Rule2025-18980
Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs
Primary source
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Published
September 30, 2025
Issuing agencies
Transportation Department
Abstract
This document announces that the U.S. Department of Transportation (DOT) is delaying enforcement of certain provisions of the final rule on "Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs" (Wheelchair Rule) while it engages in a new rulemaking that will consider whether to modify those provisions. As described below, this exercise of enforcement discretion applies to provisions of the Wheelchair Rule related to airline liability for mishandled wheelchairs, refresher training frequency, pre-departure notifications, and fare difference reimbursements. This exercise of enforcement discretion is intended to remove the burden of complying with requirements under review by DOT and does not prejudge the outcome of the new rulemaking. This notice does not affect the enforcement of requirements in the Wheelchair Rule beyond the four identified provisions.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 46751-46752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18980]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2022-0144]
RIN 2105-AF14
Ensuring Safe Accommodations for Air Travelers With Disabilities
Using Wheelchairs
AGENCY: Office of the Secretary of Transportation (OST), U.S.
Department of Transportation.
ACTION: Notification of enforcement discretion.
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SUMMARY: This document announces that the U.S. Department of
Transportation (DOT) is delaying enforcement of certain provisions of
the final rule on ``Ensuring Safe Accommodations for Air Travelers With
Disabilities Using Wheelchairs'' (Wheelchair Rule) while it engages in
a
[[Page 46752]]
new rulemaking that will consider whether to modify those provisions.
As described below, this exercise of enforcement discretion applies to
provisions of the Wheelchair Rule related to airline liability for
mishandled wheelchairs, refresher training frequency, pre-departure
notifications, and fare difference reimbursements. This exercise of
enforcement discretion is intended to remove the burden of complying
with requirements under review by DOT and does not prejudge the outcome
of the new rulemaking. This notice does not affect the enforcement of
requirements in the Wheelchair Rule beyond the four identified
provisions.
DATES: As of September 30, 2025, enforcement of 14 CFR 382.125(e),
382.130(a), 382.132, and 382.141(a)(6) contained in the Wheelchair
Rule, published on December 17, 2024, at 89 FR 102398, is delayed until
December 31, 2026.
ADDRESSES: This notification of enforcement discretion, the notice of
proposed rulemaking (NPRM), all comments received, the final rule, and
all background material may be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a>
using the docket number 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
FOR FURTHER INFORMATION CONTACT: Tori Ford, Vinh Nguyen, or Blane
Workie, Office of Aviation Consumer Protection, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-
9342 (phone), 202-366-7152 (fax), <a href="/cdn-cgi/l/email-protection#afd9c6ccdbc0ddc6ce81c9c0ddcbefcbc0db81c8c0d9"><span class="__cf_email__" data-cfemail="8cfae5eff8e3fee5eda2eae3fee8cce8e3f8a2ebe3fa">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#bdcbd4d3d593d3dac8c4d8d3fdd9d2c993dad2cb"><span class="__cf_email__" data-cfemail="80f6e9eee8aeeee7f5f9e5eec0e4eff4aee7eff6">[email protected]</span></a>, or <a href="/cdn-cgi/l/email-protection#a3c1cfc2cdc68dd4ccd1c8cac6e3c7ccd78dc4ccd5"><span class="__cf_email__" data-cfemail="dbb9b7bab5bef5acb4a9b0b2be9bbfb4aff5bcb4ad">[email protected]</span></a> (email).
SUPPLEMENTARY INFORMATION: On December 17, 2024, DOT issued a final
rule on ``Ensuring Safe Accommodations for Air Travelers With
Disabilities Using Wheelchairs'' (Wheelchair Rule). See 89 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.
See 90 FR 9953 (Feb. 20, 2025). DOT subsequently extended its
enforcement discretion and announced it would not enforce the
Wheelchair Rule until August 1, 2025. See 90 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\
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\1\ Spring 2025 Unified Agenda of Regulatory and Deregulatory
Actions, Department of Transportation, Airline Obligations to
Accommodate Air Travelers with Disabilities Using Wheelchairs (RIN
2105-AF35) at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF35">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF35</a>.
\2\ Codified at 14 CFR 382.130(a).
\3\ Codified at 14 CFR 382.141(a)(6).
\4\ Codified at 14 CFR 382.125(e).
\5\ Codified at 14 CFR 382.132.
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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.
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\6\ Spring 2025 Unified Agenda of Regulatory and Deregulatory
Actions, Department of Transportation, Airline Obligations to
Accommodate Air Travelers with Disabilities Using Wheelchairs (RIN
2105-AF35) at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF35">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2105-AF35</a>.
Issued in Washington, DC, under authority delegated in 49 CFR
1.27(a).
Gregory D. Cote,
Acting General Counsel.
[FR Doc. 2025-18980 Filed 9-29-25; 8:45 am]
BILLING CODE 4910-9X-P
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