by Lacey Pfalz
Last updated: 8:40 AM ET, Sat October 31, 2026
A controversial new Department of Transportation rule that was pushed through without a public comment period and that would reclassify ten causes of delays or cancellations for commercial flights as no longer being under the airline’s control—potentially leaving impacted travelers in the lurch without an incentive for the airline to provide support—is currently being challenged in a court of law.
FlyersRights, the United States’ largest airline passenger organization, filed the petition for review in the U.S. Court of Appeals for the District of Columbia Circuit.
The delay and cancellation rule change was initially expected to take effect this October, but has since been delayed until February 1, 2027.
The rule reclassifies ten delay and cancellation events, such as government shutdowns, cybersecurity attacks, unscheduled maintenance and the removal of an unruly passenger, as no longer being under the airline’s control, which will likely leave impacted travelers in the lurch, because without that umbrella of control, they’ll no longer be required to provide support such as hotel stays or food and beverage credits to stranded passengers.
The DOT acknowledged “the total value of amenities and compensation currently provided by air carriers to consumers will be reduced…” The DOT invoked the Administrative Procedure Act’s “good cause” exception to issue the ruling as a direct final rule without a public comment period.
FlyersRights’ petition in court challenges the rule as “procedurally invalid, arbitrary, capricious, and otherwise contrary to law,” noting that the FAA Reauthorization Act does “not authorize DOT to redefine substantive airline responsibility or alter passenger rights through a reporting rule.”
"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."
In addition to FlyersRights, the American Economic Liberties Project, Consumer Action, National Consumers League, and Travelers United signed the letter to Transportation Secretary Sean Duffy encouraging the withdrawal of the new rule.
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