Order 2011-1-4

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Seventh day of January, 2011

 Mesaba Aviation, Inc. Docket OST-2011-0003

 Violations of 14 CFR Part 382 and Served January 7, 2011

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

CONSENT ORDER

This order concerns violations by Mesaba Aviation, Inc. (Mesaba) of the requirements of 

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

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

382. 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. This order 

directs Mesaba to cease and desist from future violations of Part 382 and assesses the carrier 

$125,000 in civil penalties. 

Applicable Law

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, the provision of services and 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.

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

matter to the Department for an investigation. 

Background

The Office of Aviation Enforcement and Proceedings (Aviation Enforcement Office) 

investigated Mesaba’s compliance with the ACAA and Part 382 by reviewing disability-related 

complaints that the Department received against Mesaba during the past several years and that 

Mesaba received directly from passengers in 2007 and 2008. 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. Additionally, Mesaba’s complaint files indicated that in a number of

instances, it did not provide a dispositive response to complainants as required by section 382.65 

[now section 382.155]. More specifically, the violations that resulted from section 382.65 [now 

section 382.155] are cases in which Mesaba completely failed to provide a written response to a 

complainant or are cases wherein Mesaba failed to notify a complainant of his or her right to 

pursue DOT enforcement action. 

Mitigation

In mitigation, Mesaba explains that the complaint files identified by the Department in this 

matter involved services provided to passengers ticketed on Northwest Airlines, Inc. (Northwest)

and Delta Air Lines, Inc. (Delta). Mesaba further explains that during the relevant period, 

Mesaba was wholly-owned and controlled by those carriers, both of which exclusively handled 

passenger sales, reservation, customer care, and recordkeeping functions, and most terminal 

services, for passengers on Mesaba flights. For example, Mesaba states that Northwest and 

Delta's Customer Care Departments maintained primary responsibility for managing and 

providing dispositive responses to disability-related complaints when required by Part 382. 

Further, Mesaba states that more than half of the complaint files at issue involved wheelchair 

services provided at Northwest/Delta hubs in Detroit, Memphis, and Minneapolis; at these three 

hubs, Northwest and Delta maintained exclusive control over the contractors that provided 

enplaning/deplaning/connecting wheelchair assistance to their passengers with disabilities. 

Mesaba states that it relied exclusively on Northwest/Delta and their wheelchair service 

contractors to meet the regulatory responsibility for terminal wheelchair assistance that section 

382.91 assigns to Mesaba when it delivers a disabled passenger requiring such assistance to one 

of these hubs.

Mesaba states that it recognizes its Part 382 responsibilities to the disabled passengers it 

transports, and it has high standards for the accommodations to be provided to them, whether by 

Mesaba, a major carrier, or a service contractor. Mesaba states that in the future it will focus 

additional management resources and will improve internal controls and processes to better 

ensure those responsibilities and standards are met. Mesaba also maintains that it will encourage 

its major carrier partners to support service levels for disabled passengers that exceed the 

requirements of Part 382, whether or not a Mesaba flight is involved.
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Decision

The Enforcement Office has carefully considered the information provided by Mesaba and

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

has agreed to settle this matter with the Enforcement Office and enter into this consent order 

directing the carrier to cease and desist from future similar violations of Part 382 and 

49 U.S.C. §§ 41310, 41702, 41705, and 41712, and assessing $125,000 in compromise of 

potential civil penalties otherwise due and payable pursuant to 49 U.S.C. § 46301. 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 Mesaba and other 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 Mesaba Aviation, Inc. 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 Mesaba Aviation, Inc. 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 Mesaba Aviation, Inc. in the instances described in ordering paragraphs 2 

through 3, above, violated the Air Carrier Access Act, 49 U.S.C. § 41705;

5. We find that to the extent the violations described in ordering paragraphs 2 through 3

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

6. We find that to the extent the violations described in ordering paragraphs 2 through 3

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

7. We find that the violations described in ordering paragraphs 2 through 3 involved unfair 

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

8. We order Mesaba Aviation, Inc. and its successors and assigns to cease and desist from 

further violations of 14 CFR Part 382 and 49 U.S.C. §§ 41310, 41702, 41705, and 41712 

by engaging in the conduct described in ordering paragraphs 2 though 3;

9. We assess Mesaba Aviation, Inc. a compromise civil penalty of $125,000 in lieu of civil 

penalties that might otherwise be assessed for the violations found in ordering paragraphs 
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2 through 7, above, which shall be due and payable within 30 days from the date of 

issuance of this order. Failure to pay the penalty as ordered shall subject Mesaba 

Aviation, Inc. 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; and

10. Payment shall be made by wire transfer through the Federal Reserve Communication 

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