SUPPLEMENTARY INFORMATION:

On December 17, 2024, DOT issued a final rule on “Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs” (Wheelchair Rule). See89 FR 102398. The final rule, which included certain provisions required by the FAA Reauthorization Act of 2024 (2024 FAA Act), expanded existing airline obligations in 14 CFR part 382 regarding the treatment of air travelers with disabilities. More specifically, the final rule established new requirements in various areas such as training for airline personnel and contractors, assistance to passengers who use wheelchairs in embarking and disembarking from aircraft and moving within the terminal, and airlines' obligations should wheelchairs or scooters be mishandled. The final rule became effective on January 16, 2025; however, individual requirements in the final rule have varying implementation times, ranging from January 16, 2025 to June 17, 2026 for training requirements.

DOT previously announced that it would exercise its enforcement discretion and not enforce the Wheelchair Rule until March 20, 2025. See90 FR 9953 (Feb. 20, 2025). DOT subsequently extended its enforcement discretion and announced it would not enforce the Wheelchair Rule until August 1, 2025. See90 FR 24319 (June 10, 2025). DOT explained that additional time was needed for the officials appointed or designated by the President to review the Wheelchair Rule to ensure that it is consistent with the law, including the requirements of the 2024 FAA Act, and Administration policies, and to consider the issues raised by a lawsuit.

The Department has now initiated a new rulemaking titled “Airline Obligations to Accommodate Air Travelers with Disabilities Using Wheelchairs” (Wheelchair Rule II).^[1] The 2025 Spring Unified Agenda identifies four provisions of the Wheelchair Rule that will be among those considered in Wheelchair Rule II: (1) airlines' liability when passengers' wheelchairs or other assistive devices are not timely returned in the condition they were received; ^[2] (2) frequency of required refresher training of airline employees and contractors; ^[3] (3) pre-departure notifications to passengers that check wheelchairs or scooters of their right to contact a Complaint Resolution Official and file a claim; ^[4] and (4) reimbursements of the difference between the fare on a flight a wheelchair or scooter user took, and the fare on a flight that the wheelchair or scooter user would have taken if his or her wheelchair or scooter had been able to fit on the flight.^[5]

DOT has announced a target date of August 2026 for issuance of a notice of proposed rulemaking (NPRM) for Wheelchair Rule II.^[6] 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. As such, DOT believes that the public interest would be best served by DOT exercising its discretion to temporarily pause enforcement of the four provisions identified above until a decision is made on whether to move forward with a final rule. The earliest date that DOT expects to make such determination is December 31, 2026. This notice of enforcement discretion does not affect the enforcement of requirements in the Wheelchair Rule beyond the four identified above.

90 FR 46751