October 8 , 2014

Ms. Carol Vierling Acting Regulatory Affairs Manager Invacare Corporation One Invacare Way Elyria, Ohio 44035

- 4190

Dear Ms. Vierling :

This i s in response to your letter , dated August 5, 2014 sent to the public docket (No. FAA

2013

- 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 XPO10 B [ 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

increas e 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 a ircraft 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

o n 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 acceptance2 criteria for portable oxygen concent rators 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 o xygen 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 t hat we are not able to move forward on your petition while this issue is the subject of current rulemaking. Therefore, w e are closing out your petition with no further action.

However, w e encourage you to review the NPRM and would sincerely value your com ments.
C omments 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

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