U.S. Department of Transportation Office ofthe

### -§~cretary ofTransportation

RichardD. Mathias GENERAL COUNSEL August: 16,. 2012

RegisteredMail-ReturnReceipt Requested

Counsel forTrans American Airlines, S.A. d/b/a TACAPem Zuckert, Scoutt& Rasenberger, L.L.P. 888 SeventeenthStreet, NW Washington, DC 20006 Re: Equivalent Alternative Determination Request Concerning 14 CFR 382.61

DearMr. Mathias:
This letter concerns the March 12, 2012, request• of Trans American Airlines, S.A. d/b/a TACA Peru (TACA Peru) 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 the business class seats in its Airbus A330 aircraft. We are granting TACA Peru's equivalent alternative determinationrequest subject to theconditions discussedbelow.

',, Section 382.6l(a) requires carriers to ensure that ."aircraft with 30 or more passenger seats 1

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 382.6l(c) notes that movable aisle armrests must be "provided proportionately in all classes ofservice in the cabin."2Fmthermore, the Enforcement Office has interpreted movable aisle armrest as meaning an armrest on an aisle seatthat completely moves.orfolds out ofthe 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

1 TheDepartment's Office ofAviation 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 numberofseats on an aircraft or ordering an aircraft with fewer seats than its designed seating capacity. For example, ifa manufacturer designs an aircraft type to hold a maximum of 110 passenger seats, theEnforcementOffice would treat the aircraft as an aircraft with a passenger seatingcapacity of 110 even ifa carrier stipulates that the aircraft is to bedelivered with 99 seats or takes delivery ofan aircraft with II0 seats and then removes II seats.

1 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 percentin first class.ifthe passenger's physical ability necessitates such assistance) from an aisle wheelchair to his orheraitcraft seat.

In its equivalent alternative determination request, TACA Pem states that its parent company, Avianca TACA Holding**s~A.** (Avianca TACA), is also the parent company of Aerovias Del Continente Americana S.A Avianca (Avianca). TACA Peru states that its Airbus A330 aircraft are· presently operated by Avianca and were inclu>;fed in the equivalent alternative determination granted to Avianca on October 27, 2009.**Avf~hca** TACA carriers
are currently undertaking efforts to efficiently manage their fleets. BothAvianca and TACA Peru plan to use the Airbus A330 aircraft in foreign air transportation. Because the equivalent alternative determination granted to Avianca is carrier specific, TACA Peru requests that a separate equivalent alternative determinationbe granted to TACA Peru orthe existing equivalent alternative determination granted to Avianca that is applicable to the
same Airbus A330 aircraft that TACA Pem intends to operatebe extended to includeTACA Peru'soperationofthe aircraft.

Before granting Avianca's October 27, 2009, equivalent alternative determination, the Department reviewed Avianca's configurationdiagrams, videos, and attended apresentation at Miami International Airport which demonstrated both a carrier-assisted and self-assisted transfer of a person with a mobility impairment from an aisle or boarding wheelchair to Avianca's business class seats. Based on the video, diagrams, and demonstration, the Department granted Avianca's request. TACA Peru seeks the same equivalent alternative determination granted to Avianca so that TACA Peru can ·operate the same aircraft. Accordingly, based on the information provided in TACA Peru's March 12, 2012, request, the Department is granting TACA Peru's request for an extension ofthe existing equivalent alternative determination granted to Avianca for section 382.61 for its business class seats in its Airbus A330 aircraft. This determination is applicable to TACA Peru's operation ofthe
same aircraft that are encompassed in the Avianca determination with the following conditions:

(1) This approval is limited to the business class seats in the Avianca/TACAPeruAirbus A330 aircraft with the configuration and dimensions provided inthe carrier's March 12, 2012, equivalent alternative determination request. TACA Peru must obtain the Department's prior approval for any seat configuration changes and/or seat dimension changes to be made on any aircraft that is subject to this approval. If 

## 'I:ACA Peru implements seat configuration and/or seat dimension changes without priorapproval ofthe Department, itrisks being in violation ofsection 382.61; (2) TACA Peru 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 or from the business class seats in its Airbus A330 aircraft on orbefore February 28, 2013. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from TACA Peru's business class seats. Such training must also cover, at a minimum: (A) the proper use ofall items needed to transfer a passenger

2to and from the business class seats (e.g., transfer board and sling/harness); (B) the number ofpersons needed to perform the transfer; (C) how to properly operate the**busines~-''**class seats (**e~g.,** location and use of control buttons); and (D) how to transfer a passenger to and frorp the business class seats in a safe and dignified manner; and
(3) TACA Peru must also: (A) provide, or ensure the provision

### ,:;pf, annual refresher training; (B) retainfor three years individuals' trainingrecords**d~fuonstrating** that all persons required to receive initial and refreshertraininghave done so; and (C) within 30 days after each calendar qumter, for a period of three years, provide the Enforcement Office with copies of all complaints, if any, regarding passenger transfers to andfrom theirbusiness class seats inthe covered aircraft.

If you have any questions about this matter, please contact Michael Hallock or Kimberly Graberofmy staff, orme, at (202) 366-9342. Sincerely,

# -~~- AssistantGeneral Counsel for

AviationEnforcement and Proceedings

cc: David M. Endersbee



### 3