U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

August 3, 2009 

Certified Mail - Return Receipt Requested 

Ms. Carol Gosain, Esq. 

Mr. Bill Karas, Esq. 

Counsel to Japan Airlines International Co., Ltd. 

Steptoe & Johnson LLP 

1330 Connecticut Avenue, NW 

Washington, D.C. 20036 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

Dear Ms. Gosain and Mr. Karas: 

This letter concerns Japan Airlines International Co., Ltd.'s ("JAL") September 10, 2008, 

request for an equivalent alternative determination concerning the movable aisle armrest 

requirement contained in 14 CFR 382.61 of the Department's Air Carrier Access Act 

(ACAA) regulation for its first and business class seats. We are granting JAL's request 

subject to certain conditions, as discussed below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats[IJ 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the aisle seats in rows in which passengers with mobility impairments are 

permitted to sit under FAA or applicable foreign government safety rules." Section 

382.61(c) notes that movable aisle armrests must be "provided proportionately in all classes 

of service in the cabin. "2 Furthermore, the Enforcement Office has interpreted movable 

1 The Department's Office of Aviation Enforcement and Proceedings ("Enforcement Office") has long held 

that the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity of a 

given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of II 0 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

with II 0 seats and then removes II seats. 

2 For example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in first class. In a more specific example, if a carrier is using an Embraer 195 with a I 00-seat seating 

configuration, with 12 seats in tirst class (4 rows with one seat on one side of the aisle and two seats on the 

other side), 8 of which are aisle seats, and 88 seats in coach class, 42 of which are aisle seats for the purpose of 

compliance with 14 CFR 382.61 (two aisle seats are not counted in this calculation, because at least one row 

would typically be an emergency exit row in which passengers with mobility impairments are not permitted to 
aisle armrest as meaning an armrest on an aisle seat that completely moves or folds out of 

the way while the seatback remains in an upright position to permit a passenger with a 

mobility impairment to safely make an unobstructed transfer (with assistance from carrier 

personnel if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

In its equivalent alternative determination request, JAL states that its first and business class 

seats permit a horizontal transfer of a passenger from a boarding wheelchair to the aircraft 

seat, without the need to lift the passenger over the aisle armrest. Therefore, JAL asserts 

that its first and business class seats provide an equivalent alternative to the movable aisle 

armrest requirement of section 382.61. 

The Department has reviewed JAL's first and business class seat schematics and aircraft 

configuration diagrams. The Department also reviewed a JAL video, which demonstrates 

both a carrier-assisted and a self-assisted horizontal transfer of a person with a mobility 

impairment from an aisle or boarding wheelchair to JAL's first and business class seats. 

This material shows that the passenger does not have to be lifted over the aisle armrest. 

Based on the information provided by JAL, the Department is granting its equivalent 

alternative determination request for section 382.61 with the following conditions: 

(1) This approval is limited to JAL's Boeing 777-300ER series aircraft; 

(2) This approval is limited to JAL's first and business class seats with the dimensions 

provided in its equivalent alternative determination request. JAL must obtain the 

Department's prior approval for any seat configuration changes and/or seat 

dimension changes to be made on any aircraft subject to this approval. If JAL 

implements seat configuration and/or seat dimension changes without prior approval 

of the Department, then it risks being in violation of section 3 82.61; 

(3) JAL 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 transferring persons with a mobility impairment to and from its first and business 

class seats. The specialized training must ensure training to proficiency in how to 

properly transfer a passenger to and from JAL's first and business class seats and 

must include a viewing of the transfer technique demonstration video submitted to 

the Department. Such training must also cover, at a minimum: (A) the proper use of 

all items needed to transfer a passenger to and from the first and business class seats 

(e.g., transfer board); (B) the number of persons needed to perform the transfer; (C) 

how to properly operate the first and business class seats (e.g., location and use of 

control buttons); and (D) how to transfer a passenger to and from the first and 

business class seats in a safe and dignified manner; and 

sit under FAA or other aviation safety authority's safety regulations), the carrier must, at a minimum, have 4 

seats in first class with movable aisle armrests and 21 seats in coach class with movable aisle armrests. 

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(4) JAL must also: (A) provide, or ensure the provision of, annual refresher training; 

(B) retain for three years individuals' training records demonstrating that all persons 

required to receive initial and refresher training have done so; and (C) within 30 days 

after each calendar quarter, provide the Enforcement Office with copies of all 

complaints, if any, regarding passenger transfers to and from its first and business 

class seats. 

If you have any questions about this matter, please contact James Fisher, of my staff, or me 

at (202) 366-9342. You may also reach us by FAX at (202) 366-7152. 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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