U.S. Dept. of Transportation – Final Rule Allowing Air Concentrators on Flights

The U.S. Department of Transportation took another step in the right direction this month by issuing a final rule requiring airlines to accept certain approved portable oxygen concentrators onboard flights. The rule will apply to U.S. air carriers worldwide and to foreign air carriers whose flights begin or end in the U.S. Five portable oxygen concentrators have been approved for passengers to carry aboard aircraft: AirSep FreeStyle, AirSep LifeStyle, Inogen One, Respirnics EverGo and Sequal Eclipse.

Passengers flying to Europe, Asia, or other destinations on foreign air carriers now will have similar protections against discriminatory policies and be entitled to the same accommodations as passengers flying on U.S.carriers.DOT will also be better able to take enforcement action against a foreign carrier if it discriminates against an individual because of his or her disability on flights to or from the United States.

DOT will seek further comment about whether airlines should be required to provide medical oxygen to passengers upon request. A public hearing on the new ruling is scheduled in Washington June 3. The new rule will be effective in one year to give carriers enough time to begin implementing its provisions. The text of the final rule is available on the Internet at www.regulations.gov, docket number DOT-OST-2004-19482.