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Anita M. Mosner 

202.419.2604 

anita.mosner@hklaw.com

July 21, 2010 

Assistant General Counsel 

for Aviation Enforcement and Proceedings (C-70) 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Room W96-322 

Washington, DC 20590 

Re: Application of V Australia for Equivalent Alternative Determinations;

Docket OST-2008-0273

On behalf of V Australia, we respectfully request equivalent alternative determinations in 

connection with 14 C.F.R. § 382.61(c), which requires movable aisle armrests to be provided 

proportionately in all classes of service. The underlying requirement, set forth in 14 C.F.R. 

§ 382.61(a), is that half of the aisle seats in which passengers with mobility impairments are 

permitted to sit under FAA or applicable foreign government safety rules must have movable 

armrests.1

Background

V Australia is an international airline of the Virgin Blue Group of companies, based in Australia. 

V Australia commenced operations in February 2009. Relevant to this application, V Australia 

operates regular commercial services between the east coast of Australia (Brisbane, Sydney 

and Melbourne) and Los Angeles. 

The next Boeing 777-300 ER aircraft (the "aircraft") to join the V Australia fleet is scheduled for 

delivery in October/November 2010 with planned commencement into service on 1 December 

2010. 

Overview of the Application

This application for equivalent alternative determinations is made with respect to the Business 

and Premium Economy seats on the aircraft. V Australia requests the determinations for this 

aircraft and for any future aircraft with identical configurations. In summary, the grounds for the 

application are as follows: 

 

1

 V Australia's Economy Class seats comply with the requirement in § 382.61(a) to include movable 

armrests on at least one-half of the aisle seats in rows in which passengers with mobility impairments are 

permitted to set under FAA or applicable foreign government safety rules. 
V Australia 

July 21, 2010 

Page 2 

1. All of the Business Class seats on the aircraft convert to lie-flat beds. V Australia has 

implemented a procedure that enables a passenger to be transferred horizontally between a 

wheelchair and a Business Class seat without lifting the passenger over the aisle armrest. 

Shortly, we will supplement this application with a video demonstration of the transfer 

procedure for the Department's review. As you will see, this procedure provides 

substantially equivalent accessibility to the Business Class seats as movable armrests. On 

this basis, V Australia seeks an equivalent alternative determination for the above procedure 

in connection with the Business Class seats on this and future aircraft. 

2. In the Premium Economy cabin of the aircraft, eight of a total of twenty aisle seats have 

movable armrests, which is two short of the required ten seats. V Australia proposes to 

implement a policy that will permit up to two passengers in Premium Economy to be seated 

in Business Class seats, where they can be transferred horizontally between a wheelchair 

and a Business Class seat without lifting the passenger over the aisle armrest. This 

procedure provides substantially equivalent accessibility as movable armrests on two 

additional Premium Economy seats. On this basis, V Australia seeks an equivalent 

alternative determination for the above procedure in connection with the Premium Economy 

seats on this and future aircraft. 

Business Seats

The preamble to the final rule revising Part 382 says the following about the requirement to 

have movable aisle armrests: 

The Department agrees that, if in a given aircraft, seats and seat pitches are 

configured so as to permit a horizontal transfer of a passenger from a boarding 

wheelchair to the aircraft seat (i.e., a transfer that can be accomplished without 

lifting the passenger over the aisle armrest), it would not be necessary to have a 

movable aisle armrest at that location. Consequently, if a carrier can show, 

through an equivalent alternative request, that such transfers are feasible with a 

given cabin configuration, the Department would grant the request for the 

carrier’s aircraft using that configuration.2

V Australia’s Business Class seats on this aircraft convert into a lie-flat bed. When in that 

position, the seat base rises to the same level as the top of the armrest. Photographs of the 

relevant seat, the configuration and dimensions are set out in the Annex. 

V Australia has implemented a procedure that provides for the transfer of passengers to/from a 

wheelchair into each Business Class seat when the seat is in the reclined position and the 

footrest is tucked underneath. The process enables a horizontal transfer to occur without 

obstruction from the armrest. 

