779 

Federal Aviation Administration, DOT 

§ 91.609 

(2) For each additional window exit 

located over a wing that meets the re-
quirements of the airworthiness stand-
ards under which the airplane was type 
certificated or that is large enough to 
inscribe an ellipse 19 

× 

26 inches, eight 

additional occupants. 

(3) For each additional window exit 

that is not located over a wing but that 
otherwise complies with paragraph 
(b)(2) of this section, five additional oc-
cupants. 

(4) For each airplane having a ratio 

(as computed from the table in para-
graph (a) of this section) of maximum 
number of occupants to number of 
exits greater than 14:1, and for each 
airplane that does not have at least 
one full-size, door-type exit in the side 
of the fuselage in the rear part of the 
cabin, the first additional exit must be 
a floor-level exit that complies with 
paragraph (b)(1) of this section and 
must be located in the rear part of the 
cabin on the opposite side of the fuse-
lage from the main entrance door. 
However, no person may operate an 
airplane under this section carrying 
more than 115 occupants unless there is 
such an exit on each side of the fuse-
lage in the rear part of the cabin. 

(c) No person may eliminate any ap-

proved exit except in accordance with 
the following: 

(1) The previously authorized max-

imum number of occupants must be re-
duced by the same number of addi-
tional occupants authorized for that 
exit under this section. 

(2) Exits must be eliminated in ac-

cordance with the following priority 
schedule: First, non-over-wing window 
exits; second, over-wing window exits; 
third, floor-level exits located in the 
forward part of the cabin; and fourth, 
floor-level exits located in the rear of 
the cabin. 

(3) At least one exit must be retained 

on each side of the fuselage regardless 
of the number of occupants. 

(4) No person may remove any exit 

that would result in a ratio of max-
imum number of occupants to approved 
exits greater than 14:1. 

(d) This section does not relieve any 

person operating under part 121 of this 
chapter from complying with § 121.291. 

§ 91.609

Flight data recorders and 

cockpit voice recorders. 

(a) No holder of an air carrier oper-

ating certificate or an operating cer-
tificate may conduct any operation 
under this part with an aircraft listed 
in the holder’s operations specifica-
tions or current list of aircraft used in 
air transportation unless that aircraft 
complies with any applicable flight re-
corder and cockpit voice recorder re-
quirements of the part under which its 
certificate is issued except that the op-
erator may— 

(1) Ferry an aircraft with an inoper-

ative flight recorder or cockpit voice 
recorder from a place where repair or 
replacement cannot be made to a place 
where they can be made; 

(2) Continue a flight as originally 

planned, if the flight recorder or cock-
pit voice recorder becomes inoperative 
after the aircraft has taken off; 

(3) Conduct an airworthiness flight 

test during which the flight recorder or 
cockpit voice recorder is turned off to 
test it or to test any communications 
or electrical equipment installed in the 
aircraft; or 

(4) Ferry a newly acquired aircraft 

from the place where possession of it is 
taken to a place where the flight re-
corder or cockpit voice recorder is to 
be installed. 

(b) Notwithstanding paragraphs (c) 

and (e) of this section, an operator 
other than the holder of an air carrier 
or a commercial operator certificate 
may— 

(1) Ferry an aircraft with an inoper-

ative flight recorder or cockpit voice 
recorder from a place where repair or 
replacement cannot be made to a place 
where they can be made; 

(2) Continue a flight as originally 

planned if the flight recorder or cock-
pit voice recorder becomes inoperative 
after the aircraft has taken off; 

(3) Conduct an airworthiness flight 

test during which the flight recorder or 
cockpit voice recorder is turned off to 
test it or to test any communications 
or electrical equipment installed in the 
aircraft; 

(4) Ferry a newly acquired aircraft 

from a place where possession of it was 
taken to a place where the flight re-
corder or cockpit voice recorder is to 
be installed; or 

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