Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036 tel 202.663.8000 fax 202.663.8007 Charles F. Donley II tel 202.663.8448 fax 202.663.8007 charles.donley@pillsburylaw.com ugust 13, 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. 20590 Re: Docket DOOS20080273, pplication of Cebu ir, Inc. d/b/a Cebu Pacific ir for an Equivalent lternative Determination Concerning 14 C.F.R. 382.67 and 382.123 pursuant to 14 C.F.R. 382.10 Dear Ms. Workie and Mr. Chapman: Pursuant to 14 C.F.R. 382.10, Cebu ir, Inc. d/b/a Cebu Pacific ir ( Cebu Pacific ) respectfully requests an equivalent alternative determination ( ED ) regarding compliance with 14 C.F.R. 382.67 (priority cabin stowage space for passenger folding wheelchairs) and 14 C.F.R. 382.123 (incabin stowage of passenger wheelchairs and other assistive devices) of the Department of ransportation s ( Department ) regulations for Cebu Pacific s irbus 320 aircraft permitting it to transport wheelchairs in the cargo compartment. Cebu Pacific intends to begin scheduled service between Manila and Guam in December 2015 utilizing 320 aircraft and requests that this ED be approved as soon as possible, and that it remain in effect indefinitely or for at least one year. www.pillsburylaw.com 405529633v1
ugust 13, 2015 Page 2 Relief Requested his application for an ED is made with respect to the following requirements to the extent they apply to Cebu Pacific s 320 aircraft (and any future 320 aircraft acquired by Cebu Pacific with identical configurations): 1. 14 C.F.R. 382.67, 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. 2. 14 C.F.R. 382.123, which requires that carriers ensure passengers can stow a wheelchair (or other assistive device) in the priority space described in Section 382.67. Background Cebu Pacific is an international air carrier based in the Philippines. Cebu Pacific commenced operations in March 1996 and today serves numerous domestic and international destinations with its fleet of irbus 319, 320 and 330 aircraft. In December 2015, Cebu Pacific will commence scheduled passenger service between Manila and Guam under its existing exemption authority utilizing its 320 aircraft. 1 s a number of carriers have extensively documented previously, 2 320 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 1 Notice of ction aken, Docket DOOS20120176, June 5, 2014 (timely renewal application pending) 2 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). www.pillsburylaw.com 405529633v1
ugust 13, 2015 Page 3 cabin to install a stowage space sufficiently large for a passenger wheelchair. 3 Like other operators of the 320, Cebu Pacific has carefully considered whether there is a way it might be able to comply with Sections 382.67 and 382.123 without the need for an ED. Unfortunately, Cebu Pacific has been unable to find a solution that will permit compliance without requiring substantial and expensive changes to the interior of its aircraft, including the removal of seats and repitching remaining seats, which could require recertification. Cebu Pacific therefore requests approval of an ED permitting it to transport passenger wheelchairs in a designated space in the cargo compartment of its 320 aircraft. Proposed Equivalent lternative Based on specific procedures the Department has approved several times in the past, Cebu Pacific has developed an equivalent alternative method of compliance for its 320 aircraft that will ensure accessibility that is equivalent to an incabin stowage space. Cebu Pacific will utilize a portion of the 320 s cargo compartment as a designated space for the stowage of up to two wheelchairs in lieu of an incabin priority space. 