FlyersRights Sues U.S. Department of Transportation in Federal Appeals Court Over Rule Shifting Airline Delay Costs to Passengers

The consumer organization alleges the rule exceeds statutory authority and violates the Administrative Procedure Act's notice-and-comment requirements

WASHINGTON, Oct. 30, 2026 /PRNewswire/ -- FlyersRights, the nation's largest airline passenger organization, has filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 26-1303) challenging a U.S. Department of Transportation (DOT) direct final rule that reclassifies ten categories of flight delays and cancellations as outside airline control.

The rule, titled "Cause of Airline Delay and Cancellation Categories under Section 511(b) of the FAA Reauthorization Act of 2024," amends 14 CFR Part 234 by creating a new "Section 511(b)" category of delay causes for these ten categories of delays identified by Congress in the 2024 law. These causes include unscheduled maintenance and cybersecurity attacks.

DOT issued the rule as a direct final rule, invoking the Administrative Procedure Act's (APA) "good cause" exception to bypass the ordinary notice-and-comment process.

The DOT acknowledged the rule's potential consequences, predicting that "the total value of amenities and compensation currently provided by air carriers to consumers 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."

FlyersRights, joined by three other consumer organizations, had previously called on DOT to withdraw the rule. The organizations argued that Congress's authorization of new reporting classifications does not give DOT authority to diminish passenger rights, relieve airlines of responsibility, or shift financial consequences of airline disruptions onto passengers.

"A change in reporting classifications is not permission to reduce passenger rights," said Paul Hudson, president of FlyersRights. "An airline's choice of a delay code meant for statistical reporting should not and does not determine whether it is responsible for a disruption or has fulfilled its legal or contractual obligations to passengers. The rule sneakily transfers costs from airlines back to passengers for delays involving mechanical problems that are the responsibility and fault of the airlines."

The petition challenges the rule as procedurally invalid, arbitrary, capricious, and otherwise contrary to law. FlyersRights argues that Section 511(b) of the FAA Reauthorization Act authorizes the collection and classification of delay-cause data; it does not authorize DOT to redefine substantive airline responsibility or alter passenger rights through a reporting rule.

"The DOT's decision to create a catch-all category for these delays rather than exploring other solutions that may be more meaningful to regulators, lawmakers, passengers, and academics necessitates a notice and comment period to allow a full and open consideration of any proposed rule," Hudson further said.

FlyersRights also challenges DOT's decision to invoke the APA's good cause exception. That exception is narrowly construed and does not permit agencies to bypass public participation on matters of discretion or controversy.

The petition for review can be viewed on the FlyersRights website at: https://flyersrights.org/files

The letter to DOT can be viewed 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