title-14-part-91-sec91-1047

787

Federal Aviation Administration, DOT

§ 91.1047

and in compliance with applicable reg-
ulatory standards. Validation tests are
required for the following authoriza-
tions:

(1) The addition of an aircraft for

which two pilots are required for oper-
ations under VFR or a turbojet air-
plane, if that aircraft or an aircraft of
the same make or similar design has
not been previously proved or validated
in operations under this part.

(2) Operations outside U.S. airspace.
(3) Class II navigation authoriza-

tions.

(4) Special performance or oper-

ational authorizations.

(e) Validation tests must be accom-

plished by test methods acceptable to
the Administrator. Actual flights may
not be required when an applicant can
demonstrate competence and compli-
ance with appropriate regulations
without conducting a flight.

(f) Proving tests and validation tests

may be conducted simultaneously
when appropriate.

(g) The Administrator may authorize

deviations from this section if the Ad-
ministrator finds that special cir-
cumstances make full compliance with
this section unnecessary.

§ 91.1043

[Reserved]

§ 91.1045

Additional equipment re-

quirements.

No person may operate a program

aircraft on a program flight unless the
aircraft is equipped with the fol-
lowing—

(a) Airplanes having a passenger-seat

configuration of more than 30 seats or
a payload capacity of more than 7,500
pounds:

(1) A cockpit voice recorder as re-

quired by § 121.359 of this chapter as ap-
plicable to the aircraft specified in
that section.

(2) A flight recorder as required by

§ 121.343 or § 121.344 of this chapter as
applicable to the aircraft specified in
that section.

(3) A terrain awareness and warning

system as required by § 121.354 of this
chapter as applicable to the aircraft
specified in that section.

(4) A traffic alert and collision avoid-

ance system as required by § 121.356 of
this chapter as applicable to the air-
craft specified in that section.

(5) Airborne weather radar as re-

quired by § 121.357 of this chapter, as
applicable to the aircraft specified in
that section.

(b) Airplanes having a passenger-seat

configuration of 30 seats or fewer, ex-
cluding each crewmember, and a pay-
load capacity of 7,500 pounds or less,
and any rotorcraft (as applicable):

(1) A cockpit voice recorder as re-

quired by § 135.151 of this chapter as ap-
plicable to the aircraft specified in
that section.

(2) A flight recorder as required by

§ 135.152 of this chapter as applicable to
the aircraft specified in that section.

(3) A terrain awareness and warning

system as required by § 135.154 of this
chapter as applicable to the aircraft
specified in that section.

(4) A traffic alert and collision avoid-

ance system as required by § 135.180 of
this chapter as applicable to the air-
craft specified in that section.

(5) As applicable to the aircraft speci-

fied in that section, either:

(i) Airborne thunderstorm detection

equipment as required by § 135.173 of
this chapter; or

(ii) Airborne weather radar as re-

quired by § 135.175 of this chapter.

§ 91.1047

Drug and alcohol misuse edu-

cation program.

(a) Each program manager must pro-

vide each direct employee performing
flight crewmember, flight attendant,
flight instructor, or aircraft mainte-
nance duties with drug and alcohol
misuse education.

(b) No program manager may use any

contract employee to perform flight
crewmember, flight attendant, flight
instructor, or aircraft maintenance du-
ties for the program manager unless
that contract employee has been pro-
vided with drug and alcohol misuse
education.

to their owners and prospective owners
the existence of a company drug and
alcohol misuse testing program. If the
program manager has implemented a
company testing program, the program
manager’s disclosure must include the
following:

(1) Information on the substances

that they test for, for example, alcohol
and a list of the drugs;

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§ 91.1049

(2) The categories of employees test-

ed, the types of tests, for example, pre-
employment, random, reasonable
cause/suspicion, post accident, return
to duty and follow-up; and

(3) The degree to which the program

manager’s company testing program is
comparable to the federally mandated
drug and alcohol testing program re-
quired under part 120 of this chapter re-
garding the information in paragraphs
(c)(1) and (c)(2) of this section.

(d) If a program aircraft is operated

on a program flight into an airport at
which no maintenance personnel are
available that are subject to the re-
quirements of paragraphs (a) or (b) of
this section and emergency mainte-
nance is required, the program man-
ager may use persons not meeting the
requirements of paragraphs (a) or (b) of
this section to provide such emergency
maintenance under both of the fol-
lowing conditions:

(1) The program manager must notify

the Drug Abatement Program Division,
AAM–800, 800 Independence Avenue,
SW., Washington, DC 20591 in writing
within 10 days after being provided
emergency maintenance in accordance
with this paragraph. The program man-
ager must retain copies of all such
written notifications for two years.

(2) The aircraft must be reinspected

by maintenance personnel who meet
the requirements of paragraph (a) or
(b) of this section when the aircraft is
next at an airport where such mainte-
nance personnel are available.

(e) For purposes of this section,

emergency maintenance means main-
tenance that—

(1) Is not scheduled, and
(2) Is made necessary by an aircraft

condition not discovered prior to the
departure for that location.

(f) Notwithstanding paragraphs (a)

and (b) of this section, drug and alcohol
misuse education conducted under an
FAA-approved drug and alcohol misuse
prevention program may be used to
satisfy these requirements.

[Doc. No. FAA–2001–10047, 68 FR 54561, Sept.
17, 2003, as amended by Amdt. 91–307, 74 FR
22653, May 14, 2009]

§ 91.1049

Personnel.

(a) Each program manager and each

fractional owner must use in program

operations on program aircraft flight
crews meeting § 91.1053 criteria and
qualified under the appropriate regula-
tions. The program manager must pro-
vide oversight of those crews.

(b) Each program manager must em-

ploy (either directly or by contract) an
adequate number of pilots per program
aircraft. Flight crew staffing must be
determined based on the following fac-
tors, at a minimum:

(1) Number of program aircraft.
(2) Program manager flight, duty,

and rest time considerations, and in all
cases within the limits set forth in
§§ 91.1057 through 91.1061.

(3) Vacations.
(4) Operational efficiencies.
(5) Training.
(6) Single pilot operations, if author-

ized by deviation under paragraph (d)
of this section.

lish pilot and flight attendant duty
schedules sufficiently in advance to
follow the flight, duty, and rest time
limits in §§ 91.1057 through 91.1061 in
program operations.

(d) Unless otherwise authorized by

the Administrator, when any program
aircraft is flown in program operations
with passengers onboard, the crew
must consist of at least two qualified
pilots employed or contracted by the
program manager or the fractional
owner.

(e) The program manager must en-

sure that trained and qualified sched-
uling or flight release personnel are on
duty to schedule and release program
aircraft during all hours that such air-
craft are available for program oper-
ations.

§ 91.1050

Employment of former FAA

employees.

(a) Except as specified in paragraph

(c) of this section, no fractional owner
or fractional ownership program man-
ager may knowingly employ or make a
contractual arrangement which per-
mits an individual to act as an agent or
representative of the fractional owner
or fractional ownership program man-
ager in any matter before the Federal
Aviation Administration if the indi-
vidual, in the preceding 2 years—

(1) Served as, or was directly respon-

sible for the oversight of, a Flight