## 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



### BYHAND Samuel Podberesky Assistant General Counsel for Aviation

Enforcement and Proceedings U.S. Department ofTransportation 1200 NewJersey Avenue, SE Washington, DC 20590 March 2, 2012

Re: EquivalentAlternative Determination Request Concerning 14 CFR 382.61

DearMr. Podberesky: DIRECT DIAL (202) 973-7917 rdmathias@zsrlaw.com

We are writing on behalfofAerolineas Galapagos S.A. ("AeroGal") to request an equivalent alternative determination ("EAD") concerning 14 CFR 382.61 for thebusiness class seats ofAeroGal's three A320 aircraft. These aircraft were delivered new to AeroGal between August and December of2010, andthus would otherwise require moveable aisle armrests in accordance with 14 CFR382.61. As you are aware, AviancaTACA Holding S.A. is now the parent ofa 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 includesthe seating manufacturer, seat model (WeberModel 7070 in business class), seating and aisle dimensions, andoverall cabin configuration. AeroGal respectfully submits that underthe circumstancespresentedherein the requirement for a video or in-person demonstration ofthe seat transfers should be waived. The Department already reviewed and approvedthe suitability ofthese seats as an equivalent alternative to literal compliance with 14 C.F.R. 382.61 when itapproved 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 besidesZUCKERT SCOUTT b RASENBERGER, L.L.P. Samuel Podberesky March 2, 2012 Page2 being duplicative ofAvianca's submission, requiring AeroGal to absorb the expense ofa video demonstration in these circumstances would be unduly burdensome. In terms oftraining, AeroGal will, prior to operation ofthe aircraft in foreign air transportation (in accordance with Condition 1to 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 proficientin such transfers, and will include the following minimum elements: (1) the proper use ofall items needed to transfer apassengerto and from the business class seats; (2) the number ofpersons needed to perfotm the transfer; (3) proper operation ofthe 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 ofA vianca's approval. Besides the three A320 aircraftdiscussed 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 operatingthem on its LatinAmerican routes. AeroGal therefore appreciates the Department's promptreview and consideration ofthis application so that itmay begin the muchneededplanning necessary to incorporate its A320 fleet into U.S. service. AeroGal will provide the Department with any additional information necessary concerningthis request. Please contact thatundersigned ifyou have any questions Respectfully submitted,

Richard D. Mathias DavidM. Endersbee Counsel for Aerolineas Galapagos S.A.