U.S. Department ofTransportation
Office ofthe

## f~cretary ofTransportation

RichardD. Mathias GENERAL COUNSEL August 16JP 2012



### RegisteredMail-ReturnReceiptRequested

Counsel for Aerolineas Galapagos S.A. Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW Washington, DC 20006 1200 New JerseyAvenue, SE Washinn.to.n, oc. 20.59.Q 

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Re: Equivalent Alternative Determination Request Concerning 14 CFR 382.61

DearMr. Mathias:

This letter concerns the March 2, 2012, request ofAerolineas Galapagos S.A. (AeroGal) for

an equivalent alternative determination concerning the movable aisle armrest requirement contained in 14 CFR 382.61 ofthe Department's Air CarrierAccess Act (ACAA) regulation for the business class seats in its Airbus A320 aircraft. We are granting AeroGal's equivalent alternative request subject to the conditions discussedbelow.

Section 382.6l(a)**r~quires** carriers to ensure that "aircraft with 30 or more passenger seats1

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 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 ofservice in the cabin."2Furthermore, the Enforcement Office has interpreted movable aisle armrest as meaning an armrestonan aisle seatthat completelymoves orfolds outoftheway 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 personnel ifthe passenger's physical ability necessitates such assistance) fro111 an aisle wheelchair to his orheraircraft seat.

1 The Department's Office ofAviation Enforcement and Proceedings (Enforcement Office) has long held that the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity ofa given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement ofPart 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its designed seating capacity. For example, ifa manufacturer designs an aircraft type to hold a maximum of 110 passengerseats, theEnforcementOffice would treat the aircraft as an aircraft with apassenger seatingcapacity of II0 even ifa carrier stipulates that the aircraft is to bedelivered with 99seats ortakes delivery ofan aircraft with II0 seats and then removes II seats.

2 Forexample, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in coach. and 20 percent are in first class, then 80 percentofthe movable aisle armrests must be in coach, with 20 percent in first class.In its equivalent alternative determination request, AeroGal states that its parent company, Avianca Tf}.CJrt ijglding S.A, is also the parent company of Aerovias Del Continente Americano 

## S.A. Avianca ("AviancaY).

_AeroGal states that the business class seats in its Airbus A320 aircraft are configured**""id~ntically** to the business class seats in the Airbus A320 aircraftfor which

### Avianca was granted an equivalent altemative determination dated October 27, 2009. Aerogal notes that the seating manufacturer, seat**mqf~,(;:l,** seating and aisle dimension, and overall cabin configuration is identical to the seat and''cabin configuration information in Avianca's request that was presented to the Department in the Avianca equivalent alternative determination. Accordingly, AeroGal contends that its Airbus A320 business class seats provide an equivalent altemative to the moveable aisle armrest requirementofsection 382.61.

The Department has reviewed AeroGal's business class seat schematics for its Airbus A320 aircraft, which appear to be configured identically to Avianca's Airbus A320 business class seats. Before granting Avianca's October27, 2009, equivalent alternative determination, the Department reviewed Avianca's configuration diagrams, and videos, and attended a presentation at Miami International Airport which demonstrated both a catTier-assisted and self-assisted transfer of a person with a mobility impairment from an aisle or boarding wheelchair to Avianca's business class seats. Based on the video, diagrams, and demonstration, the Department granted Avianca's request. Similarly, after reviewing the information submitted by AeroGal, the Department is granting AeroGal's equivalent alternative determination request for section 382.61 for the business class seats in its Airbus A320 aircraft with the following conditions:

(1) This approval is limited to the business class seats in AeroGal's Airbus A320 aircraft with the configuration and dimensions provided in the CatTier's March 2, 2012, equivalent alternative determination request. AeroGal 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. IfAeroGal implements seat configuration and/or seat dimension changes without prior approval of the Department, itrisks being in violationofsection382.61;

(2) AeroGal 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 transfetTing persons with a mobility impairment to or from the business class seats in its Airbus A320 aircraft on or before February 28, 2013. The specialized training must ensure training to proficiency in how to properly transfer.a passengerto and from AeroGal's business class seats. Such training must also cover, at a minimum: (A) the properuse ofall items needed to transfer a passenger to and from the business class seats (e.g., transferboard and sling/harness); (B) the number ofpersons needed to perform the ttansfer; (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 ina safe and dignified manner: and(3) AeroGal must also: (A) provide, orensure the provision of, annual refreshertraining; (B) retain for three years individuals' training records demonstrating that all persons requ,ire#lHoreceive initial and refreshertraininghave done so; and (C) within 30 days after**~each** calendar quarter, f01: a period of three years, provide the Enforcement Office with copies of all complaints, if any, regarding passenger transfers to and from theirbusiness class seats in the covered aircraft.

If you have any questions about this matter, please contact Michael

# ~allock or Kimberly Graberofmy staff, orme, at (202) 366-9342.

Sincerely,

# -=cc.~· Samuel Podberesky Assistant General Counsel for

AviationEnforcementandProceedings

cc: David M. Endersbee

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