U.S. Department of Transportation Office ofthe Secretary ofTransportation GENERAL COUNSEL July 25**~** 2011 1200 NewJersey Avenue, SE Washington, DC 20590

Certified Mail-Return ReceiptRequested
CharlesF. DonleyII Squire, Sanders & DempseyL.L.P. 1201 PennsylvaniaAve, NW Washington, D.C. 20004

DearMr. )onley: ,,. '•

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Re: Equivalent Alwrnative Determination Request Concerning 14 CFR 382.61

This lett.:r concerns the November 1, 2010, request ofTACA 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 grantingthis request suojectto the conditions discussedbelow.

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 onat 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 382.61(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 ofAviationEnforcement 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. Forexample, ifa manufacturer designs an aircraft type to hold a maximum of 110 passenger seats, the Enforcement Office would treat the aircraft as anaircraft with a passenger seating capacity of llOeven ifacarrier stipulates that the aircraft is to bedelivered with 99 seats or takes delivery ofanaircraft with ll0 seats and thenremoves II seats.

2 For example, if 80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20percent are in tirst class, then 80 percent ofthe 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 wheelchairto his orher aircraft seat.

In their equivalent alternative determination request, Joint Applicants state that the business class seats in their aircraft do nothave movable aisle armrests as rec;uired by section 382.61. However, Joint Applicants assert that the seat pitch and amount ofentrance space for their business**c~ass** seats provide passengers with mobility**impairmen~s** sufficient space to transferto and from those seats, withouthaving to belifted overthe fixed aisle armrest.
The Departmenthas 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-assistedhorizontal transfer ofapersonwith 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 onthe information submittedbyJointApplicants, the Dtcpartmentis 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 inJointApp"_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 betransferring persons with a mobility impairment to or from the business class seats intheir Airbus A319, A320 orA321 aircraft. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and fromJointApplicants' business class seats. Suchtraining must also cover, at
a minimum: (A) the proper use ofall items needed to transfer a passenger to 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 business class seats (e.g., location and use of control buttons); and (D) how to transfer a passengerto and from the business class seats in a safe and dignified manner; and
(3) Joint Applicants must also: (A) provide, or ensurethe provision of, annual refresher training; (B) retain for three years individuals' training records demonstratingthat all persons requiredto receive initial andrefreshertraininghave 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 fromtheirbusiness class seats inthe covered aircraft.

2Ifyou have any questions about this matter, please contact Michael Hallock orKim Graber ofmystaff, orme, at(202) 366-9342. Youmay alsoreachus byFAXat (202) 366-7152.
Sincerely,

# ~~ Assistant General Counselfor

AviationEnforcemeutand Proceedings

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