Delta Air Lines, Inc. 2011-2-10
About this 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 Delta1 to cease and desist from future violations of Part 382 and the ACAA and assesses the carrier $2,000,000 in civil penalties.