Rule2026-18040
Cause of Airline Delay and Cancellation Categories Under Section 511(b) of the FAA Reauthorization Act of 2024
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
September 3, 2026
Effective
October 19, 2026
Issuing agencies
Transportation Department
Abstract
The U.S. Department of Transportation (Department or DOT) is amending its regulations governing how air carriers report the causes of flight cancellations and delays. This action implements Section 511(b) of the FAA Reauthorization Act of 2024, which mandates that ten specific types of events be excluded from the "Air Carrier" causal reporting code. That code is reserved for circumstances that are within the carrier's control. This final rule creates a new reporting category to capture these ten specific events, ensuring that the data reported to the Department and shared with the traveling public accurately reflects the statutory distinction between carrier-controllable events and the specific exclusions identified by Congress.
Full Text
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<title>Federal Register, Volume 91 Issue 170 (Thursday, September 3, 2026)</title>
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[Federal Register Volume 91, Number 170 (Thursday, September 3, 2026)]
[Rules and Regulations]
[Pages 56588-56593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18040]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 234
[Docket No. DOT-OST-2026-1257]
RIN 2105-AF29
Cause of Airline Delay and Cancellation Categories Under Section
511(b) of the FAA Reauthorization Act of 2024
AGENCY: Bureau of Transportation Statistics, Office of the Assistant
Secretary for Research and Technology, Department of Transportation.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Transportation (Department or DOT) is
amending its regulations governing how air carriers report the causes
of flight cancellations and delays. This action implements Section
511(b) of the FAA Reauthorization Act of 2024, which mandates that ten
specific types of events be excluded from the ``Air Carrier'' causal
reporting code. That code is reserved for circumstances that are within
the carrier's control. This final rule creates a new reporting category
to capture these ten specific events, ensuring that the data reported
to the Department and shared with the traveling public accurately
reflects the statutory distinction between carrier-controllable events
and the specific exclusions identified by Congress.
DATES: This final rule becomes effective on October 19, 2026.
[[Page 56589]]
FOR FURTHER INFORMATION CONTACT: Robert Nazareth, Bureau of
Transportation Statistics, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590, 202-934-2413,
<a href="/cdn-cgi/l/email-protection#6f1d000d0a1d1b41010e150e1d0a1b072f0b001b41080019"><span class="__cf_email__" data-cfemail="d2a0bdb0b7a0a6fcbcb3a8b3a0b7a6ba92b6bda6fcb5bda4">[email protected]</span></a> (email). You may also contact 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#fe9c929f909bd089918c95979bbe9a918ad0999188"><span class="__cf_email__" data-cfemail="6d0f010c0308431a021f0604082d090219430a021b">[email protected]</span></a> (email).
SUPPLEMENTARY INFORMATION:
Background and Statutory Authority
Since 2002, DOT regulations at 14 CFR 234.4 have required reporting
carriers to submit monthly data identifying the causes of flight
cancellations and delays of 15 minutes or greater. Under the existing
framework, delays are attributable to one of 5 categories: (1) Air
Carrier, (2) Extreme Weather, (3) National Aviation System, (4)
Security, and (5) Late Arriving Aircraft.\1\ Carriers use the same
categories to report cancellations under the regulation, except that
there is no category for Late Arriving Aircraft.\2\ The Air Carrier
category has historically included any delay or cancellation due to
circumstances within the control of the carrier such as maintenance,
crew scheduling, or aircraft cleaning.
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\1\ 14 CFR 234.4(a)(17)-(21), (i).
\2\ Id. at (a)(16), (h).
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These causal categories are further detailed in Bureau of
Transportation Statistics (BTS) Technical Directive #40, ``On-time
Performance'' (Technical Directive).\3\ The technical directive
provides a non-exclusive list of events that carriers should report in
the Air Carrier category like: aircraft cleaning; aircraft damage
(except bird strikes, lightning/hail damage); airport curfew; awaiting
the arrival of connecting passengers or crew; awaiting alcohol test;
awaiting gate space; baggage loading; cabin servicing; cargo loading;
catering; computer outage--carrier equipment; crew legality (pilot or
attendant rest); damage by hazardous goods; engineering inspection;
public health, etc.; flight paperwork; fueling; gate congestion;
government forms not properly completed--INS, FAA, Agriculture; ground
equipment out of service; hot brakes restriction; last minute
passenger; late mail from Post Office; late crew; lavatory servicing;
maintenance; medical emergency; out of service aircraft; oversales;
positive passenger baggage match; passenger services; potable water
servicing; pre-flight check; ramp congestion--blocked by another
aircraft under carrier's control; ramp service; removal of unruly
passenger; revised weight sheet; shortage of ramp equipment; slow
boarding or seating; snow removal (when it is a carrier ramp service
function); stowing carry-on baggage; and weight and balance delays.\4\
The Technical Directive provides similar lists of events for the other
causal categories, except for Late Arriving Aircraft, which does not
have a list of events.
