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U.S. Department

of Transportation

Office of the Secretary

of Transportation

GENERAL COUNSEL

January 8, 2014

1200 New Jersey Avenue, 51:

Washington, DC 20590

Certified Mail-Return Receipt Requested

Charles F. Donley

Counsel for Volaris

Squire Sanders Lt.P

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

Rc: Equivalent Alternative Determination

Request Concerning 14 CFR 382.67

and 14 CFR 382. ]23

Dear Mr. Donley:

This letter concerns a request tiled by Concesionaria Vuela Compania de Aviacion, S.A.PJ.

de C;V. d/b/a Volaris (Volaris) on August 9, 2013, 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) referred to in

14 CFR 382.67 and 382.123 of the Department's Air Carrier Access Act (ACAA)

regulation. On May 30, 2013, the Department granted a prior request by Volaris for an

equivalent alternative determination concerning the in-cabin priority stowage space

requirement for a passenger's manual folding wheelchair. That approval was for Volaris'

Airbus A320 aircraft seating l 74 passengers and with the configurations and dimensions

described in its April 5, 2013, equivalent alternative determination request. We are

modifying that equivalent alternative determination approval to cover Volaris' designated

priority wheelchair cargo stowage space on its I80-seal Airbus A320 aircraft, with the

configurations described in its August 9, 2013, request letter subject to certain conditions

discussed below.

Section 382.67 requires carriers 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

this priority cabin stowage space for wheelchairs and other assistive devices.
In its August 9, 2013, equivalent alternative determination request, Volaris states that it

recently acquired two Airbus A320 aircraft, each seating 180 passengers, which it plans to

use in service between Mexico and the United States. According to Volaris, other than the

additional seating configuration, these aircraft are identical to the 174-seat A320 aircraft for

which the Department granted an equivalent alternative determination on May 30, 2013.

Volaris states that the cargo holds in the I80-seat A320 aircraft are identical to the holds in

the 174-seat A320 aircraft, and the method Volaris will use to transport wheelchairs in its

180-seat A320 aircraft is identical to the method described in Volaris' earlier approved

application.

Based on the information submitted by Volaris, the Department is granting Volaris'

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

trial basis so that it can utilize priority stowage space in the cargo compartment of its 174-

seat A320aircraft and its 180-seat A320 aircraft to stow two manual folding wheelchairs in

lieu of bavingan in-cabin stowage space for one passenger's manual folding wheelchair,

under the following conditions:

1. Volaris' equivalent alternative determination will remain in effect for a one-year trial

period from the date of this approval. Ifat any point DOT determines that Volaris 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, Volaris would be expected to expeditiously

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

does not have 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 Volaris' Airbus A320 aircraft with the configurations

described to the Department in Volaris' April 5, 2013, and August 9, 2013, requests.

Volaris must obtain the Department's prior approval for any deviations from the

method of stowing a passenger's manual folding wheelchair set forth in Volaris'

requests;

3. Volaris' designated wheelchair cargo stowage space must be capable of stowing at

least two manual folding wheelchairs and each wheelchair must be placed in a

protective stowage bag and secured horizontally to prevent unnecessary movement

during flight;

4. Volaris 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 Volaris' 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, Volaris must make a

reasonable effort to stow the passenger's manual folding wheelchair in its designated

wheelchair cargo stowage space;

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5. Volaris must ensure that no other items are stowed in its designated wheelchair cargo

stowage space if one or more folding wheelchairs are being stowed in that space;

6. In addition to stowing at least two passengers' manual folding wheelchairs in its

designated wheelchair cargo stowage space, to the extent permitted by government

safety standards, Volaris 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, Volaris must

remove the applicable components and stow the wheelchair in the passenger cabin;

7. Volaris 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. Volaris 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 originalpurchase price of the device;

8. Volaris 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 Volaris'

custody. Volaris 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;

9. Volaris 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 Volaris' baggage claim or gate area;

10. Volaris must allow a passenger to remain in his or her personal wheelchair up to the

door of the aircraft, unless the passenger agrees to relinquish his or her wheelchair at

a different location;

11. Volaris 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);

12. Volaris must provide, or ensure the provision of, specialized training to its

employees and contractors, as well as the employees and contractors of any other
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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 the 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. Volaris must also provide this office with copies of all complaints, or a certification

that there were nocomplaints, regarding the stowage of a passenger's wheelchair in

the designated wheelchair cargo stowage space every year. Volaris must submit this

information by the last Monday in January of each year for complaints received

during the prior calendar year. This submission is separate from the annual

disability-related complaints report that is to be submitted at the same time in

accordance with section 382.l57(h). Volaris must retain correspondence and record

of action taken on all complaints related to wheelchair stowage for three years after

receipt of the complaint or creation of the record of action taken and must make

these records available at the Department's request.

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

at (202) 366-9342.

Sincerely,

Livaughn hapman, Jr.

Chief, Aviation Civil Rights Compliance Branch

Office of the Assistant General Counsel for

Aviation Enforcement and Proceedings