FlyersRights Demands DOT Withdraw Rule Exempting Airlines from Responsibility for 10 Causes of Delay, Issued Without Required Public Comment

WASHINGTON, Oct. 22, 2026 /PRNewswire/ -- FlyersRights, the National Consumers League, the American Economic Liberties Project, Travelers United, and Consumer Action have formally requested the U.S. Department of Transportation (DOT) withdraw its direct final rule implementing Section 511(b) of the FAA Reauthorization Act of 2024. The groups argue that the rule was issued in violation of the Administrative Procedure Act (APA) by improperly invoking the "good cause" exception to bypass the required notice and comment process.

The rule, titled 'Cause of Airline Delay and Cancellation Categories under Section 511(b) of the FAA Reauthorization Act of 2024' (91 FR 56588; DOT-OST-2026-1257) amends 14 CFR Part 234. Airlines submit monthly reports to the Bureau of Transportation Statistics identifying the causes of delays and cancellations. Previously, these causes were classified under five categories: Air Carrier, Extreme Weather, National Aviation System, Security, and Late Arriving Aircraft. The rule creates a new category called "Section 511(b)" for the ten causes of delay that Congress specified and that were previously classified under other categories.

These ten categories include (a) overheated brakes, (b) unscheduled maintenance, (c) an emergency that required medical attention through no fault of the carrier, and (d) cybersecurity attacks.

In their letter to Secretary Sean Duffy, the passenger groups object to the risk that the reporting exclusions will be interpreted as substantive determinations that airlines are not responsible for certain disruptions and therefore owe passengers no compensation or care in those circumstances. DOT acknowledged that "the total value of amenities and compensation…will be reduced under this final rule because of the 10 delineated causes of delay and cancellation that will now be excluded from the Air Carrier category in 14 CFR 234.4." The groups argue that these anticipated consequences warrant greater scrutiny and a clear explanation of how the reporting changes relate to airlines' independent legal obligations. Categorizing the initial cause of delay as a Section 511(b) delay does not mean (1) the airline is not responsible, (2) the airline did not intentionally or negligently contribute to the cause, or (3) the airline fulfilled its obligations to mitigate the effects of the disruption.

"A change in reporting categories is not a license to deny passenger rights," said Paul Hudson, president of FlyersRights. "An airline's choice of a delay code should not and does not determine whether it is responsible for a disruption or has fulfilled its obligations to passengers." 

FlyersRights notes that only one of these ten categories explicitly requires that the airline be without fault for the initial disruption.

FlyersRights also challenged DOT's decision to issue the rule as a direct final rule without the ordinary notice and comment period. Its letter explains that the APA's good cause exception is narrowly construed and does not justify bypassing notice and comment for discretionary or controversial agency actions.

"The rule sneakily transfers costs from airlines back to passengers for delays involving mechanical problems that are the responsibility and fault of airlines," said Hudson. "We are calling on the Department to withdraw the rule and proceed through lawful notice and comment rulemaking."

The letter can be viewed on the FlyersRights website at: https://img1.wsimg.com/blobby/go/2b7ac7a8-3914-4be3-a69a-dbd59cb43a84/downloads/8acd2579-ed8c-4dca-8ba8-622072ff3ce6/Consumer%20Letter%20to%20DOT%2010.21.26.pdf?ver=1792692265882

FlyersRights is the nation's largest airline passenger nonprofit organization, working to protect and advance the rights of airline passengers through advocacy and public education.

For more information, contact: Paul Hudson, President, 800-662-1859, [email protected] 

SOURCE FlyersRights.org