U.S. Department ofTransportation Office ofthe Secretary ofTransportation GENERALCOUNSEL December 6, 2010 1200 NewJerseyAvenue, SE Washington, DC 20590

RegisteredMail-ReturnReceiptRequested

Mr. ZelekeFentahun EthiopianAirlines, Headquarters Bole InternationalAirport Addis Ababa, Ethiopia

DearMr. 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 determinationrequestforthe reasons set forth below.

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

onwhich passenger aisle seats have armrests are equippedwith 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 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 wheelchairto his orheraircraft seat.

J The Department's Office ofAviation Enforcement and Proceedings ("Enforcement Office") has long held that the passenger seatingcapacityofan aircraft is the manufacturer's maximum designed seatingcapacityofa 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. Forexample, ifa manufacturer designs an aircraft type to hold a maximum of 110 passengerseats, the Enforcement Office would treat the aircraftas an aircraft with a passengerseatingcapacity of 110even ifa carrierstipulates that the aircraft is to be delivered with 99 seats ortakes delivery ofan aircraft with 110 seats and then removes II seats.

2 For example, if 80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach.and20percent are in first class, then 80 percent ofthe movable aisle armrests must be in coach, with 20 percentin 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 otherobstacle.



### In its equivalent alterative determination request, Ethiopian Airlines provided the Department with seat dimensions and transfer demonstration videos of the business class seats onits Boeing 777-200LR aircraft. Based onthe information provided, specificallythe videos that show an individual being lifted overafixed armrest to access EthiopianAirlines' 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 ofits 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 mayalso reach us byFAX at (202) 366-7152. Sincerely,

SamuelPodberesky AssistantGeneral Counselfor

AviationEnforcement and Proceedings

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