ZUCKERT SCOUTT EY RASENBERGER, LL.P. 

B8B Sewntc:enth Strc(ct, N\ \; \Vashin!(tOn, DC 2(l006-Y''>O\' 

Telephone [202) 298-il660 Fax 1202) )42-0683 

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RICHARD D. ~1,\TlllAS DIRFCT DIAL (202) 973-7917 

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UYHAND 

Samuel Podbereskv 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

U.S. Department oC Transportation 

1200Nc\v Jersey Ave .. S.E. 

Washington, D.C. 20590 

April 13,2012 

Rc: Equivalent Alternative Determination 

Requests Concerning 14 CFR 382.61 

Dear Mr. Podberesky: 

,) 

We are writing on behalf of Aerovias Del Continente American S.A. A vianca 

('"Avianca"), TACA International Airlines, S.A.. Lineas Acreas Costarricenscs S.A., and Trans 

American Airlines d/b/a TACA Peru ("the TACA CarTiers") (collectively with Avianca, the 

"Joint Applicants") to request approval for potential seat configuration changes planned for 

aircraft covered by A vianca's and the T ACA Carriers' equivalent alternative determinations 

("EADs") concerning 14 CFR 382.61 (granted October 27,2009 and July 25.2011, 

respectively). 

Condition 1 of the EADs requires the Department's prior approval for any seating 

configuration changes and/or seat dimension changes to be made on any aircraft subject to the 

EADs· scope. As you are mvare, Avianea and the TACA Carriers now operate under the 

common ownership and overall management of A viancaTACA Holding S.A. As suclL these 

carriers are undertaking efforts to improve and standardize f1cet and aircraft configurations. Part 

of this effort invol\'cs the creation of common configurations for A319 and A32U aircraft 

(collectively, the ''A VTA Conflgurations") to be delivered to A vianca and the TACA Carriers. 

The A VTA Configurations involve modifications to pending aircraft orders. 1 

Avianca and tht' TACA Carriers arc also exploring retrofit options lor aircraft already in their flee b. If it 

develops that an A V rA Retmiit Configuration is con finned that involves changes to any of the material 

cabin/aislc/seilt dimensions. Avianca and the TAC/\ Carrier:; \Viii submit a separate I·:AD request to th<.: 

Department concerning tho~c changes. 

. •'. 
ZUCKERT SCOUTT b- RASENBERGER, L.L.P 

Samuel Podberesky 

April 13,2012 

Page 2 

Avianca and the TACA Caniers are in the midst of finalizing details ofthe AVTA 

Configurations with Airbus (with one exception, none of these details arc germane to this 

request). The noted exception is that the business class seats may or may not ultimately be 

configured with movable aisle armrests. Therefore, out of abundance of caution and to provide 

planning f1exibility, the Joint Applicants arc filing this request in the event that the seats are not 

configured with movable aisle armrests. 

Both Avianca's and the TACA Carriers' EADs concern business c1ass seats in each 

canier's respective Airbus A3l9, A320, and (for the TACA Carriers) A321 aircraft. 2 The A VTA 

Confiu_urations -vvill continue 1.o utilize the same Weber Model 7070 seats in business class as 

prese1~ly used by Avianca,3 but in a slightly different configuration.'1 Layouts of passenger 

arrangement for the A VT A Configurations are set forth as Exhibit AVTA-1 (pursuant to Rule 

12, conlldential treatment is requested fi.lr this exhibit). 

A summary ofthe relevant difJcrences between Avianca and TACA Carrier aircraft and 

the A VTA Configuration aircraft (for both A319 and A320 models) are as follows: 

• Between Avianca and the A VTA Configuration, an increase of .1" in aisle width; 

a 2" decrease in the space bet,seen the first row of business class and the 

bulkhead; a 2" increase in row-to-row distance) (furthest distance from scatback 

to leading edge of bottom of scat cushion) for rows 2 and 3. ~c~ Exhibit A VTA2. 

• Between the TACA Carriers and the A VTA Configuration, aisle width decreases 

.5"; and first row to bulkhead distance increases 2.78''. See Exhibit AVT A-3. 

There are no other changes that impact cabin space or dimensions, including changes to 

seat pitch. 

The Joint Applicants respectfully submit that these changes will not negatively impact the 

ability of a passenger with a mobility impairment to make an assisted or unassisted transfer from 

an aisle wheelchair into or oul of the business class seats for the reasons set forth below. 

