G/TBT/N/USA/1142  
 
15 June 2016  
(16-3267)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: Federal Aviation Admini stration (FAA) [1157] 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
Please submit comments to: USA WTO TBT Enquiry Point 
Email: usatbtep@nist.gov   
3. Notified under Article 2.9.2 [ ], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: X 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS: numbers may be provided in addition, where applicable): Portable oxygen 
concentrators: Medical equipment (ICS: 11.040), Aids for disabled or handicapped persons 
(ICS: 11.180) 
5. Title, number of pages and langua ge(s) of the notified document: Acceptance Criteria 
for Portable Oxygen Concentr ators Used On Board Aircraft  (26 pages, in English)  
6. Description of content: This final rule replaces the existing process by which the Federal 
Aviation Administration (Agency or FAA) appr oves portable oxygen concentrators (POC) for 
use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a 
case-by-case basis and if the FAA determines that a particular POC is safe for use on board 
an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. This final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label 
indicating conformance with the acceptance criteria. The labeling requirement only affects 
POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, this rulemaking will eliminate redundant operational 
requirements and paperwork requirements related to the physician's statement. As a 
result, this rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. This final rule also makes conforming 
amendments to the Department of Transp ortation's (Department or DOT) rule 
implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Prevention of deceptive practices and consumer protection  G/TBT/N/USA/1142 
 
- 2 - 
 
  8. Relevant documents:  
 81 Federal Register (FR) 33097, 24 May 2016; Title 14 Code of Federal Regulations 
(CFR) Parts 1, 11, 121, 125 and 135.  
 Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft – 
Notice of proposed rulemaking published 19 September 2014:  
https://www.gpo.gov/fdsys/pkg/FR- 2014-09-19/html/2014-21964.htm  
https://www.gpo.gov/fdsys/pkg/F R-2014-09-19/pd f/2014-21964.pdf  
9. Proposed date of adoption: 23 June 2016 
Proposed date of entry into force: 23 June 2016   
10. Final date for comments: None 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://members.wto.org/crnattachm ents/2016/TBT/USA/16_2328_00_e.pdf