(a) Notwithstanding any other provision of this chapter, no person may operate a large airplane (type certificated under the Civil Air Regulations effective before April 9, 1957) in passenger-carrying operations for hire, with more than the number of occupants -
(1) Allowed under Civil Air Regulations § 4b.362 (a), (b), and (c) as in effect on December 20, 1951; or
(2) Approved under Special Civil Air Regulations SR-387, SR-389, SR-389A, or SR-389B, or under this section as in effect.
However, an airplane type listed in the following table may be operated with up to the listed number of occupants (including crewmembers) and the corresponding number of exits (including emergency exits and doors) approved for the emergency exit of passengers or with an occupant-exit configuration approved under paragraph (b) or (c) of this section.
| Airplane type | Maximum number of occupants including all crewmembers | Corresponding number of exits authorized for passenger use |
|---|---|---|
| B-307 | 61 | 4 |
| B-377 | 96 | 9 |
| C-46 | 67 | 4 |
| CV-240 | 53 | 6 |
| CV-340 and CV-440 | 53 | 6 |
| DC-3 | 35 | 4 |
| DC-3 (Super) | 39 | 5 |
| DC-4 | 86 | 5 |
| DC-6 | 87 | 7 |
| DC-6B | 112 | 11 |
| L-18 | 17 | 3 |
| L-049, L-649, L-749 | 87 | 7 |
| L-1049 series | 96 | 9 |
| M-202 | 53 | 6 |
| M-404 | 53 | 7 |
| Viscount 700 series | 53 | 7 |
(b) Occupants in addition to those authorized under paragraph (a) of this section may be carried as follows:
(1) For each additional floor-level exit at least 24 inches wide by 48 inches high, with an unobstructed 20-inch-wide access aisleway between the exit and the main passenger aisle, 12 additional occupants.
(2) For each additional window exit located over a wing that meets the requirements of the airworthiness standards 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 occupants.
(4) For each airplane having a ratio (as computed from the table in paragraph (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 fuselage 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 fuselage in the rear part of the cabin.
(c) No person may eliminate any approved exit except in accordance with the following:
(1) The previously authorized maximum number of occupants must be reduced by the same number of additional occupants authorized for that exit under this section.
(2) Exits must be eliminated in accordance 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 maximum 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.