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U.S. Department 

of Transportation 

GENERAL COUNSEL 

November 14, 2011 

1200 Ne'1:-iei\S~'AV~'tf.ilf.l "SI{)t\1,~ Washingtoh;-[;)C'-l!l!J0001· 'I \.;I ''" 

Office of the Secretary 

of Transportation ''lf') 

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Certified Mail-Return Receipt Requested 

Mr. John E. Gillick 

Mr. David M. Endersbee 

Counsel for Virgin America Inc. 

Zuckert, Scoutt & Rasenberger, L.L.P. 

888 17th St., N.W. 

Washington, D.C. 20036 

Dear Messrs. Gillick and Endersbee: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.67 

and 14 CFR 382.123 

This letter concerns Virgin America Inc.'s (Virgin America) November 2, 2010, request for 

an equivalent alternative 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-year trial basis 

subject to certain conditions, as discussed below. 

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 priority cabin stowage space for wheelchairs and other assistive devices. 

·In its equivalent alternative determination request, Virgin America states that its Airbus 

A319 and A320 aircraft are "ill-suited to the retrofit of priority space" and that the interior 

dimensions of these aircraft "make the provision of priority space unsuitable for both brand 

new and renovated aircraft due to the limited availability of unused space, as well as the 

difficulty of modifying existing cabin components." Therefore, Virgin America proposes to 

utilize a portion of the cargo hold of its Airbus A319 and A320 aircraft as a designated space 

for the stowage of up to two passenger folding wheelchairs, in lieu of having 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 hold 
by netting and that each passenger's wheelchair would be placed in a protective stowage bag 

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 "will be removed from the hold on a 

priority basis as the first item(s) removed from the hold, and promptly delivered to the 

location requested." 

Based on the information submitted by Virgin America, the Department is granting Virgin 

America's equivalent alternative determination request for 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 of having 

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. If during 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 

utilize the seat strapping methOd; 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 of stowing a passenger's manual folding wheelchair set 

forth in Virgin America's request; 

3. Virgin America's designated wheelchair cargo stowage space must be capable of 

stowing at least two manual folding wheelchairs and each wheelchair must be placed 

in a protective stowage bag and secured horizontally to prevent unnecessary 

movement during 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 

1 JetBlue Airways Corporation. Order 2010-6-20 (June 21, 2010) 

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America must make a reasonable effort to stow the passenger's manual folding 

wheelchair in its designated wheelchair cargo stowage space; 

5. Virgin America must ensure that no other items are stowed in its designated 

wheelchair cargo stowage space if one or more 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 

wheelchair cargo 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 such requests 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 must remove the applicable components and stow the wheelchair in the 

passenger cabin; 

8. Virgin America must ensure that a passenger's manual folding wheelchair stowed in 

the designated wheelchair cargo stowage space is the first item off the aircraft after 

landing and is delivered to the passenger at the door of the aircraft as soon as the 

passenger deplanes the aircraft, . unless the passenger requests to reclaim the 

wheelchair at Virgin America's baggage claim area; 

9. Virgin America must allow a passenger to remain in his or her personal wheelchair 

up to the door of the aircraft, unless the passenger agrees to relinquish his or her 

wheelchair at a different 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 a cover on a wheelchair to prevent exposure to the rain or the 

hot sun); 

11. Virgin America must use its best efforts to promptly provide a temporary 

replacement wheelchair of comparable kind and quality at no charge to the passenger 

if a passenger's wheelchair is delayed, lost, damaged or destroyed 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; 

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12. Within 30 days after receipt of this approval, Virgin America must provide, or ensure 

the provision of, specialized training to its employees and contractors, as well as the 

employees and contractors of any other entity, that will be involved with the stowing 

of a passenger's manual folding wheelchair in the designated wheelchair cargo 

stowage space. The specialized training must ensure training to proficiency in how to 

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, proper procedures to follow if 

a wheelchair is lost, damaged, or destroyed, and the proper procedures to obtain a 

temporary replacement wheelchair for a passenger; and 

13. Virgin America must also, within 30 days after the end of each calendar quarter, 

provide this office with copies of all complaints, if any, regarding the stowage of a 

passenger's wheelchair in the designated wheelchair cargo stowage space. The first 

report is due on January 31, 2012, for complaints received from the approval date to 

December 31, 2011. 

If you have any questions about this matter, please contact Michael Hallock, of my staff, or 

Kim Graber at (202) 366-9342. You may also reach us by FAX at (202) 366-7152. 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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