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\3\ Available at <a href="https://www.bts.gov/sites/bts.dot.gov/files/2025-11/Technical%20Directive%20No%2040%20On-Time%202026.pdf">https://www.bts.gov/sites/bts.dot.gov/files/2025-11/Technical%20Directive%20No%2040%20On-Time%202026.pdf</a>.
\4\ Id.
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On May 16, 2024, the FAA Reauthorization Act of 2024 (2024 FAA Act)
became law.\5\ Section 511(b) of that act provides that 10 delineated
events ``shall not be included within the Air Carrier code.''
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\5\ Public Law 118-63, 138 Stat. 1025 (2024).
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Provisions of the Final Rule
To implement this statutory requirement, the Department is adding a
new reporting category to 14 CFR 234.4. This category, to be known as
Section 511(b) category, will be used exclusively for the ten events
identified in section 511(b) of the 2024 FAA Act. At the same time, the
Department is revising the definition of the Air Carrier category to
prohibit the inclusion of these ten events explicitly. They are:
(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 is in
compliance 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.
By creating a separate category rather than reassigning these
events to existing codes like NAS or Extreme Weather, the Department
ensures that the reporting structure remains consistent with the
nondiscretionary language of the 2024 FAA Act.
Good Cause for the Final Rule
The Administrative Procedure Act provides an exception to its
notice-and-comment rulemaking procedures when an agency for good cause
finds that such procedures are impracticable, unnecessary, or contrary
to the public interest.\6\ The agency must incorporate the good cause
finding and a brief statement of its reasoning in the rule issued.\7\
This final rule implements the statutory requirement that delays and
cancellations caused by a list of specific events are excluded from the
Air Carrier category in 14 CFR 234.4. Because these exclusions are not
discretionary, and the final regulation uses the statutory language for
these exclusions without further interpretation, the Department
determines that notice and public comment on the rule is unnecessary.
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\6\ 5 U.S.C. 553(b)(B).
\7\ Id.
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Future Rulemaking
In addition to those required exclusions from the air carrier
category provided in section 511(b) of the 2024 FAA Act, section 511(a)
of the act also requires the Director of BTS to initiate a rulemaking
to revise 14 CFR 234.4 ``to create a new `cause of delay' category (or
categories) that identifies and tracks information on delays and
cancellations of air carriers . . . that are due to instructions from
the FAA Air Traffic Control System. In addition, Airlines for America
(A4A) filed a petition for rulemaking with the Department requesting
the Department expedite this rulemaking and make additional regulatory
revisions beyond those required by section 511(b).
Implementing section 511(a) and assessing the requests in A4A's
petition require the exercise of discretion by the Department.
Therefore, those topics require notice and comment procedures under the
Administrative Procedure Act. As a result, BTS plans to address these
issues through future rulemaking, rather than in this final rule.
I. Regulatory Notices
A. Executive Order 12866 (Regulatory Planning and Review) and the
Department's Regulatory Procedures
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under
[[Page 56590]]
section 3(f) of Executive Order (E.O.) 12866. Accordingly, OMB has not
reviewed it. In addition, this rule is not significant under the
Department's Regulatory Policies and Procedures (49 CFR part 5 and DOT
Order 2100.6B). This rule implements the statutory requirement that
delays and cancellations caused by 10 delineated events are excluded
from the Air Carrier category in 14 CFR 234.4 and does not involve the
exercise of discretion by the Department. The economic impact of this
rulemaking is discussed in this section.
