Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC tel fax

Transcription

1 Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC tel fax Charles F. Donley II tel fax October 28, 2015 VI EMIL and ELECRONIC SUBMISSION Blane Workie ssistant General Counsel for viation Enforcement and Proceedings (C70) Livaughn Chapman, Jr. Chief, viation Civil Rights Compliance Branch U.S. Department of ransportation 1200 New Jersey venue, S.E., Room W96322 Washington, D.C Re: Docket DOOS , pplication of Concesionaria Vuela Compania de viacion, S..P.I. de C.V. d/b/a Volaris for Renewal and Modification of an Equivalent lternative Determination Concerning 14 C.F.R and pursuant to 14 C.F.R Dear Ms. Workie and Mr. Chapman: Pursuant to 14 C.F.R , Concesionaria Vuela Compania de viacion, S..P.I. de C.V. d/b/a Volaris ( Volaris ) respectfully requests renewal of prior equivalent alternative determinations ( ED ) regarding compliance with 14 C.F.R (priority cabin stowage space for passenger folding wheelchairs) and 14 C.F.R (incabin stowage of passenger wheelchairs and other assistive devices) of the Department of ransportation s ( Department ) regulations for Volaris 174seat and 180seat irbus 320 aircraft permitting it to transport v v1

2 October 28, 2015 Page 2 passenger wheelchairs in the cargo compartment. 1 be granted for an indefinite period. 2 Volaris requests that any renewal Volaris further requests modification of its EDs to permit it to transport wheelchairs in the cargo compartment of its 179seat irbus 320 aircraft as well as in the cargo compartment of its 220seat 321 aircraft. Relief Requested Volaris requests renewal (or reissuance) of the EDs approved by the Department on May 30, 2013, and January 8, Further, Volaris requests for modification of its EDs with respect to the following requirements to the extent they apply to Volaris 179seat 320 aircraft and 220seat 321 aircraft: C.F.R , which requires that carriers ensure there is a priority space in the aircraft cabin of sufficient size to stow at least one typical adultsized folding, collapsible, or breakdown manual passenger wheelchair, the dimensions of which are 13 inches by 36 inches by 42 inches or less without having to remove the wheels or otherwise disassemble it, other than the overhead compartments and underseat spaces C.F.R , which requires that carriers ensure passengers can stow a wheelchair (or other assistive device) in the priority space described in Section Background he Department twice previously found that Volaris 320 aircraft do not contain an incabin priority stowage space for a passenger s manual folding 1 he Department approved an ED for Volaris 174seat 320 aircraft on May 30, 2013, and for its 180seat 320 aircraft on January 8, Since grant of those approvals, Volaris has submitted regular annual reports certifying it received no complaints regarding stowage of passenger wheelchairs in the designated wheelchair cargo stowage space. 2 Under the terms of the Department s January 8, 2014, approval, Volaris was required to request renewal of its EDs by January 8, 2015, but inadvertently did not do so. Volaris wishes to maintain its EDs in force and respectfully requests renewal (or reissuance) of its EDs as modified by this letter. Volaris confirms the configurations of its 174seat and 180seat 320 aircraft have not changed since the Department s initial reviews and requests that the Department take official notice of the information contained in Volaris prior requests. Volaris will continue to accept and comply with all conditions contained in the Department s May 30, 2013, and January 8, 2014, letters approving Volaris prior EDS v v1

