Order 2011-2-10 

. ^ ^ UNITED STATES OF AMERICA a '^^ * DEPARTMENT OF TRANSPORTATION 

%i^y OFFICE OF THE SECRETARY 

WASfflNGTON, D.C. 

Issued by the Department of Transportation 

On the Seventeenth day of February, 2011 

Delta Air Lines, Inc. 

Violations of 14 CFR Part 382 and 

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

Served: February 17, 2011 

DOT OST-2011-0003 

CONSENT ORDER 

This order concerns violations by Delta Air Lines, Inc., (Delta) of the requirements of 

14 CFR Part 382 (Part 382) with respect to providing enplaning, deplaning, and connecting 

assistance, as well as providing dispositive responses to written complaints alleging a violation 

of Part 382 and properly coding and recording its disability-related complaints in connection 

with required reporting to the Department of Transportation (Department). 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 the ACAA and Part 382, as well as of 49 

U.S.C. §§41702 and 41310, are unfair and deceptive practices in violation of 49 U.S.C. §41712. 

This order directs Delta' to cease and desist from future violations of Part 382 and the ACAA 

and assesses the carrier $2,000,000 in civil penalties.^ 

Applicable Law 

Part 382 requires air carriers to provide passengers with disabilities assistance in aircraft 

enplaning and deplaning and imposes specific requirements in doing so. Sections 382.39 (a) and 

(b), in effect prior to May 13, 2009, (now sections 382.91-382.95, 382.101, and 382.105), set 

forth requirements regarding the type and quality of service carriers must provide when assisting 

' This order is a global settlement of all ACAA and Pan 382 violations (including related violations of 49 U.S.C. §§ 41310. 41701. 41705, and 

41712) through the issuance date of this order by Delta and t>elta's aTfiliates Comairand Northwest, including any such violations that may have 

accrued to Delta as the successor-in-interest following its merger with Northwest Airlines. Inc. 

^ As covered in ordering subparagraphs 10(b), 10(c). 10(d), and 10(e). the $2,000,000 assessed civil penalty is subject to offsets of up to 

S 1,250,000 for expenditures by Delta to provide improved services for passengers with disabilities above and beyond what is required by the 

Department's disability rule. The actual cost of the initiatives covered by the offsets is substantially greater than the $1,250,000 offset amount. 
passengers with disabilities. This assistance includes, as needed, the provision of services 

personnel and the use of wheelchairs, ramps, or mechanical lifts. Section 382.39(a)(3), in effect 

prior to May 13, 2009, (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. 

Under section 328.65, in effect prior to May 13, 2009, (now section 382.155), carriers are 

required 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, in effect prior to May 13, 2(X)9, (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. 

This order finds that on a number of occasions Delta failed to comply with these requirements. 

Background 

The Office of Aviation Enforcement and Proceedings (Enforcement Office) investigated Delta's 

compliance with the relevant provisions of Part 382 by reviewing all disability-related 

complaints Delta received directly from passengers during 12 week-long intervals in 2001 and 

2008, as well as all disability-related complaints the Department received directly from Deka 

passengers during 2(X)7 and 2008. The Enforcement Office also reviewed training and other 

documentation related to Delta's wheelchair assistance vendor operations at the Atlanta 

Hartsfield International and John F. Kennedy airports. 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.^ Additionally, Delta's complaint files indicated that in many instances. 

Delta 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. Furthermore, it 

appears that a number of its written responses to complainants did not comply with the 

requirements of section 382.65 [now section 382.155]. In addition to these findings, the 

Enforcement Office noted an upward trend in the number of disability-related complaints Delta 

reported annually following a 2003 consent order against the carrier, also for violations of 

sections 382.39 and 382.65, in which the carrier agreed to adopt significant measures to improve 

^ hi prior enforcement actions, e.g. Docket OST-2010-0005-0026 (August 31, 2010), the Aviation Enforeeraent 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 

aiiplane for over 15 minutes after the other passengers deplaned; (2) a non-ambulalory 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 providmg 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 mconvenicnce because of inadequate assistance. 
service and reduce complaint levels.** The violations found in 2007 and 2008 following the 2003 

consent order directing Delta to cease and desist from further violations of 14 CFR Part 382 and 