This economic analysis describes the expected benefits, costs, and
other potential economic impacts of this final rule. The baseline for
this analysis is the current regulation at 14 CFR 234.4. This final
rule creates a new reporting category in 14 CFR 234.4 for carriers to
report the 10 delineated causes of delay and cancellation that section
511(b) of the 2024 FAA Act excludes from the Air Carrier category in 14
CFR 234.4. This final rule does not change the applicability and scope
of the existing reporting requirements in 14 CFR 234 regarding the air
carriers that are required to report data or the flights for which data
is submitted by the reporting air carriers.
Benefits
This rule benefits the public by ensuring the information airlines
report to the Department, and that the Department in turn provides to
the public, is accurate because the information is consistent with
Federal law and the legislative determination of what circumstances are
not within airline control. Consumers of air transportation will be
better informed with more appropriate data regarding the causes of
delays and cancellations consistent with Federal law, and, therefore,
will be able to make improved comparisons when selecting among air
carriers. These improvements to information cannot be reliably
quantified.
Costs
The Department has determined this final rule will result in an
overall total cost savings. In conducting this economic analysis, DOT
considered airline compliance with the changes within this final rule
as a cost. In analyzing the cost of airline compliance, DOT considered
two cost scenarios. The first considers that airlines already track
cause of delay and cancellation in detail, and, therefore, airline
compliance costs because of this final rule will be de minimis. With
this final rule, airlines would not be submitting any new reports to
the Department, but rather reporting a limited subset of causes of
cancellation and delay in a different category than those same delays
and cancellations are currently reported. Airlines use internal codes
to classify delay and cancellation causes. Although the DOT will only
use six categories of cause of delay and five categories of causes of
cancellation, airline's internal systems generally utilize many more
codes that provide more specificity than the categories used to report
to DOT.\8\ In addition, it is the Department's understanding that each
of the airlines covered by this rule have in-house data and information
technology resources, and the commercial sensitivity of airline data in
general favors in-house work. Therefore, any one-time upfront
incremental modifications associated with adding the new 511(b) delay
and cancellation category to airline data systems for purposes of
reporting to DOT could be performed as part of the usual ongoing
business practices of the air carriers in maintaining and improving
their data systems. As a result, incremental cost to air carriers to
comply with the changes of this final rule would be de minimis.
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\8\ The International Air Transport Association (IATA), the
trade association for the world's airlines, provides standardized
delay codes. See IATA Airport Handling Manual, <a href="https://www.iata.org/en/publications/manuals/airport-handling-manual/">https://www.iata.org/en/publications/manuals/airport-handling-manual/</a>.
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In an effort to complete a thorough analysis of this final rule,
the Department also analyzed airline compliance costs based on a
scenario in which this final rule would impose modest one-time upfront
incremental costs on reporting air carriers should airlines perform
material modifications to data processing systems to incorporate the
new causal category for delays and cancellations. The ongoing recurring
labor costs and other costs (equipment, etc.) associated with the
existing reporting requirements under 14 CFR 234.4 are unchanged under
this final rule. The reporting air carriers will still perform the same
activities such as assigning delays and cancellations to the various
categories and submitting data to BTS, only now with some delays and
cancellations assigned to the new causal category rather than the Air
Carrier category.
For calendar year 2026, 13 carriers report data to the Department
under 14 CFR 234.\9\ This final rule does not change the applicability
and scope of the existing reporting requirements in 14 CFR 234
regarding the air carriers that are required to report data, and
therefore the number of air carriers that will need to perform
modifications to their data processing systems under this scenario to
incorporate the new causal category for delays and cancellations will
be limited to these 13 carriers. For each of these air carriers, under
this scenario, the Department estimates that modifying the applicable
data processing systems to incorporate the new causal category for
delays and cancellations will require a total of 100 labor hours to
complete, test, and implement fully. The costs associated with these
labor hours are comprised of both the base wage rate plus fringe
benefits, which taken in combination better represents the economic
costs to the air carriers than the base wage rate alone. Fringe
benefits include paid leave, bonuses and overtime pay, health and other
types of insurance, retirement plans, and legally required benefits
(Social Security, Medicare, unemployment insurance, and workers
compensation insurance).
