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
434
14 CFR Ch. I (1–1–24 Edition)
§ 135.95
which case the altitude is defined by
reference to the DA(H) or MDA itself.
(b)
Takeoff and initial climb.
No person
may use an autopilot for takeoff or ini-
tial climb below the higher of 500 feet
or an altitude that is no lower than
twice the altitude loss specified in the
Airplane Flight Manual (AFM), except
as follows—
(1) At a minimum engagement alti-
tude specified in the AFM; or
(2) At an altitude specified by the Ad-
ministrator, whichever is greater.
(c)
Enroute.
No person may use an
autopilot enroute, including climb and
descent, below the following—
(1) 500 feet;
(2) At an altitude that is no lower
than twice the altitude loss specified in
the AFM for an autopilot malfunction
in cruise conditions; or
(3) At an altitude specified by the Ad-
ministrator, whichever is greater.
(d)
Approach.
No person may use an
autopilot at an altitude lower than 50
feet below the DA(H) or MDA for the
instrument procedure being flown, ex-
cept as follows—
(1) For autopilots with an AFM speci-
fied altitude loss for approach oper-
ations—
(i) An altitude no lower than twice
the specified altitude loss if higher
than 50 feet below the MDA or DA(H);
(ii) An altitude no lower than 50 feet
higher than the altitude loss specified
in the AFM, when the following condi-
tions are met—
(A) Reported weather conditions are
less than the basic VFR weather condi-
tions in § 91.155 of this chapter;
(B) Suitable visual references speci-
fied in § 91.175 of this chapter have been
established on the instrument ap-
proach procedure; and
(C) The autopilot is coupled and re-
ceiving both lateral and vertical path
references;
(iii) An altitude no lower than the
higher of the altitude loss specified in
the AFM or 50 feet above the TDZE,
when the following conditions are
met—
(A) Reported weather conditions are
equal to or better than the basic VFR
weather conditions in § 91.155 of this
chapter; and
(B) The autopilot is coupled and re-
ceiving both lateral and vertical path
references; or
(iv) A greater altitude specified by
the Administrator.
(2) For autopilots with AFM specified
approach altitude limitations, the
greater of—
(i) The minimum use altitude speci-
fied for the coupled approach mode se-
lected;
(ii) 50 feet; or
(iii) An altitude specified by Admin-
istrator.
(3) For autopilots with an AFM speci-
fied negligible or zero altitude loss for
an autopilot approach mode malfunc-
tion, the greater of—
(i) 50 feet; or
(ii) An altitude specified by Adminis-
trator.
(4) If executing an autopilot coupled
go-around or missed approach using a
certificated and functioning autopilot
in accordance with paragraph (e) in
this section.
(e)
Go-Around/Missed Approach.
No
person may engage an autopilot during
a go-around or missed approach below
the minimum engagement altitude
specified for takeoff and initial climb
in paragraph (b) in this section. An
autopilot minimum use altitude does
not apply to a go-around/missed ap-
proach initiated with an engaged auto-
pilot. Performing a go-around or
missed approach with an engaged auto-
pilot must not adversely affect safe ob-
stacle clearance.
(f)
Landing.
Notwithstanding para-
graph (d) of this section, autopilot min-
imum use altitudes do not apply to
autopilot operations when an approved
automatic landing system mode is
being used for landing. Automatic
landing systems must be authorized in
an operations specification issued to
the operator.
(g) This section does not apply to op-
erations conducted in rotorcraft.
[Doc. No. FAA–2012–1059, 79 FR 6088, Feb. 3,
2014]
§ 135.95 Airmen: Limitations on use of
services.
(a) No certificate holder may use the
services of any person as an airman un-
less the person performing those serv-
ices—