Interpretation Response #15-0111 ([Oxus America] [Mr. Ryan Lenaric])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 09/15/2015

Company Name: Oxus America

Individual Name: Mr. Ryan Lenaric

Location State: MI Country: US

View the Interpretation Document

Response text:

September 15, 2015

Mr. Ryan Lenaric
Quality Manager
Oxus America
2676 Paldan Drive
Auburn Hills, MI 48326

Ref. No. 15-0111

Dear Mr. Lenaric:

This responds to your June 8, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a portable oxygen concentrator (POC). Specifically, you inquire about obtaining approval from the Federal Aviation Administration (FAA) to allow a passenger to carry and operate the Model Number RS-00500 POC onboard an aircraft.

According to your letter, the POC noted above is for oxygen delivery to patients who require ambulatory supplemental oxygen therapy and is comprised of the same technology as your previously approved Model Number RS-00400 POC. The maximum operating pressure of the Model Number RS-00500 POC is 20.5 pounds per square inch (psig). The POC is capable of operation from AC or external DC power sources as well as a lithium ion battery pack. The battery pack has a Watt-hour (Wh) rating of 97 (2.2 ampere-hour (Ah) x 3.6 volts (V) x 12 cells). The lithium ion battery pack meets the appropriate testing requirements of the UN Manual of Tests and Criteria, and the battery pack is packaged in a manner to prevent short circuits when offered for transport or carried onboard an aircraft. You ask whether the Model Number RS-00500 POC is authorized under the HMR to be carried onboard an aircraft.

Based on the information provided, the Oxus America Model Number RS-00500 POC is not subject to the HMR as a Division 2.2 non-flammable gas. Furthermore, the lithium ion battery pack conforms to § 175.10(a)(18), excluding lithium ion batteries with a Wh rating between 100 and 160 Wh that require operator approval; and the Oxus America Model Number RS-00500 POC contains no other hazardous materials. Therefore, the Oxus America Model Number RS-00500 POC is allowed to be transported by passengers in accordance with the HMR.

Please note that notwithstanding the passenger exception in § 175.10(a)(18) of the HMR, the provisions of Special Federal Aviation Regulation (SFAR) 106 apply and are under the purview of the FAA. This response satisfies only one requirement in the FAA approval process before a POC may be operated onboard an aircraft. You may contact Ms. DK Deaderick in FAA's Flight Standards Service at (202) 267-7480 for questions regarding FAA's approval process.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

175.10(a)(18)

Regulation Sections