Section 135.91

14 CFR Ch. I (1-1-19 Edition)

oxygen concentrator when the conditions in paragraphs (b) and (f) of this
section are satisfied.
(1) The equipment must be - 
(i) Of an approved type or in conformity with the manufacturing, packaging, marking, labeling, and maintenance requirements of title 49 CFR
parts 171, 172, and 173, except
Section 173.24(a)(1);
(ii) When owned by the certificate
holder, maintained under the certificate 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 cylinder must not exceed the rated cylinder pressure.
(4) The pilot in command must be advised 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 access to or use of any required emergency 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 create an open flame within 10 feet of oxygen storage and dispensing equipment
carried under paragraph (a) of this section 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 equipment 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 transportation (including any other properly
equipped certificate holder) is reasonably available and the person carried
under the medical emergency is accompanied 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, excluding Saturdays, Sundays, and Federal holidays, after the deviation, send
to the responsible Flight Standards office 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
carry or operate a portable oxygen concentrator 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 portable 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 SectionC (68 SectionF);
(iv) Does not contain any hazardous
materials subject to the Hazardous Materials 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 ensures the label will remain affixed for
the life of the device and containing

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