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U.S. Departmen t ' GENERA L COUNSEL 1200 New jersey Avenue. SE 

Of Transportation JUNE 13, 2011 Washington. DC 20590 

Office of the Secrefary ,^. 

of Transportafion ^ 

Registered MaJl-Return Receipt Requested - - ,~r: ^ • 'Zi 

Vesna Vinski ~~ rrn^rn 

Qantas Airways, Ltd. "Q >-^ ^ 

Qantas Centre 203 Coward St. __ r^o O 

Mascot, NSW. 2020 Australia ^1 ,^^"" 

CO 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

Dear Ms. Vinski: 

This letter concerns the July 9, 2010, request of Qantas Airways, Ltd. (Qantas), 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 premium economy class seats in its Airbus A380 aircraft. We are granting Qantas' 

request subject to the conditions discussed below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats' 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the 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."^ Furthermore, the Enforcement Office has interpreted movable 

aisle 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 

wheelchair to his or her aircraft seat. 

' The Depanment's Office of Aviation Enforcement and Proceedings (Enforcement Office) has long held that 

ihe 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 (he number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seals or rakes delivery of an aircraft 

with 110 seats and (hen removes 11 seats. 

" For es.ample. if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in fu^st class. 
•personnel if the passenger's physical ability necessitates such as'sistance)_from an aisle 

wheelchair to his or her aircraft seat. 

In its equivalent alternative determination request, Qantas states that the premium economy 

class seats in its Airbus A380 aircraft do not have movable aisle armrests as required by 

section 382.61. However, Qantas asserts that the seat pitch and amount of entrance space in 

its premium economy class seats provide passengers with a mobility impairment sufficient 

space to easily transfer to and from those seats without having to be lifted over the fixed 

aisle armrest. 

The Department has reviewed Qantas' premium economy class seat schematics and aircraft 

configuration diagrams. The Department also reviewed Qantas' 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 Qantas' premium economy class seats. 

This material shows that the passenger does not have to be lifted over the aisle armrest. 

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

equivalent alternative determination request for section 382.61 for its premium economy 

class in its Airbus A380 aircraft with the following conditions: 

(1) This approval is limited to the premium economy class seats in Qantas' Airbus A380 

aircraft with the configuration and dimensions provided in the carrier's July 9, 2010, 

equivalent alternative determination request. Qantas 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 Qantas implements seat 

configuration and/or seat dimension changes without prior approval of the 

Department, it risks being in violation of section 382.61; 

(2) Qantas 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 premium economy 

class in its Airbus A380 aircraft. The specialized training must ensure training to 

proficiency in how to properly transfer a passenger to and from Qantas' premium 

economy class seats. Such training must also cover, at a minimum: (A) the proper 

use of all items needed to transfer a passenger to and from the premium economy 

class seats (fig, transfer board and sling/harness); (B) the number of persons needed 

to perform the transfer; (C) how to properly operate the premium economy class 

seats (e.g., location and use of control buttons); and (D) how to transfer a passenger 

to and from the premium economy class seats in a safe and dignified manner; and 

(3) Qantas 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 refresher training have done so; and (C) within 30 days 

after each calendar quarter, for a period of three years, provide the Enforcement 

OtTice with copies of all complaints, if any, regarding passenger transfers to and 

from their premium economy class seats in the covered aircraft. 
If you have any questions about this matter, please contact Michael Hallock or Kim Graber 

of my staff, or me, at (202) 366-9342. You may also reach us by FAX at-(202) 366-7152. 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings