Order 2010-12-17

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Thirteenth day of December, 2010

 JetBlue Airways Corp. Docket OST-2010-0005

 Violations of 14 CFR Parts 382 and 257 and Served December 13, 2010

 49 U.S.C. §§ 41310 41702, 41705, and 41712

CONSENT ORDER

This order concerns violations by JetBlue Airways Corp. (JetBlue) of the requirements of 

14 CFR Part 382 (Part 382) with respect to providing wheelchair assistance to passengers with a 

disability, making dispositive responses to written complaints alleging a violation of Part 382,

and properly categorizing its disability-related complaints. Part 382 implements the Air Carrier 

Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. To 

the extent that the ACAA and Part 382 violations occurred in interstate air transportation, the 

incidents are also violations of 49 U.S.C. § 41702, which requires that air carriers provide safe 

and adequate interstate air transportation; to the extent the violations occurred in foreign air 

transportation, the incidents would violate 49 U.S.C. § 41310, which, in part, prohibits air 

carriers and foreign air carriers from unreasonably discriminating against any person in foreign 

air transportation. Violations of Part 382 also constitute unfair and deceptive practices and 

unfair methods of competition in violation of 49 U.S.C. § 41712. In addition, this consent order 

covers violations by JetBlue of the Department’s code-share disclosure rule, 14 CFR Part 257

and 49 U.S.C. § 41712. This order directs JetBlue to cease and desist from future violations of 

Parts 382 and 257 and assesses the carrier $600,000 in civil penalties. 

Department’s Rule Protecting Disabled Travelers

Under section 382.39 [now sections 382.91 to 382.105], carriers must provide passengers with 

disability-related assistance in enplaning and deplaning aircraft. This assistance includes, as 

needed, help by airline/contractor personnel and the use of wheelchairs, ramps, or mechanical 

lifts. Section 382.39(a)(3) [now section 382.103] prohibits carriers from leaving passengers who 

are not independently mobile unattended in a ground wheelchair, boarding wheelchair, or other 

device for more than 30 minutes.
- 2 -

Section 328.65 [now section 382.155] requires carriers to provide a dispositive written response 

to a written complaint alleging a violation of Part 382 within 30 days of its receipt. An 

appropriate dispositive response must specifically discuss the complaint at issue, state the 

carrier’s view of whether a violation occurred, and state that the complainant may refer the 

matter to the Department for an investigation. 

Section 382.70 [now section 382.157] states that carriers must categorize disability-related 

complaints they receive according to the type of disability and nature of complaint and submit 

annual reports to the Department detailing the disability complaints received the prior calendar 

year. If a written complaint contains multiple issues, each issue must be coded separately to 

adequately account for the number of complaints a carrier receives. 

Based on a visit to JetBlue’s Salt Lake City office, the Office of Aviation Enforcement and 

Proceedings (Aviation Enforcement Office) decided to further investigate JetBlue’s compliance 

with the relevant portions of Part 382 by reviewing all disability-related complaints JetBlue 

received directly from passengers in 2009. The Aviation Enforcement Office also reviewed all 

disability-related complaints against JetBlue sent directly to the Department in 2009. The 

records indicated a significant number of apparent violations of section 382.39 [now sections 

382.91 to 382.105] during the pertinent time period. A substantial number of these complaints 

appear to involve egregious violations of Part 382.1

 Additionally, JetBlue’s complaint files 

indicated that in numerous instances, its written response to the complainant did not comply with 

the requirements of section 382.65 [now section 382.155]. Furthermore, JetBlue violated section 

382.70 [now section 382.157] by failing to adequately categorize and account for all the 

disability-related issues that were raised in the complaints.

Department’s Code-share Disclosure Rule

Section 257.4 of the code-share disclosure rule states that the holding out or sale of scheduled 

passenger air transportation involving a code-sharing arrangement is an unfair and deceptive 

trade practice in violation of 49 U.S.C. § 41712 unless, in conjunction with that holding out or 

sale, carriers follow certain requirements, including those of 14 CFR 257.5(b). With regard to 

oral communications concerning a flight that is part of a code-sharing arrangement, section 

257.5(b) states that a ticket agent or carrier must disclose to prospective consumers before they 

book the flight the existence of the code-share arrangement, the corporate name of the 

transporting carrier, and any other name under which the flight is held out to the public. 

