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Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

The attached complaint of the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) alleges that Northwest Airlines, Inc. (Northwest), violated a number of the requirements of 14 CFR Part 382, the Department's rule that implements the Air Carrier Access Act (49 U.S.C. § 41705) and prohibits discriminatory treatment of disabled persons in air transportation. The Enforcement Office seeks the assessment of $3,000,000 in civil penalties for the Air Carrier Access Act (ACAA), Part 382, and other violations described in the complaint. 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 also represent violations of 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. Moreover, the ACAA and Part 382 violations covered in the complaint are unfair and deceptive practices in violation of 49 U.S.C. § 41712.

DOT Press Release

By:  Samuel Podberesky

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

In light of the recent events affecting Northwest specifically, and the airline industry generally, all of the attention of Northwest's management is directed to the current crisis. Northwest is not in a position to effectively address the allegations in the complaint at this time.

Counsel:  Zuckert Scoutt, Frank Costello, 202.298.8660

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By motion served September 18, 2001, Northwest Airlines seeks a 30-day extension of time to file its answer and an indefinite postponement of all further dates pending the filing of the answer. Northwest states that "in light of recent events affecting Northwest specifically, and the airline industry generally, all of the attention of Northwest's management is directed to the current crisis" and that "Northwest is not in a position to effectively address the allegations in the complaint at this time." Pursuant to Rules I I and 408, for good cause shown, the motion, which is unopposed by the Assistant General Counsel for Aviation Enforcement and Proceedings, is granted. Northwest shall file its answer on or before October 24, 2001, and filings that were due to be filed on or before October 15, 2001, pursuant to our order of September 14, 2001, shall be filed on or before November 14, 2001.

By:  Ronnie Yoder

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Blane Workie

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

Pursuant to the Rules 11 and 408 of the Rules of Practice, Northwest Airlines, Inc. moves for a two-week extension of the time to answer and an indefinite postponement of all further dates pending the filing of that answer. Northwest's answer is due on or before October 24, 2001, and other filings must be submitted on or before November 14, 2001. Order, September 19, 2001, Docket OST-01-10598-4. The requested extension will permit Northwest to engage in settlement discussions with the Office of Aviation Enforcement and Proceedings. The Assistant General Counsel for Aviation Enforcement and Proceedings concurs in this motion.

Counsel:  Zuckert Scoutt, Frank Costello, 202.298.8660

Cook, Linda and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Ronnie Yoder

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Blaine Workie

Cook, Linda and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Ronnie Yoder

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Blaine Workie

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Rosalind Knapp and Zuckert Scoutt, Frank Costello, 202.298.8660

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Blane Workie

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Rosalinf Knapp, and Northwest, Frank Costello

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

The Enforcement Office states that it has carefully reviewed the pleadings filed in connection with the complaint of Mrs. Cook and Ms. Duggan, the additional complaint files received directly by the Department and provided by Northwest, as well as the carrier's response to these complaints, and the mitigating information it has supplied. The Enforcement Office further states that it views seriously the obligation of carriers to comply with the ACAA and 14 CFR Part 382, the Department's implementing regulation. It, therefore, continues to be the Enforcement Office's view that action is warranted here in light of the number and nature of the violations discovered and the harm to disabled travelers they have caused.

First, Northwest will establish an Air Carrier Access Act Compliance Quality Assurance Program. Under this Program, Northwest will seek, and to the extent necessary provide incentives for, volunteers from the pool of passengers with disabilities that utilize Northwest services on a regular basis to provide Northwest with written reports regarding observed compliance of the carrier with the Air Carrier Access Act and 14 CFR Part 382 on trips that they take. The reports will cover, among other things, compliance in the following areas: meet and assist services, check-in procedures, boarding and deplaning, on-board services (e.g., the provision of on-board wheelchairs where required), wheelchair assistance in terminals, on-board stowage of wheelchairs and complaint handling by the carrier. The program also will cover Northwest's procedures for internal review of the reports received, follow-up action to correct any deficiencies discovered and retest procedures to ensure effectiveness of implemented corrective steps. Northwest estimates that it will spend $50,000 toward implementation of this program within two years after the date this order becomes final.

Second, Northwest will increase its staffing expenditures for wheelchair service personnel at its hub airports in calendar year 2002 by $250,000 over what otherwise would be the normal level, i.e., the level that would have been established using the methodology used to establish the calendar year 2001 level.

Third, Northwest will order assist bars that will be installed in all of the lavatories on its new A-330 aircraft at a cost of at least $250,000. These assist bars will be in addition to the assist bars for the wheelchair accessible lavatory required for each aircraft by 14 CFR 382.21(a)(3). The assist bars will provide additional lavatory accessibility for passengers with disabilities.

