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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 plann ed commencement into service on 1 December

2010.

Overview of the Application

This application for equivalent alternative determi nations 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 t he requirement in § 382.61(a) to include movable

armrests on at least one-half of t he aisle seats in rows in which pa ssengers 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 transfe r 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 additi onal 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 AustraliaV Australia July 21, 2010 Page 5



### Annex

Boeing 777-300 ER Configuration

Business Class 

# 33

seats

Premium Economy Class 

# 40

seats

Economy Class 

# 288

seatsV 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 Cla ss seat. (Refer also to the Transfer Guest Video for demonstration.)

Business Class Seat in Upright Position

Business Class Seat in Reclined PositionV 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 seriesV Australia July 21, 2010 Page 8



## Premium Economy Class SeatsV Australia July 21, 2010 Page 9

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

# 9646039_v1