Order 2014-11-14

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the 19th day of November, 2014

China Eastern Airlines Co., Ltd. Served: November 19, 2014 

Violations of 14 CFR Part 244 and 

 49 U.S.C. § 41708 Docket OST-2014-0001

CONSENT ORDER

This consent order concerns violations by China Eastern Airlines Co., Ltd. (China 

Eastern) of 14 CFR Part 244 and 49 U.S.C. § 41708. Specifically, the carrier failed to 

file the required tarmac delay data for a lengthy tarmac delay with the Department of 

Transportation (Department). This order directs China Eastern to cease and desist from 

future similar violations of 14 CFR Part 244 and 49 U.S.C. § 41708 and assesses the 

carrier $10,000 in civil penalties.

I. Applicable Law

Section 244.3 of the Department’s regulations requires certain carriers to file Bureau of 

Transportation Statistics (BTS) Form 244 “Tarmac Delay Report” with the Office of 

Airline Information (OAI) on a monthly basis for each month in which at least one 

tarmac delay of three hours or more occurred. The data are then published and made 

available to the public in a useable format in the Department’s monthly Air Travel 

Consumer Report (ATCR), which, among other things, lists all regularly scheduled 

international flights with tarmac delays of four hours or more.1

 The ATCR data in 

 1 See Air Travel Consumer Report, available at http://airconsumer.dot.gov.
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question are used for a number of purposes, including by the traveling public to choose 

among transportation options, by the Department as a basis for conducting enforcement

investigations, and by carriers as a basis for making advertising claims regarding the 

quality of their service compared to other carriers. It is imperative, therefore, that ATCR 

data be accurate. Violations of section 244.3 also constitute violations of 

49 U.S.C. § 41708.

Facts and Conclusions

China Eastern is a foreign air carrier that operates scheduled service to John F. Kennedy 

International Airport (JFK), a large hub airport, using at least one aircraft having a design 

seating capacity of more than 30 passenger seats. Prompted by a consumer complaint, 

the Office of Aviation Enforcement and Proceedings (Enforcement Office) investigated 

and found that on February 21, 2014, China Eastern flight MU587 bound for JFK 

diverted to Washington Dulles International Airport (IAD), where it experienced a tarmac 

delay of 4 hours and 10 minutes.2

 China Eastern, however, failed to timely file the 

required BTS Form 244 “Tarmac Delay Report” with the Department’s Bureau of 

Transportation Statistics’ Office of Airline Information covering flight MU587 as 

required by Part 244. The Department first learned of the tarmac delay experienced by 

flight MU587 after reviewing a complaint it received from a consumer aboard flight

MU587 alleging that he experienced a lengthy tarmac delay. China Eastern’s failure to 

file a Tarmac Delay Report for flight MU587 is a violation of 14 CFR 244.3 and 49 

U.S.C. § 41708. 

Mitigation

In mitigation, China Eastern states that it is fully committed to complying with all of the 

Department’s consumer protection and reporting requirements, including those 

concerning tarmac delays. According to China Eastern, flight MU587 was unexpectedly 

diverted from JFK to IAD due to the closure of airspace in the Northeast corridor as a 

result of heavy fog that persisted subsequent to the diversion. China Eastern notes that 

while the flight did experience a delay of more than four hours calculated from wheels 

down to wheels up, the delay was under four hours when calculated from the time the 

aircraft completed its taxi-in and parked at a remote apron to when the aircraft received 

take-off clearance and began to taxi out. China Eastern asserts that it takes its reporting 

obligations seriously and understands the importance of ensuring the accuracy and 

timeliness of the data it reports to the Department. Because IAD is not a regularly 

scheduled destination for China Eastern, China Eastern states that it took the company 

time to conduct a full investigation of the delay and to obtain accurate information for 

purposes of filing its required Part 244 tarmac delay report, which resulted in a delayed 

filing. China Eastern notes that the delayed filing was caused by its focus on providing 

 2 Although China Eastern violated 14 CFR 259.4, the Department’s rules prohibiting lengthy tarmac delays,

China Eastern was issued a warning because of the mitigating circumstances that surrounded the lengthy 

tarmac delay experienced by flight MU587.
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the Department with accurate information and was in no way an attempt to circumvent 

the Department's tarmac delay reporting requirements.

Decision

We view seriously China Eastern’s violation of 14 CFR Part 244 and 

49 U.S.C. § 41708. Accordingly, after carefully considering all the facts in this case, 

including those set forth above, the Enforcement Office believes that enforcement action 

is warranted. 

In order to avoid litigation, and without admitting the violations described above, China 

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

consent order, which directs China Eastern to cease and desist from future similar 

violations of 14 CFR Part 244 and 49 U.S.C. § 41708, and assesses $10,000 in 

compromise of potential civil penalties otherwise due and payable. The 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 China Eastern and other carriers.

This order is issued under the authority contained in 49 CFR Part 1.

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 China Eastern Airlines Co. Ltd., violated 14 CFR Part 244 by failing 

to file a BTS Form 244 with the Department setting forth the information 

surrounding the tarmac delay experienced by flight MU587; 

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

paragraph 2, above, China Eastern Airlines Co. Ltd., violated 49 U.S.C. § 41708;

4. We order China Eastern Airlines Co. Ltd., and all other entities owned or controlled 

by, or under common ownership and control with China Eastern Airlines Co. Ltd., 

its successors, affiliates, and assigns, to cease and desist from further violations of 

14 CFR Part 244 and 49 U.S.C. § 41708; 

5. We assess China Eastern Airlines Co. Ltd., $10,000 in civil penalties in 

compromise of civil penalties that might otherwise be assessed for the violations 

found in ordering paragraphs 2 through 3 above. Of this total penalty amount, 

$5,000 shall be due and payable within 60 days of the issuance of this order. The 
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remaining portion of any unpaid civil penalty shall become immediately due and 

payable if, within one year of the date of this order, China Eastern Airlines Co. Ltd. 

violates this order’s cease and desist or payment provision, in which case China 

Eastern Airlines Co. Ltd. my become subject to additional enforcement action for 

any violation of the order; and 

6. We order China Eastern Airlines Co. Ltd., to pay the penalty through Pay.gov to the 

account of the U.S. Treasury in accordance with the instructions contained in the 

Attachment to this order. Failure to pay the penalty as ordered shall subject China 

Eastern Airlines Co. Ltd., to the assessment of interest, penalty, and collection 

charges under the Debt Collection Act and to further enforcement action for failing 

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:

BLANE A. WORKIE 

Acting Assistant General Counsel for 

Aviation Enforcement and Proceedings

An electronic version of this document is available at

www.regulatons.gov