Order 2011-7-4

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Eleventh day of July, 2011

 Atlantic Southeast Airlines Docket OST-2011-0003

 Violations of 14 CFR Part 382 and Served July 11, 2011

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

CONSENT ORDER

This consent order concerns violations by Atlantic Southeast Airlines (Atlantic Southeast) of the 

requirements of 14 CFR Part 382 (Part 382) with respect to providing wheelchair assistance to 

passengers with a disability. 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 

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. 

The Department’s Rule Protecting Disabled Travelers

Under sections 382.91 through 382.105 [formerly section 382.39], carriers must provide 

passengers with disabilities assistance in enplaning and deplaning aircraft. This includes, as 

needed, assistance from airline/contractor personnel and the use of wheelchairs, ramps, and 

mechanical lifts.

During June 2010, the Office of Aviation Enforcement and Proceedings (Aviation Enforcement 

Office) conducted a review and inspection at Atlantic Southeast’s Atlanta offices and airport 

operations regarding the carrier’s compliance with Department consumer protection 

requirements. The Aviation Enforcement Office reviewed, among other things, disability related 

complaints received by the carrier from January 2009 through May 2010. That review disclosed 

a number of apparent violations of sections 382.91 through 382.105 [formerly section 382.39] 
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during the pertinent time period. A number of these complaints appear to involve egregious 

violations of Part 382.1

Mitigation

In mitigation, Atlantic Southeast explains that many of the complaint files identified by the 

Department in this matter involved services provided to passengers ticketed on Delta Air 

Lines, Inc. (Delta). Atlantic Southeast further explains that during the relevant period, its 

major carrier partner exclusively handled passenger sales, reservation, and recordkeeping 

functions, as well as most terminal services, for passengers on Atlantic Southeast flights, and 

was the party primarily responsible for direct customer care. For example, Atlantic 

Southeast states that its major carrier partners maintain primary responsibility for managing 

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

382. Further, Atlantic Southeast states that the majority of complaint files at issue involved 

wheelchair services provided at Delta’s hub in Atlanta – where its major carrier partner

maintains exclusive control over the contractors that provided enplaning/deplaning/

connecting wheelchair assistance to their passengers with disabilities. With respect to flights 

at Atlanta, Atlantic Southeast states that it relied exclusively on its major carrier partner

and its wheelchair service contractor to meet the regulatory responsibility for terminal 

wheelchair assistance that section 382.91 assigns to Atlantic Southeast when it delivers or 

receives a disabled passenger requiring such assistance.

Atlantic Southeast 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 Atlantic Southeast, a major carrier, or a service contractor. Atlantic Southeast 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. Atlantic Southeast

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 an Atlantic 

Southeast flight is involved.2

 1 In prior enforcement actions, e.g. Docket OST-2010-0005 (August 30, 2010); Docket OST-01-10598 

(February 8, 2002), 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. 

2 Atlantic Southeast also notes that the mitigation efforts and corrective action undertaken by Delta in 

response to an Enforcement Office investigation of alleged ACAA and related violations at Atlanta Hartsfield were 

recognized by the Department as having addressed many of the problems dealt with here. See Delta Air Lines, Inc., 

Violations of 14 CFR Part 382 and 49 U.S.C. §§ 41310, 41702, 41705 and 41712, Order 2010-2-11, at 4 (February 

17, 2011).
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Decision

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

Southeast but believes that enforcement action is warranted. In order to avoid litigation, ASA

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 Part 382 and 

49 U.S.C. §§ 41310, 41702, 41705, and 41712, and assessing Atlantic Southeast $200,000 in 

compromise of potential civil penalties otherwise due and payable pursuant to 49 U.S.C. 

§ 46301.3 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 Atlantic Southeast 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 Atlantic Southeast Airlines violated the requirements of 14 CFR 382.91 through 

382.105 [formerly section 382.39] by failing to provide passengers with disabilities adequate 

and prompt enplaning and deplaning wheelchair assistance;

3. We find that Atlantic Southeast Airlines in the instances described in ordering paragraph 2 

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

4. We find that to the extent the violations described in ordering paragraph 2 occurred in 

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

5. We find that to the extent the violations described in ordering paragraph 2 occurred in 

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

6. We find that the violations described in ordering paragraphs 2 through 5 involved unfair and 

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

7. We order Atlantic Southeast Airlines and its successors and assigns to cease and desist from 

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

engaging in the conduct described in ordering paragraphs 2 though 6;

8. We assess Atlantic Southeast Airlines a compromise civil penalty of $200,000 in lieu of civil 

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

through 6, above;

 3 This order covers all ACAA and Part 382 violations (including related violations of 49 U.S.C. §§ 41310, 

41702, 41705, and 41712) through the issuance date of this order by Atlantic Southeast and Atlantic Southeast’s 

wholly-owned subsidiary, Express Jet Airlines, Inc.
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a. $125,000.00 of the assessed civil penalty shall be due and payable within 30 days of the 

service date of this order;

b. Up to $35,000.00 of the assessed penalty shall be credited to Atlantic Southeast Airlines 

for the value of passenger lifts acquired by Atlantic Southeast Airlines and relocated to 

airports served by Atlantic Southeast Airlines to supplement and improve existing 

enplaning and deplaning assistance offered to passengers at those airports. Atlantic 

Southeast Airlines shall provide documentation to the Department’s Aviation 

Enforcement Office regarding the passenger lifts, including the market value of those lifts 

if they were sold, and the relocation of those lifts, within 45 days of the date of this order;

c. Up to $40,000 shall be credited to Atlantic Southeast Airlines for funds expended within 

twelve months after the service date of this order toward expanded corporate-level Part 

382 compliance auditing, station observations, and surveys regarding employee 

compliance with Part 382. These additional responsibilities shall include:

i. Conducting monthly station audits, station observations, and surveys to ensure Part 

382 compliance and identify areas needing improvement;

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

iii. Identifying and reporting process improvements and best practices for Part 382 

compliance; and

iv. Developing internal systems to share best practice updates developed through 

Atlantic Southeast Airlines’ auditing, observation, and survey activities described 

above and to implement those improvements system-wide;

d. With respect to those responsibilities required under paragraph 8.c., Atlantic Southeast 

shall provide:

i. A detailed airport audit plan to the Department’s Aviation Enforcement Office within 

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

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

ii. A detailed report to the Department’s Aviation Enforcement Office within 90 days of 

the service date of this order outlining the enhanced internal systems developed 

through Atlantic Southeast Airlines’ auditing and observation activities;

9. Within twelve months of the date this order becomes final, Atlantic Southeast Airlines shall 

provide the Department’s Aviation Enforcement Office with supporting documentation 

verifying the expenditures in connection with the offsets listed in subparagraphs 8(b) and 

8(c) 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 
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knowledge and that the official has made a reasonable inquiry to establish the accuracy of the 

statement; 

10. To the extent that Atlantic Southeast Airlines fails to provide adequate documentation 

verifying the appropriate expenditures of the $75,000 in offsets as described in

subparagraphs 8(b) and 8(c), that amount shall become due and payable within 30 days of the 

due date of the certification required by paragraph 9; 

11. The offsets described in subparagraphs 8(b) and 8(c) may be amended with the approval of 

the Department’s Aviation Enforcement Office. If Atlantic Southeast Airlines intends to seek 

a change in the type and/or amount of improvements made, it must notify and obtain 

approval from the Department’s Aviation Enforcement Office not later than 15 days prior to 

the date documentation is due pursuant to paragraph 9; 

12. 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; and

13. Failure to pay the penalty as ordered shall subject Atlantic Southeast Airlines 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.

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 at

http://www.regulations.gov