I don't recall ever having seen the agency use this provision.
On the other hand, there are three stages at the agency. The first two are facilitation and mediation. Most people are directed to the first stage. Neither of these first two stages leads to an official, executory, decision that could be applied to all the passengers.
This provision only applies to those who reach the third stage, the official one. Only a very small percentage of those who make a claim with the agency reach this stage.
That whole process doesn't work either.