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\9\ U.S. Department of Transportation, Bureau of Transportation
Statistics, Office of Airline Information, Technical Directive #40-
On-Time Performance, p. 2, available at <a href="https://www.bts.gov/sites/bts.dot.gov/files/2025-11/Technical%20Directive%20No%2040%20On-Time%202026.pdf">https://www.bts.gov/sites/bts.dot.gov/files/2025-11/Technical%20Directive%20No%2040%20On-Time%202026.pdf</a>. Since the period used to determine reporting
carriers began, on October 29, 2025, the FAA issued a single
operating certificate to Alaska Airlines and Hawaiian Airlines. As
such, the FAA recognizes Alaska/Hawaiian as a single certificated
carrier. Hawaiian branded flights are now operated by, and therefore
their information reported to the Department by, Alaska Airlines.
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To quantify and monetize the total labor costs to each air carrier,
wage rate and benefits data from the U.S. Department of Labor, Bureau
of Labor Statistics (BLS) are utilized. Wage rates are derived from the
Occupational Employment and Wage Statistics (OEWS) data series
published by BLS. The estimated 100 labor hours are allocated among two
applicable occupational categories represented in the OEWS data, SOC
15-1251 (Computer Programmers) and SOC 15-1211 (Computer Systems
Analysts), with 75 percent of the total hours (75 hours) allocated to
the 15-1251 Computer Programmers occupational category, and the
remaining 25 percent of the total hours (25 hours) allocated to the 15-
1211 Computer Systems Analysts occupational category. The most recent
OEWS data available, for May 2024, report that the 75th percentile
hourly wage rate for the 15-1251 Computer Programmers occupational
category is $62.00, and for the 15-1211 Computer Systems Analysts
occupational category is $63.64.\10\ The 75th percentile hourly
[[Page 56591]]
wage rate is used for this analysis because it is expected that
relatively more experienced and senior staff in these labor categories
will be assigned to perform the necessary data system modifications,
and that these more experienced staff will have an hourly wage rate
greater than the median hourly wage rate.
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\10\ U.S. Department of Labor, BLS, Occupational Employment and
Wage Statistics, May 2024, available at <a href="https://www.bls.gov/oes/tables.htm">https://www.bls.gov/oes/tables.htm</a>.
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BLS does not publish data on fringe benefits for specific
occupations, but it does for broader industry and occupational groups
in its Employer Costs for Employee Compensation (ECEC) release.\11\ For
this analysis, an average hourly wage of $42.95 and average hourly
benefits of $16.64 for private industry workers in ``professional and
related occupations'' in the ``trade, transportation, and utilities
industry'' is used to estimate that fringe benefits are equal to 39
percent of wages ($16.64 / $42.95).
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\11\ U.S. Department of Labor, BLS, Table 4: Employer Costs for
Employee Compensation for Private Industry Workers by Occupational
and Industry Group, June 2025, available at <a href="https://www.bls.gov/web/ecec/ecec-news-release-tables.xlsx">https://www.bls.gov/web/ecec/ecec-news-release-tables.xlsx</a>.
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Based on these base wage rates and fringe benefits estimates, the
combined hourly cost for the 15-1251 Computer Programmers occupational
category is $86.02 per hour, and for the 15-1211 Computer Systems
Analysts occupational category is $88.29. Applied to the labor hour
estimates per carrier of 75 hours for the 15-1251 Computer Programmers
occupational category and 25 hours for the 15-1211 Computer Systems
Analysts occupational category, the resulting cost per carrier is
$6,452 for the 15-1251 Computer Programmers occupational category and
$2,207 for the 15-1211 Computer Systems Analysts occupational category,
for a total of $8,659 per carrier. The resulting one-time upfront
incremental cost for all 13 reporting air carriers combined under this
scenario is therefore estimated to be $112,567.
Under both scenarios of de minimis and quantified airline costs,
BTS will incur modest one-time upfront incremental costs to perform
modifications to its data collection and data processing systems to
incorporate the new causal category for delays and cancellations. For
BTS, it is estimated that modifying the applicable data collection and
processing systems to incorporate the new causal category for delays
and cancellations will require a total of 240 labor hours to complete,
test, and implement fully. An estimated fully loaded hourly labor rate
of $200 per hour is used for the hourly labor rate applicable to BTS.
This hourly rate is based on recent average labor rates for applicable
occupational categories such as senior data analysts and senior data
warehouse specialists available under contract to BTS. The resulting
one-time upfront incremental cost to BTS is estimated to be $48,000.
