U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

March 11, 2013 

1200 New Jersey Avenue, SE 

Wash1ngton, DC 20590 

Certified !\Jail-Return Receipt Req uested 

I klen \~ arn~:r 

Senior Corporate Counsel. 1 •• \ . 

1./\. \irlines 

6500 '\J\\ ' 2211

" Street 

Miami. Florida }3122 

Dc.:ar l\1 s. Warner: 

Re: Con fl ict or La" Wai\ er Request 

Concerni ng 14 CFR 382.29 

!'his letter cnm:crns l. i\ ,\irlincs S . .'s tllb a L/\ Airlines (1.!\ .) request of 

September I 0. 2008. for a con 11 ict or lm\ '' ai' cr com:erni ng the Department· s rcgulat ion 

regarding sakt:- assistants in 1-+ Cl:R 382.29 or the Department's ir Carri er Access Act 

(t\C't\1\) regulation. I he Department is continuing to consider LA ··s request !'or n 

eon ll ict or Ia'' ' ' ai,er concerning ,·mious other pro\'isions or 14 CTR Part ]~C (Part 

1X2). 

1./\~ asserts that a eon llict or 1<1" c\:ists bcl\\ccn the dc linition or .. sakty assistant. 

'' hi ch is pn)\ idcd b~ the lkpartment in the Section-b) -Section Ana l) sis discussion or 

section 382.29 (73 Fed. R.cg. at 276-+9-27650) and the delini tion or assistant ror a special 

needs. ill or disabled passenger in Chile's C'i\ il ;\\ iation \u horit ~ ·.., Dircccion <..icncral 

de /\eronauticn ('j, il Chile (1)(;/\('). DA · 382 .5. In the preamble to Part ""82 . afet~ 

assistant is de lined as .. someone '' ho '"·ould assist the pa ·sengcr to exit the aircra li in 

c:Jse o r an cm~:rgcnc: e\ acuation or to establish communi cation \\·ith carrier personnel ror 

purposes or th~: required salCt) bricling... DAN 382.5 delines an assistant !'or a special 

needs. ill or disabled passenger as a .. passenger or eighteen ) ea rs ol' age or older. who is 

autonomous. '' ithout ~ impediment (or handicap). and accompanies another passenger 

'' ith a di sabil it~. illness or \\ ith special need. during boarding. the llight. or while 

disembarking.·· 
L asserts a conflict between the Chilean definition and the definition fo und in the 

preamble to Pan 382. arguing that compliance with section 382.29 ''ill prohi bit the 

carri er from complying with the Chilean regulation. The Department ti nds the carri er·s 

argument in this instance unper uasivc. A an initial matter. the Department notes that a 

conflict of laws cannot exi t between the language in the preamble regarding section 

382.29 and D 382.5 as a matter of law. as the definition of afety as i tant contained 

in the preamble to Part 382 is merely interpreti ve. and not within the actual regul atory 

text of section 382.29. 

Furthermore. even if the interpreti\'e definiti on or safety assistant found in the preamble 

to Part 382. whi ch is intended only a guidance. had the force of a binding regulation. 

there ' ould still be no connict with the Chilean regul ation. In both the ection on 

Contlict of La·w Waivers and Equivalent Alternati e Determinations (73 Fed. Reg. at 

27616) and in the Section-by- ection Analy is discussion of section 382.9 (73 Fed. Reg. 

at 276-+6-2764 7). which are found in the preamble to Part 382. \Ye state that a foreign lav; 

that requires a foreign carrier to do omething prohibited by this rule. or that prohibits a 

foreign carrier from doing something required by this rule. is an appropriate ubject fo r a 

conllict of law waiver. The definition provided in the Chilean regulation. while more 

pecitic a to who may serve as a safety as istant. does not prohi bit LA from ensuring 

that safety assi tants can assist passengers with exiting an aircraft in ca e of an 

emergency or from establishing communication with carrier personnel for purposes of 

required safety briefings. LA can comply with both provision at the ame time. a long 

as the assi tant is 18 years or older and does not have a di ability. Therefo re. having 

found no connict of law. the Department must deny LA ·s connie! of law wa iver request 

tor ection 382.29. 

I r you have any question about thi matter. plea e contact Maegan Johnson or Kathleen 

Blank- Riether. of my starr. at (202) 366-9283. 

incerely. 

, muel Podberesky 

Assistant General Counsel tor 

Aviation Enforcement and Proceedings