The Deputy General Counsel believes, based on her review of the materials related to this matter, including third-party complaints, the informal complaints received by the Department, and the informal complaints received by Northwest, that further action by the Department is not warranted. Accordingly, this order dismisses the complaint filed by the Enforcement Office under 14 CFR 302.417(c). Although in the Deputy General Counsel's view Northwest's conduct as described in the formal complaints as well as in other documentation violated certain requirements of Part 382 and the ACAA, she believes that those violations are adequately addressed by the settlement reached in this case. ⁷ This settlement renders further action by the Department on this matter not to be in the public interest.

By:  Ronnie Yoder

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

By:  Louise Caplan

By:  Louise Caplan

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

Ms. Caplan had ample opportunity to timely file such a petition. The enforcement proceeding against Northwest was highly publicized. National papers such as USA Today, the Department's press release office, and numerous other media brought this proceeding to the public's attention shortly after the Department initiated it on September 7, 2001. The settlement should not be delayed simply because Ms. Caplan was not, despite the media attention, aware of the proceeding. In addition, Ms. Caplan has clearly demonstrated (through documents filed in this proceeding and references made to previously filed documents against American Airlines and Continental Airlines) that she is well versed in the Department's Rules of Practice. She was well aware of her right to file a complaint with the Department if she thought Northwest had violated the Department's regulations. In fact, she filed such complaints on March 3, 2000 against American Airlines and Continental allegedly without having been told about her right to do so by those carriers. There are numerous references in the documents in Dockets 2000-7009 and 2000-7010 demonstrating that Ms. Caplan is aware of passengers' abilities to file complaints against air carriers. It is unclear to Northwest why Ms. Caplan did not file a complaint closer to the time she allegedly flew on Northwest, November 27, 2001, or previously. Filing the petition after February 11, 2002, when the settlement terms were approved, does not comport with the Department's procedural rules.

By:  Zuckert Scoutt, Frank Costello, 202.298.8660

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

Ms Caplan, who is not a party to this proceeding, seeks leave to file an out-of-time petition to intervene in the above-captioned case and an opposition to Chief Judge Yoder's February 11, 2002, order approving the settlement agreement between the Enforcement Office and Northwest. Ms. Caplan's sole assertion of "good cause" for her tardiness in filing her petition to intervene is that she did not become aware of this proceeding until February 12, 2002, the day after Administrative Law Judge Ronnie Yoder served his order approving the settlement agreement between the Enforcement Office and Northwest. However, Ms. Caplan's claimed lack of personal awareness of the enforcement proceeding should not be found to constitute good cause.

By:  Rosalind Knapp

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

Upon consideration of the record of this proceeding, including Ms. Caplan's motions and the responses of Northwest and the Enforcement Office, we will deny her request to intervene and file an opposition to the settlement, since she has failed without good cause to comply with our procedural rules.

By:  Read Van de Water

April 25, 2003

OST-01-10598 - Violations of 14 CFR part 382 and 49 USC 4130, 41702, 41705 and 4172 - Enforcement Proceeding

Motion of Northwest Airlines to Amend Order

Pursuant to the Order dated February 11, 2002 in this docket, Paragraph 8(b) (page 7), Northwest is required to pay $75,000 by May 1, 2003 unless it has achieved a 15% reduction in Part 382 complaints in calendar year 2002 over calendar year 2001. Despite its best efforts, Northwest was not able to achieve a 15% reduction in Part 382 complaints in 2002. Accordingly, the Enforcement Office agreed with Northwest that the spirit of the Order would be best served if Northwest spent $100,000 on additional enhancements for its passengers with disabilities, rather than paying $75,000 to the U.S. Treasury, as is currently specified under the Order.

The Assistant General Counsel for Aviation Enforcement and Proceedings has advised us that his office supports the amendment requested herein.

Specifically, Northwest requests that the figure $700,000 be amended to $725,000 in the following paragraphs: paragraphs 3 and 4 on page 5; paragraph 8 on page 7; and all other references to $700,000 whether or not specifically noted.

Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660

Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

Issued and Served June 2, 2003

Order 03-6-3
OST-01-10598 - Violations of 14 CFR part 382 and 49 USC 4130, 41702, 41705, and 4172 - Enforcement Proceeding

Order | Word

The Department grants Northwest Airlines' motion to amend OST Order 01-10598 on condition that it complies with paragraphs 2-5 and that it submits, within 14 days after this order becomes final, a sworn and certified statement from an appropriate company official, to the Enforcement Office, this office and the Inspector General's Office that the $100,000 it proposes to expend does not come from funds already budgeted for enhancements in its service to disabled passengers, and once expended, documentation, including a sworn and certified statement from an appropriate company official, demonstrating that the $100,000 was properly expended. Failure to comply with any of these provisions will result in the immediate reinstatement of the 75,000 civil penalty.

By: Read C. Van de Water

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