773
Federal Aviation Administration, DOT
§ 91.1001
§§ 91.884–91.899
[Reserved]
Subpart J—Waivers
§ 91.901
[Reserved]
§ 91.903
Policy and procedures.
(a) The Administrator may issue a
certificate of waiver authorizing the
operation of aircraft in deviation from
any rule listed in this subpart if the
Administrator finds that the proposed
operation can be safely conducted
under the terms of that certificate of
waiver.
(b) An application for a certificate of
waiver under this part is made on a
form and in a manner prescribed by the
Administrator and may be submitted
to any FAA office.
(c) A certificate of waiver is effective
as specified in that certificate of waiv-
er.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]
§ 91.905
List of rules subject to waiv-
ers.
Sec.
91.107
Use of safety belts.
91.111
Operating near other aircraft.
91.113
Right-of-way rules: Except water op-
erations.
91.115
Right-of-way rules: Water operations.
91.117
Aircraft speed.
91.119
Minimum safe altitudes: General.
91.121
Altimeter settings.
91.123
Compliance with ATC clearances and
instructions.
91.125
ATC light signals.
91.126
Operating on or in the vicinity of an
airport in Class G airspace.
91.127
Operating on or in the vicinity of an
airport in Class E airspace.
91.129
Operations in Class D airspace.
91.130
Operations in Class C airspace.
91.131
Operations in Class B airspace.
91.133
Restricted and prohibited areas.
91.135
Operations in Class A airspace.
91.137
Temporary flight restrictions.
91.141
Flight restrictions in the proximity
of the Presidential and other parties.
91.143
Flight limitation in the proximity of
space flight operations.
91.153
VFR flight plan: Information re-
quired.
91.155
Basic VFR weather minimums
91.157
Special VFR weather minimums.
91.159
VFR cruising altitude or flight level.
91.169
IFR flight plan: Information required.
91.173
ATC clearance and flight plan re-
quired.
91.175
Takeoff and landing under IFR.
91.176
Operations below DA/DH or MDA
using an enhanced flight vision system
(EFVS) under IFR.
91.177
Minimum altitudes for IFR oper-
ations.
91.179
IFR cruising altitude or flight level.
91.181
Course to be flown.
91.183
IFR radio communications.
91.185
IFR operations: Two-way radio com-
munications failure.
91.187
Operation under IFR in controlled
airspace: Malfunction reports.
91.209
Aircraft lights.
91.303
Aerobatic flights.
91.305
Flight test areas.
91.311
Towing: Other than under § 91.309.
91.313(e)
Restricted category civil aircraft:
Operating limitations.
91.515
Flight altitude rules.
91.707
Flights between Mexico or Canada
and the United States.
91.713
Operation of civil aircraft of Cuban
registry.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec.
17, 1991; Docket FAA–2013–0485, Amdt. 91–345,
81 FR 90175, Dec. 13, 2016; Docket FAA–2016–
9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017]
§§ 91.907–91.999
[Reserved]
Subpart K—Fractional Ownership
Operations
S
OURCE
: Docket No. FAA–2001–10047, 68 FR
54561, Sept. 17, 2003, unless otherwise noted.
§ 91.1001
Applicability.
(a) This subpart prescribes rules, in
addition to those prescribed in other
subparts of this part, that apply to
fractional owners and fractional owner-
ship program managers governing—
(1) The provision of program manage-
ment services in a fractional ownership
program;
(2) The operation of a fractional own-
ership program aircraft in a fractional
ownership program; and
(3) The operation of a program air-
craft included in a fractional ownership
program managed by an affiliate of the
manager of the program to which the
owner belongs.
(b) As used in this part—
(1)
Affiliate of a program manager
means a manager that, directly, or in-
directly, through one or more inter-
mediaries, controls, is controlled by, or
is under common control with, another
program manager. The holding of at
least forty percent (40 percent) of the
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14 CFR Ch. I (1–1–24 Edition)
§ 91.1001
equity and forty percent (40 percent) of
the voting power of an entity will be
presumed to constitute control for pur-
poses of determining an affiliation
under this subpart.
(2) A
dry-lease aircraft exchange means
an arrangement, documented by the
written program agreements, under
which the program aircraft are avail-
able, on an as needed basis without
crew, to each fractional owner.
(3) A
fractional owner or owner means
an individual or entity that possesses a
minimum fractional ownership interest
in a program aircraft and that has en-
tered into the applicable program
agreements; provided, however, that in
the case of the flight operations de-
scribed in paragraph (b)(6)(ii) of this
section, and solely for purposes of re-
quirements pertaining to those flight
operations, the fractional owner oper-
ating the aircraft will be deemed to be
a fractional owner in the program man-
aged by the affiliate.
(4) A
fractional ownership interest
means the ownership of an interest or
holding of a multi-year leasehold inter-
est and/or a multi-year leasehold inter-
est that is convertible into an owner-
ship interest in a program aircraft.
(5) A
fractional ownership program or
program means any system of aircraft
ownership and exchange that consists
of all of the following elements:
(i) The provision for fractional own-
ership program management services
by a single fractional ownership pro-
gram manager on behalf of the frac-
tional owners.
(ii) Two or more airworthy aircraft.
(iii) One or more fractional owners
per program aircraft, with at least one
program aircraft having more than one
owner.
(iv) Possession of at least a minimum
fractional ownership interest in one or
more program aircraft by each frac-
tional owner.
(v) A dry-lease aircraft exchange ar-
rangement among all of the fractional
owners.