3 October 28, 2015 Page 3 wheelchair. Based on these findings, the Department approved EDs permitting transportation of such wheelchairs in a priority stowage space in the cargo compartment of Volaris 174seat and 180seat 320 aircraft, subject to certain conditions which Volaris accepted. Volaris requests renewal (or reissuance) of these EDs. Volaris requests also that the Department modify its previous EDs to include Volaris 179seat 320 aircraft. Volaris requires this modification to comply with Federal viation dministration ( F ) certification requirements applicable to Volaris U.S.registered 320 aircraft, which limit the number of seats on such aircraft to no more than 179. Volaris will apply identical procedures to the handling and stowage of passenger wheelchairs for its 179seat 320 aircraft as it applies to its 174seat and 180seat 320s, all of which were reviewed and approved previously by the Department. 3 dditionally, Volaris requests approval of an ED permitting it to apply the same stowage procedures to its 220seat 321 aircraft, which Volaris will utilize in service between Mexico and the United States beginning in lthough the 321 is slightly larger than the 320, the layouts of its cabin and cargo stowage areas are essentially identical to the 320. Like the 320, the 321 does not contain an incabin priority stowage area suitable for passenger wheelchairs. he cargo compartments of the 320 and 321 (Section 11, which is where wheelchairs are stowed) are identical. 4 3 Exhibit, included with this letter, shows the cabin configuration of Volaris 179seat 320 aircraft. Exhibit B is a schematic drawing of the cargo hold of Volaris 179seat 320 aircraft, which is identical to the holds of its 174seat and 180seat 320 aircraft reviewed and approved previously by the Department. s a number of carriers (including Volaris) have extensively documented previously, 320 aircraft are not configured with an incabin stowage space of sufficient size to store a passenger wheelchair. Nor is there any practical method of retrofitting the 320 cabin to install a stowage space sufficiently large for a passenger wheelchair. See, pplication of erovias del Continente mericano S.. (vianca) for an Equivalent lternative Determination (pril 9, 2010); pplication of Virgin merica Inc. for an Equivalent lternative Determination (November 2, 2010); pplication of LN Colombia for an Equivalent lternative Determination (May 4, 2012); and pplication of Volaris for an Equivalent lternative Determination (pril 5, 2013). 4 Exhibit C shows the cabin configuration of Volaris 321 aircraft. Exhibit D is a schematic drawing of the 321 s cargo compartment (Section 11), which is identical to the cargo compartment of the 320 (Section 11). Volaris will stow passenger wheelchairs in Section 11 of the 321 cargo compartment utilizing the same procedures that apply to its 320 aircraft v v1

4 October 28, 2015 Page 4 Proposed Equivalent lternative Based on specific procedures the Department has approved several times in the past, Volaris will utilize a portion of the 179seat 320 and 220seat 321 cargo compartments as designated spaces for the stowage of up to two wheelchairs in lieu of an incabin priority space. 5 dditionally, Volaris will continue to (i) utilize a protective cover manufactured to Volaris requirements for wheelchairs stowed in the cargo compartment; (ii) secure the wheelchair to tiedowns in the cargo compartment, as appropriate; (iii) provide passengers with the flexibility to check their wheelchairs wherever they prefer and receive it wherever they prefer; (iv) provide passengers with the flexibility to receive wheelchairs at the aircraft door upon arrival; (v) adopt and implement safeguards in postarrival procedures to ensure that wheelchairs are promptly removed from the cargo compartment. When wheelchairs are stowed in the dedicated portion of the cargo compartment, Volaris will not stow passenger bags or other cargo or equipment in the same area. Passengers will continue to be able to use their wheelchairs up until boarding the aircraft, or up to the gate if they prefer. Volaris employee will then manually check the wheelchair and the passenger will be given a bag check receipt that includes the passenger s name, flight number, destination and location where the wheelchair will be returned to the passenger upon arrival at his destination. he employee will fold or breakdown the wheelchair in accordance with instructions, if provided, pack the wheelchair in the protective bag and provide it to the ground crew for loading. he ground crew will be informed that the bag contains a wheelchair and is to be loaded into the designated priority space in the aircraft s cargo compartment. Volaris personnel at the aircraft s destination will be informed that a wheelchair has been loaded into the aircraft s designated priority space and that it must be the first item removed from the cargo compartment and returned to the passenger at the prearranged delivery point. Volaris will train all personnel with responsibility for these procedures to ensure smooth handling of passenger wheelchairs and that wheelchairs are properly folded, broken down, bagged, loaded, stored, transported and redelivered, as it has done for its 174seat and 180seat 320 aircraft. Volaris will provide this service for up to two wheelchairs or assistive devices, and will waive any applicable liability limits for wheelchairs and assistive devices. Further, Volaris will arrange an acceptable temporary replacement (or rental reimbursement, at the passenger s 5 See, fn v v1

