NCD letter to DOT Secretary on enforcement discretion of wheelchair rule

June 17, 2025

The Honorable Sean Duffy
Secretary
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590

Subject: Department of Transportation Final Rule 89 FR 102398: Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs (Wheelchair Rule)

Dear Secretary Duffy:

I am writing on behalf of the National Council on Disability (NCD), an independent, bipartisan federal agency that advises Congress, the President, and other federal agencies on disability policy, regarding the Department of Transportation’s Notification of Enforcement Discretion which announced that the U.S. Department of Transportation (DOT) will not take enforcement action against regulated entities before August 1, 2025, for failing to comply with the new or revised requirements contained in the final rule, “Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs” (Wheelchair Rule). This extends the enforcement discretion that DOT implemented on March 20, 2025.

While it is reasonable for DOT to ensure that it is consistent with the law, including the requirements of the 2024 FAA Act, Administration policies, and to consider the issues raised by a lawsuit filed recently to challenge certain provisions of the “Wheelchair Rule,” as noted in the extension, NCD strongly encourages the Department to continue enforcement of the new rule while it completes its review.

DOT received nearly 2000 comments in response to its rulemaking, with the majority reflecting overwhelming support of the Wheelchair Rule. The Rule was issued on December 17, 2024, establishing new requirements for airlines regarding air travelers with disabilities, such as training for personnel and contractors and airlines’ obligations when wheelchairs or scooters are mishandled. Enforcement of the Wheelchair Rule is necessary to address the serious problems wheelchair users experience when traveling by air that can impact their safety, dignity, and even health. Damage to individuals with disabilities and/or their wheelchairs by an airline can mean both short and long term loss of independence and costly repairs which can take months to complete. These occurrences chill an individual’s ability to travel with confidence whether it is for business or pleasure.

NCD stands ready to assist DOT through our expertise and advisement and would like to meet with you as soon as possible to discuss this extension. Please have your staff contact Joan Durocher, NCD’s General Counsel and Director of Policy, at jdurocher@ncd.gov to set up a meeting this week to discuss this further.

Respectfully,

David Shawn Kennemer
Vice Chair/Acting Chair