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OST-2008-0107 - Form 41 Confidentiality (Financial and Traffic)
OST-2009-0037 - Petition of Alaska Air to Open for Public Scrutiny the Citizenship and Fitness of Virgin America
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Order 2009-1-17 Issued and Served January 30, 2009 This consent order concerns reporting delinquencies by Virgin America Inc. that constitute violations of 49 U.S.C. § 41708 and the accounting and reporting requirements specified in 14 CFR Part 241. This order directs Virgin America to cease and desist from future violations of this statute and this regulatory provision, and assesses the carrier a compromise civil penalty of $40,000. Virgin America failed to file in a timely manner certain quarterly financial reports with the Department for both the first and second calendar quarters of 2008. On September 22, 2008, after its 2007 annual audit was complete, Virgin America filed these reports with the Bureau of Transportation Statistics. In mitigation, Virgin America states that it was undergoing an audit from an independent accounting firm. In further mitigation, Virgin America notes that it contacted BTS to inform it of Virgin America’s inability to file these reports by the otherwise applicable filing dates prior to being contacted by BTS or the Office of Aviation Enforcement and Proceedings and it continued to file all required monthly reports. The Enforcement Office has carefully considered the information provided by Virgin America Inc. but continues to believe that enforcement action is warranted. Compliance with 14 CFR Part 241, both in terms of timeliness and accuracy, is viewed seriously by the Department. The Enforcement Office and Virgin America Inc. have reached a settlement of this matter in order to avoid litigation. By: Rosalind Knapp |
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