title-14-part-135-sec135-91

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.

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

433

Federal Aviation Administration, DOT

§ 135.93

carry or operate a portable oxygen con-
centrator for personal use on board an
aircraft and a certificate holder may
allow a passenger to carry or operate a
portable oxygen concentrator on board
an aircraft operated under this part
during all phases of flight if the port-
able oxygen concentrator satisfies all
of the requirements of this paragraph
(f):

(i) Is legally marketed in the United

States in accordance with Food and
Drug Administration requirements in
title 21 of the CFR;

(ii) Does not radiate radio frequency

emissions that interfere with aircraft
systems;

(iii) Generates a maximum oxygen

pressure of less than 200 kPa gauge
(29.0 psig/43.8 psia) at 20

C (68

F);

(iv) Does not contain any hazardous

materials subject to the Hazardous Ma-
terials Regulations (49 CFR parts 171
through 180) except as provided in 49
CFR 175.10 for batteries used to power
portable electronic devices and that do
not require aircraft operator approval;
and

(v) Bears a label on the exterior of

the device applied in a manner that en-
sures the label will remain affixed for
the life of the device and containing
the following certification statement
in red lettering: ‘‘The manufacturer of
this POC has determined this device
conforms to all applicable FAA accept-
ance criteria for POC carriage and use
on board aircraft.’’ The label require-
ments in this paragraph (f)(1)(v) do not
apply to the following portable oxygen
concentrators approved by the FAA for
use on board aircraft prior to May 24,
2016:

(A) AirSep Focus;
(B) AirSep FreeStyle;
(C) AirSep FreeStyle 5;
(D) AirSep LifeStyle;
(E) Delphi RS–00400;
(F) DeVilbiss Healthcare iGo;
(G) Inogen One;
(H) Inogen One G2;
(I) Inogen One G3;
(J) Inova Labs LifeChoice;
(K) Inova Labs LifeChoice Activox;
(L) International Biophysics

LifeChoice;

(M) Invacare Solo2;
(N) Invacare XPO2;

(O) Oxlife Independence Oxygen Con-

centrator;

(P) Oxus RS–00400;
(Q) Precision Medical EasyPulse;
(R) Respironics EverGo;
(S) Respironics SimplyGo;
(T) SeQual Eclipse;
(U) SeQual eQuinox Oxygen System

(model 4000);

(V) SeQual Oxywell Oxygen System

(model 4000);

(W) SeQual SAROS; and
(X) VBox Trooper Oxygen Concen-

trator.

(2)

Operating requirements.

Portable

oxygen concentrators that satisfy the
acceptance criteria identified in para-
graph (f)(1) of this section may be car-
ried on or operated by a passenger on
board an aircraft provided the aircraft
operator ensures that all of the condi-
tions in this paragraph (f)(2) are satis-
fied:

(i)

Exit seats.

No person operating a

portable oxygen concentrator is per-
mitted to occupy an exit seat.

(ii)

Stowage of device.

During move-

ment on the surface, takeoff and land-
ing, the device must be stowed under
the seat in front of the user, or in an-
other approved stowage location so
that it does not block the aisle way or
the entryway to the row. If the device
is to be operated by the user, it must
be operated only at a seat location that
does not restrict any passenger’s access
to, or use of, any required emergency
or regular exit, or the aisle(s) in the
passenger compartment.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–60, 61 FR 2616, Jan. 26,
1996; Docket FAA–2014–0554, Amdt. 135–133, 81
FR 33119, May 24, 2016; Docket FAA–2018–0119,
Amdt. 135–139, 83 FR 9175, Mar. 5, 2018]

§ 135.93 Minimum altitudes for use of

autopilot.

(a)

Definitions.

For purpose of this

section—

(1) Altitudes for takeoff/initial climb

and go-around/missed approach are de-
fined as above the airport elevation.

(2) Altitudes for enroute operations

are defined as above terrain elevation.

(3) Altitudes for approach are defined

as above the touchdown zone elevation
(TDZE), unless the altitude is specifi-
cally in reference to DA (H) or MDA, in