Ruling boosts supplemental oxygen on planes

Whew. This time next year, air travelers who require supplemental oxygen will be able to breathe a bit more easily. Negotiating airports and security will be simpler for passengers with impaired sight, hearing or mobility as well.

On May 7, the U.S. Department of Transportation issued rulings that strengthen the Air Carrier Access Act, the landmark 1986 legislation protecting people with disabilities against discrimination when they travel by air.

In addition to mandating new regulations for transportation providers, the rules have been extended to all commercial aircraft, regardless of the number of passengers they may carry, as well as to all foreign carriers operating flights that begin or end in the United States.

The 390-page document details considerations for a spectrum of issues, from how long passengers in wheelchairs may be left unattended (no more than 30 minutes) to how service animals must be accommodated. It also spells out how complaints must be addressed and noncompliance compensated. Carriers have one year to implement the provisions.

While the ruling will reduce some barriers for disabled travelers, people with pulmonary issues may get the most relief. At one time, all airlines were required to provide emergency oxygen en route and to train cabin staff to use the equipment, but enforcement of that regulation has become more lax, especially on smaller aircraft. The risk of this poor enforcement was underscored recently when a female passenger died in flight before emergency oxygen could be supplied.

Since many carriers banned supplemental oxygen tanks on their planes after 9/11, travelers who need oxygen or require ventilators, respirators or CPAP machines have had a difficult time making flight plans.

Some carriers, including American, Continental, Delta, Northwest and United, have procedures to let passengers get oxygen tanks, at least on their larger jets. The booking procedure and equipment varies from airline to airline. Some supply their own tanks for fee of about $100 for each flight leg of a journey; others recommend designated oxygen suppliers. All require at least 48 hours' advance notice to make arrangements, along with a doctor's order specifying the oxygen need, both in liter flow per minute and whether it's continuous or as-needed.

Yet, citing insurance issues and the risks of mishap, other airlines, notably Southwest, ATA, JetBlue, and, since its merger with America West, US Airways, don't allow any oxygen tanks on board.

Three years ago the DOT approved the use of portable oxygen concentrators on planes. Rather than relying on tanked supplies of compressed gas, these electric devices create a supply of nearly pure oxygen from the surrounding atmosphere by filtering out nitrogen and other elements and particulates. Two brands of portable oxygen concentrators, Inogen One and AirSep Lifestyle, were certified. Weighing about 10 pounds, these devices provide a reliable, intermittent flow of supplemental oxygen, quietly running on AC current or rechargeable batteries that can provide power for up to three hours.

But in that ruling, the DOT left airlines with the option of deciding whether to permit them on particular aircrafts. The devices might be OK on a larger plane, but not on smaller commuter jets that have become so common these days.

The chronic uncertainty of flight schedules these days only exacerbates the problem. It's one thing if a passenger's itinerary is delayed because of a change of schedule or aircraft, and quite another if that change compromises their ability to breathe.

Under the new rules, airlines must permit passengers to bring and use their own respiratory assistive device in the cabin as long as it has been tested and labeled by its manufacturer as meeting applicable FAA regulations. Airlines also are required to permit passengers to bring extra batteries on board, as well as make provisions to provide necessary electrical power during the flight. Furthermore, none of this equipment will count as extra carry-on baggage. Passengers with these special needs will have to provide 48 hours' advance notice and check in twice as early at the airport than required of other passengers.

How well and how quickly cash-strapped carriers comply with the new regulations will send a clear signal of their commitment to provide equal opportunity for all of their customers. But unlike low-fare guarantees, on-time operation, in-flight amenities or timely luggage delivering, these service standards will be required starting next May.