DOT NARROWS U.S. AIR CARRIER DELAY AND CANCELLATION REPORTING OBLIGATIONS
October 1, 2026
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On September 3, 2026, the U.S. Department of Transportation published a final rule amending 14 C.F.R. Part 234 (i.e., Airline Service Quality Performance Reports) to implement Section 511(b) of the 2024 FAA Reauthorization Act. Section 511(b) mandated that ten (10) specific types of events be excluded from the causes that are considered within an airline’s control for DOT reporting purposes. This narrows the existing “Air Carrier” reporting category under 14 C.F.R. 234 by excluding certain causes of flight cancellations and delays from those which are attributable to airline control. To eliminate Part 234 reporting ambiguity in the future, DOT itemized those ten (10) specific events as follows:
(1) Aircraft cleaning necessitated by the death of a passenger,
(2) Aircraft damage caused by extreme weather, foreign object debris, or sabotage,
(3) A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor,
(4) Cybersecurity attacks (provided that the air carrier complies with applicable cybersecurity regulations),
(5) A shutdown or system failure of government systems that directly affects the ability of an air carrier to conduct flights safely and is unexpected,
(6) Overheated brakes due to a safety incident resulting in the use of emergency procedures,
(7) Unscheduled maintenance, including in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight,
(8) An emergency that required medical attention through no fault of the carrier,
(9) The removal of an unruly passenger, and
(10) An airport closure due to the presence of volcanic ash, wind, or wind shear.
Please note that this development does not apply to foreign air carriers. It does, however, demonstrate a continued willingness by the Trump administration to undertake deregulatory efforts at the behest of industry. While this final rule becomes effective on October 19, 2026, DOT plans to undertake further rulemaking in the coming months to make additional revisions beyond those required by Section 511(b). Reporting U.S. air carriers and Airlines for America are expected to advocate for greater deregulation in this regard.
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; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; or any other attorney at Eckert Seamans with whom you have been working.
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