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.•• , i•Jr \.J I !r\ 1 U.S. Department ofTransportation GENERALCOUNSEL November 14, 2011 1200**Ne'1:-iei\S~'AV~'tf.ilf.l "SI{)t\1,~**  Washingtoh;-[;)C'-l!l!J0001· 'I \.;I ''" Office ofthe Secretary ofTransportation ''lf') i.d ll.



### CertifiedMail-ReturnReceiptRequested

Mr. JohnE. Gillick Mr. David M. Endersbee Counsel for Virgin America Inc. Zuckert, Scoutt& Rasenberger, L.L.P. 888 17thSt., N.W. Washington, D.C. 20036

DearMessrs. GillickandEndersbee: Re: Equivalent Alternative Determination Request Concerning 14 CFR 382.67 and 14CFR 382.123

This letter concerns Virgin America Inc.'s (VirginAmerica) November 2, 2010, request for
anequivalentalternative determination concerning the in-cabin priority stowage space for a passenger's folding, collapsible, or break-down manual wheelchair (manual folding wheelchair) contained in 14 CFR 382.67 and 382.123 of the Department's Air Carrier Access Act (ACAA) regulation. We are granting Virgin America's equivalent alternative determination request to use its designated wheelchair cargo stowage space to satisfy the above requirement to stow passengers' manual folding wheelchairs for a one-yeartrial basis subjectto certainconditions, as discussedbelow.

Section 382.67 requires carriers to ensure "that.there is a priority space in the cabin of sufficient size to stow at least one typical adult-sized folding, collapsible, or break-down manual passenger wheelchair." Section 382.123 sets forth further requirements concerning this prioritycabin stowage spacefor wheelchairs and otherassistive devices.

·In its equivalent alternative determination request, Virgin America states that its Airbus A319 and A320 aircraft are "ill-suited to the retrofit ofpriority space" and that the interior dimensions ofthese aircraft "make the provision ofpriority space unsuitable for both brand
new and renovated aircraft due to the limited availability of unused space, as well as the difficulty ofmodifying existing cabin components." Therefore, Virgin America proposes to utilize aportionofthe cargo hold ofits Airbus A319 and A320 aircraft as adesignated space for the stowage ofup to two passenger folding wheelchairs, in lieu ofhaving an exclusive stowage space in the cabin for one passenger's folding wheelchair. Virgin America states that this designated space would be completely separated from other items in the cargo holdby netting andthat each passenger's wheelchair wouldbe placed inaprotective stowagebag designed by Virgin America and secured to the floor using specially designed straps with built-in tie-down points. The bagged wheelchairs will be stowed horizontally which Virgin America asserts will better protect them from damage than a vertical stowage position. Furthermore, Virgin America states that the wheelchair "willbe removed from the hold on a priority basis as the first item(s) removed from the hold, and promptly delivered to the locationrequested."

Based on the information submitted by Virgin America, the Department is granting Virgin America's equivalentalternative determinationrequestfor sections 382.67 and 382.123 for a one-year trial basis so that it can utilize priority stowage space in the cargo compartment of its Airbus A319 and A320 aircraft to stow two manual folding wheelchairs in lieu ofhaving
an in-cabin stowage space for one passenger's manual folding wheelchair: under the following conditions:

1. Virgin America's equivalent alternative determination request is granted for a oneyear trial period. Ifduring that trial period or any point thereafter, DOT determines that Virgin America's proposal is not providing the same or greater accessibility to passengers with a disability as provided by sections 382.67 and 382.123, DOT
reserves the right to terminate this approval. If the approval is terminated, Virgin America would be expected to expeditiously retrofit any aircraft ordered after April 5, 1990, or delivered after April 5, 1992, without a priority space in the passenger cabin, to include such a priority space as is currently required by section 382.67, or utilizethe seat strappingmethOd; 1

2. This approval is limited to Virgin America's Airbus A319 and A320 aircraft in the· configuration described to the Department in Virgin America's November 2, 2010, request. Virgin America must obtain the Department's prior approval for any deviations from the method ofstowing a passenger's manual folding wheelchair set forth inVirginAmerica'srequest;

