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BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION .'"

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WASHINGTON,D.C 4 ••

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Nondiscrimination on the Basis of

Disability in Air Travel

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Docket OST.2008.0273

APPLICATION OF KOREAN AIR LINES CO., LTD.

FOR AN EOUIVALENT ALTERN,ATIVE DETERMINATION

Communications with respect to this document should be sent to:

William H. Callaway, Jr.

David M. Endersbee

ZUCKERT, SCOUTI & RASENBERGER,

L.L.P.

888 17'hStreet, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973.7906

Fax: (202) 342.0683

Email: whcallawayfa\zsrlaw.com

dmcndersbee@zsrlaw.com

Counsel for Korean Air Lines Co., Ltd.

July 26,2013
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASIDNGTON, D.C.

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Nondiscrimination on the Basis of

Disability in Air Travel

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Docket OST -2008-0273

APPLICATION OF KOREAN AIR LINES CO., LTD.

FOR AN EOUJ~VALENT ALTERNATIVE DETERMINATION '.

Pursuant to 14 CFR S 382.10, Korean Air Lines Co., Ltd. ("Korean Air" or the

"Company'.') respectfully applies for an equivalent alternative determination of the Departments'

moveable aisle armrest requirement in 14 C.F.R. S 382.61. Korean Air seeks this determination

for new first and business class seat designs for the Company's new Airbus A330-300, Boeing

777-300ER, and Boeing 747-8i aircraft (collectively, "KE Aircraft").

In support ofthis Application, Korean Air states as follows:

I. As part of Korean Air's fleet modernization strategy, the Company has placed

orders for new aircraft to be delivered beginning in 2014. Specifically, the Company will take

rolling delivery of six Airbus A330-300, six Boeing 777-300ER, and five Boeing 747-8i. The

A330-300 will utilize BIE Aerospace High Density Super First Class ("HDSFC") suites in first

and business classes, while the 777-300ER and the 747.8i will utilize these suites in business

class. 1

The first class seats for the 777-300ER and the 747-8i are still under development and will be the subject ofa

later application. The colors, materials, and finish of the HDSFC suites are subject to change during design

development, but the major dimensions stated in this application wilt not change.
....•..

Application of Korean Air Lines Co., Ltd.

For an EqI.,IivalentAlternative Determination

.July 26, 2013

2. Pursuant to Section 382.2 I(a)(l), aircraft delivered after May 13,2010 must have

movable aisle armrests installed in at least half of the aisle seats in which persons with mobility

impairments are permitted to sit, proportionately throughout the cabin. Most of the economy

class seats in the KE Aircraft will have movable aisle armrests. As such, no equivalent

alternative determination is sought for economy class seats. The HDSFC suites, however, are

integrated suite designs which cannot incorporate a moveable aisle armrest into their design. See

Exhibit KE-I.

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4. As illustrated in ExhibitKE-3, the relevant dimensions of the suite are identical

for both center and outboard positions in each of the KE Aircraft. Exhibit KE-4 illustrates the

cabin layouts and aisle widths for the A330-300, 777-300ER, and 747-8i, respectively2

5. Section 382.619(a) requires that Korean Air equip "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" with moveable aisle armrests. As illustrated in

2

All stated aisle dimensions are exclusive of are two small "bumper strips" on each side of the aisle, placed to

protect the suites from impact damage. These strips vary in width, resulting in a slightly narrower aisle where

the bumper strips are placed. Illustrations of the respective aisle widths with bumper strips are included in

Exhibit KE-3.
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Application of Korean Air Lines Co., Ltd.

For an Equivalent Alternative Dete!mination

July 26, 2013

Exhibit KE-3, most ofthe Company's aisle HDSFC suites are accessible to persons with

mobility impairments. J

indicating the edge ofthe aisle.

Company aircraft, the demonstration shows a mockup cabin, with thetape line on the mat

6. Korean Air has also prepared a video demonstration providing views of assisted

and unassisted transfers to and from the HDSFC suites.4 As these suites are not yet deployed on

of the mocked-up cabin interior.

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See Exhibit KE-5 for an illustration

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7. The Department has stated that a foreign air carrier may seek an equivalent

alternative determination "if the seats in a given class of service ... can be accessed by a

wheelchair user without a movable aisle armrest being provided." Final Rule, Nondiscrimination

on the Basis of Disability in Air Travel, 73 Fed. Reg. 27614, 27652 (May 13, 2008). The

demonstration video, and the information set forth in the exhibits discussed above, plainly shows

that Korean Air's HDSFC suites meet the criteria for the grant of an equivalent alternative

determination, namely that "persons with mobility impairments using aisle and boarding

wheelchairs can transfer horizontally into a given seat without being lifted over an armrest or

other obstacle." Id.

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The upper deck of the 747-8i may not be accessible to persons with mobility impairments as it may only be

accessed via stairs. The exterior doors on the upper deck are not utilized for boarding and are for emergency

evacuation only. As a policy matter, the Company does not seat passengers utilizing wheelchairs in the upper

deck.

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Application of Korean Air Lines Co., Ltd.

For an Equivalent Alternative Determination

. July 26, 2013

8. Grant of the requested equivalent alternative determination is in the public

interest. First, Korean Air's proposed accommodation meets the criteria set forth in Part 382 and

"provides substantially equivalent accessibility" to mobility impaired passengers. 14 C.F.R. S

382.10(c)(2). As the Department stated in its Final Rule, "[i]n order to be viewed as an

equivalent alternative, a[n] ... accommodation, or piece of equipment must really provide

substantially equivalent accessibility to passengers with disabilities than compliance with a

provision of the rule." 73 Fed. Reg. at 27647 (discussing Section 382.10). The Company's

video demonstrations show comfortable a'ld dignified transfers into and out of the HDSFC

suites. Second, Korean Air believes that these suite designs will provide its passengers with

greater comfort and convenience than "traditional" seating systems with movable aisle armrests.

9. Korean Air will provide additional data and information to the Department upon

request.

WHEREFORE, for the reasons set forth above, Korean Air Lines Co., Ltd. respectfully

requests the Department promptly grant it an equivalent alternative determination concerning

compliance with 14 C.F.R. S 382.61 as more fully discussed above.

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Application of Korean Air Lines Co., Ltd.

For an Equivalent Alternative Determination

July 26, 2013

July 26, 2013

Respectfully submitted,

William H, Callaway, Jr.

David M, Endersbee

ZUCKERT, SCOUTT & RASENBERGER, L.L.P.

888 17th Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973-7906

Fax: (202) 342-0683

Email: whcaIJaway@zsrlaw.com ;1

dmcndersbee@zsrlaw.com

Counsel for Korean Air Lines Co., Ltd.

5
Exhibit KE-l

B/E Aerospace HDSFC Suite, General Views (Outboard Position)

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HDSFC Suite Features

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Exhibit KE-3

B/E Aerospace HDSFC Suite Views and Dimensions

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Cabin Layout Diagrams
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Exhibit KE-5

Video Demonstration Illustration

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