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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 

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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