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Enforcement Order

Delta Air Lines, Inc. 2011-2-10

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.

Trinity Air Ambulance International LLC 2011-2-9

This consent order concerns the unlawful holding out of direct air transportation by Trinity Air Ambulance International LLC (Trinity), an indirect air carrier specializing in air ambulance services. The conduct in question exceeded the scope of the economic authority conferred in Civil Aeronautics Board (CAB) Order 83-1-36 and violated 49 U.S.C. § 41101, the Department’s economic licensing requirement for air carriers. Those violations also constituted an unfair and deceptive trade practice and unfair method of competition in violation of 49 U.S.C. § 41712. This consent order directs Trinity to cease and desist from such further violations and assesses Trinity a compromise civil penalty of $30,000.

Tour Beyond, Inc., d/b/a China Spree Travel 2011-2-6

This consent order concerns violations by Tour Beyond, Inc., d/b/a China Spree Travel (“China Spree Travel”), of the Department’s advertising requirements specified in sections 399.84 and 399.80(f) of the Department’s regulations (14 CFR 399.84, and 399.80(f)) that also constitute unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This order directs China Spree Travel to cease and desist from future violations and assesses the company a compromise civil penalty of $35,000.

Virgin America, Inc. 2011-2-5

This consent order concerns Internet advertisements by Virgin America, Inc., (Virgin America) that violate the advertising requirements specified in 14 CFR Part 399, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Virgin America to cease and desist from future violations of Part 399 and section 41712, and assesses the carrier a compromise civil penalty of $40,000.

Mesaba Aviation, Inc. 2011-1-4

This order concerns violations by Mesaba Aviation, Inc. (Mesaba) of the requirements of 14 CFR Part 382 (Part 382) with respect to providing wheelchair assistance to passengers with a disability and making dispositive responses to written complaints alleging a violation of Part 382. 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. This order directs Mesaba to cease and desist from future violations of Part 382 and assesses the carrier $125,000 in civil penalties.

Capital Airways, LLC 2011-1-2

This consent order concerns unauthorized air transportation by Capital Airways, LLC, (Capital Airways). Since at least April 2010, Capital Airways has engaged in air transportation without holding the requisite economic authority from the Department. This order directs Capital Airways to cease and desist from such future violations and assesses Capital Airways a compromise civil penalty of $175,000.

Aerovías de México, S.A. de C.V. 2011-1-1

This consent order concerns Internet advertisements by Aerovías de México, S.A. de C.V. (Aeromexico) that violated the full fare advertisement requirements specified in 14 CFR Part 399 as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Aeromexico to cease and desist from future violations of Part 399 and Section 41712, and assesses the carrier a compromise civil penalty of $60,000.

Insel Air International 2010-12-32

This consent order concerns reporting delinquencies by Insel Air International B.V. (Insel) that constitute violations of 49 U.S.C. § 41708 and the Department’s foreign air carrier reporting requirements (14 CFR Part 217). This order directs Insel to cease and desist from future violations, and assesses the carrier a compromise civil penalty of $20,000.

Société Air France 2010-12-26

This consent order results from Société Air France’s (Air France) policy to refuse reimbursement for certain items of luggage lost in international transit to or from the United States in violation of Article 17 of the Montreal Convention and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712. It directs Air France to cease and desist from future similar violations of Article 17 and section 41712, and assesses the carrier a compromise civil penalty of $100,000.

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