Order 2010-8-14

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the 30th day of August, 2010

 AirTran Airways, Inc. Docket OST-2010-0005

 Violations of 14 CFR Part 382 and 49 U.S.C. §§ 41310, Served August 30, 2010,

 41702, 41705, and 41712

CONSENT ORDER

This order concerns violations by AirTran Airways, Inc., (AirTran) of the requirements of 

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

disability, making dispositive responses to written complaints alleging a violation of Part 382,

and properly categorizing its disability-related complaints. 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; and the ACAA and Part 382 violations are unfair and deceptive practices in 

violation of 49 U.S.C. § 41712. This order directs AirTran to cease and desist from future 

violations of Part 382 and the ACAA and assesses the carrier $500,000 in civil penalties. 

Applicable Law

Under section 382.39 [now sections 382.91 to 382.105], carriers must provide passengers with 

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

the provision of services 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 
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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 [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. 

Background

Based on a visit to AirTran’s Atlanta headquarters, the Office of Aviation Enforcement and 

Proceedings (the Enforcement Office) decided to further investigate AirTran’s compliance with 

the relevant portions of Part 382 by requesting that the carrier provide copies of all disabilityrelated complaints it received directly from passengers in January, March, May, July, September, 

and November of calendar years 2007, 2008, and 2009 (through June 30, 2009) and reviewing 

each of these complaints. The Enforcement Office also reviewed all disability-related 

complaints the carrier received in June, August, and December of 2008, as well as disability 

complaints against AirTran sent directly to the Department. 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 small number of these complaints appear to involve egregious 

violations of Part 382.1

 Additionally, AirTran’s complaint files indicated that in numerous 

instances, it did not provide a written response to the complainant that complied with the 

requirements of section 382.65 [now section 382.155]. Furthermore, AirTran 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.

Mitigation

In mitigation, AirTran states that it maintains a robust commitment to properly serving its 

disabled customers and its success in doing so is best evidenced by the fact that the total number 

of disability-related complaints that it received during 2007, 2008, and 2009 represented less 

than one-half of one percent of the total number of disabled passengers that it carried in each of 

those years. AirTran states that these statistics were found to be virtually the same if only 

wheelchair-related complaints were considered. 

 1 In prior enforcement actions, e.g., Docket OST-01-10598 (February 8, 2002), the Enforcement Office 

found 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.
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AirTran notes that it has taken steps to improve upon the delivery of disability-related assistance, 

as well as its handling and response time to consumer complaints. AirTran explains that it has 

established a cross divisional Disability Compliance Council led by the carrier’s senior officers 

to oversee, manage, and continually improve all aspects of its disability compliance program and 

to act as an advocate for disabled passengers. AirTran states that the Council’s actions will be 

described in a special edition of its employee communications newsletter, “Altitudes,” and 

highlighted quarterly thereafter. According to AirTran, these articles will provide information on 

the carrier’s total commitment to addressing the needs of its disabled passengers and the steps 

that are expected of all employees to satisfy that commitment. AirTran states that this senior 

level commitment will also be emphasized in the carrier’s various training programs. To even 

further demonstrate this commitment, AirTran explains that it has created a special management 

position to proactively address the needs of the disabled passenger as distinct from the carrier’s 

Complaint Resolution Officials (CRO), have a more reactive role. The carrier states that it is 

also in the process of developing a digital knowledge base tool to assist frontline employees with 

proper handling requirements and techniques in assisting disabled passengers as well as 

enhancing the overall training program by incorporating the senior management commitments

into the program.

AirTran states that it has also revised its training procedures for responding to complaints from 

disabled passengers and created a dedicated position to respond to disability-related complaints 

and this work will be completed under the supervision of a manager who will review each 

response. AirTran states that its internal audit department in turn conducts quarterly audits of 

these responses. 

AirTran states that to enhance and quicken the response time for wheelchair-related complaints,

it is developing an automated wheelchair tracking system for use at its major hub airports

whereby wheelchair assistance information will be entered on a real time basis into the 

passenger’s name record. AirTran notes that this centralized record will permit it to 

continuously monitor its own performance on a real time basis and to respond to passenger 

complaints on a much more time-efficient basis and with greater detail than is otherwise required 

by Part 382.

Decision

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

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

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 $500,000 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 AirTran and other carriers.
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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 AirTran Airways, 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 AirTran Airways, 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 AirTran Airways, 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 AirTran Airways, Inc., in the instances described in ordering paragraphs 2 

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

6. We find that to the extent the violations described in ordering paragraphs 2 through 4

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

7. We find that to the extent the violations described in ordering paragraphs 2 through 4 

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

8. We find that the violations described in ordering paragraphs 2 through 4 involved unfair 

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

9. We order AirTran Airways 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 4;

10. AirTran Airways, Inc., is assessed $500,000 in compromise of civil penalties that might 

otherwise be assessed for the violations found in ordering paragraphs 2 through 8, above;

a. $300,000 of the assessed penalty shall be due and payable within 30 days of the 

service date of this order; 

b. Up to $60,000 of the assessed penalty shall be credited to AirTran Airways, Inc., 

for funds expended toward the establishment of a Disability Compliance Council

and the hiring of a Manager of Disability Accommodations within one year from 

the service date of this order, subject to the following conditions:
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i. The Disability Compliance Council shall be composed of senior officers 

responsible for customer interface who, among other things, will meet 

monthly to address disability-related issues and contribute articles 

discussing the proper handling of passengers with disabilities to the 

carrier’s quarterly employee communication newsletter; and

ii. The Manager of Disability Accommodations shall proactively address 

issues related to passengers with disabilities as distinct from the reactive 

responsibilities residing in the Complaint Resolution Officials by, among 

other things, monitoring complaints and complaint data as well as 

cumulative reports obtained from the automated wheelchair tracking 

system, discussed in ordering paragraph 10(c), and pursuing corrective 

action as needed; and

c. Up to $140,000 of the assessed penalty shall be credited to AirTran Airways, Inc., 

for funds expended toward the development and implementation of an automated 

wheelchair tracking system at the carrier’s major hub airports within one year 

from the service date this order, subject to the following:

i. The system shall, among other things, continually generate real-time 

reports of the carrier’s wheelchair assistance performance; and

ii. AirTran shall provide the Department with copies of these reports upon 

request;

11. Failure to pay the penalty as ordered shall subject AirTran Airways, 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. 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;

12. Within 13 months of the service date of this order, AirTran Airways, Inc., shall provide 

the Department with supporting documentation verifying the cost of the offsets listed in 

paragraph 10 above. The documentation must contain a detailed explanation of the 

method used by AirTran Airways, Inc., to determine the cost of the 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;

13. To the extent AirTran Airways, Inc., fails to provide adequate documentation verifying 

the appropriate expenditure of the $200,000 in offsets as described in ordering paragraphs 

10(b) and (c) and 12, that amount shall become due and payable within 30 days of the 

date of the certification required by paragraph 12; and
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14. The offsets described in paragraph 10(b) and (c) may be amended with the approval of 

the Department’s Office of Aviation Enforcement and Proceedings. If AirTran Airways, 

Inc., intends to seek a change in the type of improvement 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 12.

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