U.S. Department • _ GENERAL COUNSEL 1200 New Jersey Avenue. SE 

of Transportation Washington, DC 20590 

June 16, 2011 

Office of the Secretory 

of Transportation !^ ': 

Certified Mail-Return Receipt Requested 

Jessica Tung 

15F, 376, Hsin-nan Rd. Section 1, Lu Chu ^^ S 

Taoyuan Hsieh, Taiwan, R.O.C. 0 ro 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR"582.61 

Dear Ms. Tung: 

This letter concerns the April 28. 2010, request of EVA Airways (EVA), for an equivalent 

alternative determination concerning the movable aisle armrest requirement contained in 

section 382.61 of the Department's Air Carrier Access Act (ACAA) regulation, 14 CFR 

382.61, for the business and premium economy class seats in its Boeing B777-300ER 

aircraft. We are granting this request subject to the conditions discussed below. 

Section 382.6Ua) requires carriers to ensure that "aircraft with 30 or more passenger seats' 

on which passenger aisle seats have ammrests are equipped with movable aisle armrests on at 

least one-half of the 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."" 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 wiih a 

mobility impairment to safely make an unobstructed transfer (with assistance from carrier 

personnel if ihe passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

' The DepanmeriV s Office ol' Avial'ton Enforcement and Proceedings tEnforcement Office) has long held that 

ihe passenger seating capacity of an aircraft is (he manufacturer's ma;(imum designed seating capacity of a 

given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

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

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

wiih 110 seats and then removes 11 seats. 

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

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in first class. 
In its equivalent alternative determination request, EVA states that the business and 

premium economy class seats in its Boeing B777-300ER aircraft do not have movable aisle 

armrests as required by section 382.61. However, EVA asserts that the seat pitch and 

amount of entrance space for its business and premium economy class seats provide 

passengers with a mobility impairment sufficient space to easily transfer to and from those 

seats without having to be lifted over the fixed aisle armrest. 

Based on the information submitted by EVA for the business and premium economy class 

.seats in its Boeing B777-300ER aircraft, the Department is granting EVA's equivalent 

altemative determination request for section 382.61 with the following conditions: 

(1) This approval is limited to the business and premium economy class .seats in EVA's 

Boeing B777-300ER aircraft with the configuration and dimensions provided in its 

April 28, 2010 equivalent altemative determination request. EVA must obtain the 

Department's prior approval for any seat configuration changes and/or seal 

dimension changes to be made on any aircraft that is subject to this approval. If EVA' 

implements seat configuration and/or seat dimension changes without prior approval 

of the Department, they risk being in violation of section 382.61; 

(2) EVA must provide, or ensure the provision of, specialized training to its employees 

and contractors, as well as the employees and contractors of any other entity that will 

be transferring persons with a mobility impairment to or from the business and 

premium economy class seats in its Boeing B777-30GER aircraft, within 30 days of 

the date of this letter. After 30 days from the date of this letter, any employee or 

contractor assigned to transfer persons with a mobility impairment to or from the 

business aiid premium economy class seats on EVA's Boeing•B777-300ER aircraft 

must receive the specialized training before peribrming such transfers. The 

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

passenger to and from EVA's business and premium economy class seals. Such 

training miist also cover, at a minimum: (A) the proper use of all items needed to 

transfer a passenger to and from the business and premium economy class seats (e.g., 

transfer board and sling/hamess); (B) the number of persons needed to perform the 

transfer; (C) how to properly operate the business and premium economy class seats 

(e.g., location and use of control buttons); and (D) how to transfer a passenger to and 

from the business and premium economy class seats in a safe and dignified manner 

(e.g., contractor performing the transfer should ask the passenger how he or she 

would like to be transferred and, if it is safe to do so, transfer the passenger as 

requested); and 
(3) EVA must also: (A) provide, or ensure the provision of, annual refresher training for 

employees and contractors who will be assisting passengers with mobility 

impairments with transfers to and from the business and premium economy class 

seats in its Boeing B777-300ER aircraft; (B) retain for three years individuals' 

training records demonstrating that all persons required to receive initial and 

reft"esher training have done so; and (C) within 30 days after each calendar quarter, 

for a period of three years, provide the Enforcement Office with copies of all 

complaints, if any. regarding passenger transfers to and from its business and 

premium economy class seats in the covered aircraft. 

If you have any questions about this matter, please contact Michael Hallock or James Fisher 

of my staff, or me, at (202) 366-9342. You may also reach us by FAX at (202) 366-7152. 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings