About this Order

This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) of the August 8, 2009, tarmac delay incident at Rochester International Airport involving Continental Express flight 2816, operated by ExpressJet Airlines, Inc. (ExpressJet) in air transportation provided to the public by Continental Airlines, Inc. (Continental). The ExpressJet operated flight was diverted to Rochester because weather precluded landing at the destination airport-Minneapolis/St. Paul International Airport. The investigation revealed Continental's procedures pertaining to lengthy ground delays were not followed on that flight in violation of 49 U.S.c. § 41712. Continental is an air carrier as defined by 49 U.S.c. § 40102(a)(2), 1 which subjects it to the prohibitions against unfair and deceptive practices in air transportation contained in 49 U.S.c. § 41712. The order directs Continental to cease and desist from future similar violations of section 41712 and assesses the carrier $50,000
in civil penalties.