 1 In prior enforcement actions, e.g. Docket OST-2010-0005-0026 (August 31, 2010), the Aviation 

Enforcement Office explained that it considers the following types of assistance and wheelchair-related disability 

complaints to be egregious: (1) the passenger was left unattended on an airplane for over 15 minutes after the other 

passengers deplaned; (2) a nonambulatory passenger was left unattended in a wheelchair for over 30 minutes in the 

terminal or on a jetway; (3) the carrier failed to provide requested wheelchair service or other assistance entirely, or 

a long time delay in providing wheelchair service or other assistance resulted in the passenger missing a flight; (4) 

the passenger was left at the wrong gate resulting in missing his or her flight; (5) the passenger had to wait an hour 

or more for a wheelchair in the terminal; and (6) other instances where passengers were subjected to significant 

delay, harm, or inconvenience because of inadequate assistance. 
- 3 -

In May 2010, the Aviation Enforcement Office conducted an investigation into JetBlue’s 

compliance with the Department’s code-share disclosure rule and this investigation revealed a 

significant lack of compliance by JetBlue with section 257.5. The investigation consisted of a 

number of telephone calls to JetBlue’s reservation line by Aviation Enforcement Office staff to 

determine if, as required by section 257.5(b), the carriers’ employees were advising consumers 

of the code-share status of JetBlue flights operated by Cape Air. The JetBlue reservations agent 

answering those calls failed to disclose the code-share status of the flights in question during a 

substantial number of those calls. 

Mitigation

In mitigation, JetBlue states that it values its disabled customers. Although JetBlue states that its

files do not provide adequate information to verify the facts alleged in most, if not all, of the 

complaint letters received by JetBlue that are the basis of the Aviation Enforcement Office’s

concerns, JetBlue states that it is committed to improving service to all passengers. JetBlue 

states that its commitment will be reflected in the initiatives agreed to in this Consent Order and 

in an additional effort across the airline to improve the service provided to disabled customers. 

JetBlue points out, as discussed below, that it will launch an Interdepartmental Disability Task 

Force that will focus attention on the needs of customers who are disabled and coordinate the 

improvements that arise from its Task Force. JetBlue also states that it will make its website 

more user-friendly for disabled travelers and create a first-of-its-kind Disability Customer Care 

Center that will proactively reach out to disabled passengers prior to their travel. JetBlue 

maintains that these initiatives will greatly enhance its response to the needs of this segment of 

the traveling public. JetBlue asserts that it has also focused on increased training to ensure that 

the requirements of Part 257 are met for each passenger who calls to book a code-share flight 

with JetBlue and any code-share partner. Finally, JetBlue states that it takes its regulatory 

responsibilities very seriously and believes that the steps to which it has committed in this order 

will improve the customer experience.

Decision

The Aviation Enforcement Office has carefully considered the information provided by JetBlue

and continues to believe that enforcement action is warranted. In order to avoid litigation, 

JetBlue has agreed to settle this matter with the Aviation Enforcement Office and enter into this 

consent order directing the carrier to cease and desist from future similar violations of Parts 382

and 257 and 49 U.S.C. §§ 41310, 41702, 41705, and 41712, and assessing JetBlue $600,000 in 

compromise of potential civil penalties otherwise due and payable pursuant to 

49 U.S.C. § 46301.

2 This compromise assessment is appropriate considering the nature and 

extent of the violations described herein and serves the public interest. It establishes a strong 

deterrent to future similar unlawful practices by JetBlue and other carriers.

 2 As covered in ordering subparagraphs 11b, 11c and 11d, the $600,000 assessed civil penalty is subject to offsets of 

up to $250,000 for expenditures by JetBlue to provide improved service for disabled passengers above and beyond 

what is required by Department rules. The actual cost of the initiatives covered by the offsets is substantially greater 

than the $250,000 offset amount. 
- 4 -

This order is issued under the authority contained in 49 CFR 1.57a and 14 CFR 385.15.