Under both scenarios, this final rule is also expected to result in
a similar relatively modest one-time upfront incremental cost that will
be incurred by the Federal Aviation Administration (FAA). FAA uses the
on-time performance data collected by BTS under 14 CFR 234.4 to analyze
air traffic delays. FAA will need to perform modifications to its data
processing systems to incorporate the new causal category for delays
and cancellations, such that FAA can continue to receive the BTS on-
time performance data effectively for its use in analyzing air traffic
delays. For FAA, it is estimated that modifying the applicable data
processing systems to incorporate the new causal category for delays
and cancellations will require a total of 80 labor hours to complete,
test, and implement fully. An estimated fully loaded hourly labor rate
of $200 per hour is also used for the hourly labor rate applicable to
FAA. The resulting one-time upfront incremental cost to FAA is
estimated to be $16,000.
Under both scenarios, this final rule is also expected to result in
cost savings for carriers that will substantially exceed any costs
imposed because this final rule will reduce the negative reputational
impacts and harm that air carriers currently experience because of the
attribution of certain delay and cancellation causes to air carriers
that this rulemaking addresses as not within their control. In the
absence of this final rule, overreporting of both the number and
proportion of delays and cancellations attributed to air carriers would
continue, with that information then made available to consumers and
the public via BTS's website and the Department's monthly ATCR table
displaying cause of delay which in turn reaches various industry and
general news outlets and social media. The attribution of delays and
cancellations that are outside the control of air carriers to the air
carrier causal category impacts the relative competitiveness of air
carriers by influencing consumer decision making when selecting an air
carrier for a trip. In addition, consumers may consider this
information in weighing their transportation options, including options
to use modes of transportation other than commercial airlines. This
final rule addresses and corrects overreporting of air carrier delays
and cancellations, which in turn will reduce the negative reputational
impacts and harm that carriers currently experience. Though the
magnitude of the reduction in negative reputational impacts and harm
cannot be quantified, the largest U.S. industry representative group
submits that the reporting that makes it into the hands of the public
through the Department's ATCR is significant.\12\ Given the large
number of flights operated and passengers transported by the 13
reporting air carriers that are within the scope of this final rule,
the Department believes that the cost savings to air carriers resulting
from the reduction in the negative reputational impacts and harm that
air carriers currently experience will substantially exceed the
scenario with relatively modest one-time upfront incremental costs to
the reporting air carriers, BTS, and FAA to perform modifications to
data processing systems to incorporate the new causal category for
delays and cancellations. Therefore, overall, this final rule is
expected to have total costs less than zero.
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\12\ Airlines for America, et al., Petition for Rulemaking to
Revise On-time Performance Reporting Regulations Under 14 CFR part
234, October 22, 2024, Docket No: DOT-OST-2024-0123, available at
<a href="https://www.regulations.gov/document/DOT-OST-2024-0123-0001">https://www.regulations.gov/document/DOT-OST-2024-0123-0001</a>.
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Transfers
In addition to the benefits and cost savings of the final rule, it
is expected that the total value of amenities and compensation
currently provided by air carriers to consumers will be reduced under
this final rule because of the 10 delineated causes of delay and
cancellation that will now be excluded from the Air Carrier category in
14 CFR 234.4. All the reporting air carriers that sell tickets
currently commit to providing amenities at no cost to consumers for
lengthy controllable delays and controllable cancellations in their
customer service plans.\13\ In addition, some of these carriers commit
to providing non-cash compensation for lengthy controllable
cancellations and controllable delays. With the 10 delineated causes of
delay and cancellation under this final rule now excluded from the Air
Carrier category in 14 CFR 234.4, the number of delays and
cancellations for which air carriers provide amenities and compensation
to consumers is expected to be reduced. The magnitude of the total
reduction in amenities and compensation cannot be reliably estimated by
the Department
[[Page 56592]]
mainly because the Department does not have visibility into the
frequency of the 10 delineated causes excluded from the Air Carrier
category. To the extent that the total value of amenities and
compensation that air carriers provide to consumers is reduced under
this final rule, the value of that reduction is best represented as a
transfer of value from consumers back to air carriers, rather than a
cost to consumers or a benefit to air carriers. Benefit and cost
estimates reflect real resource use, and in general it is more
appropriate to consider payments from one group to another that do not
affect the total resources available to society as transfers rather
than as costs or benefits.
