FlyersRights has petitioned the U.S. Court of Appeals for the District of Columbia Circuit to overturn a Department of Transportation rule creating a new category for reporting ten causes of flight delays and cancellations. The passenger group argues that the rule exceeds DOT’s authority under the FAA Reauthorization Act of 2024 and was issued without public notice and comment. The rule’s effective date is now 1 February 2027.
The category covers events including unscheduled maintenance and cybersecurity attacks, which the rule excludes from the existing “Air Carrier” category for disruptions within an airline’s control. DOT issued the measure as a direct final rule, invoking the Administrative Procedure Act’s good-cause exception to bypass the usual comment process.
FlyersRights argues that the law authorised new reporting classifications, not changes to airlines’ substantive responsibilities or passenger rights. The distinction can affect customer-service commitments: meal and hotel provisions may depend on whether a disruption is classified as within an airline’s control. DOT’s rulemaking acknowledged that excluding the ten causes from the Air Carrier category was expected to reduce the total value of amenities and compensation provided by airlines.
The petition, filed in case No. 26-1303, challenges the rule’s legality; no court ruling or DOT response was reported. The effective date was postponed from October 2026, with revised reporting intended to cover flights beginning 1 January 2027. The rule concerns delay-cause reporting and related amenities; ticket-refund rights are separate.