U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

July 25 ~ 2011 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Certified Mail-Return Receipt Requested 

Charles F. Donley II 

Squire, Sanders & Dempsey L.L.P. 

1201 Pennsylvania Ave, NW 

Washington, D.C. 20004 

Dear Mr. )onley: 

,,. '• . i ~-··' • l .• \ 

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Re: Equivalent Alwrnative Determination 

Request Concerning 14 CFR 382.61 

This lett.:r concerns the November 1, 2010, request of TACA Inte.national Airlines, S.A., 

Lineas Pereas Costarricenses S.A., Aviateca S.A., and Trans AmF::.ican Lines d/b/a TACA 

Peru (Joint Applicants), 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 their Airbus A319, A320 and 

A321 aircraft. We are granting this request suoject to the conditions discussed below. 

Section 382.61(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-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."2 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 

1 The Department's Office of Aviation 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 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 llO even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

with ll 0 seats and then removes II seats. 

2 For example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

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

percent in first class. 
personnel if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

In their equivalent alternative determination request, Joint Applicants state that the business 

class seats in their aircraft do not have movable aisle armrests as rec;uired by section 382.61. 

However, Joint Applicants assert that the seat pitch and amount of entrance space for their 

business c~ass seats provide passengers with mobility impairmen~s sufficient space to 

transfer to and from those seats, without having to be lifted over the fixed aisle armrest. 

The Department has reviewed Joint Applicants' business class seat schematics and aircraft 

configuration diagrams. The Department also reviewed Joint Applicants' video, which 

demonstrates both a carrier-assisted and a self-assisted horizontal transfer of a person with a 

mobility im:rairment from an aisle or boarding wheelchair to Joint Applicants' business 

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

armrest. Basr::d on the information submitted by Joint Applicants, the Dtcpartment is granting 

Joint Applic:·nts' equivalent alternative determination request for ser.tion 382.61 for the 

business cla s seats in their Airbus A319, A320 and A321 aircraft with the following 

conditions: 

(1) Thi::; approval is limited to the business class seats in Joint App"_icants' Airbus A319, 

A320 and A321 aircraft with the configuration and dimensions provided in their 

November 1, 2010, equivalent alternative determination request. Joint Applicants 

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 Joint Applicants implement seat configuration and/or seat dimension 

changes without prior approval of the Department, they risk being in violation of 

section 382.61; 

(2) Joint Applicants must provide, or ensure the provision of, specialized training to 

their 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 their Airbus A319, A320 or A321 aircraft. The specialized 

training must ensure training to proficiency in how to properly transfer a passenger 

to and from Joint Applicants' business 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 business class seats (e.g., transfer board and sling/harness); (B) the number 

of persons needed to perform the transfer; (C) how to properly operate the business 

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

passenger to and from the business class seats in a safe and dignified manner; and 

(3) Joint Applicants 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 Office with copies of all complaints, if any, regarding passenger 

transfers to and from their business class seats in the covered aircraft. 

2 
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, 

~~ Assistant General Counsel for 

Aviation Enforcemeut and Proceedings 

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