SQUIRE. SANDERS & DEMPSEY L.L.P. LEGAL COUNSEL WORLDWIDE Suite 500 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Office: + 1.202.626.6600 Fax: + 1.202.626.6780 Direct Dial: +1.202.626.6840 edonley@ssd.com November 1, 2010 VIA HAND DELIVERY Samuel Podberesky, Esq. 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, D.C. 20590 Re: Joint Application of TACA International Airlines, S.A., Lineas Aereas Costarricenses S.A., Aviateca S.A. and Trans American Airlines d/b/a TACA Peru for Equivalent Alternative Determination--Docket DOT -OST -2008-0273 Dear Mr. Podberesky: In accordance with 14 C.F.R. 382.10, TACA International Airlines, S.A. ("TACA"), Lineas Aereas Costarricenses S.A. ("LACSA"), Aviateca S.A. ("A viateca") and Trans American Lines d/b/a T ACA Peru ("TACA Peru") (collectively, the "Joint Applicants") hereby apply for an equivalent alternative determination with respect to the movable aisle armrest requirement set forth in 14 C.F.R. 382.61. Section 382.61 requires that foreign air carriers such as the Joint Applicants ensure that at least fifty percent of passenger aisle seats on their aircraft used to provide service to or from the United States have movable armrests proportionately in all cabin classes. The Joint Applicants currently operate A319, A320 and 1 aircraft to and from the United States, and orders in place a number of additional such aircraft. l Although the additional aircraft were to 1 will delivered after May 13. 1 thus requiring that they meet 1 an from under are application are therefore part of a shared neet. schematic drawings included with this application are identified as. the aircraft operated by each of Joint Applicants, including the business class seats (Recaro CL4400). the boarding wheelchair (Gerald Simonds Healthcare Ltd. \vheelchair) and their business class seat are
SQUIRE, SANDERS & DEMPSEY L.L.P. Samuel Podberesky, Esq. November 1. 2010 Page 2 The business class seats on the Joint Applicants' A31 9, A320 and A32 I aircraft do not have movable armrests. However, the configuration of these seats and the pitch in the Joint Applicants' business class cabins on their A319, A320 and A321 aircraft make it possible for disabled passengers to transfer easily from a boarding chair into the seat without having to be lifted over the aisle annrest. The Joint Applicants thus request an equivalent alternative determination with respect to the business class cabin seats in their A319, A320 and A321 aircraft. Enclosed with this letter is a DVD demonstrating the transfer of passengers from a boarding chair into the business class seats on the Joint Applicants' A321 aircraft as well as schematic drawings of the aircraft interiors. The Joint Applicant's request is supported by the Depaliment's findings in drafting Part 382 and its decisions in other similar cases. In adopting Part 382, the Department recognized that movable armrests might not be necessary where aircraft and seats are configured in a manner that allows disabled passengers to complete the transfer from boarding wheelchair to seat without lifting the passenger over the armrest: 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 armrest at that location. Consequently, if a caitier 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 ~. 1 configuration. ~ The schematic drawings and DVD enclosed with this letter demonstrate that the configuration of the Joint Applicants' aircraft and the seat pitch in the Joint Applicants' business class cabins permit precisely the type of easy transfer contemplated by the Depaliment in adopting Part 382. The seat pitches in the Joint Applicants' A319, A320 and 1 business class cabins are 41. 40 and 40 inches, respectively. These pitches provide more than ample room for to transfer from the to lifted over the armrest. 13,
SQUIRE, SANDERS & DEMPSEY L.L.P. Samuel Podberesky, Esq. November 1,2010 Page 3 The Joint Afplie~nts' request is. con~ist~nt wi:h req~ests from nun:er?us other can-iers approved by the DepartmenC In fact the seat pitch m lacks busmess class cabm IS more generous than the seat pitch at least one case in which the Department approved an equivalent alternative determination involving business cabin armrests. On October 27, 2009, the Department approved a request for equivalent alternative determination from Aerovias del Continente Americano S.A. ("A vianca") for Avianca's A319 and A320 aircraft. The Joint Applicants' A319 and A320 aircraft provide more space in the business cabin aisle and between business cabin seats than do Avianca's aircraft. As Exhibit B demonstrates, the Joint Applicants' business cabin aisle in its A319 and A320 aircraft is 24.1 inches wide, compared to Avianca's 23.5 inch-wide aisle. Moreover, the business seat pitch in the Joint Applicants' aircraft is greater than in Avianca's aircraft. The Joint Applicants offer a seat pitch of 41 inches in their A319 business cabin, compared with a seat pitch of 38 inches in Avianca's A319 business eabin. The Joint Applicants' A320 aircraft offers a business seat pitch of 40 inches, compared with a seat pitch of38 inches in Avianca's business cabin.4 Aisle Width Seat Pitch Aisle Width Seat Pitch Joint Applicants' A319 24.1 41.0 Joint Applicants' A320 24.1 40.0 Avianca A319 23.5 38.0 Avianca A320 23.5 38.0 The additional aisle width and seat pitch in the Joint Applicants' aircraft ensure that disabled passengers will find it easy to transfer horizontally from the boarding wheelchair to the Joint Applicants' business cabin seats, without interference from the seat armrest. The enclosed DVD demonstrates the ease with which a transfer can be made from the boarding \vheelchair to a seat on the Joint Applicants' aircraft. The DVD shows the unassisted and (male Department. Singapore Airlines. The Joint can-iers and approved by the 4 not
SQUIRE, SANDERS & DEMPSEY L.L.P. Samuel Podberesky. Esq. November 1, 2010 Page 4 A321 aircraft. 5 As the DVD shows. sufficient seat pitch exists to permit passengers and crew to move the boarding wheelchair into the seat rows, allowing passengers to make an easy and safe horizontal transfer to the business seat without interference from the armrest. The Joint Applicants' submit that the configuration of their business cabins, as shown in the DVD and in the schematic drawings, meets the requirements set forth by the Department for a finding of equivalent alternative when it adopted Part 382. The Joint Applicants' will comply with the standard conditions imposed by the Department in other cases in which equivalent alternative determinations for Section 382.61 have been approved, including (i) obtaining prior Department approval for changes in seat configuration or dimension; (ii) ensuring that employees and contractors are trained in procedures and the use of all equipment required to complete the transfer from the boarding wheelchair to the business cabin seat; (iii) ensuring annual refresher training in transferring passengers and retention of training records for three years; and (iv) quarterly submission to the Department of any complaints received by the Joint Applicants related to transfers to and from their business class seats. In view of the foregoing, and in accordance with the provisions of 14 C.F.R. 382.10, the Joint Applicants' respectfully request the Depatirnent's favorable determination that the Joint Applicants' may utilize an equivalent alternative to the requirements of 14 C.F.R. 382.61 for the business cabin seats in their A319, A320 and A321 aircraft. Please contact the undersigned with any questions. Very truly yours, Enclosures cc: Docket DOT-OST-2008-0273 Office Proceedings DVD) a seat pitch that is the same as the pitch in the Joint pitch in their 19 DVD to p«""vu