## 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 ofTransportation 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 behalfofTrans 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 ofthe existing EAD covering these aircraft granted to Aerovias Del Continente Americana, S.A. Avianca ("Avianca") to cover their operationby TACA Peru.
These aircraft are presently operated by Avianca and were included (along with certain Airbus A319 and A320 aircraft) inAvianca'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, Avianca and TACA Peru now operate under the common ownership and overall management ofAviancaTACA Holding S.A. As such, AviancaTACA carriers are undertaking efforts to efficiently manage their fleets. One ofthese efforts involves the planned use by both Avianca and TACA Peru ofthese A330 aircraft inforeign airtransportation. At this time, the carriers are exploring both (1) a transfer ofone ormore A330s from Aviancato TACA Peru in the third quarter of2012, and/or (2) anFAA-approved interchange agreement whereby one or more ofthese A330s would bejointlyoperated by Avianca and TACA Peru, possibly beginning inNovember 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 inZUCKERT SCOUTT 6- RASENBERGER, L.L.P. Samuel Podberesky March 12, 2012 Page 2 foreign airtransportation. In orderto address both operational contingencies outlined above, TACA Peru respectfully requests that the Department's approval coverthe operation by TACA Peru ofthe A330 aircraft included in Avianca's October 27, 2009 EAD.
The configuration ofthe aircraft will not change from that previously-approved by the Department and as set forth in Avianca's July 22, 2009 application. In terms oftraining, TACA Peru will, priorto operation ofthe aircr3.ft in foreign airtransportation (in accordance with Condition 1to Avianca's October 27, 2009 approval), provide specialized training to its employees and contractors who may be involved in the transfer ofpersons 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 ofall 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. TACA Peru will also comply with the training and record keeping conditions setforth in Condition 4 of Avianca's approval.
TACA Peru respectfully submitsthat under the circumstances presented herein the requirement for a video or in-person demonstration ofthe seattransfers should be waived. The Department has already approvedthe business class seats in these aircraft under Avianca's operation. No changes will be made to the seating or cabin configuration. The video submitted byAvianca is an accurate representation. ofthe seating arrangement and transferprocedure that TACA Peru will utilize.

·TACA Peru will provide the Department with any additional information necessary concerning this request. Please contactthe undersigned ifyou 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")