49 U.S.C. §§ 41310, 41702, 41705 and 41712 also constitute violations of that order.^ 

Mitigation 

In mitigation, Delta states that it takes its responsibilities under the ACAA and Part 382 very 

seriously and values its customers with disabilities. Delta states that it has established industryleading programs for its customers with disabilities and continually strengthens its programs by 

creating new structures to oversee, manage, and enhance services provided to customers with 

disabilities. Delta believes that the new structures, together with other disability-program 

enhancements, demonstrate Delta's total commitment to its long-standing policy of full 

compliance with all applicable legal requirements. Delta states that the number of complaints 

Delta receives from customers with disabilities represents a miniscule fraction of the disability 

community Delta carries. According to Delta, to accomplish its policy objectives with respect to 

passengers with disabilities, it has committed and continues to commit substantial sums of 

money and other resources to the advancement and protection of the interests of its customers 

with disabilities. Delta notes that it has instituted numerous programs, systems, training 

enhancements, and procedures, which it continually expands and refines through cross-divisional 

teams and dedicated staff, in order to meet the needs of its customers with disabilities and to 

ensure compliance with all applicable requirements pertaining to travelers with disabilities. 

Delta also states that it has created strong relationships with organizations representing the 

disability community, including the establishment of an industry-leading advisory board 

composed of individuals representing a cross section of disabilities. In this regard, Delta points 

out that it has established a cross divisional Disability Compliance Council for the express 

purpose of overseeing, managing, and improving all aspects of Delta's policies, procedures, and 

technologies to address the needs of passengers with disabilities. 

Additionally, Delta states that it is taking the following significant actions to enhance its service 

to customers with disabilities; 

1. Deha is investing in industry-leading irmovative technology to communicate with vendors 

and to track in real time the needs of customers with disabilities and the resource availability 

to ensure that wheelchairs and personnel are ready and available to meet customers needing 

assistance in a prompt and timely manner. 

2. Delta is making a number of significant changes to its website to increase services for 

customers with disabilities, including (i) allowing its customers to specify the type of 

wheelchair assistance they require at the time they are booking a flight; (ii) adding a video to 

Delta's website to help alleviate anxiety by demonstrating the customer experience and 

showing the services that customers with disabilities will receive; (iii) automatically 

displaying flights with more convenient connecting times for customers requiring special 

4 See Delia Air Unes. Inc. Violations of 14 CFR Pan 382 and 49 U.S.C. §§ 41310. 41702. 4/705 and 41712, Order 200i-\\-4 ([November 10, 

2003). 

^W. al4. 
assistance; (iv) providing automatic notice to customers of the receipt of a "Special Service 

Request" ("SSR") and providing information that explains what they can expect at the 

airport; and (v) implementing automation that ensures that SSRs are automatically 

transferred to a new flight in the event of a flight interruption. 

3. Delta is employing improved technology to transmit SSRs automatically and directly to 

airport service vendors over secure connections to enhance the vendors' ability to allocate 

resources and to provide timely service. 

4. Delta is providing customers with disabilities (who have valid e-mail addresses) with a 

Customer Service Survey within 24 hours of their travel in order to obtain real-lime feedback 

on the service provided. 

5. Delta is implementing enhanced airport audits to assess vendor performance, share best 

practices, and develop process improvements. 

6. Delta is investing tens of millions of dollars in facility improvements that will improve 

service to its customers with disabilities, including elevator installation and additional 

jetways for regional jet access. 

Finally, Delta has agreed to settle this matter without admitting to violations to avoid the burden 

and expense of litigation. Delta believes that the interests of Delta, the Department, and the 

flying public are better served through settlement of this matter - so that resources may be 

dedicated to improving customer service, radier than expended in further litigation. 

Decision 

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

continues to believe that enforcement action is warranted. In order to avoid litigation. Delta 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 $2,000,000 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 Delta and 

other carriers. 

