Order 2010-5-9 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

On the Tenth day of May, 2010 

Continental Airlines, Inc. 

Violations of 49 U.S.C. § 41705 

and 14 CFR Part 382 

Served: May 10, 2010 

Docket OST-2010-0005 

CONSENT ORDER 

This order concerns violations by Continental AirUnes, Inc. (Continental) of the 

requirements of 14 CFR Part 382 (Part 382), with respect to the categorizing and reporting 

of disability-related complaints that Continental received from passengers. Part 382 

implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of Part 

382 also violate the ACAA. This order directs Continental to cease and desist from future 

similar violations of Part 382 and the ACAA and assesses the carrier $100,000 in civil 

penalties. 

Under section 382.157 [formerly section 382.70],' covered carriers (i.e. U.S. and foreign air 

carriers operating passenger service to, from and within the United States with at least one 

aircraft having a design capacity of more than 60 passenger seats) must, among other things, 

categorize disability-related complaints that they receive according to the type of disability 

and the nature of the complaint, as well as submit an annual report to the U.S. Department of 

Transportation (Department) summarizing those complaints.^ In a notice published in the 

Federal Register on December 24, 2004, the Enforcement Office explained that a single 

On May 13, 2009, section 382.70 changed to section 382.157 under an amendment to 14 CFR Part 

382; however, the substance of section 382.70 remains the same. 

^ The annual report to the Department is due each year on the last Monday in January. The rule also 

requires that covered carriers retain a copy of each disability-related complaint that the carrier receives and a 

record of the action taken on the corrplaint for three years. 
piece of correspondence might express more than one complaint.^ It fiirther elaborated that 

each disability-related problem that an individual complains about in writing must be 

categorized and reported separately. 

To comply with 49 U.S.C. § 41705, which requires, among other things, that the Secretary 

of Transportation "regularly review all complaints received by air carriers alleging 

discrimination on the basis of disability . . . and report annually to Congress on the results of 

such review," and to ensure that consumers can compare the overall disability complaints 

filed against particular cartiers, the Office of the Assistant General Counsel for Aviation 

Enforcement and Proceedings (Enforcement Office) is committed to ensuring that carriers 

file disability-related reports as required. To this end, the Enforcement Office has made 

efforts to ensure compliance with section 382.157, including providing carriers and carrier 

associations information about the disability reporting requirements via teleconference and 

via email, and posting a copy of the disability reporting rule on its website. 

Continental is an air carrier that is subject to the disability complaint reporting requirements 

of Part 382. During an on-site regulatory compliance inspection at Continental's 

headquarters, the Enforcement Office discovered that Continental had a policy of coding 

only one issue per written disability complaint based on what Continental described as the 

customer's "point of passion," notwithstanding the fact that many of the complaints involved 

more than one disability-related issue. Further investigation revealed that, despite being 

placed on notice of the requirement under section 382.157 to categorize and report each 

issue raised in a given piece of correspondence as a separate complaint. Continental's 

personnel utilized the "point of passion" methodology to code the disability-related 

complaints it received for a significant period of time, resulting in substantial underreporting 

of the carrier's disability-related complaints. 

In mitigation. Continental states that there was no intention to disregard the guidance of the 

Department's Enforcement Office on how to code disability-related complaints to comply 

with Part 382 of the Department's regulations. Continental fiirther states that it did not 

intend to use a coding methodology now understood to be different from this guidance. 

Continental states that it has changed and reinforced its procedures to ensure coding 

practices are fully consistent with the guidance. Continental states that it takes its 

compliance obligations very seriously under the Air Carrier Access Act and the Department's 

regulations, including Part 382. Continental states that this commitment is reflected in 

Continental's service it provides to passengers with disabilities, careful consideration of input 

and advice received from disabled communities, including Continental's Disabilities 

Advisory Board, and participation in various disability-related programs to promote this 

objective. 

We view seriously Continental's failure to code properly the disability-related complaints it 

received as required by section 382.157. Accordingly, after carefully considering all the 

facts in this case, including those set forth above, the Enforcement Office believes that 

enforcement action is warranted. By this order, the Department finds that Continental foiled 

69 Fed. Reg. 77885, 77888 (December 29, 2004). 
to code properly the disability-related complaints it received in violation of 14 CFR Part 382 

and49 U.S.C. §41705. 

In order to avoid litigation. Continental Airlines, Inc. has agreed to settle this matter with the 

Enforcement Office and enter into this consent order directing Continental Airlines, Inc. to 

cease and desist from fliture similar violations of Part 382 and 49 U.S.C. § 41705, and 

assessing $100,000 in compromise of potential civil penalties otherwise due and payable. 

We believe that this assessment is appropriate and serves the public interest. It represents an 

adequate deterrent to fiiture noncompliance with the Department's disability-related 

reporting requirements by Continental Airlines, Inc., as well as by other domestic and 

foreign air carriers. 

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 Continental Airlines, Inc. has violated 14 CFR 382.157 by failing to code 

properly the disability-related complaints it received as required by section 382.157; 

3. We find that by engaging in the conduct and violations described in ordering 

paragraph 2 above, Continental Airlines, Inc. also violated 49 U.S.C. § 41705; 

4. Continental Airlines, Inc. and all other entities owned or controlled by Continental 

Airlines, Inc., its successors and assignees are ordered to cease and desist from further 

violations of 14 CFR 382.157 and 49 U.S.C. § 41705; 

5. Continental Airlines, Inc. is assessed $100,000 in compromise of civil penalties that 

might otherwise be assessed for the violations found in ordering paragraphs 2 and 3 

above, payable within 30 days after the service date of this order; and 

6. Payment shall be made by wire transfer through the Federal Reserve Communications 

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

accordance with the attached instructions. Failure to pay the penalty as ordered will 

subject Continental Airlines, Inc. to the assessment of interest, penalty and collection 

charges under the Debt Collection Act and possible enforcement action for failure to 

comply with this order. 
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://regulations.gov