The transfer process can involve up to four cabin crew if necessary to ensure the safety and 

dignity of the passenger. Whether or not four crew are actually required depends on a number 

of things (e.g., the passenger's size and weight, and the extent to which the passenger can sit 

 

2 Nondiscrimination on the Basis of Disability in Air Travel, 73 Fed. Reg. 27614, 27625 (May 13, 2008) 
V Australia 

July 21, 2010 

Page 3 

upright unassisted and/or assist the transfer process). A slide board and slide sheet is used 

where the passenger has no or limited ability to assist in the transfer process. All crew who 

would be involved in this procedure have been trained on the use of this equipment and 

appropriate assistance procedures that safeguard the safety and dignity of passengers. 

We will provide a video demonstrating the transfer process. Four crew members perform the 

transfer process on the video. As outlined above, however, not all four crew will necessarily be 

required in each case. 

V Australia seeks a determination that the procedure described above for its Business Class 

seats is an equivalent alternative to the requirement set forth in § 382.61(c). 

Premium Economy Seats

In the Premium Economy cabin of the aircraft, eight of a total of twenty aisle seats have 

movable armrests. Photographs of the relevant seat and the configuration are set out in the 

Annex. 

V Australia proposes to implement a policy (to coincide with entry into service of the aircraft) 

that provides for up to two passengers (and their personal care attendants and safety 

assistants) who have booked seats in the Premium Economy cabin to be seated instead in the 

Business Class cabin in the following circumstances: 

• There are already eight passengers with disabilities on the flight booked in Premium 

Economy who request seating with movable armrests (i.e., all seats in Premium 

Economy with movable armrests have been assigned to passengers with disabilities 

who require seats with movable aisle armrests); 

• Up to two additional passengers with disabilities who use an aisle chair to access the 

aircraft and who cannot readily transfer over a fixed aisle armrest request seats with 

movable armrests; and 

• The aircraft is operating a flight that begins or ends at a U.S. airport. 

As a result of this policy, up to two passengers originally booked in Premium Economy will take 

seats in Business Class instead (at no additional charge), where the procedure described above 

relating to the Business Class seats will provide substantially equivalent accessibility as seats 

with movable armrests. In addition, the policy ensures that any personal care attendants and 

safety assistants traveling with a passenger with a disability will be seated with the passenger in 

the Business Class cabin (at no additional charge). 

V Australia seeks a determination that this policy in connection with its Premium Economy seats 

is an equivalent alternative to the requirement set forth in § 382.61(c). 

Request for Expedited Relief

This aircraft is slated to be delivered to V Australia in October/November 2010 with planned 

commencement into service on 1 December 2010. We therefore request expedited treatment of 

this application. 
V Australia 

July 21, 2010 

Page 4 

Please feel free to contact me if you have any questions. Thank you for your prompt 

consideration of this application. 

Sincerely, 

/s/ Anita M. Mosner 

Anita M. Mosner 

Attorneys for V Australia 
V Australia 

July 21, 2010 

Page 5 

Annex 

Boeing 777-300 ER Configuration 

Business Class 

33 

seats

Premium 

Economy Class 

40 

seats

Economy Class 

288 

seats
V Australia 

July 21, 2010 

Page 6 

Business Class Seats 

The Business Class seats have sufficient space in front of the seat to adequately allow transfer 

of a guest from a wheelchair to the Business Class seat. (Refer also to the Transfer Guest 

Video for demonstration.) 

Business Class Seat in Upright Position 

Business Class Seat in Reclined Position 
V Australia 

July 21, 2010 

Page 7 

Business Class Seat Specifications 

Business Class Seat 

Aircraft Boeing 777-300 ER 

Seat Configuration 2-3-2 

No. of seats 33 

Seat Pitch 77 inch 

Seat Width 20 inch 

Bed Width 23 inch 

Bed Length 77 inch 

Personal TV Screen 12.1 inch 

Seat model Sicma AeroSeat, Majesty 1608 series 
V Australia 

July 21, 2010 

Page 8 

Premium Economy Class Seats 
V Australia 

July 21, 2010 

Page 9 

Aisle seats with movable armrests are indicated by the red circles in the diagram below. 

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