SUPPLEMENTARY INFORMATION:

On August 1, 2023, DOT issued a final rule on “Accessible Lavatories on Single-Aisle Aircraft” (Accessible Lavatory Rule).^[1] Among other things, this rule requires airlines to train flight attendants to proficiency on an annual basis to assist in transporting qualified individuals with disabilities to and from the lavatory from the aircraft seat using an on-board wheelchair (OBW).^[2] This training must include hands-on training on the retrieval, assembly, stowage, transfer features, and use of the OBW. It also requires flight attendants to be trained on the accessibility features of lavatories themselves. This provision of the rule is scheduled to become effective on October 2, 2026.

In May 2024, Congress passed the Federal Aviation Administration (FAA) Reauthorization Act of 2024 (2024 FAA Act). Section 542 of the 2024 FAA Act directed the Department to issue a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding devices, and airline personnel or contractors who stow wheelchairs and scooters on aircraft. Under the 2024 FAA Act, recurrent training must be conducted within 18 months of initial training, and trainees must be recertified on the job every 18 months thereafter by a relevant superior to remain qualified for providing aisle chair assistance. On December 17, 2024, DOT issued a final rule on “Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs” (Wheelchair Rule I).^[3] The final rule, which included certain provisions required by the 2024 FAA Act such as training requirements, expanded existing airline obligations in 14 CFR part 382 regarding the treatment of air travelers with disabilities. In that regulation, the Department requires initial training by June 17, 2026, and at least once every twelve months thereafter for these personnel.^[4]

Recently, the Department has initiated a new rulemaking titled “Airline Obligations to Accommodate Air Travelers with Disabilities Using Wheelchairs” (Wheelchair Rule II) ^[5] that will address four provisions of Wheelchair Rule I related to airline liability for mishandled wheelchairs,^[6] refresher training frequency,^[7] pre-departure notifications,^[8] and fare difference reimbursements.^[9] The Department previously announced that it would exercise its enforcement discretion and not enforce these requirements while it engages in the rulemaking process.^[10] In that prior announcement, the Department stated that the earliest date it expected to make a decision on whether to move forward with a final rule was December 31, 2026. However, the Department now anticipates that the earliest date it will be decided is April 30, 2027. Consequently, the Department is expanding its exercise of enforcement discretion and extending the temporary compliance pause for the four affected Wheelchair Rule I provisions from December 31, 2026 to April 30, 2027.

Recently, a large U.S. carrier asked the Department for flexibility in enforcement regarding the annual training requirements of the Accessible Lavatory Rule. The carrier explained that it received approval from the FAA to conduct certain flight attendant safety training, as required by 14 CFR part 121, on an 18-month cycle rather than a 12-month cycle. The carrier argued that it is inefficient to conduct one type of training (required by DOT) on an annual basis while conducting another type of training (required by the FAA) on an 18-month basis.^[11]

To ensure that the various training requirements in part 382 are consistent with the law and Administration policies, the Department has decided that the training frequency issue raised by the Accessible Lavatory Rule will be addressed within the scope of Wheelchair Rule II. Wheelchair Rule II will consider the frequency of refresher training for flight attendants on how to assist passengers to and from aircraft lavatories, including hands-on training with the OBWs and the accessibility features of the lavatories. As such, the Department believes that the public interest is best served by the Department extending its temporary pause in enforcement to the frequency of the training requirement in 14 CFR 382.63(h)(1) to align with the updated Wheelchair Rule II. This notice of enforcement discretion does not affect the enforcement of requirements in the Accessible Lavatory Rule other than the one identified above.

91 FR 49272