335 

Federal Aviation Administration, DOT 

§ 125.219 

when otherwise considered to be nec-
essary by the pilot in command. 

(b) No passenger or crewmember may 

smoke while any ‘‘No Smoking’’ sign is 
lighted nor may any passenger or crew-
member smoke in any lavatory. 

(c) Each passenger required by 

§ 125.211(b) to occupy a seat or berth 
shall fasten his or her safety belt about 
him or her and keep it fastened while 
any ‘‘Fasten Seat Belt’’ sign is lighted. 

(d) Each passenger shall comply with 

instructions given him or her by crew-
members regarding compliance with 
paragraphs (b) and (c) of this section. 

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992] 

§ 125.219

Oxygen and portable oxygen 

concentrators for medical use by 
passengers. 

(a) Except as provided in paragraphs 

(d) and (f) of this section, no certificate 
holder may allow the carriage or oper-
ation 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 that carriage or oper-
ation; 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 
airplane. 

(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 
airplane 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 charged with the overall inspec-
tion of the certificate holder a com-
plete report of the operation involved, 

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