4 dditionally, Cebu Pacific will (i) utilize a protective cover manufactured to Cebu Pacific s 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, Cebu Pacific will not stow passenger bags or other cargo or equipment in the same area. Passengers will be able to use their wheelchairs up until boarding the aircraft, or up to the gate if they prefer. Cebu Pacific 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. Cebu Pacific employee will then 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 3 Exhibit 4 Id. www.pillsburylaw.com 405529633v1
ugust 13, 2015 Page 4 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. Cebu Pacific 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. Cebu Pacific 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. Cebu Pacific 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, Cebu Pacific will arrange an acceptable temporary replacement (or rental reimbursement, at the passenger s option) wheelchair of like kind and quality in the event a wheelchair is damaged under these procedures and requires repair. Regulatory Standard Cebu Pacific s proposal clearly meets the regulatory standard for approval of an ED. Cebu Pacific s proposal will provide substantially equivalent accessibility to passengers with disabilities than compliance with a provision of Part 382. 5 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. 6 Under Cebu Pacific s 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. Cebu Pacific s proposal also exceeds the treatment required for wheelchairs that must be checked under Department regulations. Section 382.125(c) requires the 5 69 Federal Register 27614, 27647 (May 13, 2008) 6 Id. at 27626 www.pillsburylaw.com 405529633v1
ugust 13, 2015 Page 5 "timely return" of such items to a passenger, while Section 382.125(d) requires that wheelchairs and assistive devices be "among the first items retrieved from the baggage compartment". Cebu Pacific 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 Cebu Pacific s application would be consistent with the public interest. Cebu Pacific s proposal meets the criteria established by the Department's rule in that it "provides substantially equivalent accessibility" to Cebu Pacific s passengers. 7 dditionally, approval of this application will entail a substantial cost savings to Cebu Pacific. Cebu Pacific will not be required to reconfigure its 320 aircraft by removing seat rows or changing the pitch of a substantial number of seats, and creating a subset of aircraft within its 320 fleet with an unusual and less desirable configuration. Nor will Cebu Pacific be required to recertify seats. Finally, this application is substantially equivalent to numerous other applications submitted by 320 operators and approved by the Department. Cebu Pacific will accept the conditions imposed by the Department in such other cases. Cebu Pacific will provide the Department with additional information upon request, and respectfully requests prompt consideration and approval of its application so that 320 operations between Manila and Guam can commence in December 2015. Very truly yours, ttachments Charles F. Donley II cc: mna rshad (amna.arshad@dot.gov) Robert Gorman (robert.gorman@dot.gov) Docket DOOS20080273 7 14 C.F.R. 382.3 ( 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. ) www.pillsburylaw.com 405529633v1
EXIBI
