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Special Federal Aviation Regulation
14 CFR Parts 11 and 121
[Docket No. FAA-2004-18596; SFAR No. 106]
RIN 2120-AI30
Use of Certain Portable Oxygen Concentrator Devices Onboard Aircraft
 Regulatory Information
Special Federal Aviation Regulation No. 106 is added to read as follows: SPECIAL FEDERAL AVIATION REGULATON NO. 106. RULES FOR USE OF PORTABLE OXYGEN CONCENTRATOR SYSTEMS ON BOARD AIRCRAFT.
Section 1. Applicability--This rule prescribes special operating rules for the use of portable oxygen concentrator units on board civil aircraft. This rule applies to both the aircraft operator and the passenger using the portable oxygen concentrator on board the aircraft.
Section 2. Definitions--For the purposes of this SFAR the following definitions apply: Portable Oxygen Concentrator: means the AirSep Lifestyle or Inogen One Portable Oxygen Concentrator medical device units as long as those medical devices units: (1) Do not contain hazardous materials as determined by the Pipeline and Hazardous Materials Safety Administration; (2) are also regulated by the Food and Drug Administration; (3) provide oxygen therapy through pulse technology; and (4) assist a user of medical oxygen under a doctor's care. These units perform by separating oxygen from nitrogen and other gases contained in ambient air and dispensing it in concentrated form to the user.
Section 3. Operating requirements--
(a) No person may use and no aircraft operator may allow the use of any portable oxygen concentrator device, except the AirSep LifeStyle Portable Oxygen Concentrator and Inogen One Portable Oxygen Concentrator units. These units may be carried on and used by a passenger on board an aircraft provided the aircraft operator ensures that the following conditions are satisfied:
(1) The device does not cause interference with the electrical, navigation or communication equipment on the aircraft on which the device is to be used;
(2) No smoking or open flame is permitted within 10 feet of any seat row where a person is using a portable oxygen concentrator.
(3) During movement on the surface, takeoff, and landing, the unit must:
(i) Either be stowed under the seat in front of the user, or in another approved stowage location, so that it does not block the aisle way or the entryway into the row; or
(ii) If it is to be operated by the user, be used only at a seat location that does not restrict any passenger's access to, or use of, any required emergency or regular exit, or the aisle(s) in the passenger compartment;
(4) No person using a portable oxygen concentrator is permitted to sit in an exit row;
(5) The pilot in command must be apprised whenever a passenger brings and intends to use a portable oxygen concentrator on board the aircraft and the pilot in command must be informed about the contents of the physician's written statement (as required in Section 3(b)(3) of this SFAR), including the magnitude and nature of the passenger's oxygen needs.
(6) Whenever the pilot in command turns off the ``Fasten Seat Belt'' sign, or otherwise signifies that permission is granted to move about the passenger cabin, passengers operating their portable oxygen concentrator may continue to operate it while moving about the cabin.
(b) The user of the portable oxygen concentrator must comply with the following conditions to use the device on board the aircraft:
(1) The user must be capable of hearing the unit's alarms, seeing the alarm light indicators, and have the cognitive ability to take the appropriate action in response to the various caution and warning alarms and alarm light indicators, or be travelling with someone who is capable of performing those functions;
(2) The user must ensure that the portable oxygen concentrator is free of oil, grease or other petroleum products and is in good condition free from damage or other signs of excessive wear or abuse;
(3) The user must inform the aircraft operator that he or she intends to use a portable oxygen concentrator on board the aircraft and must allow the crew of the aircraft to review the contents of the physician's statement. The user must have a written statement, to be kept in that person's possession, signed by a licensed physician that:
(i) States whether the user of the device has the physical and cognitive ability to see, hear, and understand the device's aural and visual cautions and warnings and is able, without assistance, to take the appropriate action in response to those cautions and warnings;
(ii) States whether or not oxygen use is medically necessary for all or a portion of the duration of the trip; and
(iii) Specifies the maximum oxygen flow rate corresponding to the pressure in the cabin of the aircraft under normal operating conditions.
(4) Only lotions or salves that are oxygen approved may be used by persons using the portable oxygen concentrator device;
(5) The user, whose physician statement specifies the duration of oxygen use, must obtain from the aircraft operator, or by other means, the duration of the planned flight. The user must carry on the flight a sufficient number of batteries to power the device for the duration of the oxygen use specified in the user's physician statement, including a conservative estimate of any unanticipated delays; and
(6) The user must ensure that all portable oxygen concentrator batteries carried onboard the aircraft in carry-on baggage are protected from short circuit and are packaged in a manner that protects them from physical damage. Batteries protected from short circuit include: (1) Those designed with recessed battery terminals; or (2) those packaged so that the battery terminals do not contact metal objects (including the battery terminals of other batteries). When a battery-powered oxygen concentrator is carried onboard aircraft as carry-on baggage and is not intended to be used during the flight, the battery must be removed and packaged separately unless the concentrator contains at least two effective protective features to prevent accidental operation during transport.
Section 4. Expiration Date--This SFAR No. 106 will remain in effect until further notice.
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DATES: This SFAR becomes effective August 11, 2005.
EFFECTIVE DATE:
08/11/2005
TERMINATION DATE:
 Comments
Document History
Notice of Proposed Rulemaking Actions:
Not Applicable.
Other Final Rule Actions:
Not Applicable.
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