OACP PROVIDES REQUESTED GUIDANCE ON EAD COMPLIANCE
January 12, 2026
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On December 10, 2025, DOT’s Office of Aviation Consumer Protection responded to carrier requests for guidance following the Federal Aviation Administration’s issuance of Emergency Airworthiness Directive 2025-24-51 on November 28, 2025. Issuance of the EAD grounded thousands of Airbus aircraft worldwide to immediately replace or modify software impacted by intense solar radiation. Due to the EAD and the widespread fleet disruptions it caused, U.S. air carriers petitioned OACP for regulatory guidance on carrier obligations, if any, to provide amenities such as meals and hotels for passengers affected by cancellations or significant delays because of unscheduled maintenance required to comply with the EAD at issue.
As a matter of enforcement policy, the regulatory guidance confirmed that OACP “will not take action against airlines that do not provide services, amenities, or compensation promised in their customer service plans to mitigate passenger inconvenience from controllable flight disruptions in instances when flights are delayed or cancelled due to unscheduled maintenance in response to an airworthiness directive that cannot be deferred or must be addressed before flight such as was the case with EAD 2025–24–51.”
To determine whether future operational difficulties are due to unscheduled maintenance resulting from an FAA safety directive, OACP will evaluate whether the delay or cancellation would have occurred “but for” the actions taken to comply with the EAD. Carriers should be generally aware of this OACP enforcement policy if future EADs trigger worldwide AOGs, and questions arise as to whether cancellations or lengthy delays are due to circumstances within the carrier’s control.
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