianca's February 23, 2012, 

request to extend the wheelchair stowage approval to an alternate stowage location in its 

Airbus A319 aircraft. 

On August 27, 2010, the Department granted Avianca's request to use its designated 

wheelchair cargo stowage space to comply with the requirement to stow passengers' manual 

folding wheelchairs for a one-year trial basis subject to certain conditions.' A condition of 

that equivalent alternative determination is that A vianca must obtain prior approval from the 

Department if it deviates from the wheelchair stowage method described in the original 

April9, 2010, request. Avianca is now requesting that the Department extend the 

wheelchair stowage approval to an alternate stowage location in its Airbus A319 aircraft. 

Specifically, Avianca would like to move the stowage space from the right of the aft cargo 

hold in its Airbus A319 aircraft to the center of the aft cargo hold in its Airbus A319 aircraft. 

1 Among other things, A vianca was required to provide to the Department copies of all 

complaints, if any, regarding the stowage of a passenger's wheelchair in the designated 

wheelchair cargo stowage space. 
The wheelchair stowage location on its Airbus A320 will remain in the same location. 

Furthermore, A vianca is requesting an indefinite extension of its wheelchair stowage 

equivalent alternative determination approving its use of designated wheelchair cargo 

stowage space to stow two passengers' manual folding wheelchairs as an alternative to incabin priority stowage space on its Airbus A319 and A320 aircraft. We are granting 

Avianca's equivalent alternative determination requests to move the wheelchair stowage 

location in its Airbus A319 aircraft and A vianca' s request for an extension of its wheelchair 

stowage equivalent alternative determination for its Airbus A319 and A320 aircraft for an 

indefinite period of time subject to certain conditions, as discussed below. 

Section 382.67 requires carriers to ensure "that there is a priority space in the cabin of 

sufficient size to stow at least one typical adult-sized folding, collapsible, or break-down 

manual passenger wheelchair." Section 382.123 sets fo1th further requirements concerning 

this priority cabin stowage space for wheelchairs and other assistive devices. 

A vianca currently utilizes a portion of the bulk cargo hold of its Airbus A319 aircraft as a 

designated space for the stowage of up to two passenger folding wheelchairs, in lieu of 

having a stowage space in the cabin for one passenger's folding wheelchair. In its February 

23, 2012, equivalent alternative determination request, A vianca proposes to move the 

wheelchair stowage space from the right of the aft cargo hold to the center portion of the aft 

cargo hold of its Airbus A319 aircraft. This new designated space continues to have room 

for the stowage of up to two passenger folding wheelchairs and will have in place similar 

safeguards to prevent wheelchair damage. A vianca states that the new designated space on 

the Airbus A319 is comprised of a three-sided box/stowage area created by nylon webbing 

attached to tie-down points on the floor and ceiling of the hold to protect each passenger's 

wheelchair. Avianca notes that this stowage location will.be closed after the hold is loaded, 

wheelchairs stowed, and another cargo net is secured around the aft cargo door. A vianca 

further states that in the new wheelchair stowage location the wheelchair will be stowed 

directly in front of the aft cabin door which will result in the airline personnel removing the 

wheelchairs prior to unloading baggage from the cargo and will facilitate the timely delivery 

of the passenger's wheelchair. 

In regard to Avianca's request for an indefinite extension of its equivalent alternative 

determination, A vianca states that it has not received any complaints concerning its 

wheelchair stowage procedure and maintains that the procedure provides substantially 

equivalent accessibility to passengers with disabilities as compared to the requirements in 

sections 382.67 and 382.123. 

Based on the information submitted by Avianca, particularly the lack of any wheelchair 

damage complaints, the Department is granting Avianca's equivalent alternative request for 

sections 382.67 and 382.123 for an indefinite period of time so that it can utilize priority 

stowage space in the cargo compartment of its Airbus A319 and A320 aircraft and 

alternative priority stowage space in the cargo compattment of its Airbus A319 aircraft to 

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stow two manual folding wheelchairs in lieu bf having an in-cabin stowage space for one 

passenger's manual folding wheelchair, under the following conditions: 

1. Avianca's equivalent altemative determination will remain in effect indefinitely. If at 

any time DOT determines that Avianca's proposal is not providing the same or 

greater accessibility to passengers with a disabilities as provided by sections 382.67 

and 382.123, DOT reserves the right to terminate this approval. If the approval is 

terminated, A vianca would be expected to expeditiously retrofit any aircraft ordered 

after May 13, 2009, or delivered after May 13, 2010, without a priority space in the 

passenger cabin, to include such a priority SNCe as is currently required by section 

382.67; 

