ZUCKERT SCOUTT 6- RASENBERGER, L.L.P. 

ATTORNEYS AT LAW 

888 Seventeenth Street, NV{. Washington, DC 20006-3309 

Telephone !202] 298-8660 Fax [2021 342-0683 

www.zsrlawcom 

RICHARD D. MATHIAS 

BY HAND 

Samuel Podberesky 

Assistant General Counsel for Aviation 

Enforcement and Proceedings 

U.S. Department ofTransportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

March 2, 2012 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

Dear Mr. Podberesky: 

DIRECT DIAL (202) 973-7917 

rdmathias@zsrlaw.com 

We are writing on behalf of Aerolineas Galapagos S.A. ("AeroGal") to request an 

equivalent alternative determination ("EAD") concerning 14 CFR 382.61 for the business class 

seats of AeroGal's three A320 aircraft. These aircraft were delivered new to AeroGal between 

August and December of2010, and thus would otherwise require moveable aisle armrests in 

accordance with 14 CFR 382.61. 

As you are aware, AviancaTACA Holding S.A. is now the parent of a number of 

affiliated carriers, including AeroGal. AeroGal's A320 aircraft are configured identically to the 

A320 aircraft for which Aerovias Del Continente American S.A. Avianca ("Avianca") obtained 

an equivalent alternative determination on October 27,2009. This includes the seating 

manufacturer, seat model (Weber Model 7070 in business class), seating and aisle dimensions, 

and overall cabin configuration. 

Aero Gal respectfully submits that under the circumstances presented herein the 

requirement for a video or in-person demonstration of the seat transfers should be waived. The 

Department already reviewed and approved the suitability of these seats as an equivalent 

alternative to literal compliance with 14 C.F.R. 382.61 when it approved Avianca's EAD. The 

video submitted by Avianca is an accurate representation ofthe seating arrangement and transfer 

procedure that AeroGal will utilize. Additionally, at present AeroGal operates a single roundtrip flight each day between Ecuador and the U.S. (Guayaquil- New York (JFK)) and besides 
ZUCKERT SCOUTT b RASENBERGER, L.L.P. 

Samuel Podberesky 

March 2, 2012 

Page2 

being duplicative of Avianca's submission, requiring AeroGal to absorb the expense of a video 

demonstration in these circumstances would be unduly burdensome. 

In terms of training, AeroGal will, prior to operation of the aircraft in foreign air 

transportation (in accordance with Condition 1 to Avianca's October 27, 2009 approval), provide 

specialized training to its employees and contractors who may be involved in the transfer of 

persons with mobility impairments to and from its business class seats. This training will ensure 

that employees are proficient in such transfers, and will include the following minimum 

elements: (1) the proper use of all items needed to transfer a passenger to and from the business 

class seats; (2) the number of persons needed to perfotm the transfer; (3) proper operation of the 

business class seat; ( 4) and training to ensure that such transfers are performed in a safe and 

dignified manner. 

AeroGal will also comply with the training and record keeping conditions set forth in 

Condition 4 of A vianca's approval. 

Besides the three A320 aircraft discussed herein, AeroGal operates six A319 and B767-

300ER aircraft. Because the A320 aircraft do not yet comply with 14 CPR 382.61, AeroGal has 

been operating them on its Latin American routes. AeroGal therefore appreciates the 

Department's prompt review and consideration of this application so that it may begin the muchneeded planning necessary to incorporate its A320 fleet into U.S. service. 

AeroGal will provide the Department with any additional information necessary 

concerning this request. Please contact that undersigned if you have any questions 

Respectfully submitted, 

Richard D. Mathias 

David M. Enders bee 

Counsel for Aerolineas Galapagos S.A.