2 The dimensions set forth in this request ancl it~ accompanying exhibits refer to and compare the dimensions of the 

A3 I 9 and A320 aircraft f(Jr which EI\Ds I leTt: granted. Older A3 I 9 and A320 aircraft that pre-date DOT's 2008 

revisions to Part 382 may have slightly different configurations and dimensions than those stated herein. 

3 The TACA Carriers aircraft are eguipped with Rccaro 4400 seats in business class. 

4 A vianca and the TACA Carrier~' aircraft arc presently eguippcd with Weber 5750 sents in the tourist class cabin. 

The /\ VT A Configuration aircrali will be equipped with Weber 5751 seats. These seats, however, will be 

equipped with movable aisle armrests, and <Jrc thcn:fore not addressed in this request. 
ZUCKERT SCOUTT & RASENBERGER, LL.P. 

Samuel Podheresky 

April 13,2012 

Page 3 

Although for Avianca the first row to bulkhead distance decreases by 2'' (to 20.9"), this 

space is still almost 2.8" greater than the space the Department approved for the TACA Carriers 

( 18.12"). Similarly, although the aisle width decreases slightly for the TACA Carriers by .5" to 

23 .6", the Department approved A vianca' s EAD with a smaller aisle width (23 .5"). Importantly, 

these approved Avianca aircraft are equipped with the same Weber 7070 business class seats as 

the A VTA Configuration aircraft. It is thus clear that a mobility-impaired passenger using an 

aisle wheelchair will have suiTicicnt space to transfer into, and out of these seats (without being 

lifted over the armrest) in a safe a dignified manner. The Department has also approved a 

number of EAD applications involving significantly narrower aisle dimensions than those at 

issue here.5 

lAC!\ \Viii take delivery of the first A VTA Configuration aircraft between July and 

September of this year. As such, it is essential that the Joint Applicants be able to perform the 

necessary planning to incorporate these aircra(t into its fleet and operations as soon as possible. 

On this basis, therefore, the TACA Carriers respectfully request expedited consideration of this 

6 request 

The Joint Applicants 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. Endcrsbee 

Counsel for Acrovias Del Continentc 

American S.A. 1\vianca, TACA 

International Airlines, S.A., Lineas Aereas 

Costarricenses S.A., and Trans American 

Airlines d/b/a TACA Peru 

~ $Q_c. c.~, Supplemental Request of Cathay l'acilic Airways Limited for an Equivalent Alternative Determination 

(September 5. 2008) at 2 (aisle widths of I ~.5'·. J 8.5. and 19". approved August 3, 2009); Application of Japan 

International Airlines Co., Ltd. for an Equivalent Allcrnative Determination (September 9, 2009), at Exhibit 2 

(aisle widths of2 I" and 20.4")(granted Uccemb.cr 23, 2009); Singapore Airlines Request for Part 382 Conflict 

\Vaiver and Equivalent Alternative Determination (September I 0, 2008) (Approved August 3, 2009), A380 

Exhibit (2o·· width). 

6 The details of the A VT A Configuration \I ere only recently settled upon. 
CONFIDENTIAL TREATMENT REQUESTED 

PURSUANT TO RlJLE 12 

Exhibit AVTA-l 
Exhibit A VTA-2 
S•atWirlth 

AVIANCA -- AVfA Tendency 

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29.8" 29.8" Remains the same 

Aisle widths 

l-----------'A;;:V.::.:l"-,_,NC::.:"-'--------- Tendency 

WEBER 3/C <7070l L.J::.BEf< 7(37e 

1 n[FE'f\S1 CU'JS'Int-;i SCCI ;oN 

23S' lncrease in AVTA OVf'r AVA 

1st row to bulkhead distance (from cushion edge) 

11.9" 20.9" Oecre-nses in AVTAover AVA 
Exhibit A VT A-3 
Seat Width 

TACA AVTA Tendency 

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29.8" 29.8" Remains the sa11e 

Aisle widths 

TAU, AVTA Tendency 

L·l'·.HI.i't 7;.170 

1 AG~C"Sl CU~STANT S[CI !0~ 

24.1" Decreases in AVTA over TA 

1st row to bulkhead distance (from cushion edge) 

Tendency 

20.9" Increases in AVTA over TA 

Row to row distance (rows 2 and 3 are the same) 

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10.2" Rernains tf1e sa11e