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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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789 

Federal Aviation Administration, DOT 

§ 91.1053 

Standards Service aviation safety in-
spector; and 

(2) Had direct responsibility to in-

spect, or oversee the inspection of, the 
operations of the fractional owner or 
fractional ownership program manager. 

(b) For the purpose of this section, an 

individual shall be considered to be 
acting as an agent or representative of 
a fractional owner or fractional owner-
ship program manager in a matter be-
fore the agency if the individual makes 
any written or oral communication on 
behalf of the fractional owner or frac-
tional ownership program manager to 
the agency (or any of its officers or em-
ployees) in connection with a par-
ticular matter, whether or not involv-
ing a specific party and without regard 
to whether the individual has partici-
pated in, or had responsibility for, the 
particular matter while serving as a 
Flight Standards Service aviation safe-
ty inspector. 

(c) The provisions of this section do 

not prohibit a fractional owner or frac-
tional ownership program manager 
from knowingly employing or making 
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 was employed by the fractional 
owner or fractional ownership program 
manager before October 21, 2011. 

[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22, 
2011] 

§ 91.1051

Pilot safety background 

check. 

Within 90 days of an individual begin-

ning service as a pilot, the program 
manager must request the following in-
formation: 

(a) FAA records pertaining to— 
(1) Current pilot certificates and as-

sociated type ratings. 

(2) Current medical certificates. 
(3) Summaries of legal enforcement 

actions resulting in a finding by the 
Administrator of a violation. 

(b) Records from all previous employ-

ers during the five years preceding the 
date of the employment application 
where the applicant worked as a pilot. 
If any of these firms are in bankruptcy, 
the records must be requested from the 

trustees in bankruptcy for those em-
ployees. If the previous employer is no 
longer in business, a documented good 
faith effort must be made to obtain the 
records. Records from previous employ-
ers must include, as applicable— 

(1) Crew member records. 
(2) Drug testing—collection, testing, 

and rehabilitation records pertaining 
to the individual. 

(3) Alcohol misuse prevention pro-

gram records pertaining to the indi-
vidual. 

(4) The applicant’s individual record 

that includes certifications, ratings, 
aeronautical experience, effective date 
and class of the medical certificate. 

E

FFECTIVE

D

ATE

N

OTE

: By Docket No.: 

FAA–2020–0246; Amdt. No. 91–363, 86 FR 31060, 
June 10, 2021, § 91.1051 was removed, effective 
Sept. 9, 2024. 

§ 91.1053

Crewmember experience. 

(a) No program manager or owner 

may use any person, nor may any per-
son serve, as a pilot in command or 
second in command of a program air-
craft, or as a flight attendant on a pro-
gram aircraft, in program operations 
under this subpart unless that person 
has met the applicable requirements of 
part 61 of this chapter and has the fol-
lowing experience and ratings: 

(1) Total flight time for all pilots: 
(i) Pilot in command—A minimum of 

1,500 hours. 

(ii) Second in command—A minimum 

of 500 hours. 

(2) For multi-engine turbine-powered 

fixed-wing and powered-lift aircraft, 
the following FAA certification and 
ratings requirements: 

(i) Pilot in command—Airline trans-

port pilot and applicable type ratings. 

(ii) Second in command—Commercial 

pilot and instrument ratings. 

(iii) Flight attendant (if required or 

used)—Appropriately trained per-
sonnel. 

(3) For all other aircraft, the fol-

lowing FAA certification and rating re-
quirements: 

(i) Pilot in command—Commercial 

pilot and instrument ratings. 

(ii) Second in command—Commercial 

pilot and instrument ratings. 

(iii) Flight attendant (if required or 

used)—Appropriately trained per-
sonnel. 

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