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754 

14 CFR Ch. I (1–1–24 Edition) 

§ 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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755 

Federal Aviation Administration, DOT 

§ 91.609 

(5) Operate an aircraft: 
(i) For not more than 15 days while 

the flight recorder and/or cockpit voice 
recorder is inoperative and/or removed 
for repair provided that the aircraft 
maintenance records contain an entry 
that indicates the date of failure, and a 
placard is located in view of the pilot 
to show that the flight recorder or 
cockpit voice recorder is inoperative. 

(ii) For not more than an additional 

15 days, provided that the requirements 
in paragraph (b)(5)(i) are met and that 
a certificated pilot, or a certificated 
person authorized to return an aircraft 
to service under § 43.7 of this chapter, 
certifies in the aircraft maintenance 
records that additional time is required 
to complete repairs or obtain a replace-
ment unit. 

(c)(1) No person may operate a U.S. 

civil registered, multiengine, turbine- 
powered airplane or rotorcraft having a 
passenger seating configuration, ex-
cluding any pilot seats of 10 or more 
that has been manufactured after Octo-
ber 11, 1991, unless it is equipped with 
one or more approved flight recorders 
that utilize a digital method of record-
ing and storing data and a method of 
readily retrieving that data from the 
storage medium, that are capable of re-
cording the data specified in appendix 
E to this part, for an airplane, or ap-
pendix F to this part, for a rotorcraft, 
of this part within the range, accuracy, 
and recording interval specified, and 
that are capable of retaining no less 
than 8 hours of aircraft operation. 

(2) All airplanes subject to paragraph 

(c)(1) of this section that are manufac-
tured before April 7, 2010, by April 7, 
2012, must meet the requirements of 
§ 23.1459(a)(7) or § 25.1459(a)(8) of this 
chapter, as applicable. 

(3) All airplanes and rotorcraft sub-

ject to paragraph (c)(1) of this section 
that are manufactured on or after 
April 7, 2010, must meet the flight data 
recorder requirements of § 23.1459, 
§ 25.1459, § 27.1459, or § 29.1459 of this 
chapter, as applicable, and retain at 
least the last 25 hours of recorded in-
formation using a recorder that meets 
the standards of TSO–C124a, or later re-
vision. 

(d) Whenever a flight recorder, re-

quired by this section, is installed, it 
must be operated continuously from 

the instant the airplane begins the 
takeoff roll or the rotorcraft begins 
lift-off until the airplane has com-
pleted the landing roll or the rotorcraft 
has landed at its destination. 

(e) Unless otherwise authorized by 

the Administrator, after October 11, 
1991, no person may operate a U.S. civil 
registered multiengine, turbine-pow-
ered airplane or rotorcraft having a 
passenger seating configuration of six 
passengers or more and for which two 
pilots are required by type certifi-
cation or operating rule unless it is 
equipped with an approved cockpit 
voice recorder that: 

(1) Is installed in compliance with 

§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g); § 25.1457(a)(1) 
and (2), (b), (c), (d)(1)(i), (2) and (3), (e), 
(f), and (g); § 27.1457(a)(1) and (2), (b), 
(c), (d)(1)(i), (2) and (3), (e), (f), and (g); 
or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g) of this chap-
ter, as applicable; and 

(2) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(f) In complying with this section, an 

approved cockpit voice recorder having 
an erasure feature may be used, so that 
at any time during the operation of the 
recorder, information recorded more 
than 15 minutes earlier may be erased 
or otherwise obliterated. 

(g) In the event of an accident or oc-

currence requiring immediate notifica-
tion to the National Transportation 
Safety Board under 49 CFR part 830 of 
its regulations that results in the ter-
mination of the flight, any operator 
who has installed approved flight re-
corders and approved cockpit voice re-
corders shall keep the recorded infor-
mation for at least 60 days or, if re-
quested by the Administrator or the 
Board, for a longer period. Information 
obtained from the record is used to as-
sist in determining the cause of acci-
dents or occurrences in connection 
with the investigation under 49 CFR 
part 830. The Administrator does not 
use the cockpit voice recorder record 
in any civil penalty or certificate ac-
tion. 

