The U.S. Department of Transportation (DOT) wants the airline industry - including most regionals - to accommodate passengers needing oxygen while traveling.

The proposed rule places the burden of testing some 61 different devices on each airline instead of the government or the medical-device industry.

While the airlines have concerns about the proposed rules, the Regional Airline Association (RAA) and others contend the review process is flawed on this particular issue. RAA President Deborah McElroy and representatives from the Air Transport Association (ATA), the Air Carrier Association of America (ACAA) and the National Air Carrier Association (NACA) met on Sept. 16 with DOT officials to seek additional information about DOT's expectations. McElroy said DOT has not provided all the scientific, technical and cost issues that the industry normally uses to comment on. The industry wants DOT to extend the comment period from Nov. 7 to Jan. 30, 2006.

The proposed rules would spell out when a passenger can bring aboard a plane one of four types of respiratory devices. The devices include ventilators, respirators, portable oxygen concentrators and continuous positive airway pressure machines.

At the moment, many U.S. carriers do not permit passengers to bring onboard their own oxygen devices. In some cases, the airlines sell oxygen to those travelers needing it.

One drawback is that some of the oxygen concentrators can be considered hazardous cargo. Unless a carrier is certified to carry hazardous materials, McElroy said these devices are not allowed on a plane. Not only are most regionals not certified, but neither is Southwest Airlines [LUV], McElroy pointed out.

The logistical challenges for travelers needing oxygen often result in the potential customers driving instead of flying, DOT noted. In turn, this inconvenience is the source of multiple complaints to DOT. Since the department opened the docket for comment on Sept. 6, all the comments have been from individuals supporting the change and demanding an end to what they term as discriminatory practices.

"It is a serious issue. The regional carriers are committed to assisting passengers with a disability. But there are so many complex issue raised, we need more time to develop our response," McElroy told Regional Aviation News.

"DOT is not an expert on oxygen. It is looking for disability groups, oxygen providers and the airlines to give them information. This issue is not ready for final rule," she added.

If the government had used an advance notice procedure prior to writing the proposed rule, McElroy said all the parties could have provided DOT with the technical information it would need so it could better define the proposal.

In a study for DOT, the Battelle Institute calculated that the change would benefit 537,225 to 1.2 million oxygen users.

According to the proposed rule, the changes would apply to any regional carrier that has even just one aircraft capable of carrying 60 or more passengers. McElroy said the rules would then apply to the carrier's entire fleet, including its turboprops.

In its study, Battelle proposed that a different testing regime be devised. As proposed by DOT, each individual carrier must test these oxygen devices for each of its aircraft types and certify that the electronics would not interfere with the aircraft's avionics. The tests would be performed when a potential passenger asks about a specific device. There is no requirement that the passenger hold a ticket on the carrier.

The DOT estimates that it would collectively cost domestic carriers $18.6 million to $39.1 million to implement. On the other hand, it estimates that new passenger revenue would range from $40.2 million to $100.6 million.

By Battelle's calculation, the first-year costs could range from $55.7 million to $69 million. Over 10 years, the costs may range from $262.7 million to $577.2 million.

In the first year, the tests would be expensive. Each carrier could be required to test 61 different devices. The devices must be tested on 392 different airplanes. Battelle estimates that the initial test for each device could cost between $6,000 and $7,500. For each additional aircraft type, another $1,200 to $1,500 would be spent on testing.

>>FAA Docket: OST-05-22298; Contact: Deborah McElroy, RAA, (202) 367-1170.<<