Aloha Airlines, Inc.

OST-04-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

September 9, 2004

Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

Hereby petitions for an exemption from § 38221(a) (2) requiring new aircraft after March 6, 1990 to have a priority space in the cabin designated for stowage of at least one folding wheelchair meeting dimensional criteria from recognized authoritative bodies than that specified in the preamble dated February 28, 1990, ("Feasibility Study of in-cabin Storage of Wheelchairs and Scooters on Commercial Aircraft", W. R. Davis Engineering Limited. Prepared for Transportation Development Centre, Transport Canada, Montreal, Quebec, Canada, March 1988).

This relief is sought for Aloha Airlines, Inc. fleet of Boeing B737‑700 airplanes used in 180 minute ETOPS airline service between the mainland of the United States, other international destinations in the Western Pacific, and the Hawaiian Islands.

By: John Buckingham

OST-04-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, CFR

October 7, 2004

Re: Comments of Hawaiian Airlines

Hawaiian believes that to the extent the DOT grants any exemption from its regulatory requirements to Aloha, similar exemptions must be granted to all other carriers. Moreover, if the DOT accepts Aloha's assertion that the exemption should be granted because new wheelchair design features allow for wheelchairs with larger dimensions to be stowed in smaller spaces, Hawaiian believes that the exemption should be applied retroactively to when these newly designed wheelchairs first became commercially available.

Hawaiian is aware of the DOT's enforcement efforts with respect to the accommodation by airlines of disabled passengers, especially as it may relate to accommodation of wheelchairs inside the cabin. Should the DOT decide to grant the exemption requested in the above‑referenced action, Hawaiian believes that such a decision would necessarily require that the DOT take such determination into consideration in all presently outstanding investigations as it may relate to storage of wheelchairs.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725

OST-04-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

December 6, 2004

Re: Comments of Aloha Airlines

Aloha Airlines’ posture on compliance with the Air Carrier Access Act is one of exceeding the minimum requirements. We have ensured that the on board lavatories are equipped with grab bars for passenger comfort and convenience. Since wheelchair accessible lavatories are not available as an option for this aircraft, we have opted to provide privacy curtains at all lavatories to enable discreet transfer of disabled passengers. We have provided an onboard aisle chair on all aircraft, although we are not required to provide it. Finally, we ordered the passenger seats so that 100% of all available seats are equipped with moveable aisle armrests.

The process of specifying, ordering, and accepting an aircraft from any manufacturer is by no means a simple task. There are literally thousands of details that the airline must consider and work out amongst a small army of engineers and third party suppliers for each of the aircraft systems and features that make up an aircraft. Closets designed specifically for onboard stowage of passenger folding wheelchairs are not available from Boeing’s 737-600/-700/-800/-900/-700C Options Catalog. We merely wish to correct an oversight in the most expedient and cost effective manner that we deem appropriate.

Finally, please note that should we win approval of our request, we realize that it will come at a cost to other conveniences, either to passengers or crew or both. It is also going to cost us in terms of monetary outlay for engineering, modification, and certification. As we explained, cabin stowage space is scarce and modification of the existing closet to allow wheelchair stowage will displace existing emergency equipment at the expense of overhead bin space, galley space, or both.

By: Jonathan Goo

OST-04-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

January 5, 2005

Re: Memo Regarding Wheelchair Stowage

On December 2, 2004, the Department of Transportation's Office of the Assistant General Counsel for Aviation Enforcement and Proceedings met with Aloha to discuss its request for an exemption from the in-cabin stowage requirements for a passenger's folding wheelchair on its Boeing 737-700 aircraft used in Aloha's 180 minute ETOPS operation. Aloha states that its situation is unique because Aloha is the only U.S. air carrier conducting this specific type of operation between Hawaii and North America, and the operation requires additional fuel and equipment to be loaded on the aircraft.

The Enforcement Office is currently reviewing all materials and information provided by Aloha, along with comments offered by Hawaiian Airlines, and will use this information on which to base its decision concerning Aloha's exemption request.

By: Daeleen Chesley

Order 2006-2-15
OST-2004-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

Issued and Served February 21, 2006

Order Denying Exemption

After carefully taking into account all the information available to us at this time, we find that inadequate justification exists for granting Aloha's request for an exemption.

An exemption request is generally not appropriate where the petitioner is seeking a new or different standard to apply to it to situations that are being faced by the entire industry. Here, Aloha is seeking an exemption from section 382.21(a)(2) primarily because it believes the "standard" dimensions for a folding wheelchair used by DOT are outdated. Granting Aloha's exemption request would place Aloha in a preferred regulatory position vis-a-vis other carriers, which are required to have designated in-cabin priority space in new aircraft for the stowage of a standard-size folding wheelchair. We are also not persuaded by Aloha's argument for granting relief for the industry as a whole. An exemption is not the appropriate vehicle to establish a new or different industry standard and the issues raised by Aloha and Hawaiian are better addressed by general rulemaking rather than by exemption.

Indeed, DOT recently issued a Notice of Proposed Rulemaking proposing to revise its rule requiring nondiscrimination on the basis of disability in air travel. This NPRM, among other things, addresses the issues raised by Aloha in its exemption request by seeking comments as to whether the dimensions for a passenger's folding wheelchair that have been used in DOT enforcement actions are appropriate. To the extent comments on the relevant provision were received, they will be considered in the rulemaking.

On this basis, we find that granting the requested exemption from the provision requiring the onboard stowage of wheelchairs is not in the public interest, and we deny Aloha's request for an exemption.

By: Norman Mineta

OST-2002-11473 - Reporting Requirements for Disability Related Complaints
OST-2004-19482 - Nondiscrimination on Basis of Disability in Air Travel
Air Carrier Access Act