431
Federal Aviation Administration, DOT
§ 135.89
cargo contract air carrier or commer-
cial operator in operations under a
military cargo contract, if that car-
riage is specifically authorized by the
appropriate military service.
(f) An authorized representative of
the Administrator conducting an en
route inspection.
(g) A person, authorized by the Ad-
ministrator, who is performing a duty
connected with a cargo operation of
the certificate holder.
(h) A DOD commercial air carrier
evaluator conducting an en route eval-
uation.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–88, 68 FR 41218, July
10, 2003]
§ 135.87 Carriage of cargo including
carry-on baggage.
No person may carry cargo, including
carry-on baggage, in or on any aircraft
unless—
(a) It is carried in an approved cargo
rack, bin, or compartment installed in
or on the aircraft;
(b) It is secured by an approved
means; or
(c) It is carried in accordance with
each of the following:
(1) For cargo, it is properly secured
by a safety belt or other tie-down hav-
ing enough strength to eliminate the
possibility of shifting under all nor-
mally anticipated flight and ground
conditions, or for carry-on baggage, it
is restrained so as to prevent its move-
ment during air turbulence.
(2) It is packaged or covered to avoid
possible injury to occupants.
(3) It does not impose any load on
seats or on the floor structure that ex-
ceeds the load limitation for those
components.
(4) It is not located in a position that
obstructs the access to, or use of, any
required emergency or regular exit, or
the use of the aisle between the crew
and the passenger compartment, or lo-
cated in a position that obscures any
passenger’s view of the ‘‘seat belt’’
sign, ‘‘no smoking’’ sign, or any re-
quired exit sign, unless an auxiliary
sign or other approved means for prop-
er notification of the passengers is pro-
vided.
(5) It is not carried directly above
seated occupants.
(6) It is stowed in compliance with
this section for takeoff and landing.
(7) For cargo only operations, para-
graph (c)(4) of this section does not
apply if the cargo is loaded so that at
least one emergency or regular exit is
available to provide all occupants of
the aircraft a means of unobstructed
exit from the aircraft if an emergency
occurs.
(d) Each passenger seat under which
baggage is stowed shall be fitted with a
means to prevent articles of baggage
stowed under it from sliding under
crash impacts severe enough to induce
the ultimate inertia forces specified in
the emergency landing condition regu-
lations under which the aircraft was
type certificated.
(e) When cargo is carried in cargo
compartments that are designed to re-
quire the physical entry of a crew-
member to extinguish any fire that
may occur during flight, the cargo
must be loaded so as to allow a crew-
member to effectively reach all parts
of the compartment with the contents
of a hand fire extinguisher.
§ 135.89 Pilot requirements: Use of ox-
ygen.
(a)
Unpressurized aircraft.
Each pilot
of an unpressurized aircraft shall use
oxygen continuously when flying—
(1) At altitudes above 10,000 feet
through 12,000 feet MSL for that part of
the flight at those altitudes that is of
more than 30 minutes duration; and
(2) Above 12,000 feet MSL.
(b)
Pressurized aircraft.
(1) Whenever a
pressurized aircraft is operated with
the cabin pressure altitude more than
10,000 feet MSL, each pilot shall com-
ply with paragraph (a) of this section.
(2) Whenever a pressurized aircraft is
operated at altitudes above 25,000 feet
through 35,000 feet MSL, unless each
pilot has an approved quick-donning
type oxygen mask—
(i) At least one pilot at the controls
shall wear, secured and sealed, an oxy-
gen mask that either supplies oxygen
at all times or automatically supplies
oxygen whenever the cabin pressure al-
titude exceeds 12,000 feet MSL; and
(ii) During that flight, each other
pilot on flight deck duty shall have an
oxygen mask, connected to an oxygen
432
14 CFR Ch. I (1–1–24 Edition)
§ 135.91
supply, located so as to allow imme-
diate placing of the mask on the pilot’s
face sealed and secured for use.
(3) Whenever a pressurized aircraft is
operated at altitudes above 35,000 feet
MSL, at least one pilot at the controls
shall wear, secured and sealed, an oxy-
gen mask required by paragraph
(b)(2)(i) of this section.
(4) If one pilot leaves a pilot duty sta-
tion of an aircraft when operating at
altitudes above 25,000 feet MSL, the re-
maining pilot at the controls shall put
on and use an approved oxygen mask
until the other pilot returns to the
pilot duty station of the aircraft.
§ 135.91 Oxygen and portable oxygen
concentrators for medical use by
passengers.
(a) Except as provided in paragraphs
(d) and (e) of this section, no certifi-
cate holder may allow the carriage or
operation of equipment for the storage,
generation or dispensing of medical ox-
ygen unless the conditions in para-
graphs (a) through (c) of this section
are satisfied. Beginning August 22, 2016,
a certificate holder may allow a pas-
senger to carry and operate a portable
oxygen concentrator when the condi-
tions in paragraphs (b) and (f) of this
section are satisfied.
(1) The equipment must be—
(i) Of an approved type or in con-
formity with the manufacturing, pack-
aging, marking, labeling, and mainte-
nance requirements of title 49 CFR
parts 171, 172, and 173, except
§ 173.24(a)(1);
(ii) When owned by the certificate
holder, maintained under the certifi-
cate holder’s approved maintenance
program;
(iii) Free of flammable contaminants
on all exterior surfaces;
(iv) Constructed so that all valves,
fittings, and gauges are protected from
damage during carriage or operation;
and
(v) Appropriately secured.
(2) When the oxygen is stored in the
form of a liquid, the equipment must
have been under the certificate holder’s
approved maintenance program since
its purchase new or since the storage
container was last purged.
(3) When the oxygen is stored in the
form of a compressed gas as defined in
title 49 CFR 173.115(b)—
(i) When owned by the certificate
holder, it must be maintained under its
approved maintenance program; and
(ii) The pressure in any oxygen cyl-
inder must not exceed the rated cyl-
inder pressure.
(4) The pilot in command must be ad-
vised when the equipment is on board,
and when it is intended to be used.
(5) The equipment must be stowed,
and each person using the equipment
must be seated, so as not to restrict ac-
cess to or use of any required emer-
gency or regular exit, or of the aisle in
the passenger compartment.
(b) No person may smoke or create
an open flame and no certificate holder
may allow any person to smoke or cre-
ate an open flame within 10 feet of oxy-
gen storage and dispensing equipment
carried under paragraph (a) of this sec-
tion or a portable oxygen concentrator
carried and operated under paragraph
(f) of this section.
(c) No certificate holder may allow
any person other than a person trained
in the use of medical oxygen equip-
ment to connect or disconnect oxygen
bottles or any other ancillary compo-
nent while any passenger is aboard the
aircraft.
(d) Paragraph (a)(1)(i) of this section
does not apply when that equipment is
furnished by a professional or medical
emergency service for use on board an
aircraft in a medical emergency when
no other practical means of transpor-
tation (including any other properly
equipped certificate holder) is reason-
ably available and the person carried
under the medical emergency is accom-
panied by a person trained in the use of
medical oxygen.
(e) Each certificate holder who, under
the authority of paragraph (d) of this
section, deviates from paragraph
(a)(1)(i) of this section under a medical
emergency shall, within 10 days, ex-
cluding Saturdays, Sundays, and Fed-
eral holidays, after the deviation, send
to the responsible Flight Standards of-
fice a complete report of the operation
involved, including a description of the
deviation and the reasons for it.
(f)
Portable oxygen concentrators
—(1)
Acceptance criteria.
A passenger may