5 October 28, 2015 Page 5 option) wheelchair of like kind and quality in the event a wheelchair is damaged under these procedures and requires repair. Regulatory Standard Volaris proposal clearly meets the regulatory standard for approval of an ED. Volaris proposal will provide substantially equivalent accessibility to passengers with disabilities than compliance with a provision of Part he Department adopted the priority space requirement as initially applied to U.S. carriers operating under Part 121 for two main reasons: first, for the passengers' convenience, in order to have the wheelchair close by when deplaning and to be able to get as close to the aircraft as possible in one's own wheelchair before enplaning; and second, to help prevent damage to, or loss of, wheelchairs along with the "bulk" of general passenger checked baggage. 7 Under Volaris proposal, a passenger would be able to get as close to the aircraft as desired in his own wheelchair before checking it. Moreover, the wheelchair would be better protected from damage while in a protective bag and secured in a dedicated area of the cargo hold, and would be promptly returned to the passenger at a place of the passenger s choice. Volaris proposal also exceeds the treatment required for wheelchairs that must be checked under Department regulations. Section (c) requires the "timely return" of such items to a passenger, while Section (d) requires that wheelchairs and assistive devices be "among the first items retrieved from the baggage compartment". Volaris will ensure that the wheelchair is the first item removed from the cargo compartment of the aircraft and that it is available to the passenger upon deplaning. Grant of Volaris application would be consistent with the public interest. Volaris proposal meets the criteria established by the Department's rule in that it "provides substantially equivalent accessibility" to Volaris passengers. 8 dditionally, approval of this application will entail a substantial cost savings to Volaris. Volaris will not be required to reconfigure its 179seat 320 or 220seat 321 aircraft by removing seat rows or changing the pitch of a substantial number of seats, creating a subset of aircraft within its fleet with an unusual and less desirable configuration. Nor will Volaris be required to recertify seats Federal Register 27614, (May 13, 2008) 7 Id. at C.F.R ( Equivalent alternative means a policy, practice or other accommodation that provides substantially equivalent accessibility to passengers with disabilities, compared to compliance with a provision of this Part. ) v v1

6 October 28, 2015 Page 6 Finally, this application is substantially equivalent to numerous other applications submitted by 320 operators and approved by the Department. Volaris will continue to accept and comply with the conditions imposed by the Department in such other cases. Volaris will provide the Department with additional information upon request, and respectfully requests prompt consideration and approval of its application. Very truly yours, ttachments Charles F. Donley II cc: Robert Gorman (robert.gorman@dot.gov) Docket DOOS v v1

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8 C31 B C12 C14 C16 C18 C20 C21 C24 C23 C25 C26 C27 C28 C29 C30 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C48 C49 C50 C51 C52 C53 C54 C55 C56 C57 C58 C59 C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 IRBUS 238.3" " 35.00" " 36.35" " 353.0" 626.0" 736.0" " " " 41.40" " 37.60" " " REV DESCRIPION DE B3 ES CERIFICION DDED. 17/6/2015 C1 CURINS REMOVED FROM MSN 6906 ON. 31/7/2015 CURINS REMOVED FROM MSN 6906 ONWRDS " 2 2 W 36.61" G1 F " ype C 1.10" 37.35" 22.95" " " " E F D B C LOWERED POSIION FOR LIERURE POCKE (BELOW 18") DUE O IN RMRES BLE 10*29"=290.0" " SP SP NR NR NR NR NR NR ype III SP SP RB RB RB RB RB RB 37.00" 37.00" " ype III " NB NB NB NB NB NB N N E F D N 30 N 17*28"=476.0" 26.98" " " E D 36.61" " ype C F G5 W W REMRKS: CBIN INFORMION PSSENGER SES PIC BRES GLLEY ROLLEY QY PSS / ROLLEY LVORIES PSS / LVORIES CO CLOSE CO ROD (INC / PSS) OL Y/C " 29" SOWGE D SRP F B C E GEVEN PIUM EVO NOE : SE LOCIONS REFER O FRON SUD SPECIL UPRIG POSIION : ROW 11 ND 12 R/L 1" 6 BRES CONSN SECION () (B) (C) (D) (E) (F) SRP 61.7" 19.1" 61.7" Main Y/C I 2.5" 19.0" 21.6" 0.0" 3.0" 3.3" 14.5" Deck Y/C 2.5" 19.0" 21.6" 0.0" 3.0" 3.2" 14.5" /// F N NB NR RB SP CBIN ENDN SE NON EXILE FLOOR FULL EIG NDICPPED FCILIIES SNDRD LIERURE POCKE NRROW SE NO BREKOVER NO RECLINE NO RECLINE/NO BREKOVER SPECIL SE ROLLEY SNDRD IG COMFOR ENDN SES : 6 6 CREW RES SES : E CBIN LYOU ND NY REVISION O I WILL ONLY BE EFECIVE FER CONRCUL GREEMEN OF E RESPECIVE RFC'S / SCN'S. LYOU IS SUBJEC O CNGE FER FINL GLLEY ND SE DESIGN ND DEFINIION OF VIDEO INSLLION, SOWGES, DOG OUSES EC. IS DRWING IS E PROPERY OF IRBUS LL RIGS RESERVED DE: 31/7/2015 DRWN: MRINS CERIFICION : CBIN CONFIG FOR: VOI VOLRIS F, ES SPEC: 8.0 CCG: 2.4 SCLE 1/50 DRWG NO: SEE:01 REV: C IE: 1

