AMENDED IN SENIOR ASSEMBLY OCTOBER 16, 2006

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 3

INTRODUCED BY SENIOR ASSEMBLY MEMBER MITCHELL

LEGISLATIVE COUNSEL’S DIGEST

AFP 3: AIRCRAFT: PORTABLE OXYGEN CONCENTRATOR DEVICES.

UNDER EXISTING LAW, THE AIR CARRIER ACCESS ACT, THE FEDERAL AVIATION ADMINISTRATION (FAA) HAS ADOPTED A SPECIAL FEDERAL AVIATION REGULATION RELATIVE TO THE USE OF CERTAIN PORTABLE OXYGEN CONCENTRATOR (POC) DEVICES ONBOARD AIRCRAFT. THE REGULATION PERMITS PASSENGERS TO USE CERTAIN FAA APPROVED PORTABLE OXYGEN CONCENTRATOR DEVICES ON AIRCRAFT, PROVIDED CERTAIN CONDITIONS ARE SATISFIED, INCLUDING REQUIREMENTS FOR CARRY-ON BAGGAGE TRANSPORT AND BATTERY PACKAGING STANDARDS FOR THE SAFE CARRIAGE OF EXTRA POC BATTERIES.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD REQUIRE AIRCRAFT OPERATORS TO ALLOW PASSENGERS NEEDING OXYGEN THERAPY TO CARRY ON AND OPERATE THEIR OWN PERSONAL POC DEVICES CONSISTENT WITH THE SAFETY AND OPERATIONAL REQUIREMENTS OF THE FAA REGULATION.

VOTE: MAJORITY.

AFP 3: RELATING TO PORTABLE OXYGEN CONCENTRATOR DEVICES ONBOARD AIRCRAFT

WHEREAS, THE FEDERAL AVIATION ADMINISTRATION ADOPTED SPECIAL FEDERAL AVIATION REGULATION NO. 106 (SFAR NO. 106) RELATIVE TO THE USE OF CERTAIN PORTABLE OXYGEN CONCENTRATOR DEVICES ONBOARD AIRCRAFT, EFFECTIVE AUGUST 11, 2005; AND

WHEREAS, DURING THE RULEMAKING THAT RESULTED IN THE ADOPTION OF SFAR NO. 106, THE FAA WAS REQUESTED TO REQUIRE AIRCRAFT OPERATORS TO ALLOW PASSENGERS NEEDING OXYGEN THERAPY TO CARRY ON AND OPERATE THE PORTABLE OXYGEN CONCENTRATOR DEVICES; AND

WHEREAS, THE FAA RESPONDED THAT “THE FAA DOES NOT HAVE THE STATUTORY AUTHORITY UNDER THE AIR CARRIER ACCESS ACT TO REQUIRE AIR CARRIERS TO ALLOW THESE DEVICES TO BE CARRIED OR OPERATED ONBOARD THEIR AIRCRAFT. THAT AUTHORITY IS GRANTED ONLY TO THE DEPARTMENT OF TRANSPORTATION (DOT). IT IS DOT’S DECISION WHETHER OR NOT TO DESIGNATE THESE [PORTABLE OXYGEN CONCENTRATOR] DEVICES AS ASSISTIVE DEVICES, AND TO REQUIRE AIR CARRIERS TO ALLOW THE TRANSPORT OF THESE DEVICES AND, IN CONJUNCTION WITH THE FAA, REQUIRE AIR CARRIERS TO ALLOW PASSENGER OPERATION OF THESE DEVICES ONBOARD AIRCRAFT. THIS SFAR WILL OPEN THE DOOR FOR AIR CARRIERS TO TAKE ADVANTAGE OF THE NEW MARKET AVAILABLE THROUGH PASSENGER USE OF THESE DEVICES”; AND

WHEREAS, COMMERCIAL AIR CARRIERS ARE NOT CURRENTLY REQUIRED TO PROVIDE MEDICAL OXYGEN FOR PASSENGERS AND MANY REGIONAL CARRIERS AND SOME OF THE LARGER MAJOR CARRIERS DO NOT PROVIDE THIS SERVICE; AND

WHEREAS, THOSE COMMERCIAL AIR CARRIERS THAT DO ALLOW PASSENGERS TO USE MEDICAL OXYGEN TYPICALLY PROVIDE COMPRESSED OXYGEN THEMSELVES AND CHARGE A FEE FOR THIS SERVICE; AND

WHEREAS, THIS MEASURE PROPOSES TO ADDRESS THE TRAVELING NEEDS OF PERSONS ON OXYGEN THERAPY BY PERMITTING THE USE OF CERTAIN PORTABLE OXYGEN CONCENTRATOR DEVICES ON COMMERCIAL AIRCRAFT, PROVIDED CERTAIN CONDITIONS ARE SATISFIED; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT AIRCRAFT OPERATORS BE REQUIRED TO ALLOW PASSENGERS NEEDING OXYGEN THERAPY TO CARRY ON AND OPERATE THEIR OWN PERSONAL PORTABLE OXYGEN CONCENTRATOR DEVICES ONBOARD AIRCRAFT CONSISTENT WITH THE SAFETY AND OPERATIONAL REQUIREMENTS OF SFAR NO. 106; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN20061902311

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