ACCORDINGLY,

1. Based on the above discussion, we approve this settlement and the provisions of this 

order as being in the public interest;

2. We find that JetBlue Airways Corp. violated the requirements of 14 CFR 382.39 [now 

sections 382.91 to 382.105] by failing to provide adequate and prompt enplaning and 

deplaning wheelchair assistance to passengers with disabilities;

3. We find that JetBlue Airways Corp. violated the requirements of 14 CFR 382.65 [now 

section 382.155] by failing to provide dispositive responses to written complaints

alleging a violation of Part 382;

4. We find that JetBlue Airways Corp. violated the requirements of 14 CFR 382.70 [now 

section 382.157] by failing to properly categorize and accurately report its disabilityrelated complaints;

5. We find that JetBlue Airways Corp. in the instances described in ordering paragraphs 2 

through 4, above, violated the Air Carrier Access Act, 49 U.S.C. § 41705;

6. We find that to the extent the violations described in ordering paragraphs 2 through 4

occurred in interstate air transportation, the conduct violated 49 U.S.C. § 41702;

7. We find that to the extent the violations described in ordering paragraphs 2 through 4 

occurred in foreign air transportation, the conduct violated 49 U.S.C. § 41310;

8. We find that JetBlue Airways Corp. violated the requirements of 14 CFR 257.5(b) by 

failing to disclose code-sharing arrangements as required;

9. We find that the violations described in ordering paragraphs 2 through 8 involved unfair 

and deceptive practices and thereby violated 49 U.S.C. § 41712;

10. We order JetBlue Airways Corp. and its successors and assigns to cease and desist from 

further violations of 14 CFR Parts 382 and 257 and 49 U.S.C. §§ 41310, 41702, 41705, 

and 41712 by engaging in the conduct described in ordering paragraphs 2 though 9;

11. We assess JetBlue Airways Corp. $600,000 in compromise of civil penalties that might 

otherwise be assessed for the violations founds in ordering paragraphs 2 through 9, 

above;

a. $350,000 of the assessed civil penalty shall be due and payable within 30 days of 

the service date of this order;
- 5 -

b. Up to $30,000 of the assessed penalty shall be credited to JetBlue Airways Corp. 

for funds expended within one year after the date upon which this order becomes 

final toward the establishment and operation of an Interdepartmental Disability 

Task Force that will conduct quarterly internal audits and quality control of the 

carrier's handling of passengers with disabilities in order to improve the traveling 

experience of such passengers; 

c. Up to $200,000 shall be credited to JetBlue Airways Corp. for funds expended

within one year after the date upon which this order becomes final toward the 

establishment of a Disability Customer Care Center that shall consist of a staff of 

full and part time employees who will proactively reach out to passengers with 

disabilities prior to travel and will serve as an available information resource for

such passengers and other JetBlue personnel; and 

d. Up to $20,000 shall be credited to JetBlue Airways Corp. for funds expended 

toward developing and implementing enhancements to JetBlue’s website that 

would improve the accessibility and quality of the content intended for the 

disabled community and place information targeted at assisting disabled 

passengers into one easily-accessible location; 

12. Within 13 months of the date this order becomes final, JetBlue Airways Corp. shall 

provide the Department with supporting documentation verifying the cost of the offsets 

listed in subparagraphs 11(b), 11(c), and 11(d) above. The documentation must contain a 

detailed explanation of the method used by JetBlue Airways Corp. to determine the cost 

of the offset, and a sworn statement from an appropriate company official testifying that 

the descriptions and documentation are true and complete to the best of that official’s 

knowledge and that the official has made a reasonable inquiry to establish the accuracy 

of the statement; 

13. To the extent that JetBlue Airways Corp. fails to provide adequate documentation 

verifying the appropriate expenditures of the $250,000 in offsets as described in order 

subparagraphs 11(b), 11(c), and 11(d) and paragraph 12, that amount shall become due 

and payable within 30 days of the date of the certification required by paragraph 12; 

14. The offsets described in subparagraphs 11(b), 11(c), and 11(d) may be amended with the 

approval of the Department’s Office of Aviation Enforcement and Proceedings. If 

JetBlue Airways Corp. intends to seek a change in the type of improvements made, it 

must notify and obtain approval from the Office of Aviation Enforcement and 

Proceedings not later than 15 days prior to the date documentation is due pursuant to 

ordering paragraph 12; and

15. Failure to pay the civil penalty as ordered above shall subject JetBlue Airways Corp. to 

the assessment of interest, penalty, and collection charges under the Debt Collection Act, 

and to possible additional enforcement action for failure to comply with this order. 

Payment shall be made by wire transfer through the Federal Reserve Communication 
- 6 -

System, commonly known as “Fed Wire,” to the account of the U.S. Treasury in 

accordance with the attached instructions.

This order will become a final order of the Department 10 days after its service date unless a 

timely petition for review is filed or the Department takes review on its own motion.

BY:

ROSALIND A. KNAPP

Deputy General Counsel

(SEAL)

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov