Rule2025-22140
Airline Refunds and Other Consumer Protections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2025
Issuing agencies
Transportation Department
Abstract
Under the U.S. Department of Transportation's (Department or DOT) refund regulations in 14 CFR parts 260 and 399, a flight that is given a different flight number than was assigned when the consumer purchased the ticket is considered a new flight and the original flight is considered a cancelled flight for which the consumer is eligible for a refund. This document announces that the Department is exercising its discretion to not enforce the requirements in 14 CFR 260.6, 260.9 and 14 CFR 399.80(l) regarding refunds and other consumer protections for a cancelled flight when a flight is renumbered so long as the passenger is rebooked on the flight under the new number and the flight is operated without any "significant change or delay" as defined in 14 CFR 260.2 and 14 CFR 399.80(l). The Department is taking this interim step of pausing enforcement of its refund requirements under these specific limited circumstances while it engages in a new rulemaking to consider whether to modify the definition of cancelled flight through rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 232 (Friday, December 5, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 232 (Friday, December 5, 2025)]
[Rules and Regulations]
[Pages 55999-56000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22140]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 260 and 399
[Docket No. DOT-OST-2022-0089, DOT-OST-2025-2285]
RIN 2105-AF04, 2105-AF36
Airline Refunds and Other Consumer Protections
AGENCY: Office of the Secretary of Transportation (OST), U.S.
Department of Transportation.
ACTION: Notification of enforcement discretion.
-----------------------------------------------------------------------
SUMMARY: Under the U.S. Department of Transportation's (Department or
DOT) refund regulations in 14 CFR parts 260 and 399, a flight that is
given a different flight number than was assigned when the consumer
purchased the ticket is considered a new flight and the original flight
is considered a cancelled flight for which the consumer is eligible for
a refund. This document announces that the Department is exercising its
discretion to not enforce the requirements in 14 CFR 260.6, 260.9 and
14 CFR 399.80(l) regarding refunds and other consumer protections for a
cancelled flight when a flight is renumbered so long as the passenger
is rebooked on the flight under the new number and the flight is
operated without any ``significant change or delay'' as defined in 14
CFR 260.2 and 14 CFR 399.80(l). The Department is taking this interim
step of pausing enforcement of its refund requirements under these
specific limited circumstances while it engages in a new rulemaking to
consider whether to modify the definition of cancelled flight through
rulemaking.
DATES: As of December 5, 2025, the Department is pausing until June 30,
2026 the enforcement of airline refunds requirements regarding
cancelled flights under 14 CFR parts 260 and 399 for flights that are
operated under a different flight number than was held out to consumers
at the time of ticket purchases so long as the flights impose no
significant change or delay to consumers' itineraries.
ADDRESSES: This notification of enforcement discretion may be viewed
online at <a href="http://www.regulations.gov">www.regulations.gov</a> using the docket numbers listed above.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register' website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government
Publishing Office's website at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
FOR FURTHER INFORMATION CONTACT: Clereece Kroha or Blane Workie, Office
of Aviation Consumer Protection, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC 20590, 202-366-9342 (phone),
202-366-7152 (fax), <a href="/cdn-cgi/l/email-protection#85e6e9e0f7e0e0e6e0abeef7eaede4c5e1eaf1abe2eaf3"><span class="__cf_email__" data-cfemail="85e6e9e0f7e0e0e6e0abeef7eaede4c5e1eaf1abe2eaf3">[email protected]</span></a>, or <a href="/cdn-cgi/l/email-protection#e48688858a81ca938b968f8d81a4808b90ca838b92"><span class="__cf_email__" data-cfemail="13717f727d763d647c61787a7653777c673d747c65">[email protected]</span></a>
(email).
SUPPLEMENTARY INFORMATION: On April 26, 2024, DOT published in the
Federal Register a final rule on ``Airline Refunds and Other Consumer
Protection'' (Refund I) that, among other things, requires airlines and
ticket agents to provide prompt refunds to consumers when their flights
are cancelled, significantly delayed, or significantly changed and the
consumers are not offered or reject alternative transportation, travel
credits, vouchers, or other compensation.\1\ The rule also requires
carriers to provide notifications to affected consumers that they are
entitled to a refund when a flight cancellation or significant delay or
change occurs.\2\ The rule defines a ``cancelled flight or flight
cancellation'' to mean a covered flight with a specific flight number
scheduled to be operated between a specific origin-destination city
pair that was published in the carrier's Computer Reservation System
[[Page 56000]]
at the time of the ticket sale but not operated by the carrier.\3\ In
the preamble of the final rule, the Department explains that under this
definition, a flight that was operated under a different flight number
would be considered a new flight and the original flight would be
considered a canceled flight.\4\
---------------------------------------------------------------------------
\1\ 89 FR 32760, 14 CFR 260.6.
\2\ Id., 14 CFR 260.9.
\3\ Id., 14 CFR 260.2.
\4\ 89 FR 32770.
---------------------------------------------------------------------------
On May 16, 2024, the FAA Reauthorization Act of 2024 (Act) was
signed into law. Section 503 of the Act, which is codified in 49 U.S.C.
42305, requires airlines to notify consumers affected by flight
cancellations of their rights to a refund and to provide refunds to
passengers on any cancelled flight if the passengers choose not to fly
on an alternative flight or accept any compensation offered by the
carrier in lieu of a refund. The statute does not define what
constitutes a ``cancelled flight.'' \5\
---------------------------------------------------------------------------
\5\ On August 12, 2024, DOT published a final rule titled
``Refunds and Other Consumer Protections (2024 FAA
Reauthorization)'' (Refund II) amending Refund I to be consistent
with FAA Reauthorization Act.
---------------------------------------------------------------------------
On April 3, 2025, the Department issued a Request for Information
titled Ensuring Lawful Regulation; Reducing Regulation and Controlling
Regulatory Costs (Regulatory Reform RFI). Among other things, the
Regulatory Reform RFI sought public input to assist the Department in
identifying existing regulations that can be modified or repealed,
consistent with law, to ensure that DOT achieves meaningful burden
reduction while continuing to meet statutory obligations and assure the
safety of the U.S. transportation system.\6\ Several airlines and
airline trade associations commented in the Regulatory Reform RFI
docket that the Department should not consider a simple flight number
change a flight cancellation. The commenters pointed out that flight
number changes are made for a myriad of operational or commercial
reasons and have no material impact on passengers.\7\ They urged the
Department to revise the definition to exclude flight number changes.
The Department also received a request for enforcement discretion from
two U.S. carriers following their merger. In that request, the carriers
described the need to renumber tens of thousands of flights for
operational integration and FAA compliance. The Department determined
that consumers were not harmed by this flight renumbering, and based in
part on this determination, the Department granted that request.\8\
---------------------------------------------------------------------------
\6\ 90 FR 14593.
\7\ See Comment from Airlines for America, <a href="https://www.regulations.gov/comment/DOT-OST-2025-0026-0845">https://www.regulations.gov/comment/DOT-OST-2025-0026-0845</a>; Comment from
International Air Transport Association, <a href="https://www.regulations.gov/comment/DOT-OST-2025-0026-0796">https://www.regulations.gov/comment/DOT-OST-2025-0026-0796</a>.
\8\ Letter from DOT to Alaska Airlines and Hawaiian Airlines
dated March 24, 2025. See Docket No. DOT-OST-2025-2285.
---------------------------------------------------------------------------
Recently, the Department has received communications from a U.S.
airline advocating for a revision to the current definition of a
cancelled flight as established by the prior administration, arguing
that the definition is not required by statute, does not reflect the
realities of airline operations, and is overly broad. The airline
contends that flight number changes are often necessary for logistical
reasons and have no material impact on consumers. The airline explains
that there are two primary reasons for its flight number changes--a
switch between mainline and regional service and a switch between two
regional operators. The airline emphasizes that a flight number change
should not automatically be classified as a flight cancellation that
triggers eligibility for a refund.\9\
---------------------------------------------------------------------------
\9\ Letter from American Airlines to DOT dated November 17,
2025. See Docket No. DOT-OST-2025-2285.
---------------------------------------------------------------------------
The Department has initiated a new rulemaking titled ``Airline
Refunds and Other Consumer Protections III'' (Refund III) that will,
among other things, address the definition of a flight cancellation
that would entitle consumers to ticket refunds.\10\ In the interim, the
Department has decided to exercise its discretion and not enforce the
ticket refund and notification requirements in 14 CFR 260.6, 260.9 and
399.80(l) when a flight is given a different flight number than was
originally assigned provided that the passenger is rebooked on the new
flight and the flight is operated without any ``significant change or
delay'' \11\ as described in 14 CFR 260.2 and 14 CFR 399.80(l). This
enforcement discretion is temporary, pending a decision on whether to
move forward with a final rule to change the definition of a cancelled
flight. This enforcement notice does not prejudge the outcome of the
new rulemaking and is intended to address operational difficulties that
airlines face with the definition of canceled flight while the
rulemaking is ongoing.
---------------------------------------------------------------------------
\10\ Spring 2025 Unified Agenda of Regulatory and Deregulatory
Actions, Department of Transportation, Airline Refunds and Other
Consumer Protections III (RIN 2105-AF36) at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF36">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF36</a>.
\11\ A significant delay or change would occur when as a result
of the new flight (1) The consumer is scheduled to depart from the
origination airport three hours or more for domestic itineraries and
six hours or more for international itineraries earlier than the
original scheduled departure time; (2) The consumer is scheduled to
arrive at the destination airport three or more hours for domestic
itineraries or six or more hours for international itineraries after
the original scheduled arrival time; (3) The consumer is scheduled
to depart from a different origination airport or arrive at a
different destination airport; (4) The consumer is scheduled to
travel on an itinerary with more connection points than that of the
original itinerary; (5) The consumer is downgraded to a lower class
of service; (6) The consumer who is an individual with a disability
is scheduled to travel through one or more connecting airports
different from the original itinerary; or (7) The consumer who is an
individual with a disability is scheduled to travel on substitute
aircraft on which one or more accessibility features needed by the
customer are unavailable.
---------------------------------------------------------------------------
The earliest date that DOT expects to decide on whether to move
forward with a final rule on Refund III to change the definition of a
canceled flight is June 30, 2026. DOT has announced a target date of
February2026 for issuance of a notice of proposed rulemaking on Refund
III. A typical comment period for an NPRM is 60 days. DOT intends to
carefully consider all comments received (including late comments to
the extent practicable) before issuing a final rule, if appropriate.
This notice of enforcement discretion does not affect the enforcement
of the ticket refund or notification requirements beyond the definition
of canceled flight involving renumbered flights. It also does not
affect any other rights of consumers provided in other DOT rulemakings
\12\ or how U.S. carriers report on-time performance data including
cancelled and discontinued flights to the Department pursuant to 14 CFR
part 234.
---------------------------------------------------------------------------
\12\ For instance, the Department requires airlines to offer
free rebooking on the next available flight of the same carrier or
partner carrier when the airline becomes aware that a passenger's
personal wheelchair or scooter does not fit on the passenger's
scheduled flight. See 14 CFR 382.125(f)(2). This means that if there
is a change of flight number accompanied by a change to a smaller
aircraft that is no longer able to accommodate a passenger's
wheelchair or scooter, the airline must offer the individual free
rebooking on the next available flight.
Issued in Washington, DC, under authority delegated in 49 CFR
1.27(n).
Gregory Zerzan,
General Counsel.
[FR Doc. 2025-22140 Filed 12-4-25; 8:45 am]
BILLING CODE 4910-9X-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 5, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.