title-14-part-91-sec91-1017

778

14 CFR Ch. I (1–1–24 Edition)

§ 91.1017

main operations base, or its main
maintenance base, a program manager
must provide written notification to
the Flight Standards office that issued
the program manager’s management
specifications.

(e) Each program manager must

maintain a complete and separate set
of its management specifications at its
principal base of operations, or at a
place approved by the Administrator,
and must make its management speci-
fications available for inspection by
the Administrator and the fractional
owner(s) to whom the program man-
ager furnishes its services for review
and audit.

(f) Each program manager must in-

sert pertinent excerpts of its manage-
ment specifications, or references
thereto, in its program manual and
must—

(1) Clearly identify each such excerpt

as a part of its management specifica-
tions; and

(2) State that compliance with each

management specifications require-
ment is mandatory.

(g) Each program manager must keep

each of its employees and other persons
who perform duties material to its op-
erations informed of the provisions of
its management specifications that
apply to that employee’s or person’s
duties and responsibilities.

(h) A program manager may obtain

approval to provide a temporary docu-
ment verifying a flightcrew member’s
airman certificate and medical certifi-
cate privileges under an approved cer-
tificate verification plan set forth in
the program manager’s management
specifications. A document provided by
the program manager may be carried
as an airman certificate or medical
certificate on flights within the United
States for up to 72 hours.

[Docket No. FAA–2001–10047, 68 FR 54561,
Sept. 17, 2003, as amended by Docket FAA–
2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5,
2018; Amdt. 60–6, 83 FR 30282, June 27, 2018;
Docket No. FAA–2022–1563; Amdt. Nos. 91–370,
88 FR 48087, July 26, 2023]

§ 91.1017

Amending program man-

ager’s management specifications.

(a) The Administrator may amend

any management specifications issued
under this subpart if—

(1) The Administrator determines

that safety and the public interest re-
quire the amendment of any manage-
ment specifications; or

(2) The program manager applies for

the amendment of any management
specifications, and the Administrator
determines that safety and the public
interest allows the amendment.

(b) Except as provided in paragraph

(e) of this section, when the Adminis-
trator initiates an amendment of a pro-
gram manager’s management specifica-
tions, the following procedure applies:

(1) The Flight Standards office that

issued the program manager’s manage-
ment specifications will notify the pro-
gram manager in writing of the pro-
posed amendment.

(2) The Flight Standards office that

issued the program manager’s manage-
ment specifications will set a reason-
able period (but not less than 7 days)
within which the program manager
may submit written information,
views, and arguments on the amend-
ment.

(3) After considering all material pre-

sented, the Flight Standards office
that issued the program manager’s
management specifications will notify
the program manager of—

(i) The adoption of the proposed

amendment,

(ii) The partial adoption of the pro-

posed amendment, or

(iii) The withdrawal of the proposed

amendment.

(4) If the Flight Standards office that

issued the program manager’s manage-
ment specifications issues an amend-
ment of the management specifica-
tions, it becomes effective not less
than 30 days after the program man-
ager receives notice of it unless—

(i) The Flight Standards office that

issued the program manager’s manage-
ment specifications finds under para-
graph (e) of this section that there is
an emergency requiring immediate ac-
tion with respect to safety; or

(ii) The program manager petitions

for reconsideration of the amendment
under paragraph (d) of this section.

plies for an amendment to its manage-
ment specifications, the following pro-
cedure applies:

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§ 91.1019

(1) The program manager must file

an application to amend its manage-
ment specifications—

(i) At least 90 days before the date

proposed by the applicant for the
amendment to become effective, unless
a shorter time is approved, in cases
such as mergers, acquisitions of oper-
ational assets that require an addi-
tional showing of safety (for example,
proving tests or validation tests), and
resumption of operations following a
suspension of operations as a result of
bankruptcy actions.

(ii) At least 15 days before the date

proposed by the applicant for the
amendment to become effective in all
other cases.

(2) The application must be sub-

mitted to the Flight Standards office
that issued the program manager’s
management specifications in a form
and manner prescribed by the Adminis-
trator.

(3) After considering all material pre-

sented, the Flight Standards office
that issued the program manager’s
management specifications will notify
the program manager of—

(i) The adoption of the applied for

amendment;

(ii) The partial adoption of the ap-

plied for amendment; or

(iii) The denial of the applied for

amendment. The program manager
may petition for reconsideration of a
denial under paragraph (d) of this sec-
tion.

(4) If the Flight Standards office that

issued the program manager’s manage-
ment specifications approves the
amendment, following coordination
with the program manager regarding
its implementation, the amendment is
effective on the date the Administrator
approves it.

(d) When a program manager seeks

reconsideration of a decision of the
Flight Standards office that issued the
program manager’s management speci-
fications concerning the amendment of
management specifications, the fol-
lowing procedure applies:

(1) The program manager must peti-

tion for reconsideration of that deci-
sion within 30 days of the date that the
program manager receives a notice of
denial of the amendment of its man-
agement specifications, or of the date

it receives notice of an FAA-initiated
amendment of its management speci-
fications, whichever circumstance ap-
plies.

(2) The program manager must ad-

dress its petition to the Executive Di-
rector, Flight Standards Service.

(3) A petition for reconsideration, if

filed within the 30-day period, suspends
the effectiveness of any amendment
issued by the Flight Standards office
that issued the program manager’s
management specifications unless that
office has found, under paragraph (e) of
this section, that an emergency exists
requiring immediate action with re-
spect to safety.

(4) If a petition for reconsideration is

not filed within 30 days, the procedures
of paragraph (c) of this section apply.

(e) If the Flight Standards office that

issued the program manager’s manage-
ment specifications finds that an emer-
gency exists requiring immediate ac-
tion with respect to safety that makes
the procedures set out in this section
impracticable or contrary to the public
interest—

(1) The Flight Standards office

amends the management specifications
and makes the amendment effective on
the day the program manager receives
notice of it; and

(2) In the notice to the program man-

ager, the Flight Standards office will
articulate the reasons for its finding
that an emergency exists requiring im-
mediate action with respect to safety
or that makes it impracticable or con-
trary to the public interest to stay the
effectiveness of the amendment.

[Docket No. FAA–2001–10047, 68 FR 54561,
Sept. 17, 2003, as amended by Docket FAA–
2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5,
2018]

§ 91.1019

Conducting tests and inspec-

tions.

(a) At any time or place, the Admin-

istrator may conduct an inspection or
test, other than an en route inspection,
to determine whether a program man-
ager under this subpart is complying
with title 49 of the United States Code,
applicable regulations, and the pro-
gram manager’s management specifica-
tions.

(b) The program manager must—