(vi) Multi-year program agreements
covering the fractional ownership,
fractional ownership program manage-
ment services, and dry-lease aircraft
exchange aspects of the program.
(6) A
fractional ownership program air-
craft or program aircraft means:
(i) An aircraft in which a fractional
owner has a minimal fractional owner-
ship interest and that has been in-
cluded in the dry-lease aircraft ex-
change pursuant to the program agree-
ments, or
(ii) In the case of a fractional owner
from one program operating an aircraft
in a different fractional ownership pro-
gram managed by an affiliate of the op-
erating owner’s program manager, the
aircraft being operated by the frac-
tional owner, so long as the aircraft is:
(A) Included in the fractional owner-
ship program managed by the affiliate
of the operating owner’s program man-
ager, and
(B) Included in the operating owner’s
program’s dry-lease aircraft exchange
pursuant to the program agreements of
the operating owner’s program.
(iii) An aircraft owned in whole or in
part by the program manager that has
been included in the dry-lease aircraft
exchange and is used to supplement
program operations.
(7) A
Fractional Ownership Program
Flight or Program Flight means a flight
under this subpart when one or more
passengers or property designated by a
fractional owner are on board the air-
craft.
(8)
Fractional ownership program man-
agement services or program management
services mean administrative and avia-
tion support services furnished in ac-
cordance with the applicable require-
ments of this subpart or provided by
the program manager on behalf of the
fractional owners, including, but not
limited to, the—
(i) Establishment and implementa-
tion of program safety guidelines;
(ii) Employment, furnishing, or con-
tracting of pilots and other crew-
members;
(iii) Training and qualification of pi-
lots and other crewmembers and per-
sonnel;
(iv) Scheduling and coordination of
the program aircraft and crews;
(v) Maintenance of program aircraft;
(vi) Satisfaction of recordkeeping re-
quirements;
(vii) Development and use of a pro-
gram operations manual and proce-
dures; and
(viii) Application for and mainte-
nance of management specifications
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Federal Aviation Administration, DOT
§ 91.1005
and other authorizations and approv-
als.
(9) A
fractional ownership program
manager or program manager means the
entity that offers fractional ownership
program management services to frac-
tional owners, and is designated in the
multi-year program agreements ref-
erenced in paragraph (b)(5)(vi) of this
section to fulfill the requirements of
this chapter applicable to the manager
of the program containing the aircraft
being flown. When a fractional owner is
operating an aircraft in a fractional
ownership program managed by an af-
filiate of the owner’s program man-
ager, the references in this subpart to
the flight-related responsibilities of
the program manager apply, with re-
spect to that particular flight, to the
affiliate of the owner’s program man-
ager rather than to the owner’s pro-
gram manager.
(10) A
minimum fractional ownership
interest means—
(i) A fractional ownership interest
equal to, or greater than, one-sixteenth
(
1
⁄
16
) of at least one subsonic, fixed-wing
or powered-lift program aircraft; or
(ii) A fractional ownership interest
equal to, or greater than, one-thirty-
second (
1
⁄
32
) of at least one rotorcraft
program aircraft.
(c) The rules in this subpart that
refer to a fractional owner or a frac-
tional ownership program manager
also apply to any person who engages
in an operation governed by this sub-
part without the management speci-
fications required by this subpart.
[Docket No. FAA–2001–10047, 68 FR 54561,
Sept. 17, 2003, as amended by Docket No.
FAA–2022–1355, Amdt. No. 91–366, 87 FR 75846,
Dec. 9, 2022]
§ 91.1002
Compliance date.
No person that conducted flights be-
fore November 17, 2003 under a program
that meets the definition of fractional
ownership program in § 91.1001 may
conduct such flights after February 17,
2005 unless it has obtained manage-
ment specifications under this subpart.
[Doc. No. FAA–2001–10047, 68 FR 54561, Sept.
17, 2003; 69 FR 74413, Dec. 14, 2004]
§ 91.1003
Management contract be-
tween owner and program man-
ager.
Each owner must have a contract
with the program manager that—
(a) Requires the program manager to
ensure that the program conforms to
all applicable requirements of this
chapter.
(b) Provides the owner the right to
inspect and to audit, or have a designee
of the owner inspect and audit, the
records of the program manager per-
taining to the operational safety of the
program and those records required to
show compliance with the management
specifications and all applicable regu-
lations. These records include, but are
not limited to, the management speci-
fications, authorizations, approvals,
manuals, log books, and maintenance
records maintained by the program
manager.
(c) Designates the program manager
as the owner’s agent to receive service
of notices pertaining to the program
that the FAA seeks to provide to own-
ers and authorizes the FAA to send
such notices to the program manager
in its capacity as the agent of the
owner for such service.
(d) Acknowledges the FAA’s right to
contact the owner directly if the Ad-
ministrator determines that direct
contact is necessary.
§ 91.1005
Prohibitions and limitations.
(a) Except as provided in § 91.321 or
§ 91.501, no owner may carry persons or
property for compensation or hire on a
program flight.
(b) During the term of the multi-year
program agreements under which a
fractional owner has obtained a min-
imum fractional ownership interest in
a program aircraft, the flight hours
used during that term by the owner on
program aircraft must not exceed the
total hours associated with the frac-
tional owner’s share of ownership.
(c) No person may sell or lease an air-
craft interest in a fractional ownership
program that is smaller than that pre-
scribed in the definition of ‘‘minimum
fractional ownership interest’’ in
§ 91.1001(b)(10) unless flights associated
with that interest are operated under
part 121 or 135 of this chapter and are
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