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. Department of Transportation Off i ce o f t he Secre t ary o f Tra n sporta t ion GENERAL COUNSE L January 8, 2014 1200 N e w Je rse y Aven u e , 5 1 : Wa sh i n g ton , DC 2 059 0

Certified Mail-Return Recei pt Requested

C harl es F. Donley C ounsel 

### f

or Volaris Squire Sanders Lt

. P 1200 19th Street , N

. W ., Suite 3 00 Washington , D .C. 20036

Rc : Equivalent Alternative Determination Re qu e s t C onc erning 1 4 CF R 3 8 2.67 and 1 4 C FR 38 2. ] 23

Dear Mr . Do nley : This letter concerns a re quest ti l ed b y C o n cesionaria Vue l a C ompani a de Avi acion , S. A.PJ. de C ; V

. d/

b/a V o l ari s ( Volaris ) o n August 9 , 2 01 3 , f or an e quiv al ent alternati v e determination c oncerning the in

- cabin priority sto w age space 

### for a passeng er ' s fo ldi ng , collaps ible , or break- down manual whe e lchair (manual fo lding whee lchair) re f erre d to i n 14 CF R 3 8 2.6 7 and 3 8 2

. 123 of the Department ' s Air C arri er Ac ces s A c t (AC AA) reg u lati o n. On May 30, 2013 , the Department granted a prior re que s t b y V o l ari s for an e quivalent altern ative determinatio n c o n cerning the in-cabin pri ority s towage s pac e requirement for a passenger ' s manu al f ol ding wheelchair . That approv al w a s f or V olaris ' Airbus A32 0 aircraf

t seati n g l 7 4 pass engers and with the conf i guration s and dimen s ion s describ e d in its Apri l 5 , 2013 , equival ent alternativ e determination re qu e s t
. We are modifyi n g that e quival ent alternative determi n ation appro v al to co v er V ol ari s ' de signate d pri ority wheelchair cargo stowage space on its I 80 -seal Airbu s A3 20 aircraf t , w ith the config urati o ns describ e d in it s Aug us t 9 , 20 1 3 , reque s t letter subj e c t to certai n conditi on s discussed b e lo w . S e c ti o n 3 8 2.67 require s carri er s to ensure " that there is a priority sp ace in the cabin of su f fi c i ent s i z e to ' stow at leas t on e typi cal adult

- siz ed f oldi n g, col lap s ible , or bre ak

- down manu al passeng er whe elchair

. " S ecti o n 3 8 2

. 123 set s forth further requirements c oncerni n g this pri ority c abi n stowag e space for whee lchair s and other as sistiv e de vi ces .

### 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 fo l ding 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;

23 

### 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 fu l ly 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. Vo l aris must not limit its liab i lity for a lost or destroyed whee l chair or a wheelchair damaged beyond repair in the designated whee l chair 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 ki nd 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 upo n 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 reclai m 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 i t 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 other4 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 wheel c hair for a passenger; and 13. Volaris must also provide this office with copies of all complaints, or a certification that there were no complaints , 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 complai nts 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