ZUCKERT SCOUTT 6- RASENBERGER, L.L.P. 

888 Seventeenth Street, NV{, Washington, DC 2CXJ06-3509 

Telephone [2021 298-8660 Fax [202} 342-0683 

wwwzsrlawcom 

·,._. 

RICHARD D. MATHIAS DIRECT DIAL (202) 973-7917 

rdmathias@zsrlaw.com 

BY HAND 

Samuel Podberesky 

Assistant General Cow1sel for Aviation 

Enforcem ~nt and Proceedings 

U.S. Depart: 1ent of Transportation 

1200 New J~rsey Avenue, S.E. 

Washington DC 20590 

March 12, 2012 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

Dear Mr. Podberesky: 

We are writing on behalf of Trans American Airlines, S.A. d/b/a TACA Peru ("TACA 

Peru") to request either (I) an equivalent alternative determination ("EAD") concerning 14 CFR 

382.61 with respect to certain Airbus A330 aircraft to be operated by TACA Peru, or (2) the 

extension/amendment of the existing EAD covering these aircraft granted to Aero vias Del 

Continente Americana, S.A. Avianca ("Avianca") to cover their operation by TACA Peru. 

These aircraft are presently operated by Avianca and were included (along with certain 

Airbus A319 and A320 aircraft) in A vianca's July 22, 2009 Application for an Equivalent 

Alternative Determination. These aircraft are equipped with Weber Model 7070 seats without 

movable aisle armrests in business class, and by letter dated October 27, 2009,the Department 

granted an EAD and approved Avianca's Application. 

As you are aware, A vianca and T ACA Peru now operate under the common ownership 

and overall management of AviancaTACA Holding S.A. As such, AviancaTACA carriers are 

undertaking efforts to efficiently manage their fleets. One of these efforts involves the planned 

use by both A vianca and T ACA Peru of these A330 aircraft in foreign air transportation. At this 

time, the carriers are exploring both (1) a transfer of one or more A330s from Avianca to TACA 

Peru in the third quarter of 2012, and/or (2) an FAA -approved interchange agreement whereby 

one or more of these A330s would be jointly operated by Avianca and TACA Peru, possibly 

beginning in November of2012. As both 14 CFR 381.61 and 382.10 are carrier (not aircraft) 

specific, TACA Peru requires an EAD from 14 CFR 381.61 in order to operate these aircraft in 
ZUCKERT SCOUTT 6- RASENBERGER, L.L.P. 

Samuel Podberesky 

March 12, 2012 

Page 2 

foreign air transportation. In order to address both operational contingencies outlined above, 

TACA Peru respectfully requests that the Department's approval cover the operation by TACA 

Peru of the A330 aircraft included in Avianca's October 27, 2009 EAD. 

The configuration of the aircraft will not change from that previously-approved by the 

Department and as set forth in Avianca's July 22, 2009 application. In terms of training, TACA 

Peru will, prior to operation of the aircr3.ft in foreign air transportation (in accordance with 

Condition 1 to Avianca's October 27, 2009 approval), provide specialized training to its 

employees and contractors who may be involved in the transfer of persons with mobility 

impairments to and from its business cl<:'ss seats. This training will ensure that employees are 

proficient in such transfers, and will inc2ude the following minimum elements: ( 1) the proper use 

of all items needed to transfer a passeng~r to and from the business class seats; (2) the number of 

persons needed to perform the transfer; 13) proper operation ofthe business class seat; (4) and 

training to ensure that such transfers an performed in a safe and dignified manner. T ACA Peru 

will also comply with the training and record keeping conditions set forth in Condition 4 of 

A vianca's approval. 

T ACA Peru respectfully submits that under the circumstances presented herein the 

requirement for a video or in-person demonstration of the seat transfers should be waived. The 

Department has already approved the business class seats in these aircraft under A vianca's 

operation. No changes will be made to the seating or cabin configuration. The video submitted 

by A vianca is an accurate representation. of the seating arrangement and transfer procedure that 

TACA Peru will utilize. 

· T ACA Peru will provide the Department with any additional information necessary 

concerning this request. Please contact the undersigned if you have any questions. 

Respectfully submitted, 

Richard D. Mathias 

David M. Endersbee 

Counsel for Trans American Airlines, S.A. 

d/b/a TACA Peru ("TACA Peru")