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\13\ U.S. Department of Transportation, Office of Aviation
Consumer Protection. Airline Cancellation and Delay Dashboard,
available at <a href="https://www.transportation.gov/airconsumer/airline-cancellation-delay-dashboard">https://www.transportation.gov/airconsumer/airline-cancellation-delay-dashboard</a>.
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B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is considered an E.O. 14192 deregulatory action.
Details on the estimated cost savings of this rule can be found in the
rule's economic analysis.
C. Executive Order 13132 (Federalism)
This final rule has been analyzed in accordance with the principles
and criteria contained in E.O. 13132 (Federalism). This final rule does
not impose any requirement that: (1) has substantial direct effects on
the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government, (2) imposes substantial direct compliance
costs on State and local governments, or (3) preempts State law. The
Airline Deregulation Act already preempts States from regulating in
this area, 49 U.S.C. 41713. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply.
D. Executive Order 13175
This rule has been analyzed in accordance with the principles and
criteria contained in E.O. 13175 (Consultation and Coordination with
Indian Tribal Governments). Because the requirements of this final rule
do not significantly or uniquely affect the communities of the Indian
tribal governments or impose substantial direct compliance costs on
them, the funding and consultation requirements of E.O. 13175 do not
apply.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601, et
seq.) requires Federal agencies to review and assess the impact on
small entities of any regulation required by 5 U.S.C. 553 or any other
law to be published as a proposed rule for public comment prior to
issuance of a final rule. Because no notice of proposed rulemaking is
required for this rule under the Administrative Procedure Act (5 U.S.C.
553) or any other law the analytical provisions of the RFA do not
apply.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) (PRA),
no person is required to respond to a collection of information unless
it displays a valid OMB control number.
This final rule imposes revised requirements that would require
revisions to the information collection under OMB Control No. 2138-0041
and approval by OMB. The Department will seek approval from OMB for the
changes to the collection of information established in this final
rule.
G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (UMRA) at 2 U.S.C. 1532
requires that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. As described elsewhere in the preamble,
this final rule would have no such effect on State, local, and tribal
governments or on the private sector. Therefore, the Department has
determined that no assessment is required pursuant to UMRA.
H. National Environmental Policy Act
The Department has analyzed the environmental impacts of this final
rule pursuant to the National Environmental Policy Act of 1969 (NEPA)
\14\ and has determined that it is categorically excluded pursuant to
DOT Order 5610.1D, Procedures for Considering Environmental
Impacts.\15\ DOT Order 5610.1D categorically excludes ``[a]ctions
relating to consumer protection, including regulations.'' The purpose
of this rulemaking is to update reporting on the causes of flight
cancellations and delays, consistent with the requirements of the 2024
FAA Act. Section 506 of the 2024 FAA Act, codified at 49 U.S.C. 42307,
requires the Department to establish and maintain a publicly available
online delay and cancellation dashboard ``that displays information
regarding the services and compensation provided by each large air
carrier to mitigate any passenger inconvenience caused by a delay or
cancellation due to circumstances in the control of such carrier.''
That section further requires the Department to ``explain the
circumstances under which a delay or cancellation is not due to
circumstances in the control of the large air carrier . . . consistent
with [14 CFR] 234.4.'' Accordingly, this rulemaking, which defines
which causes of delay are and are not due to circumstances within the
control of an air carrier falls under the categorical NEPA exception
for regulations relating to consumer protection. The Department does
not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.
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\14\ 42 U.S.C. 4321, et seq.
\15\ Available at <a href="https://www.transportation.gov/sites/dot.gov/files/2025-07/DOT_Order_5610.1D_OST-P-250627-001_508_Compliant.pdf">https://www.transportation.gov/sites/dot.gov/files/2025-07/DOT_Order_5610.1D_OST-P-250627-001_508_Compliant.pdf</a>.
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List of Subjects in 14 CFR Part 234
Air carriers, Air rates and fares, Consumer protection, Reporting
and recordkeeping requirements.
For the reasons stated in the preamble, DOT amends 14 CFR part 234
as follows:
PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS
0
1. The authority citation for part 234 is revised to read as follows:
Authority: 49 U.S.C. 329, 41708, and 41709.
