On September 7, 2005, the Department of Transportation (DOT) proposed a rule to expand the impact of the August 2005 FAA final rule. The new rule:
- affects all flight beginning in or ending in the U.S. including foreign-based air carriers who are not already restricted by rules of other governments.
- allows portable oxygen concentrators manufacturers and persons with disabilities to request of air carriers that they 1) determine whether the portable oxygen concentrators interferes with navigation or other plane communication systems, 2) make a one-time determination on the permissibility of the portable oxygen concentrator on board, and 3) permit all positively tested portable oxygen concentrators aboard aircraft for medically needy passengers.
- requires air carriers to test portable oxygen concentrators on each model of plane they operate in the U.S.
- requires air carriers to test portable oxygen concentrators for every phase of flight including take-off and landing. If the air carrier determines that portable oxygen concentrators can be used safely during certain portions of the flight, it must allow the use of portable oxygen concentrators during that time only.
- gives air carriers 120 days from the receipt of request to test the portable oxygen concentrator, make any necessary operational changes, and accommodate the device’s use. Air carriers are prohibited from charging passengers for this testing.
- requires air carriers to notify passengers upon request whether a portable oxygen concentrator is currently permitted and, if so, for which phase of the flight.
- requires air carriers to give priority use of electrical outlets on board to users of portable oxygen concentrators over passengers with laptops or other non-medical equipment.
- requires passengers to carry additional batteries to provide power to portable oxygen concentrators during air travel when electrical outlets are not available. Portable oxygen concentrator manufactures are required to label all batteries as safe for in-flight use.
- prohibits air carriers from charging passengers with excess baggage fees for portable oxygen concentrators.
Regarding the provision of supplemental oxygen, beginning 6 months after the final rule, aircraft with over 60-passenger seating capacity are required to provide oxygen to medically needy passengers during air travel only (this does not cover layovers) at no charge. In order to access this option, passengers would be required to provide 48-hour notice to the air carrier.
Read complete DOT proposed rule (PDF)
