October 8, 2014

Ms. Carol Vierling

Acting Regulatory Affairs Manager

Invacare Corporation

One Invacare Way

Elyria, Ohio 44035-4190

Dear Ms. Vierling:

This is in response to your letter, dated August 5, 2014 sent to the public docket (No. FAA2013-1013) to notify the Federal Aviation Administration that changes have been made to 

the internal and external batteries of the XPO2 Portable Oxygen Concentrator (model 

numbers XPO100 and XPO100B) and to provide supporting documentation for these 

changes. 

In your letter you state that the technological characteristics of the XPO100 and XPO10B 

[sic] Portable Oxygen Concentrator [sic] remain the same as the XPO2 Portable Oxygen 

Concentrator listed under Special Federal Aviation Regulation (SFAR) No. 106. You also 

state that Invacare Corporation has modified the internal and external batteries of the 

XPO100 and XPO100B Portable Oxygen Concentrator [sic] to improve use duration and to 

increase the expected life cycle. Additionally, you state that some minor design changes have 

also been incorporated for quality improvement purposes only. You also note that Invacare 

believes that these changes have no impact on safety and that these devices continue to be 

safe when carried aboard passenger aircraft.

The FAA understands that Invacare plans on manufacturing two new models of Portable 

Oxygen Concentrators (model numbers XPO100 and XPO100B). The FAA also understands

that these new models of Portable Oxygen Concentrators may have additional benefits for the 

users of these new models. However, under the provisions of SFAR No. 106, no person 

may use and no aircraft operator may allow the use of any portable oxygen concentrator 

device on an aircraft unless it is listed, by make and model in SFAR No. 106, as approved for 

use in aircraft. Therefore, the Invacare XPO100 and the Invacare XPO100B may not be used 

on aircraft.

On September 19, 2014, the FAA published a Notice of Proposed Rulemaking (NPRM), 

Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft. This 

rulemaking would replace Special Federal Aviation Regulation No. 106 with acceptance
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criteria for portable oxygen concentrators to be used by passengers in air carrier operations, 

commercial operations and certain other operations using large aircraft. This rulemaking 

would replace the burdensome approval process with acceptance criteria and add a

requirement for manufacturers to demonstrate compliance by affixing a label on the exterior 

of the portable oxygen concentrator. Portable oxygen concentrators currently approved for 

use on board aircraft would not be affected by this proposal.

If the intent of your letter was to petition the FAA for rulemaking to add the Invacare 

XPO100 and Invacare XPO100B portable oxygen concentrators to the list of approved 

devices listed by make and model in SFAR No. 106, we regret to inform you that we are not 

able to move forward on your petition while this issue is the subject of current rulemaking.

Therefore, we are closing out your petition with no further action.

However, we encourage you to review the NPRM and would sincerely value your comments. 

Comments must be received on or before November 18, 2014. Send comments identified by 

docket number FAA–2014–0554 to http://www.regulations.gov and follow the online 

instructions for sending your comments electronically.

Sincerely,

/s/

Jodie L. Baker

Deputy Assistant Manager, Air Transportation Division, AFS-200