DOT WITHDRAWS PROPOSED “AIRLINE PASSENGER RIGHTS” RULEMAKING
December 1, 2025
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On November 17, 2025, the U.S. Department of Transportation formally withdrew an advance notice of proposed rulemaking which would have required covered carriers to pay passengers cash compensation, rebook affected passengers free of charge on the next available flight, and cover other expenses (i.e., meals, overnight lodging, and related transportation) when significant flight delays and cancellations occurred, similar to what is currently required under EU 261. When the Biden administration first issued the ANPRM in December 2024, consumer protection advocates celebrated the proposal because the European Union and Canada have similar regulations requiring services and compensation for affected passengers. However, the anticipated requirements in the ANPRM presented implementation headaches for U.S. and foreign air carriers which would have been required to pay cash compensation and offer free rebooking/amenities for “controllable” cancellations or delays on flights within and to/from the U.S. As proposed in the ANPRM, the definition of “controllable” cancellations or delays was quite broad such that carriers could have been responsible for any factor and/or event within their control, including operating partners, employees, subcontractors, or other persons working on their behalf. The withdrawal of this proposed rulemaking coincides with other business-friendly, deregulatory initiatives across the federal government.
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