About this Order

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.