U.S. Department of Transportation Office of the Secretary of Transportation GENERAL COUNSEL August 3, 2009



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-ReturnReceiptRequested

Ms. Carol Gosain, Esq. Mr. Bill Karas, Esq. Counsel toJapanAirlines International Co., Ltd. Steptoe & JohnsonLLP 1330ConnecticutAvenue, NW Washington, D.C. 20036 1200 New JerseyAvenue, SE Washington, DC 20590

Re: EquivalentAlternative Determination Request Concerning 14 CFR 382.61

DearMs. Gosain andMr. 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 subjectto certain conditions, as discussedbelow.
Section 382.61(a) requires carriers to ensure that "aircraftwith 30ormore passenger seats[IJ
on which passenger aisle seats have armrests are equipped with movable aisle armrests on at least one-halfofthe 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 ofAviation Enforcement and Proceedings ("Enforcement Office") has long held that the passenger seatingcapacityofan aircraft is the manufacturer's maximum designed seatingcapacityofa 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. Forexample, ifa manufacturer designs an aircraft type to hold a maximum of 110 passenger seats, the EnforcementOffice would treat the aircraft as an aircraft with a passenger seatingcapacity of II0 even ifa carrier stipulates that the aircraft is to be delivered with 99 seats ortakes delivery ofan aircraft with II0 seats and thenremoves II seats.

2 For example, if 80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20 percent are in first class, then 80percentofthe movable aisle armrests must be in coach, with 20 percent in first class. In a more specific example, ifa carrier is using an Embraer 195 with a I00-seat seating configuration, with 12 seats in tirst class (4 rows with one seat on one side ofthe aisle and two seats on the other side), 8ofwhich are aisle seats, and 88 seats in coach class, 42 ofwhich are aisle seats for the purposeof 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 exitrow in which passengers with mobility impairments are not permitted toaisle 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 wheelchairto his orheraircraft seat.

In its equivalent alternative determinationrequest, JAL states that its first and business class seats permit a horizontal transfer ofa 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 armrestrequirementofsection382.61.
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 alternativedeterminationrequestfor section382.61 with the following conditions: (1) This approval is limitedto JAL's Boeing777-300ER 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 oftheDepartment, then itrisks being in violationofsection 382.61; (3) JAL must provide, or ensure the provision of, specialized training to its employees and contractors, as well as the employees andcontractors ofany otherentitythat 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 ofthe transfer technique demonstration video submitted to the Department. Such trainingmust also cover, at aminimum: (A) the properuse of all items needed to transfer apassengerto and from the first and business class seats (e.g., transfer board); (B) the number ofpersons 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 incoachclass with movable aisle armrests.

2(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 refreshertraining havedone 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.
Ifyou have any questions about this matter, please contactJames Fisher, ofmy staff, orme at (202) 366-9342. You may also reachus byFAXat (202) 366-7152. Sincerely,

SamuelPodberesky AssistantGeneral Counselfor

AviationEnforcementandProceedings

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