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14 C C35 E D B C12 C14 C16 C18 C20 C21 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35.1 C35.2 C35.3 C35.4 C35.5 C35.6 C35.7 C35.8 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C47.1 C47.2 C47.3 C47.4 C47.5 C48 C49 C50 C51 C52 C53 C54 C55 C56 C57 C58 C59 C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C " " " " 353.0" 794.0" 904.0" " " " " " " 35.00" 36.35" 41.40" 37.60" IRBUS REV DESCRIPION DE B5 2" LIMIED RECLINE DDED ROW 24 R. 17/4/2015 B6 2" LIMIED RECLINE DDED ROW 24 L. 17/4/2015 W G1 F ype C D E F ype C N N LR LR LR ype C N N E ype C F G5 W B N C N LR LR LR N N D W REMRKS: CBIN INFORMION Y/C OL 1.10" 36.61" 37.35" 22.95" 3*32"=96.0" 6*30"=180.0" 51.00" 13*28"=364.0" 80.00" 6*29"=174.0" 6*28"=168.0" 26.98" 36.61" PSSENGER SES PIC BRES GLLEY ROLLEY QY PSS / ROLLEY " 29" " " " " " " " " " " " " " " LVORIES PSS / LVORIES LOWERED POSIION FOR LIERURE POCKE ( BELOW 18" ) DUE O IN RMRES BLE CO CLOSE CO ROD (INC / PSS) SOWGE NOE : SE LOCIONS REFER O FRON SUD GEVEN PIUM EVO 6 BRES CONSN SECION ENDN SES : CREW RES SES : SNDRD IG COMFOR 8 8 SRP F D B C E Main Deck Y/C I Y/C () (B) (C) (D) (E) (F) SRP 2.5" 19.0" 21.6" 0.0" 3.0" 3.4" 13.1" 2.5" 19.0" 21.6" 0.0" 3.0" 3.2" 13.1" 61.7" 19.1" 61.7" LL SES VE NO BREKOVER F LR N CBIN ENDN SE NDICPPED FCILIIES FULL EIG LIMIED RECLINE SNDRD LIERURE POCKE NRROW SE ROLLEY E CBIN LYOU ND NY REVISION O I WILL ONLY BE EFECIVE FER CONRCUL GREEMEN OF E RESPECIVE RFC'S / SCN'S. LYOU IS SUBJEC O CNGE FER FINL GLLEY ND SE DESIGN ND DEFINIION OF VIDEO INSLLION, SOWGES, DOG OUSES EC. IS DRWING IS E PROPERY OF IRBUS LL RIGS RESERVED DE: 17/4/2015 DRWN: CZEUX CERIFICION : MEXICN DGC, ES CBIN CONFIG FOR: 90U / VOI/MON IR LESE CORPORION FOR VOLRIS SPEC: 5.0 CCG: 2.4 SCLE 1/50 DRWG NO: SEE:01 REV: B IE: 6

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