(h) All airplanes required by this sec-

tion to have a cockpit voice recorder 
and a flight data recorder, that are 

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756 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.611 

manufactured before April 7, 2010, must 
by April 7, 2012, have a cockpit voice 
recorder that also— 

(1) Meets the requirements of 

§ 23.1457(d)(6) or § 25.1457(d)(6) of this 
chapter, as applicable; and 

(2) If transport category, meets the 

requirements of § 25.1457(a)(3), (a)(4), 
and (a)(5) of this chapter. 

(i) All airplanes or rotorcraft re-

quired by this section to have a cockpit 
voice recorder and flight data recorder, 
that are manufactured on or after 
April 7, 2010, must have a cockpit voice 
recorder installed that also— 

(1) Is installed in accordance with the 

requirements of § 23.1457 (except for 
paragraphs (a)(6) and (d)(5)); § 25.1457 
(except for paragraphs (a)(6) and (d)(5)); 
§ 27.1457 (except for paragraphs (a)(6) 
and (d)(5)); or § 29.1457 (except for para-
graphs (a)(6) and (d)(5)) of this chapter, 
as applicable; and 

(2) Retains at least the last 2 hours of 

recorded information using a recorder 
that meets the standards of TSO–C123a, 
or later revision. 

(3) For all airplanes or rotorcraft 

manufactured on or after April 6, 2012, 
also meets the requirements of 
§ 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) 
and (d)(5); § 27.1457(a)(6) and (d)(5); or 
§ 29.1457(a)(6) and (d)(5) of this chapter, 
as applicable. 

(j) All airplanes or rotorcraft re-

quired by this section to have a cockpit 
voice recorder and a flight data re-
corder, that install datalink commu-
nication equipment on or after April 6, 
2012, must record all datalink messages 
as required by the certification rule ap-
plicable to the aircraft. 

(k) An aircraft operated under this 

part under deviation authority from 
part 125 of this chapter must comply 
with all of the applicable flight data 
recorder requirements of part 125 appli-
cable to the aircraft, notwithstanding 
such deviation authority. 

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as 
amended by Amdt. 91–226, 56 FR 51621, Oct. 
11, 1991; Amdt. 91–228, 57 FR 19353, May 5, 
1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; 
Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt. 
91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, 
75 FR 17045, Apr. 5, 2010; Docket No. FAA– 
2022–1355, Amdt. No. 91–366, 87 FR 75846, Dec. 
9, 2022] 

§ 91.611

Authorization for ferry flight 

with one engine inoperative. 

(a) 

General.  The holder of an air car-

rier operating certificate or an oper-
ating certificate issued under part 125 
may conduct a ferry flight of a four-en-
gine airplane or a turbine-engine-pow-
ered airplane equipped with three en-
gines, with one engine inoperative, to a 
base for the purpose of repairing that 
engine subject to the following: 

(1) The airplane model has been test 

flown and found satisfactory for safe 
flight in accordance with paragraph (b) 
or (c) of this section, as appropriate. 
However, each operator who before No-
vember 19, 1966, has shown that a model 
of airplane with an engine inoperative 
is satisfactory for safe flight by a test 
flight conducted in accordance with 
performance data contained in the ap-
plicable Airplane Flight Manual under 
paragraph (a)(2) of this section need 
not repeat the test flight for that 
model. 

(2) The approved Airplane Flight 

Manual contains the following per-
formance data and the flight is con-
ducted in accordance with that data: 

(i) Maximum weight. 
(ii) Center of gravity limits. 
(iii) Configuration of the inoperative 

propeller (if applicable). 

(iv) Runway length for takeoff (in-

cluding temperature accountability). 

(v) Altitude range. 
(vi) Certificate limitations. 
(vii) Ranges of operational limits. 
(viii) Performance information. 
(ix) Operating procedures. 
(3) The operator has FAA approved 

procedures for the safe operation of the 
airplane, including specific require-
ments for— 

(i) Limiting the operating weight on 

any ferry flight to the minimum nec-
essary for the flight plus the necessary 
reserve fuel load; 

(ii) A limitation that takeoffs must 

be made from dry runways unless, 
based on a showing of actual operating 
takeoff techniques on wet runways 
with one engine inoperative, takeoffs 
with full controllability from wet run-
ways have been approved for the spe-
cific model aircraft and included in the 
Airplane Flight Manual: 

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