title-14-part-91-sec91-1013

776

14 CFR Ch. I (1–1–24 Edition)

§ 91.1007

conducted by an air carrier or commer-
cial operator certificated under part
119 of this chapter.

§ 91.1007

Flights conducted under part

121 or part 135 of this chapter.

(a) Except as provided in § 91.501(b),

when a nonprogram aircraft is used to
substitute for a program flight, the
flight must be operated in compliance
with part 121 or part 135 of this chap-
ter, as applicable.

(b) A program manager who holds a

certificate under part 119 of this chap-
ter may conduct a flight for the use of
a fractional owner under part 121 or
part 135 of this chapter if the aircraft is
listed on that certificate holder’s oper-
ations specifications for part 121 or
part 135, as applicable.

formed when a flight is being con-
ducted as a program flight or is being
conducted under part 121 or part 135 of
this chapter.

PERATIONAL

ONTROL

§ 91.1009

Clarification of operational

control.

(a) An owner is in operational control

of a program flight when the owner—

(1) Has the rights and is subject to

the limitations set forth in §§ 91.1003
through 91.1013;

(2) Has directed that a program air-

craft carry passengers or property des-
ignated by that owner; and

(3) The aircraft is carrying those pas-

sengers or property.

(b) An owner is not in operational

control of a flight in the following cir-
cumstances:

(1) A program aircraft is used for a

flight for administrative purposes such
as demonstration, positioning,
ferrying, maintenance, or crew train-
ing, and no passengers or property des-
ignated by such owner are being car-
ried; or

(2) The aircraft being used for the

flight is being operated under part 121
or 135 of this chapter.

§ 91.1011

Operational control respon-

sibilities and delegation.

(a) Each owner in operational control

of a program flight is ultimately re-
sponsible for safe operations and for
complying with all applicable require-

ments of this chapter, including those
related to airworthiness and operations
in connection with the flight. Each
owner may delegate some or all of the
performance of the tasks associated
with carrying out this responsibility to
the program manager, and may rely on
the program manager for aviation ex-
pertise and program management serv-
ices. When the owner delegates per-
formance of tasks to the program man-
ager or relies on the program man-
ager’s expertise, the owner and the pro-
gram manager are jointly and individ-
ually responsible for compliance.

(b) The management specifications,

authorizations, and approvals required
by this subpart are issued to, and in
the sole name of, the program manager
on behalf of the fractional owners col-
lectively. The management specifica-
tions, authorizations, and approvals
will not be affected by any change in
ownership of a program aircraft, as
long as the aircraft remains a program
aircraft in the identified program.

§ 91.1013

Operational control briefing

and acknowledgment.

(a) Upon the signing of an initial pro-

gram management services contract,
or a renewal or extension of a program
management services contract, the
program manager must brief the frac-
tional owner on the owner’s oper-
ational control responsibilities, and
the owner must review and sign an ac-
knowledgment of these operational
control responsibilities. The acknowl-
edgment must be included with the
program management services con-
tract. The acknowledgment must de-
fine when a fractional owner is in oper-
ational control and the owner’s respon-
sibilities and liabilities under the pro-
gram. These include:

(1) Responsibility for compliance

with the management specifications
and all applicable regulations.

(2) Enforcement actions for any non-

compliance.

(3) Liability risk in the event of a

flight-related occurrence that causes
personal injury or property damage.

(b) The fractional owner’s signature

on the acknowledgment will serve as
the owner’s affirmation that the owner
has read, understands, and accepts the

VerDate Sep<11>2014

14:00 Mar 14, 2024

Jkt 262047

PO 00000

Frm 00786

Fmt 8010

Sfmt 8010

Q:\14\14V2.TXT

PC31

aworley on LAPBH6H6L3 with DISTILLER

777

Federal Aviation Administration, DOT

§ 91.1015

operational control responsibilities de-
scribed in the acknowledgment.

sure that the fractional owner or own-
er’s representatives have access to the
acknowledgments for such owner’s pro-
gram aircraft. Each program manager
must ensure that the FAA has access
to the acknowledgments for all pro-
gram aircraft.

ROGRAM

ANAGEMENT

§ 91.1014

Issuing or denying manage-

ment specifications.

(a) A person applying to the Adminis-

trator for management specifications
under this subpart must submit an ap-
plication—

(1) In a form and manner prescribed

by the Administrator; and

(2) Containing any information the

Administrator requires the applicant
to submit.

(b) Management specifications will

be issued to the program manager on
behalf of the fractional owners if, after
investigation, the Administrator finds
that the applicant:

(1) Meets the applicable requirements

of this subpart; and

(2) Is properly and adequately

equipped in accordance with the re-
quirements of this chapter and is able
to conduct safe operations under appro-
priate provisions of part 91 of this
chapter and management specifica-
tions issued under this subpart.

specifications will be denied if the Ad-
ministrator finds that the applicant is
not properly or adequately equipped or
is not able to conduct safe operations
under this part.

§ 91.1015

Management specifications.

(a) Each person conducting oper-

ations under this subpart or furnishing
fractional ownership program manage-
ment services to fractional owners
must do so in accordance with manage-
ment specifications issued by the Ad-
ministrator to the fractional ownership
program manager under this subpart.
Management specifications must in-
clude:

(1) The current list of all fractional

owners and types of aircraft, registra-
tion markings and serial numbers;

(2) The authorizations, limitations,

and certain procedures under which
these operations are to be conducted,

(3) Certain other procedures under

which each class and size of aircraft is
to be operated;

(4) Authorization for an inspection

program approved under § 91.1109, in-
cluding the type of aircraft, the reg-
istration markings and serial numbers
of each aircraft to be operated under
the program. No person may conduct
any program flight using any aircraft
not listed.

(5) Time limitations, or standards for

determining time limitations, for over-
hauls, inspections, and checks for air-
frames, engines, propellers, rotors, ap-
pliances, and emergency equipment of
aircraft.

(6) The specific location of the pro-

gram manager’s principal base of oper-
ations and, if different, the address
that will serve as the primary point of
contact for correspondence between the
FAA and the program manager and the
name and mailing address of the pro-
gram manager’s agent for service;

(7) Other business names the program

manager may use;

(8) Authorization for the method of

controlling weight and balance of air-
craft;

(9) Any authorized deviation and ex-

emption that applies to the person con-
ducting operations under this subpart;
and

(10) Any other information the Ad-

ministrator determines is necessary.

(b) The program manager may keep

the current list of all fractional owners
required by paragraph (a)(1) of this sec-
tion at its principal base of operation
or other location approved by the Ad-
ministrator and referenced in its man-
agement specifications. Each program
manager shall make this list of owners
available for inspection by the Admin-
istrator.

under this subpart are effective un-
less—

(1) The management specifications

are amended as provided in § 91.1017; or

(2) The Administrator suspends or re-

vokes the management specifications.

(d) At least 30 days before it proposes

to establish or change the location of
its principal base of operations, its