This order is issued under the authority contained in 49 CFR 1.57(a) 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 Delta Air Lines, Inc., violated the requirements of 14 CFR 382.39 (now 

sections 382.91 - 382.95 and 382.101 -382.105) by failing to provide adequate and 

prompt enplaning and deplaning wheelchair assistance to passengers with disabilities; 
3. We find that Delta Air Lines, 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 Delta Air Lines, Inc., 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 Delta Air Lines, Inc., in the instances described in ordering paragraphs 2 

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

6. We find that, to the extent that certain of the instances described in ordering paragraphs 2 

through 4 occurred in foreign air transportation, Delta Air Lines, Inc., violated 

49 U.S.C. §41310; 

7. We find that, to the extent that certain of the instances described in ordering paragraphs 2 

through 4 occurred in interstate air transportation. Delta Air Lines, Inc., violated 

49 U.S.C. § 41702; 

8. We find that the violations described in ordering paragraphs 2 through 7 are unfair and 

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

9. We order Delta Air Lines, 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 through 8; 

10. We assess Delta Air Lines, Inc., $2,000,000 in compromise of civil penalties that might 

otherwise be assessed for the violations founds in ordering paragraphs 2 through 8, 

above; 

(a) $750,000 of the assessed civil penalty shall be due and payable within 30 days of 

the service date of this order; 

(b) Up to $834,000 of the assessed penaUy shall be credited to Delta Air Lines, Inc., 

for funds expended within eighteen months from the service date of this order, toward the 

development and implementation of an automated wheelchair tracking system at the 

carrier's major hub airports subject to the following: The system shall, among other 

things, be capable of generating reports of the carrier's wheelchair assistance 

performance; 

(c) Up to $236,000 of the assessed penalty shall be credited to Delta Air Lines, Inc., 

for funds expended within eighteen months after the service date of this order toward the 

development and distribution of a customer service survey to passengers with disabilities 

immediately following their travel asking them to rate the carrier on the accommodation 

services provided and soliciting specific feedback on how the carrier can improve; 

(d) Up to $150,000 shall be credited to Delta Air Lines, Inc., for funds expended 

within eighteen months after the service date of this order toward expanded corporate-
level Part 382 compliance auditing and consulting at airports. These additional 

responsibilities shall include the following: 

i. Conducting ad hoc audits of passenger complaints to monitor the adequacy of 

performance standards and metrics related to Part 382 compliance and to 

identify areas for performance improvement; 

ii. Conducting root cause analyses of Part 382 compliance problems; 

iii. Recommending process improvements to enhance Part 382 compliance to 

reduce disability-related complaints; 

iv. Identifying and reporting best practices for Part 382 compliance and sharing 

them system-wide; and 

V. Reviewing the responses to the customer service surveys covered in c. above; 

Delta shall provide a detailed airport audit plan to the Enforcement Office within 

180 days of the service date of this order outlining the specific audits to be undertaken 

over the eighteen months following the service date of this order; and 

(e) Up to $30,(XX) shall be credited to Delta Air Lines, Inc., for funds expended 

within 180 days of the service date of this order toward developing and implementing the 

following or substantially similar enhancements to its website to improve air travel 

accessibility: 1) the capability for a passenger to add a special service request (SSR) 

when booking a reservation online indicating the specific type of wheelchair assistance 

needed; 2) an automatic advisory of recommended connecting times to passengers 

booking a reservation online with an SSR; 3) notice to passengers when an SSR is 

received including information on what to expect at the airport, and 4) an online video 

demonstrating the wheelchair enplaning and deplaning process; 

11. Within 21 months of the date this order becomes final. Delta Air Lines, Inc., shall 

provide the Department with supporting documentation verifying the expenditures in 

connection with the offsets listed in subparagraphs 10(b), 10(c), 10(d) and 10(e) above. 

This documentation must contain a description of the expenditures associated with each 

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; 

12. To the extent that Delta Air Lines, Inc., fails to provide adequate documentation verifying 

the appropriate expenditures of the $1,250,(X)0 in offsets as described in order 

subparagraphs 10(b), 10(c), 10(d), and 10(e), the amount of any specific offset items not 

adequately documented shall become due and payable within 30 days of the due date of 

the certification required by paragraph 11; 

13. The offsets described in subparagraphs 10(b), 10(c), 10(d) and 10(e) may be amended 

with the approval of the Department's Office of Aviation Enforcement and Proceedings. 
If Delta Air Lines, Inc., intends to seek a change in the type and/or amoimt 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 11; and 

14. 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. The wire 

transfers shall be executed in accordance with the attached instructions. 

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

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

BY: 

ROSALIND A. KNAPP 

DEPUTY GENERAL COUNSEL 

(SEAL) 

An electronic version of this document is available at http://www. resulations. gov.