788 

14 CFR Ch. I (1–1–24 Edition) 

§ 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. 

(c) Each program manager must pub-

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 

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