2. This approval is limited to Avianca's Airbus A319 and A320 aircraft in the 

configurations described to the Department in Avianca's April 9, 2010, and February 

23, 2012, requests. Avianca must obtain the Department's prior approval for any 

deviations from the method of stowing a passenger's manual folding wheelchair set 

forth in Avianca's requests; 

3. Avianca's designated wheelchair cargo stowage space must be capable of stowing at 

least two manual folding wheelchairs and each wheelchair must be placed in a 

protective storage bag/box and secured vertically to prevent unnecessary movement 

during flight; 

4. A vianca must ensure that up to two passengers with a disability who use a manual 

folding wheelchair and take advantage of the opportunity to preboard the aircraft can 

stow their manual folding wheelchairs in A vianca' s designated wheelchair cargo 

stowage space with priority over all other items. For a passenger that does not take 

advantage of the opportunity to preboard the aircraft, A vianca must make a 

reasonable effort to stow the passenger's manual folding wheelchair in its designated 

wheelchair cargo stowage space; 

5. A vianca must ensure that no other items are stowed in its designated wheelchair 

cargo stowage space if a folding wheelchair is being stowed in that designated 

wheelchair cargo stowage space; 

6. A vianca must not limit its liability for a lost or destroyed wheelchair or a wheelchair 

damaged beyond repair in the designated wheelchair cargo stowage space to the 

liability limit provided in the Montreal Convention, or any other applicable treaty or 

law. Avianca must calculate the compensation owed to a passenger for a lost or 

destroyed wheelchair or a wheelchair damaged beyond repair in the designated 

wheelchair cargo stowage space, as the original purchase price of the device; 

7. In addition to stowing at least two passengers' manual folding wheelchairs in its 

designated wheelchair cargo stowage space, to the extent permitted by govemment 

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safety standards, Avianca must also stow in the passenger cabin, passengers' manual 

folding wheelchairs in the overhead compartments or other stowage areas if 

passengers make such requests and the devices can physically be stowed in such 

space. If the wheelchair exceeds the space while fully assembled but will fit if 

wheels or other components can be removed without the use of tools, A vianca must 

remove the applicable components and stow the wheelchair in the passenger cabin; 

8. Avianca must ensure that a passenger's manual folding wheelchair stowed in the 

designated wheelchair cargo stowage space is the first item off the aircraft after 

landing and is delivered to the passenger at the door of the aircraft as soon as the 

passenger deplanes the aircraft, unless the passenger requests to reclaim the 

wheelchair at Avianca's baggage claim area; 

9. Avianca must allow a passenger to remain in his or her personal wheelchair up to the 

door of the aircraft, unless the passenger agrees to relinquish his or her wheelchair at 

a different location; · 

10. Avianca must use its best efforts to prevent weather conditions from negatively 

impacting on the condition of the wheelchair when it is returned to the passenger 

(e.g., placing a cover on a wheelchair to prevent exposure to the rain or the hot sun); 

11. A vianca must use its best efforts to promptly provide a temporary replacement 

wheelchair of comparable kind and quality at no charge to the passenger if a 

passenger's wheelchair is delayed, lost, damaged or destroyed while in Avianca's 

custody. A vianca must not limit its liability for providing a temporary replacement 

wheelchair to the liability limit provided in the Montreal Convention, or any other 

applicable treaty or law. These efforts must be documented, and the documents must 

be retained for three years, and be made available to the Department upon request; 

12. Avianca 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 involved with the stowing of a passenger's manual folding 

wheelchair in the designated wheelchair cargo stowage space. The specialized 

training must ensure training to proficiency in how to properly stow a passenger's 

manual folding wheelchair in the designated wheelchair cargo stowage space, predeparture procedures to ensure the passenger's wheelchair is placed on the aircraft, 

post-landing procedures to ensure that the passenger's wheelchair is the first item 

removed from the aircraft, proper procedures to follow if a wheelchair is lost, 

damaged, or destroyed, and the proper procedures to obtain a temporary replacement 

wheelchair for a passenger; and 

13. A vianca must also provide this office with copies of all complaints, or a cettification 

that there were no complaints. regarding the stowage of a passenger's wheelchair in 

the designated wheelchair cargo stowage space every year. A vianca must submit 

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this information by the last Monday in January of each year for complaints received 

during the prior calendar year. The first report is due on January 28, 2013, for 

complaints received from the approval date to December 31, 2012. This submission 

is separate from the annual disability-related complaints repmt that is to be submitted 

at the same time in accordance with section 382.157. A vianca must retain 

correspondence and records of actions taken on all complaints related to wheelchair 

stowage for three years after receipt of the complaint or creation of the record of 

action taken and must make these records available at the Department's request. 

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

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

Sincerely, 

7~ Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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