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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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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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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