A new US Department of Transportation regulation regarding portable oxygen concentrators took effect on May 13, 2009. Under this regulation, every FAA approved portable concentrator is now authorized for use during any commercial flight that takes off or lands in the US, regardless of whether the airline itself has approved the device or not.

Previously, airlines were allowed to refuse use during flight, even if the FAA had approved the product. As long as the patient has a physician's statement of oxygen necessity that is signed within 10 days of the departure date, and the portable concentrator has an "FAA Approved" label on it, every airline must allow that patient to use the concentrator during flight.