New rule suffocates oxygen delivery to the Bush

A new regulation for oxygen tanks shipped by air went into effect yesterday, and its implementation is highlighting the conflict that sometimes arises between federal laws and the distinct challenges faced by rural Alaskans.

The new Department of Transportation regulation requires that all oxygen tanks transported aboard airplanes be placed in rigid packaging that can stand up to stringent heat and strength tests.

Alaskan air carriers and health-care providers argue that the requirement will cause a scarcity of oxygen tanks in rural areas.

"I was shocked at the contempt they're showing for people in the Bush," said John Dickens, a safety officer for a small air carrier that flies about 650 medical missions a year. "There are people who are going to die because of this."

Some carriers say that they didn't find out about the new regulation until very recently, and that the rules don't make any sense when applied to Alaska.

The regulation was first proposed in 2004 by the Pipeline and Hazardous Materials Safety Administration, a division of the Department of Transportation. The Federal Aviation Administration is also a division of the DOT, and enforces the rules laid down by PHMSA.

"Our regulations always give time for the regulated industry to prepare and get ready for the new regulation," said Joe Delcambre, a spokesman for PHMSA, from the DOT offices in downtown D.C.

"That's why it's curious that an air carrier would have taken so long to buy the required packaging, and is now rushing to us for an exemption," he said.

The new regulation would not affect medevac flights, because on those aircraft the oxygen system is already installed and part of the aircraft.

Alaska Airlines successfully applied for an exemption, and has a year before it has to start following the new regulation. Smaller carriers have applied for the same exemption.

"They need to issue a special permit for all the airlines up here," said Mike Tobin, manager of dangerous goods for Alaska Air Group, the group that includes Alaska Airlines and Horizon Air.

Alaska Airlines filed a comment when the regulation was first proposed in 2004, arguing that "DOT needs to consider the impact of this proposed rule on the health and welfare of Alaskans, not to mention the subsequent increased cost of medical care."

"The government did not consider their needs whatsoever," Tobin said. "In their mind there are roads everywhere, and people can get their oxygen that way. That's maybe true in 49 states, but it's definitely not true in Alaska."

Delcambre, the PHMSA spokesman, suggested that rural Alaskans use trucks and barges in the summer to stockpile oxygen for the winter.

"The people in the Bush can ship these in the warm months and not have to rely on air carriers in the cold months," he said.

The DOT's interest in regulating oxygen cylinders on airplanes stems in part from the 1996 crash of ValuJet flight 592 in Florida. On that flight, improperly stored chemical oxygen generators burst into flame in a cargo compartment. The flames quickly consumed the cabin and the plane crashed in the Everglades, killing all 110 aboard.

Chemical oxygen generators are different than the oxygen tanks or bottles commonly used in health care.

The new DOT regulation also affects compressed gasses used for construction.

On Friday morning the Alaska Council on Emergency Medical Services met in Anchorage to discuss the new regulation. The general feeling was that neither the DOT nor the FAA comprehend Alaska's situation, and that neither had warned local carriers and health providers about the updated law.

Previous leadership at the FAA's national office understood Alaska, said Terry Olliff, manager of the state's Section of Injury Prevention and Emergency Medical Services.

"The new guard assumes Alaska is no different than Texas," said Olliff.

Don Young, Alaska's sole U.S. congressman, also disagrees with the new regulation.