2006 PROGRESS REPORT

On or about Sept.7, 2005, the Department of Transportation proposed a rule change to 14 CFR 382. The following is a synopsis and excerpts of the very lengthy and involved literature.

SUMMARY:

The Department of Transportation proposes to amend its rules implementing the Air Carrier Access Act of 1966, 14CFR part 382, to provide greater accommodations in air travel for persons with respiratory disabilities. This notice of proposed rule making applies to U.S. air carriers and foreign air carriers operating flights in,to and from the U.S.

The proposed rule establishes procedures within applicable U.S. and foreign safety rules for the carriage and use of portable respiration-related assistive devices and medical oxygen devices aboard commercial flights by passengers with disabilities.

U.S. and foreign air carriers that operate at least one aircraft in their fleet with passenger seating of 60 or more will be required to provide accommodations on all of their aircraft.

Section 382.137 proposes that respiratory assistive devices and oxygen delivery systems be accorded the same treatment as other assistive devices and disability related services required under part 382 such that a passenger would not be charged a fee for carrier-supplied medical oxygen, excess baggage fees for a passenger’s respiratory assistive device, or fees for the cost associated with inspecting or testing a passenger’s respiratory assistive device.

The portable concentrator units manufactured by AirSep Inc. and Inogen Inc. do not contain hazardous materials and therefore are not subject to this regulation. However the other two devices (liquid oxygen units and safety sealed compressed oxygen) unless exempted, would be subject to safety regulations covering the carriage of hazardous materials aboard commercial aircraft.

Section 382.135 would only require the air carrier to supply oxygen to a passenger on board the aircraft, not from the curb to the aircraft, between connecting gates, or from the aircraft to the curb.

Approval and validation of a personal liquid oxygen devise, such as the Helios 300, having 0.9 lbs. of liquid oxygen, operates at 22 psi and lasts 6 to 10 hours depending on the flow rate, would be very beneficial to everyone.

If and when these rule changes become final, the air carriers will have six (6) months to establish a system to provide medical oxygen to passengers with disabilities upon request.

News Coverage Regarding The New Special Federal Aviation Regulation:
This Special Federal Aviation Regulation (SFAR) will permit passengers to use certain portable oxygen concentrator (POC) devices on aircraft, provided certain conditions in this SFAR are satisfied. The SFAR includes a POC preparation requirement for carry-on baggage transport, and a battery-packaging standard necessary for the safe carriage of extra POC batteries in carry-on baggage. This rulemaking action is necessary to address the travelling needs of people on oxygen therapy. This SFAR becomes effective August 11, 2005.

MEDIA COVERAGE:
-Reuters Health News: July 14, 2005
PDF Version or FlashPaper Available

-Am. Lung Association: July 15, 2005
PDF Version or FlashPaper Available