'I

U.S, Department

of Transportation

Office of the Secretary

of Transportation

1200 New Jersey Avenue, SE

Washington, DC 20590

GENERAL COUNSEL

June 17, 2013

Certified Mail-Return Receipt Requested

.-

Anita M, Mesner

Counsel for Virgin Atlantic Airways. Ltd.

Holland & Knight LLP

800 17th _ t NW Ste 1100

Washington. DC 20006

Rc: Equivalent Alternative Detcrminati .n

Request Concerning 14 CFR 382.61

Dear Ms. Mo ner:

This letter concerns the March 13. 2012. request or Virgin Atlantic Airways. Lrd .. (Virgin

Atlantic) tor an equivalent alternative determination concerning the movable aisle armrest

requirement contained in 14 CFR 382.61 of the Dcparrrnerus Air Carrier Access Act

(f\CAA) regulation as it applies to the premium economy class scats in its Airbus A330-300

(G-VSXYand G-VKSS) aircraft. On November 14. ~Oll. the Department granted a request

by Virgin Atlantic for an equivalent alternative determination concerning the 11100'able aisle

armrest requirement for the premium economy class seats on the Airbus 1\330-300 aircraft

described in its January 13,2011. application. We are modifying that equivalent alternative

approval to cover any Airbus 1\330-300 aircraft with premium economy class seating

configurations and dimensions as described either in Virgin Atlantic's January J 3. ~O J I. or

in its March 13.20 I~. application,

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

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

lea lone-half of the aisle scats in rows in which passengers with mobility impairments are

permitted to sit under FAA or appl icable foreign government safety rules."I Section

382.61 (e) notes that movable ai sle armrests must be "provided proportionately in all classes

I The Deparunents Office of Aviation Enforcement and Proceedings (Enforcement Office) has long held that

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

given aircraft type, Therefore. U carrier Illa~ not avoid compliance with the aircraft accessibility requirement or

Part '82 b:- reducing the number of .cats on an aircraft or ordering an aircraft \\ ith fewer seats than its

designed seating capacity. For example, if a manufacturer designs an aircraft. t: pc to hold a maximum of I 10

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

or 110 even ila carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery ofun aircraft

with I 10 seats and then removes I I seats.
2

of service in the cabin.··~ Furthermore. the Enforcement Office has interpreted movable aisle

armrest as meaning an armrest on an aisle seat that completely moves or folds out or 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 passengers physical ability necessitates such assistance) between an aisle wheelchair

and his or her aircraft seat.

In its March 13, 2012. equivalent alternative determination request. Virgin Atlantic asserts

that seats 18C and 18H in its Airbus A330-300 (G-VSXY and G-VKSS) aircraft have

sufficient space to easily transfer persons with mobility impairments to and from those seats

without having to tin them over the fixed aisle armrests. Accordingly. Virgin Atlantic

contends that these seats provide an equivalent alternative to the movable aisle armrest

requirement of section 382.61,

The Department has reviewed Virgin Atlantic's description of its premium economy class

seats and the aircraft configuration diagram for its -virbus A3~O-300 (G- VSXY and GVKSS) aircraft The Department has also reviewed Virgin Atlantic's videos. which

demonstrate a carrier-assisted transfer of a person with a mobility impairment from a

boarding wheelchair to seats 18C and 18H on these aircraft. These videos demonstrate that

such passengers do not have to be lifted over the aisle armrests. Based on the information

provided for the premium economy class seats in these aircraft. the Department is modi tying

its November 14. 20 I I. equivalent alternative approval for section 382.61 to cover any

Airbus A330-300 aircraft with premium economy class seating configurations and

dimensions as described either in Virgin Atlantic's January 13,2011, and or in its March 13.

2012. applications with the following conditions:

(I) This approval is limited to the premium economy class seats in Virgin Atlantic" s

Airbus A330-300 aircraft with the configurations and dimensions described either in

its January 13.201 L or in its March 13.2012. equivalent alternative determination

requests, Virgin Atlantic must obtain the Department's prior approval tor any seatconfiguration changes and/or seat-dimension changes to be made on these aircraft. If

Virgin Atlantic implements seat-configuration and/or seat-dimension changes to

these aircraft without prior approval of the Department. it risks being in violation of

section 382,61:

(2) Virgin Atlantic must provide. or ensure the provision of specialized traimng to its

employees and contractors. as well as the employees and contractors or any other

entity that will be transferring persons with mobility impairments to or from the

designated premium economy class seats in the covered aircraft. The specialized

training must ensure training to proficiency in how to properly transfer a passenger

to and from these premium economy class seats. Such training must also cover. at a

minimum (A) the proper use of all iteins needed to transfer a passenger to and from

these premium economy class seats (e.g., transfer board and sling/harness): (8) the

2 for example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in

couch unci 20 percent are in first class. then at least 80 percent or the aisle scats ill coach must have movable

aisle armrests, and at least 20 percent of the aisle seats ill first class must have movable aisle armrests,'
number of persons needed to perform the transfer: (C) how to operate properly these

premium economy class seats (e.g .. location ancl use of control buttons): and (D)

how to transfer a passenger to and from these premium economy class seats in a safe

and dignified manner: and

(3) Virgin Atlantic must (A) provide. or ensure the proVISIOn of. annual refresher

training: (8) retain for three years individuals' training records demonstrating that all

persons required to receive initial and refresher training have clone so: and (C) within

30 days after each calendar quarter. for a period of three years from the date of this

letter. provide the Enforcement Office with copies of all complaints. or certification

that there were no complaints. regarding passenger transfers to and from the

designated premium economy class scats in the covered aircraft.

If you have any questions about this matter. please contact R. Jason Miller or Kathleen

Blank Ri.:ther ofmv staff. at (202) 366-9342.

Sincerely.

Livaug Chapman, Jr.

Chief Aviation Civil Rights Compliance Branch