C31 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 IUS 238.3" 244.6" 35.0" 279.6" 36.4" 316.0" 317.1" 25.9" 343.0" 353.0" 626.0" 736.0" 1198.0" 1221.0" 1243.6" 41.4" 1285.0" 37.6" 1325.0" 1322.6" REV DESCRIPION DE DOOR 1 R SSI SPCE CNGE. C3 14/11/2012 WINDSCREEN X POSIION DJUSEMEN. C4 UPDE FER SE CDR. 27/11/2012 1.1" ype C W PBB G1 F F ( 1 ) D E F C B 4 5 6 7 8 9 1 10 11 12 14 15 16 17 18 19 2 20 21 22 23 24 25 26 27 28 29 3 30 31 ype III ype III S S S N N ype C ( 1 ) G5 N N S SL S S E D F W W CS BENC LVORY WI FOLDBLE WLL FOR SRECER LODING CPBILIY REMRKS: CBIN INFORMION Y/C OL PSSENGER SES PIC BRES 180 28" 29" 6 180 36.6" 64.4" 9*29"=261.0" 28.0" 35.0" 35.0" 3*29"=87.0" 14*28"=392.0" 26.0" 36.6" GLLEY ROLLEY QY PSS / ROLLEY 2 11.0 16.4 2 11.0 242.0" 278.6" 343.0" 604.0" 632.0" 667.0" 702.0" 789.0" 1181.0" 1207.0" 1243.6" LVORIES PSS / LVORIES 3 60.0 3 D SRP F B C E NOE : SE LOCIONS REFER O FRON SUD () (B) (C) (D) (E) (F) SRP Main Y/C I 2.5" 18.0" 21.6" 0.0" 4.5" 3.3" 13.1" Deck Y/C 2.5" 18.0" 21.6" 0.0" 4.5" 0.8" 13.1" 6 BRES CONSN SECION 61.7" 19.1" 61.7" NOE: NO BREK OVER IS SNDRD LL SES, EXCEP ROWS 29, 30 ND 31. ( 1 ) CURIN RI ONLY. F F N PBB SL S / / / _ CBIN ENDN SE FULL EIG FOLDING BLE NDICPPED FCILIIES LIMIED RECLINE SNDRD LIERURE POCKE NRROW SE NO BREKOVER PROVISION FOR BBY BSSINE NO RECLINE/NO BREKOVER SRECER LODING CPBILIY SRECER LOCION OUSIDE CLOGUE ROLLEY NON EXILE FLOOR IN RMRES BLE CO CLOSE CO ROD (INC / PSS) SOWGE ENDN SES : 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 IUS LL RIGS RESERVED DE: 27/11/2012 DRWN: MRINEZ CERIFICION : J SNDRD IG COMFOR 320200 CBIN CONFIG FOR: CEB CEBU PCIFIC IR 6 6 SPEC: 8.0 CCG: 2.2 SCLE 1/50 DRWG NO: 32025.34032 SEE:01 REV: C IE: 4
C12 C14 C16 C18 C20 C21 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C48 C49 C50 C51 C52 C53 C54 238.3" 353.0" 244.6" 626.0" 736.0" 35.0" 279.6" 36.4" 316.0" 317.1" 25.9" 343.0" 1.1" ype C ype III ype III W G1 F PBB F ( 1 ) D E F C B 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 36.6" 64.4" 9*29"=261.0" 28.0" 35.0" 35.0" 3*29"=87.0" 14*28"=392.0" 242.0" 278.6" 343.0" 604.0" 632.0" 667.0" 702.0" 789.0" SRP E NOE : SE LOCIONS REFER O FRON SUD 6 BRES CONSN SECION NOE: NO BREK OVER IS SNDRD LL SE ( 1 ) CURIN RI ONLY. F D B C Main Deck Y/C I Y/C () (B) (C) (D) (E) (F) SRP 2.5" 18.0" 21.6" 0.0" 4.5" 3.3" 13.1" 2.5" 18.0" 21.6" 0.0" 4.5" 0.8" 13.1" 61.7" 19.1" 61.7"
C54 C55 C56 C57 C58 C59 C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 IUS 1198.0" 1221.0" 1243.6" 41.4" 1285.0" 37.6" 1325.0" 1322.6" REV DESCRIPION DE C3 DOOR 1 R SSI SPCE CNGE. WINDSCREEN X POSIION DJUSEMEN. 14/11/2012 C4 UPDE FER SE CDR. 27/11/2012 S E W S F S N N 24 25 26 27 28 29 30 31 ( 1 ) G5 N N S SL S D W S 14*28"=392.0" 26.0" ype C LL SES, EXCEP ROWS 29, 30 ND 31. 1181.0" 1207.0" 36.6" 1243.6" CS BENC LVORY WI FOLDBLE WLL FOR SRECER LODING CPBILIY F F N PBB SL S / / / _ CBIN ENDN SE FULL EIG FOLDING BLE NDICPPED FCILIIES LIMIED RECLINE SNDRD LIERURE POCKE NRROW SE NO BREKOVER PROVISION FOR BBY BSSINE NO RECLINE/NO BREKOVER SRECER LODING CPBILIY SRECER LOCION OUSIDE CLOGUE ROLLEY NON EXILE FLOOR IN RMRES BLE REMRKS: CBIN INFORMION PSSENGER SES PIC BRES GLLEY ROLLEY QY PSS / ROLLEY LVORIES PSS / LVORIES CO CLOSE CO ROD (INC / PSS) SOWGE ENDN SES : 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 IUS LL RIGS RESERVED DE: 27/11/2012 DRWN: MRINEZ CERIFICION : J Y/C 2 11.0 16.4 3 SNDRD IG COMFOR 320200 CBIN CONFIG FOR: CEB CEBU PCIFIC IR OL 2 11.0 60.0 3 6 6 SPEC: 8.0 CCG: 2.2 SCLE 1/50 DRWG NO: 32025.34032 SEE:01 REV: C IE: 4 180 28" 29" 6 180