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u s Department GENERAL COUNSEL 1200 New Jersey Avenue. SE 

Of Transportation August 27,2010 Washington, DC 20590 

Office of the Secretary 

of Transportation ^ .> 

Certifled Mail-Return Receipt Requested 

Mr. Richard D. Mathias 

Mr. David M. Endersbee 

Counsel for Avianca 

Zuckert, Scoutt & Rasenberger, L.L.P. 

888 Seventeenth Street, N.W. 

Washington, D.C. 20006 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.67 

and 14 CFR 382.123 

Dear Messrs. Mathias and Endersbee: 

This letter concerns Aerovias Del Continente Americano S.A.'s (Avianca) April 9, 2010, 

request for an equivalent alternative determination concerning the in-cabin priority stowage 

space for a passenger's folding, collapsible, or break-down manual wheelchair (manual 

folding wheelchair) contained in 14 CFR 382.67 and 382.123 of the Department's Air 

Carrier Access Act (ACAA) regulation. We are granting Avianca's equivalent alternative 

determination request to use its designated wheelchair cargo stowage space to satisfy the 

above requirement to stow passengers' manual folding wheelchairs for a one-year trial basis 

subject to certain conditions, as discussed below. 

Section 382.67 requires cairiers to ensure "that there is a priority space in the cabin of 

sufficient size to stow at least one typical adult-sized folding, collapsible, or break-down 

manual passenger wheelchair." Section 382.123 sets forth further requirements concerning 

the priority cabin stowage space for wheelchairs and other assistive devices. 

In its equivalent alternative determination request, Avianca states that its Airbus A319 and 

A320 aircraft are "ill-suited to the retrofit of priority space" and that the interior dimensions 

of these aircraft "make the provision of priority space unsuitable for brand new aircraft due 

to the limited availability of unused space." Therefore, Avianca proposes to utilize a portion 

of the bulk cargo hold of its Airbus A319 and A320 aircraft as a designated space for the 

stowage of up to two passenger folding wheelchairs, in lieu of having a stowage space in the 

cabin for one passenger's folding wheelchair. Avianca states that this designated space 

would be separated from other items in the cargo hold by a divider affixed to the floor, sides 

and ceiling of the cargo hold and that each passenger's wheelchair would be placed in a 
protective stowage bag, completely separated from any other items in the cargo hold. 

Furthermore, Avianca states that passengers would be provided the "flexibility they 

presently enjoy to check the wheelchair wherever they prefer and to receive it back 

wherever they prefer" and that it will "implement checks in existing post-landing procedures 

to ensure that a passenger's wheelchair is removed from the aircraft." 

In addition to reviewing the information in Avianca's equivalent alternative determination 

request, representative from the Department's Office of Aviation Enforcement and 

Proceedings (Enforcement Office) attended a demonstration at Miami hitemational Airport 

to assess whether Avianca's proposed designated space in the cargo compartment would 

provide substantially equivalent accessibility to passengers with disabilities, compared to 

having a priority stowage space in the cabin of its aircraft. Based on the demonstration and 

information submitted by Avianca, the Department is granting Avianca's equivalent 

alternative determination request for sections 382.67 and 382.123 for a one-year trial basis 

so that it can utilize priorhy stowage space in the cargo compartment of its Airbus A319 and 

A320 aircraft to stow two manual folding wheelchairs in lieu of having an in-cabin stowage 

space for a passenger's manual folding wheelchair under the following conditions: 

(1) Avianca's equivalent alternative determination request will be permitted for a 

one-year trial period. If during that trial period or any point thereafter, DOT 

determines that Avianca's proposal is not providing the same or greater 

accessibility to passengers with a disability as provided by sections 382.67 

and 382.123, DOT reserves the right to terminate this approval. If the 

approval is terminated, Avianca would be expected to expeditiously retrofit 

any aircraft ordered after May 13, 2009, or delivered after May 13, 2010, 

without a priority space in the passenger cabin, to include such a priority 

space as is currently required by section 382,67; 

(2) This approval is limited to Avianca's Airbus A319 and A320 aircraft in the 

configuration described to the Department in Avianca's April 9, 2010, 

request. Avianca must obtain the Department's prior approval for any 

deviations from the method of stowing a passenger's manual folding 

wheelchair set forth in Avianca's request; 