3. Virgin America's designated wheelchair cargo stowage space must be capable of stowing at least two manual folding wheelchairs and each wheelchairmust be placed in a protective stowage bag and secured horizontally to prevent unnecessary movementduring flight;

4. Virgin America must ensure that up to two passengers with a disability who use a manual folding wheelchair and take advantage of the opportunity to preboard the aircraft can stow their manual folding wheelchairs in Virgin America's designated wheelchair cargo stowage space with priority over all other items. For a passenger that does not take advantage of the opportunity to preboard the aircraft, Virgin

1JetBlueAirways Corporation. Order2010-6-20(June 21, 2010)

2America must make a reasonable effort to stow the passenger's manual folding wheelchair in its designatedwheelchaircargo stowage space;
5. Virgin America must ensure that no other items are stowed in its designated wheelchaircargo stowage space ifone ormore folding wheelchairs are being stowed in that space;
6. Virgin America must calculate the compensation owed to a passenger for a lost or destroyed wheelchair or a wheelchair damaged beyond repair in the designated wheelchaircargo stowage space as mandated in 14 CFR 382.131;

7. In addition to stowing at least two passengers' manual folding wheelchairs in its designated wheelchair cargo stowage space, to the extent permitted by government safety standards, Virgin America must also stow in the passenger cabin, passengers' manual folding wheelchairs in the overhead compartments or other stowage areas if passengers make suchrequests and the devices can physically be stowed in such space. If the wheelchair exceeds the space while fully assembled but will fit if wheels or other components can be removed without the use of tools, Virgin America mustremovethe applicable components and stow the wheelchair in the passengercabin;

8. VirginAmerica must ensure that a passenger's manual folding wheelchair stowed in the designated wheelchair cargo stowage space is the first item offthe aircraft after landing and is delivered to the passenger at the door ofthe aircraft as soon as the passenger deplanes the aircraft,

.unless the passenger requests to reclaim the wheelchair at VirginAmerica'sbaggageclaim area;
9. Virgin America must allow a passenger to remain in his orher personal wheelchair up to the door of the aircraft, unless the passenger agrees to relinquish his or her wheelchair at adifferent location;

10. Virgin America must use its best efforts to prevent weather conditions from negatively impacting on the condition of the wheelchair when it is returned to the passenger (e.g., placing acoveron awheelchairto prevent exposure to therainorthe hot sun);

11. Virgin America must use its best efforts to promptly provide a temporary replacement wheelchairofcomparablekind and quality at no charge to thepassenger ifapassenger's wheelchairis delayed, lost, damagedordestroyed while in Virgin America's custody subject to the limits of the Montreal Convention or other applicable international agreements. These efforts must be documented, and the documentation retained for three years and made available to the Department upon request;



### 312. Within 30 days afterreceipt ofthis approval, VirginAmerica must provide, orensure the provision of, specializedtraining to its employees and contractors, as well as the employees and contractors ofany otherentity, that will be involved with the stowing of a passenger's manual folding wheelchair in the designated wheelchair cargo stowage space. The specialized training mustensure training to proficiency in howto properly stow a passenger's manual folding wheelchair in the designated wheelchair cargo stowage space, pre-departure procedures to ensure the passenger's wheelchair is placed on the aircraft, post-landing procedures to ensure that the passenger's wheelchair is the first item removed from the aircraft, properprocedures to follow if
a wheelchair is lost, damaged, or destroyed, and the proper procedures to obtain a temporary replacementwheelchairfor apassenger; and

13. Virgin America must also, within 30 days after the end of each calendar quarter, provide this office with copies ofall complaints, if any, regarding the stowage ofa passenger's wheelchairin the designatedwheelchaircargo stowage space. The first report is due onJanuary 31, 2012, for complaints received from the approval date to December 31, 2011.

Ifyou have any questions about this matter, please contact Michael Hallock, ofmy staff, or Kim Graber at(202) 366-9342. You may also reachus byFAX at (202) 366-7152. Sincerely,

Samuel Podberesky AssistantGeneral Counselfor

AviationEnforcement andProceedings



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