U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

December 6, 2010 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Registered Mail-Return Receipt Requested 

Mr. Zeleke Fentahun 

Ethiopian Airlines, Headquarters 

Bole International Airport 

Addis Ababa, Ethiopia 

Dear Mr. Fentahun: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

This letter concerns Ethiopian Airlines' August 30, 2010, request for an equivalent 

alternative determination concerning the movable aisle armrest requirement contained in 

14 CFR 382.61 of the Department's Air Carrier Access Act (ACAA) regulation for the 

business class seats in its Boeing 777-200LR aircraft. We are denying this equivalent 

alternative determination request for the reasons set forth below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats 1 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the 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 

of service in the cabin.,,2 Furthermore, the Enforcement Office has interpreted "movable 

aisle armrest" as meaning an armrest on an aisle seat that completely moves or folds out of 

the way 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 if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

J The Department's Office of Aviation Enforcement and Proceedings ("Enforcement Office") has long held 

that the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity of a 

given aircraft type. Therefore. a carrier may not avoid compliance with the aircraft accessibility requirement 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

with 110 seats and then removes II seats. 

2 For example, 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 percent of the movable aisle armrests must be in coach, with 20 

percent in first class. 
Pursuant to 14 CFR 382.10, can·iers may seek an equivalent alternative determination from 

the Department. Under that rule we may approve an alternative policy, practice, or other 

accommodation the carrier is proposing to use in place of compliance with a provision of 

Part 382. To be granted an equivalent alternative determination from the movable aisle 

armrest requirement of section 382.61, a carrier must show that its aircraft seats allow 

persons with mobility impairments using an aisle or boarding wheelchair to make a safe 

horizontal transfer into or out of the aircraft seats without being lifted over an armrest or 

other obstacle. 

In its equivalent alterative determination request, Ethiopian Airlines provided the 

Department with seat dimensions and transfer demonstration videos of the business class 

seats on its Boeing 777-200LR aircraft. Based on the information provided, specifically the 

videos that show an individual being lifted over a fixed armrest to access Ethiopian Airlines' 

business class seats, we are unable to grant Ethiopian Airlines' equivalent alternative 

determination request at this time. We will reconsider Ethiopian Airlines' request if 

additional information is provided to the Department that demonstrates persons with 

mobility impairments using an aisle or boarding wheelchair can make a safe horizontal 

transfer into or out of its business class seats without being lifted over an armrest or other 

obstacle. 

If you have any questions about this matter, please contact James Fisher, of my staff, 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 

2