(3) Avianca's designated wheelchair cargo stowage space must be capable of 

stowing at least two manual folding wheelchair and each wheelchair must be 

placed in a protective stowage bag and secured to prevent unnecessary 

movement during flight; 

(4) Avianca must ensure that up to two passengers with a disability who use a 

manual folding wheelchair and take advantage of the opportunity to preboard 

the aircraft can stow their manual folding wheelchairs in Avianca's 

designated wheelchair cargo stowage space with priority over all other items. 
For a passenger that does not take advantage of the opportunity to preboard 

the aircraft, Avianca must make a reasonable effort to stow the passenger's 

manual folding wheelchair in its designated wheelchair cargo stowage space; 

(5) Avianca must ensure that no other items are stowed in its designated 

wheelchair cargo stowage space if a folding wheelchair is being stowed in the 

designated wheelchair cargo stowage space; 

(6) Avianca must not limit its liability for a lost or destroyed wheelchair or a 

wheelchair damaged beyond repair in the designated wheelchair cargo 

stowage space to the liability limit provided in the Montreal Convention, or 

any other applicable treaty or law. Avianca must calculate the compensation 

owed to a passenger for a lost or destroyed wheelchair or a wheelchair 

damaged beyond repair in the designated wheelchair cargo stowage space, as 

the original purchase price of the device; 

(7) In addition to stowing at least two passengers' manual folding wheelchairs in 

its designated wheelchair cargo stowage space, to the extent pennitted by 

government safety standaids, Avianca must also stow in the passenger cabin 

passengers' manual folding wheelchairs in the overhead compartments or 

other stowage areas if passengers make such requests and the devices can 

physically be stowed in such space. If the wheelchair exceeds the space 

while fully assembled but will fit if wheels or other components can be 

removed without the use of tools, Avianca must remove the applicable 

components and stow the wheelchair in the passenger cabin; 

(8) Avianca must ensure that a passenger's manual folding wheelchair stowed in 

the designated wheelchair cargo stowage space is the first item off the 

aircraft after landing and is delivered to the passenger at the door of 

the aircraft as soon as the passenger deplanes the aircraft, unless the 

passenger requests to reclaim the wheelchair at Avianca's baggage claim 

area; 

(9) Avianca must allow a passenger to remain in his or her personal wheelchair 

up to the door of the aircraft, unless the passenger requests to relinquish his 

or her wheelchair at a different location; 

(10) Avianca must use its best efforts to prevent weather conditions from 

negatively impacting on the condition of the wheelchair when it is returned to 

the passenger (e.g., placing a cover on a wheelchair to prevent exposure to 

the rain or the hot sun); 

(11) Avianca must use its best efforts to promptly provide a temporary 

replacement wheelchair of comparable kind and quality at no charge to the 
passenger if a passenger's wheelchair is delayed, lost, damaged or destroyed 

while in Avianca's custody. Avianca must not limit its liability for providing 

a temporary replacement wheelchair to the liability limit provided in the 

Montreal Convention, or any other applicable treaty or law. These efforts 

must be documented, retained for three years, and available to the 

Department upon request; 

(12) Within 30 days after receipt of this approval, Avianca 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 

involved with the stowing of a passenger's manual folding wheelchair in the 

designated wheelchair cargo stowage space. The specialized training must 

ensure training to proficiency in how to properly stow a passenger's manual 

folding wheelchair in the designated wheelchair cargo stowage space, predeparture procedures to ensure the passenger's wheelchair is placed on the 

aircraft, post-landing procedures to ensure that passenger's wheelchair is the 

first item removed from the aircraft, proper procedures to follow if a 

wheelchair is lost, damaged, or destroyed, and the proper procedures to 

obtain a temporary replacement wheelchair for a passenger; and 

(13) Avianca must also, within 30 days after the end of each calendar quarter, 

provide this office with copies of all complaints, if any, regarding the 

stowage of a passenger's wheelchair in the designated wheelchair cargo 

stowage space. The first report is due on October 30, 2010, for complaints 

received from the approval date to September 30, 2010. 

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, 

S amueTPodberesicyAssistant General Counsel for 

Aviation Enforcement and Proceedings