U.S. Department of Transportation Office of the Secretary ofTransportation GENERAlCOUNSEl June 27, 2014 1200 New Jersey Avenue, SE Washington, DC 20590

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Via Email
- Read Receipt Requested

David M. Endersbee Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, N.W. Washington, D.C. 20006

DearMr. Endersbee: Re:**·····~··5**

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...) JointApplicants -EquivalentAlternative Determination Indefinite Extension Request: 14 CFR 382.67

On March 5, 2013, the Department approved ajoint request by TACA International Airlines, S.A. ("TACA"), Trans American Airlines, S.A. d/b/a TACA Peru ("TACA Peru"), Lineas Aereas Costarricenses S.A.C'LACSA"), and Aerolineas Galapagos S.A. ("AeroGal") (collectively, the "Joint Applicants"), for an equivalent alternative determination (EAD) concerning the in-cabin priority stowage space for a passenger's manual folding wheelchair contained in 14 CFR 382.67 and 382.123 of the Department's Air Carrier Access Act (ACAA) regulation. The Department granted the EAD for the Joint Applicants' Airbus A319,A320, andA321 aircrafton a one-yeartrialbasis, subjectto certain conditions.
InParagraph 13 ofourapproval letter, wedirectedtheJointApplicants toprovide this office "'with copies ofall complaints, or a certification that there were no complaints,'' regarding the stowage of a passenger's wheelchair in the designated wheelchair cargo storage space every year. We further statedthat the Joint Applicants' first report was due on January 28, 2014, for complaints received during calendar year 2013. The Joint Applicants filed their first report on February 11,2014,with an explanationforthe delay.
In an email dated February 24, 2014, the Joint Applicants asked the Department to indefinitely extend their EAD approval. 1 The Joint Applicants stated that the original application was based on procedures that the Department has not only approved, but has indefinitely extended, for Avianca. The Joint Applicants also explained that Avianca and the Joint Applicants (except AeroGal) recently received authorization to engage in a common code and branding arrangement, which will require common operational procedures, training procedures, and equipment. The Joint Applicants contend that "a situation in which only Avianca holds an effective EAD for these procedures would be highly disruptive andwouldpresentenormous operational difficulties."

1 The Department informed the Joint Applicants that they could continue using their alternative procedure while the Departmentconsidered the extension request.-2-



### Bythis letter, the Departmentgrants the JointApplicants' February 24, 2014, request for an indefiniteextension oftheirEAD approval, withthefollowing conditions: 1) This approval is limitedtothe JointApplicants' Airbus A319, A320, and A321 aircraftin the configurations described to the Department in the Joint Applicants' April 13, 2012, request. The Joint Applicants must obtain the Department's prior approval for any deviations from the method ofstowing apassenger's manual folding wheelchair setforth inthe Joint Applicants' requests; 2) If during the period of indefinite extension or any point thereafter, the Department determines that the Joint Applicants' proposal is not providing the same or greater accessibility to passengers with a disability as provided by sections 382.67 and 382.123, the Department reserves the right to terminate this approval. If the approval is terminated, the Joint Applicants would be expected to expeditiously retrofit any aircraft ordered after May 13, 2009, or delivered after May 13, 2010, without a priority space in the passenger cabin, to include such a priority space as is currently required by section 382.67; 3) The Joint Applicants' designated wheelchair cargo stowage space must be capable of stowing atleasttwo manual folding wheelchairs and each wheelchair must beplaced in a protective stowage bag and secured horizontally to prevent unnecessary movement during flight; 4) The Joint Applicants must ensure that up to two passengers with a disability who use a manual folding wheelchair and take advantage ofthe opportunityto preboardthe aircraft can stowtheirmanual folding wheelchairs in the Joint Applicants' designated wheelchair cargo stowage space with priority over all otheritems. For apassengerthatdoes nottake advantage ofthe opportunity to preboard the aircraft, the Joint Applicants must make a reasonable effort to stow the passenger's manual folding wheelchair in the designated wheelchaircargo stowage space; 5) The Joint Applicants must ensure that no other items are stowed in their designated wheelchair cargo stowage space ifone or more folding wheelchairs are being stowed in that space; 6) The Joint Applicants must not limit their liability for a lost, damaged, or destroyed wheelchair stowed in the designated wheelchair cargo stowage space to the liability limit provided in the Montreal Convention, or any other applicable treaty or law. The Joint Applicants must calculate the compensation owed to a passenger for a lost, damaged, or destroyed wheelchair stowed in the designated wheelchair cargo stowage space, as the original purchaseprice ofthe device; 7) In addition to stowing at least two passengers' manual folding wheelchairs in the designated wheelchair cargo stowage space, to the extentpermittedby government safety standards, the JointApplicants must also stow in the passengercabin,passengers' manual- 3

- folding wheelchairs in the overhead compartments or other stowage areas ifpassengers make such requests and the devices can physically be stowed in such space. If the wheelchair exceeds the space while fully assembled but will fit if wheels or other components can be removed without the use oftools, the Joint Applicants must remove the applicable components and stowthe wheelchairinthepassengercabin; 8) TheJointApplicants mustensurethat apassenger;s manual folding wheelchair stowed in the designated wheelchair cargo stowage space is the first item off the aircraft after landing and is delivered to the passenger at the door of the aircraft as soon as the passengerdeplanes the aircraft, unless the passengerrequests to reclaimthe wheelchair at theJoint Applicants' baggage claim area; 9) The Joint Applicants must allow a passenger to remain in his orher personal wheelchair up to the door of the aircraft, unless the passenger agrees to relinquish his or her wheelchairata differentlocation;
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0)The Joint Applicants must use their best efforts to prevent weather conditions from negatively impacting on the condition of the wheelchair when it is returned to the passenger (e.g., placing a cover on a wheelchair to prevent exposure to the rain orthe hot sun); 11)The Joint Applicants must use their best efforts to promptly provide a temporary replacement wheelchair ofcomparable kind and quality atno charge to the passenger ifa passenger's wheelchair is delayed, lost, damaged, or destroyed while in the Joint Applicants' custody. The Joint Applicants must not limit their liability for providing a temporary replacement wheelchair to the liability limit provided in the Montreal Convention, or any other applicable treaty or law. These efforts must be documented, and the documentation retained for three years and made available to the Department uponrequest; 12)The Joint Applicants must provide, or ensure the provision of, specialized training to their employees and contractors, as well as the employees and contractors ofany other entity that will be involved with the stowing ofa passenger's manual folding wheelchair in the designated wheelchair cargo stowage space. The specialized training must ensure training to proficiency in how to properly stow a passenger's manual folding wheelchair inthe designated wheelchair cargo stowage space, pre-departure procedures to ensurethe passenger's wheelchair is placed on the aircraft,**post~landing** procedures to ensure that the passenger's wheelchair is the first item removed from the aircraft, properprocedures to follow ifa wheelchair is lost, damaged, or destroyed, and the proper procedures to obtain atemporary replacement wheelchairfor apassenger. 13)The Joint Applicants must provide to the Department an annual report, within the time frame set forth in 14 CFR 382.157(d), containing: (a) a copy ofeach complaint filed with the Joint Applicants regarding the stowage ofa passenger's wheelchair in the designated wheelchair cargo storage space, or (b) a certification that no such complaints hadbeenfiled inthecalendaryear.-4-

lf you have any questions about this matter, please contact Robert Gorman, Kathleen Blank Riether, orMaeganJohnson, ofmy staff, at (202) 366-9342. Sincerely,

Livauglin Chapman, r. Chief, AviationCivil Rights Compliance Branch