Sec. 234.4 also issued under sec. 511, Pub. L. 118-63, 138 Stat
1025 (49 U.S.C. 6302 note).
0
2. Amend Sec. 234.4 by:
0
a. Redesignating paragraphs (a)(22) through (29) as paragraphs (a)(23)
through (30);
0
b. Adding new paragraph (a)(22);
0
c. Revising paragraphs (b) and (c);
0
d. Revising paragraphs (h) introductory text and (h)(1) and adding
paragraph (h)(5); and
0
e. Revising paragraphs (i) introductory text and (i)(1), and adding
paragraph (i)(6).
The addition and revisions read as follows:
Sec. 234.4 Airline Service Quality Performance Reports
(a) * * *
(22) Minutes of delay attributed to the category for section 511(b)
of the FAA Reauthorization Act of 2024, if any.
* * * * *
(b) Repeat fields in paragraphs (a)(26) through (30) for each
subsequent diverted airport landing.
(c) When reporting the information specified in paragraph (a) of
this section for diverted flights, a reporting carrier shall use the
original scheduled flight number and the origin and destination
[[Page 56593]]
airport codes except for the item in paragraph (a)(26).
* * * * *
(h) Reporting carriers should use the following codes to identify
causes for cancelled flights:
------------------------------------------------------------------------
-------------------------------------------------------------------------
Code
A-Air Carrier
B-Extreme Weather
C-National Aviation System (NAS)
D-Security
E-Section 511(b)
------------------------------------------------------------------------
(1) Air Carrier cancellations are due to circumstances that were
within the control of the air carrier (e.g., lack of flight crew,
maintenance, etc.). Cancellations due to events listed in paragraph
(h)(5) of this section must not be reported as Air Carrier.
* * * * *
(5) Section 511(b) of the FAA Reauthorization Act of 2024
cancellations are due to:
(i) Aircraft cleaning necessitated by the death of a passenger;
(ii) Aircraft damage caused by extreme weather, foreign object
debris, or sabotage;
(iii) A baggage or cargo loading delay caused by an outage of a bag
system not controlled by a carrier or its contractor;
(iv) Cybersecurity attacks (provided that the air carrier is in
compliance with applicable cybersecurity regulations);
(v) A shutdown or system failure of government systems that
directly affects the ability of an air carrier to safely conduct
flights and is unexpected;
(vi) Overheated brakes due to a safety incident resulting in the
use of emergency procedures;
(vii) 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;
(viii) An emergency that required medical attention through no
fault of the carrier,
(ix) The removal of an unruly passenger; or
(x) An airport closure due to the presence of volcanic ash, wind,
or wind shear.
(i) Reporting carriers should use the following causes to identify
the reasons for delayed flights:
------------------------------------------------------------------------
-------------------------------------------------------------------------
CAUSE
Air Carrier
Extreme weather
NAS
Security
Late arriving aircraft
Section 511(b)
------------------------------------------------------------------------
(1) Air carrier delays are due to circumstances within the control
of the air carrier. Delays due to events listed in paragraph (i)(6) of
this section must not be reported as Air Carrier.
* * * * *
(6) Section 511(b) of the FAA Reauthorization Act of 2024 delays
are due to:
(i) Aircraft cleaning necessitated by the death of a passenger;
(ii) Aircraft damage caused by extreme weather, foreign object
debris, or sabotage;
(iii) A baggage or cargo loading delay caused by an outage of a bag
system not controlled by a carrier or its contractor;
(iv) Cybersecurity attacks (provided that the air carrier is in
compliance with applicable cybersecurity regulations);
(v) A shutdown or system failure of government systems that
directly affects the ability of an air carrier to conduct flights
safely and is unexpected;
(vi) Overheated brakes due to a safety incident resulting in the
use of emergency procedures;
(vii) 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;
(viii) An emergency that required medical attention through no
fault of the carrier,
(ix) The removal of an unruly passenger; or
(x) An airport closure due to the presence of volcanic ash, wind,
or wind shear.
* * * * *
Signed in Washington, DC
Sean P. Duffy,
Secretary of Transportation.
[FR Doc. 2026-18040 Filed 9-2-26; 8:45 am]
BILLING CODE 4910-9X-P
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