U.S. Department 

of Transportation 

Office of the Secretary 

o'f Transportation 

Claudio Zinno 

Sede Legale 

Piazza Almerico da Schio 

Palazzina RPU 

00054 Fiumicino (RM) 

ltalia 

Dear Mr. Zinno: 

GENERAL COUNSEL 

March 28, 2013 

Registered Mail-Return Receipt Requested 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

i., ,,l 

'") .... : •..• ' i 

1.) 

Re: Conflict of Waiver Request Concerning 

14CFR382.1 and382.7 

This letter concerns Alitalia-Compagnia Aerea ltaliana S.p.A.'s (Alitalia) September 10, 2008, 

request for a conflict of laws waiver under section 382.9 of the Department of Transportation's 

Air Carrier Access Act (ACAA) regulation, 14 CFR Part 382. The provisions of Part 382 for 

which relief is requested are sections 382.1 and 382.7, which concern the purpose and 

applicability of Part 382. The Department has already responded to Alitalia's requests for an 

equivalent alternative determination concerning the movable aisle armrest requirement contained 

in section 382.61, and conflict of laws waivers from the boarding, deplaning, and connecting 

assistance requirements contained in Subpart G (14 CFR 382.91-382.1 05) as well as the training 

and complaint resolution provisions in 382.141, 382.151, 382.153, and 382.155. We are 

continuing to review the carrier's requests concerning various other provisions of Part 3 82. For 

the reasons discussed below, we are denying Alitalia's request for a conflict of law waiver from 

sections 382.1 and 382.7. 

Request for Conflict of Laws Waiver 

In keeping with the Department's obligation and commitment: to giving due consideration to 

foreign law where it applies, 14 CFR 382.9 provides a conflict of laws waiver mechanism. [fa 

carrier believes that a provision of a foreign law conf1icts with a requirement of Part 382, it can 

submit a waiver request. The Department states in the preamble to the 2008 comprehensive 

amendment to Part 382, both in the Section-by-Section Analysis of section 382.9 (73 Fed. Reg. 

at 27646-27647) and in the discussion on Cont1ict of Law Waivers and Equivalent Alternative 

Determinations (73 Fed. Reg. at 27616) that a foreign law that requires a foreign carrier to do 
2 

something prohibited by Part 3 82, or that prohibits a tbreign carrier from doing something 

required by Part 382, is an appropriate subject for a conflict oflaws waiver. 

Alitalia asserts that the purpose and applicability provisions of Part 382 (sections of 382.1 and 

382.7 respectively) cont1ict with Articles 1.2 and 1.3 of EC 1107/2006, the European Union 

(EU) regulation on service to passengers with disabilities. Article 1.2 of EC 1107/2006 states, 

''The provisions of this Regulation shall apply to disabled persons and persons with reduced 

mobility, using or intending to use commercial passenger air services on departure from, on 

transit through, or on arrival at an airport, when the airport is situated in the territory of a 

Member State to which the Treaty applies." Article 1.3 of EC 1107/2006 states, "Articles 3, 4 

and 1 0 shall also apply to passengers departing from an airport situated in a third country to an 

airport situated in the territory of a Member State to which the Treaty applies, if the operating 

carrier is a Community air carrier."1 

Pursuant to 14 CFR 382.1, the purposes of Part 382 are to prohibit U.S. and foreign carriers from 

discriminating ag;·inst passengers on the basis of disability, to require c~.rriers to make aircraft, 

other facilities, a d services accessible, and to require carriers to take steps to accommodate 

passengers with "' disability. Section 382.7 states that with respect to foreign carriers, only 

flights that begin or end at a U.S. airport, and aircraft used in those operations, are covered under 

Part 382. Sectio.1 382.7 defines a "flight" as a continuous journey of·· passenger in the same 

aircraft or using the same flight number, and provides several examples of what constitutes a 

"flight." Section 382.7 provides further that a charter flight on a foreign carrier from a foreign 

airport to a U.S. airport and back would not be covered if the carrier did not pick up any 

passengers in the U.S. 

Decision 

I. Waiver from 14 CFR 382.1 

The Department finds that section 382.1 neither conflict with, nor is in any way inconsistent 

with, EC 1107/2006. Both Part 382 and EC 1107/2006 seek to prohibit carriers from 

discriminating against passengers on the basis of disability, and to ensure that passengers with a 

disability receive reasonable accommodations. In fact, Article 1.1 ofEC 1107/2006 states, "This 

Regulation establishes rules for the protection of and provision of assistance to disabled persons 

and persons with reduced mobility travelling by air, both to protect them against discrimination 

and to ensure that they receive assistance." Furthermore, Alitalia has not clearly demonstrated 

that any provisions of Articles 1.2 and 1.3 of EC 1107/2006 conflict with, or are in any way 

inconsistent with, the intent of 14 CFR 382.1. Therefore, having found no conflict of law, the 

Department must deny Alitalita's conflict of law waiver request for section 382.1. 

Article 3 of EC II 07/2006 prohibits carriers and tour operators from refusing, on the grounds of disability 

or reduced mobility, to accept a reservation from a passenger on a flight to or from an airport covered by the 

Regulation or to enplane a passenger at such airports. Article 4 contains provisions addressing special conditions in 

which carriers may refuse to accept a reservation or to enplane a passenger with a disability or reduced mobility and 

the rights of passengers in such circumstances, when a safety assistant may be required, and infonnation that carriers 

and agents must provide to passengers. Article I 0 mandates the assistance that carriers must provide to passengers 

with a disability or reduced mobility at no additional charge .. 
3 

II. Waiver from 14 CFR 382.7 

The Department also tinds that section 382.7 neither conflicts with, nor is in any way 

inconsistent with, EC 1107/2006. We acknowledge that transatlantic flights would be subject to 

both regulations, and that conflicts may arise that could cause confusion. fu response to this 

concern, and in keeping with the Department's obligation and commitment to giving due 

consideration to foreign law where it applies, 14 CFR 382.9 provides a conflict of laws waiver 

mechanism. If a carrier believes that a provision of a foreign law conflicts with a requirement of 

Part 382, it can submit a waiver request. The Department states in the preamble to the 2008 

comprehensive amendment to Part 382, both in the Section-by-Section Analysis of section 382.9 

(73 Fed. Reg. at 27646-27647) and in the discussion on Conflict of Law Waivers and Equivalent 

Alternative Determinations (73 Fed. Reg. at 276.16), that a foreign law that requires a foreign 

carrier to do something prohibited by Part 382, or that prohibits a foreign carrier from doing 

something required by Part 382, is an appropriate subject for a conflict of laws waiver. We note 

that Alitalia has taken advantage of section 382.9 and requested conflict of laws waivers and 

equivalent alternative determinations from 14 other provisions of Part 382. Alitalia has not 

demonstrated that any provision of section 382.7 conflicts with or is in any way inconsistent with 

the intent of Articles 1.2 and 1.3 of EC 1107/2006. Therefore, having found no conflict of law, 

the Department must deny Alitalita's conflict oflaw waiver request for section 382.7. 

If you have any questions about this matter, please contact Vinh Nguyen or Maegan Johnson, of 

my staff, at (202) 366-9342. 

~ 

Sincerely, 

Assistant General Counsel for 

Aviation Enforcement and Proceedings