ENFORCEMENT DISCRETION EXTENDED AS APPLIED TO SPECIFIC REFUND REGULATIONS
August 7, 2026
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On July 7, 2026, DOT declared that it would continue to not enforce the refund requirements in 14 C.F.R. 260.6, 14 C.F.R. 260.9 and 14 C.F.R. 399.80(l) for cancelled flights when flights are renumbered so long as passengers are rebooked on a flight with a new number and the flight operates without any “significant change or delay” as defined by current DOT regulations. If a flight number change is nevertheless accompanied by a “significant change or delay” (e.g., changes to departure/arrival times by three (3) or more hours domestically, changes in departure/arrival airports, or downgrades in class of service), it is important to note that all refund mandates remain fully enforceable and will not be impacted by DOT’s temporary extension of its limited enforcement discretion. As our readers may recall, DOT first exercised enforcement discretion over this topic in December 2025 and will extend its enforcement discretion until July 7, 2027.
This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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