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Air Consumer

AirTran Airways, Inc. 2010-8-14

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.

Comair, Inc. 2010-7-18

This consent order concerns violations by Comair, Inc., (Comair)1 of the Department’s oversales rule (14 CFR Part 250), the statutory provision requiring carriers to report oversales and other data to the Department (49 U.S.C. § 41708), and the statutory prohibition against engaging in unfair and deceptive practices by air carriers and ticket agents (49 U.S.C. § 41712). The violations stem from the carrier’s failures on oversold flights to 1) solicit volunteers to give up their seats before denying boarding to passengers against their will, 2) provide passengers who were involuntarily denied boarding with the appropriate amount and type of denied boarding compensation (DBC) in a timely manner, and 3) file required reports accurately stating the total numbers of passengers who were involuntarily denied boarding. The order directs Comair to cease and desist from such further violations and assesses a civil penalty of $275,000.

Compania Panameña de Aviation, S.A. 2010-7-15

This order concerns violations by Compania Panameña de Aviation, S.A., (COPA Airlines) of the requirements of 14 CFR Part 382 (Part 382), the Department’s regulation implementing the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar year 2009.

Compania Panameña de Aviation, S.A. - July 15, 2010

This order concerns violations by Compania Panameña de Aviation, S.A., (COPA Airlines) of the requirements of 14 CFR Part 382 (Part 382), the Department’s regulation implementing the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar year 2009. Violations of Part 382 also constitute violations the ACAA. This order directs COPA Airlines to cease and desist from future violations of Part 382 and ACAA, and assesses the carrier a compromise civil penalty of $20,000.

Delta Air Lines, Inc. and Northwest Airlines, Inc. 2010-7-4

This order concerns apparent violations by Delta Air Lines, Inc., (Delta), and its operating subsidiary Northwest Airlines, Inc.1
Section 257.4 of the code-share disclosure rule states that the holding out or sale of scheduled passenger air transportation involving a code-share arrangement is an unfair and deceptive trade practice in violation of 49 U.S.C. § 41712 unless, in conjunction with that holding out or sale, carriers follow certain notice requirements, including those of 14 CFR 257.5(a) and (d).

Sceptre Tours, Inc. 2010-6-23

This consent order concerns internet advertisements by Sceptre Tours, Inc. (Sceptre Tours) that violate the Department’s advertising requirements specified in section 399.84 of the Department’s regulations and constitute unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This order directs Sceptre Tours to cease and desist from such further violations and assesses Sceptre Tours a compromise civil penalty of $30,000.

Cayman Airways Limited 2010-6-21

This order concerns violations by Cayman Airways Limited (Cayman Airways) of the requirements of 14 CFR Part 382 (Part 382), with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar year 2009, and violations of a previous consent cease and desist order against Cayman Airways regarding reporting of disability-related complaints.1 Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA.

Mercy Flights, Inc. 2010-6-18

This order concerns the unlawful holding out of direct air transportation by Mercy Flights, Inc., (“Mercy Flights”), an air taxi operator registered with the United States Department of Transportation (“Department”) pursuant to 14 CFR Part 298 specializing in air ambulance services. As described more fully herein, by holding itself out to the public as an operator of an aircraft that it did not operate, Mercy Flights exceeded the scope of the economic authority conferred by its registration as an air taxi under 14 CFR 298.21, and thus violated 49 U.S.C. § 41101, the Department’s economic licensing requirement for air carriers. In addition and in so doing, Mercy Flights violated the statutory prohibition against unfair and deceptive practices in the sales of air tranportation, 49 U.S.C. § 41712. This consent order directs Mercy Flights to cease and desist from such further violations and assesses $30,000 in compromise of civil penalties against Mercy Flights.

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