[Federal Register Volume 91, Number 128 (Tuesday, July 7, 2026)]
[Rules and Regulations]
[Pages 41556-41557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13675]


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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.

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SUMMARY: The U.S. Department of Transportation (Department or DOT) is 
extending its current enforcement discretion, announced on December 5, 
2025, regarding specific refund regulations. Under current regulations, 
a flight assigned a different flight number than was active at the time 
of ticket purchase is considered a ``cancelled flight,'' making the 
consumer eligible for a prompt refund and related notifications. The 
Department is extending its discretion to not enforce these 
requirements for renumbered flights, provided that the passenger is 
rebooked on a flight with a new number and the flight operates without 
any ``significant change or delay'' as defined in its regulations. This 
extension provides the Department with the necessary time to complete 
the pending rulemaking addressing the definition of a flight 
cancellation.

DATES: As of July 7, 2026, the Department is extending the pause on the 
enforcement of airline refunds requirements regarding cancelled flights 
under 14 CFR parts 260 and 399 for flights that are merely renumbered. 
This enforcement discretion is extended for 1-year from the date of 
this publication, expiring on July 7, 2027.

ADDRESSES: This notification of enforcement discretion may be viewed 
online at www.regulations.gov 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's website at www.federalregister.gov and the 
Government Publishing Office's website at www.GovInfo.gov.

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), [email protected], or [email protected] 
(email).

SUPPLEMENTARY INFORMATION: On April 26, 2024, DOT published a final 
rule titled ``Refunds and Other Consumer Protections'' (Refund I) (89 
FR 32760). Under that rule, a ``cancelled flight'' was defined in a way 
that classified a flight operated under a different flight number as a 
new flight, meaning the original flight was considered cancelled and 
subject to refund requirements. 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. Following the implementation of Refund I, multiple airlines 
submitted requests highlighting the necessity of flight renumbering for 
logistical reasons (such as switching between mainline and regional 
service) and the general lack of material impact on passengers. Upon 
review, DOT determined that consumers face no inherent harm from 
routine flight renumbering, and, on December 5, 2025, published a 
notification of enforcement discretion (90 FR 55999) announcing no 
enforcement of these specific ticket refund and notification 
requirements until June 30, 2026.
    The Department is engaged in a rulemaking titled ``Airline Refunds 
and Other Consumer Protections III'' (Refund III), identified by RIN 
2105-AF36. Among other things, this proposed rule aims to reduce 
unnecessary regulatory burdens by modifying the definition of a flight 
cancellation that would entitle consumers to ticket refunds. Because 
the Refund III rulemaking remains pending, the Department is extending 
the enforcement pause for an additional 1-year period from the date of 
this publication. Taking this interim step avoids imposing 
counterproductive operational and technical difficulties on airlines 
while the rulemaking process is ongoing.
    This enforcement discretion remains temporary and strictly limited. 
It applies solely to situations where a flight is given a different 
flight number but the passenger is successfully rebooked on

[[Page 41557]]

the new flight without experiencing a ``significant change or delay'' 
(e.g., changes to departure/arrival times by three or more hours 
domestically, changes in departure/arrival airports, or downgrades in 
class of service). If a flight number change is accompanied by any such 
significant delay or disruptions, standard consumer refund mandates 
remain fully enforceable.
    This extension does not prejudge the outcome of the pending Refund 
III rulemaking. Furthermore, it does not alter any other consumer 
protections established in other DOT rulemakings, including airlines' 
obligations to offer free rebooking when a change to a smaller aircraft 
means a passenger's wheelchair or scooter can no longer be 
accommodated. It also does not alter how U.S. carriers report on-time 
performance data to the Department pursuant to 14 CFR part 234.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.27(n):
Gregory Zerzan,
General Counsel.
[FR Doc. 2026-13675 Filed 7-6-26; 8:45 am]
BILLING CODE 4910-9X-P