Order 2010-2-27

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Sixth Day of February, 2010

Bahamasair Holdings Limited Served: February 26, 2010

 

Violations of 49 U.S.C. § 41705

and 14 CFR Part 382 Docket: DOT-OST-2010-0005

CONSENT ORDER

This order concerns violations by Bahamasair Holdings Limited (Bahamasair) of the 

requirements of 14 CFR Part 382 (Part 382), with respect to the filing of annual reports

detailing disability-related complaints that Bahamasair received from passengers in each 

calendar year between 2004 and 2008. 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 Bahamasair to cease and desist from future similar violations of Part 382 

and the ACAA and assesses the carrier $15,000 in civil penalties.

Under section 382.70 (recodified as section 382.157),

1 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, submit an annual report to the U.S. Department of Transportation 

(Department) summarizing the disability-related complaints that they received the prior 

calendar year.2

 

1 On May 13, 2009, 14 CFR 382.70 changed to 14 CFR 382.157; however, its relative substance 

remains the same.

 The annual report to the Department is due each year on the last Monday

2 In addition, the rule requires a carrier to record complaints that it receives alleging discrimination 

or inadequate accessibility on the basis of a disability. The complaints are to be categorized according to 

the passenger’s type of disability and the nature of the complaint. The rule also requires that covered 
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in January. The first annual report covering calendar year 2004 was due to the 

Department on January 24, 2005, the second report covering calendar year 2005 was due 

on January 30, 2006, the third report covering calendar year 2006 was due on January 29, 

2007, the fourth report covering calendar year 2007 was due on January 28, 2008, and the 

fifth report covering calendar year 2008 was due on January 26, 2009. 

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 carriers, 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 382.70, including 

providing carriers and carrier associations information about the disability reporting 

requirements and posting a copy of the disability reporting rule on its Aviation Consumer 

Protection Division’s website. 

Bahamasair is a foreign air carrier based in Nassau, Bahamas that operates scheduled 

service to and from the United States using at least one aircraft having a design seating 

capacity of more than 60 passenger seats. Bahamasair’s operations into the United States 

clearly fall within the scope of the reporting rule. Therefore, Bahamasair violated section 

382.70 and the ACAA when it submitted to the Department the report for calendar year 

2004 on April 4, 2005, sixty-three days late, the report for calendar year 2005 on February 

8, 2006, nine days late, the report for calendar year 2006 on January 31, 2007, two days 

late, the report for calendar year 2007 on January 31, 2008, three days late and the report 

for calendar year 2008 on February 25, 2009, over four weeks late. 

In mitigation, Bahamasair states that it is a small Caribbean airline with limited budgetary 

and human resources, facing greater challenges than most carriers in meeting non-critical

administrative requirements, especially in light of time constraints and conflicting 

priorities arising during the busy opening weeks of a new year. Bahamasair states further 

that it has nevertheless consistently met the requirements of section 382.70 insofar as 

disability-related complaints need to be monitored, categorized, recorded and retained on 

an ongoing basis (and, in fact, there were no such complaints received by Bahamas air 

during the reporting years 2006-08, and only one complaint concerning a damaged 

wheelchair in 2009). Moreover, Bahamasair avers that because the Department first 

made Bahamasair aware in 2009 of its concerns regarding the timing of the carrier’s 

disability-related complaint report submissions, senior management personnel of 

Bahamasair did not learn of its consistent reporting deficiency until recently. Bahamasair 

states that since learning of the reporting tardiness, Bahamasair has cooperated fully with 

the Department and has implemented robust internal procedures and clear lines of 

 

carriers retain a copy of each disability-related complaint that the carrier receives and a record of the action 

taken on the complaint for three years.
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responsibility to ensure that its future disability-related complaints reports will be filed

timely, no later than the last Monday in January.

We view seriously Bahamasair’s failure to submit its report on time as required by section

382.70. 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 Bahamasair failed to submit timely its annual 

reports detailing the disability-related complaints it received in calendar years 2004, 

2005, 2006, 2007, and 2008 in violation of 14 CFR Part 382 and 49 U.S.C. § 41705. 

In order to avoid litigation, Bahamasair Holdings Limited has agreed to settle this matter 

with the Enforcement Office and enter into this consent order directing Bahamasair

Holdings Limited to cease and desist from future similar violations of Part 382 and 49 

U.S.C. § 41705, and assessing $15,000 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 future noncompliance with the 

Department's reporting requirements by Bahamasair Holdings Limited, 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 Bahamasair Holdings Limited has violated 14 CFR 382.70 by failing 

to submit timely is annual reports detailing the disability-related complaints it 

received in calendar years 2004, 2005, 2006, 2007, and 2008 to the Department of 

Transportation summarizing the disability-related complaints that it received in 

those calendar years;

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

paragraph 2 above, Bahamasair Holdings Limited also violated 49 U.S.C. § 41705;

4. Bahamasair Holdings Limited and all other entities owned or controlled by 

Bahamasair Holdings Limited, its successors and assignees are ordered to cease and 

desist from further violations of 14 CFR 382.70 [now section 382.157(d)] and 49 

U.S.C. § 41705;

5. Bahamasair Holdings Limited is assessed $15,000 in compromise of civil penalties 

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

and 3 above. Of this total penalty amount, $7,500 shall be due and payable within 

30 days after the service date of this order. The remaining $7,500 will become due 

and payable if Bahamasair Holdings Limited violates 14 CFR 382.157(d) within 
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one year following the date of issuance of this order, or fails to comply with the 

payment provisions of this order, in which case the entire unpaid portion of the civil 

penalty shall become due and payable immediately, and Bahamasair Holdings 

limited may be subject to additional enforcement action for failure to comply with 

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 Bahamasair Holdings Limited 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