§§91.615-91.699 [Reserved]
Subpart H—Foreign Aircraft Operations and Operations of U.S.-Registered Civil Aircraft Outside of the United States; and Rules Governing Persons on Board Such Aircraft
SOURCE: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless otherwise noted.
§91.701 Applicability.
(a) This subpart applies to the operations of civil aircraft of U.S. registry outside of the United States and the operations of foreign civil aircraft within the United States.
(b) Section 91.702 of this subpart also applies to each person on board an aircraft operated as follows:
(1) A U.S. registered civil aircraft operated outside the United States;
(2) Any aircraft operated outside the United States—
(i) That has its next scheduled destination or last place of departure in the United States if the aircraft next lands in the United States; or
(ii) If the aircraft lands in the United States with the individual still on the aircraft regardless of whether it was a scheduled or otherwise planned landing site.
[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]
§91.702 Persons on board.
Section 91.11 of this part (Prohibitions on interference with crewmembers) applies to each person on board an aircraft.
[Doc. No. FAA-1998-4954, 64 FR 1079, Jan. 7, 1999]
§91.703 Operations of civil aircraft of U.S. registry outside of the United States.
(a) Each person operating a civil aircraft of U.S. registry outside of the United States shall—
(1) When over the high seas, comply with Annex 2 (Rules of the Air) to the Convention on International Civil Aviation and with §§91.117(c), 91.127, 91.129, and 91.131;
(2) When within a foreign country, comply with the regulations relating to the flight and maneuver of aircraft there in force;
(3) Except for §§91.117(a), 91.307(b), 91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent with applicable regulations of the foreign country where the aircraft is operated or Annex 2 of the Convention on International Civil Aviation; and
(4) When operating within airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace, comply with §91.706.
(5) For aircraft subject to ICAO Annex 16, carry on board the aircraft documents that summarize the noise operating characteristics and certifications of the aircraft that demonstrate compliance with this part and part 36 of this chapter.
(b) Annex 2 to the Convention on International Civil Aviation, Rules of the Air, Tenth Edition—July 2005, with Amendments through Amendment 45, applicable November 10, 2016, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the FAA must publish a document in the FEDERAL REGISTER and the material must be available to the public. All approved material is available for inspection at U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is available from the International Civil Aviation Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/; or by contacting the ICAO Marketing and Customer Relations Unit by telephone at 514-954-8022 or by email at sales@icao.int. For questions about ICAO Annex 2, contact the FAA’s Office of International Affairs at (202) 267-1000. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661, Dec. 17, 1991; Amdt. 91-254, 62 FR 17487, Apr. 9, 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91-299, 73 FR 10143, Feb. 26, 2008; Amdt. 91-312, 75 FR 9333, Mar. 2, 2010; Docket FAA-2016-9154, Amdt. 91-348, 82 FR 39664, Aug. 22, 2017]
§91.705 [Reserved]
§91.706 Operations within airspace designed as Reduced Vertical Separation Minimum Airspace.
(a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft of U.S. registry in airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace unless:
(1) The operator and the operator’s aircraft comply with the requirements of appendix G of this part; and
(2) The operator is authorized by the Administrator to conduct such operations.
(b) The Administrator may authorize a deviation from the requirements of this section in accordance with Section 5 of appendix G to this part.
[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]
§91.707 Flights between Mexico or Canada and the United States.
Unless otherwise authorized by ATC, no person may operate a civil aircraft between Mexico or Canada and the United States without filing an IFR or VFR flight plan, as appropriate.
§91.709 Operations to Cuba.
No person may operate a civil aircraft from the United States to Cuba unless—
(a) Departure is from an international airport of entry designated in §6.13 of the Air Commerce Regulations of the Bureau of Customs (19 CFR 6.13); and
(b) In the case of departure from any of the 48 contiguous States or the District of Columbia, the pilot in command of the aircraft has filed—
(1) A DVFR or IFR flight plan as prescribed in §99.11 or §99.13 of this chapter; and
(2) A written statement, within 1 hour before departure, with the Office of Immigration and Naturalization Service at the airport of departure, containing—
(i) All information in the flight plan;
(ii) The name of each occupant of the aircraft;
(iii) The number of occupants of the aircraft; and
(iv) A description of the cargo, if any.
This section does not apply to the operation of aircraft by a scheduled air carrier over routes authorized in operations specifications issued by the Administrator.
(Approved by the Office of Management and Budget under control number 2120-0005)
§91.711 Special rules for foreign civil aircraft.
(a) General. In addition to the other applicable regulations of this part, each person operating a foreign civil aircraft within the United States shall comply with this section.
(b) VFR. No person may conduct VFR operations which require two-way radio communications under this part unless at least one crewmember of that aircraft is able to conduct two-way radio communications in the English language and is on duty during that operation.
(c) IFR. No person may operate a foreign civil aircraft under IFR unless—
(1) That aircraft is equipped with—
(i) Radio equipment allowing two-way radio communication with ATC when it is operated in controlled airspace; and
(ii) Navigation equipment suitable for the route to be flown.
(2) Each person piloting the aircraft—
(i) Holds a current United States instrument rating or is authorized by his foreign airman certificate to pilot under IFR; and
(ii) Is thoroughly familiar with the United States en route, holding, and letdown procedures; and
(3) At least one crewmember of that aircraft is able to conduct two-way radiotelephone communications in the English language and that crewmember is on duty while the aircraft is approaching, operating within, or leaving the United States.
(d) Over water. Each person operating a foreign civil aircraft over water off the shores of the United States shall give flight notification or file a flight plan in accordance with the Supplementary Procedures for the ICAO region concerned.
(e) Flight at and above FL 240. If VOR navigation equipment is required under paragraph (c)(1)(ii) of this section, no person may operate a foreign civil aircraft within the 50 States and the District of Columbia at or above FL 240, unless the aircraft is equipped with approved DME or a suitable RNAV system. When the DME or RNAV system required by this paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC immediately and may then continue operations at and above FL 240 to the next airport of intended landing where repairs or replacement of the equipment can be made. A foreign civil aircraft may be operated within the 50 States and the District of Columbia at or above FL 240 without DME or an RNAV system when operated for the following purposes, and ATC is notified before each takeoff:
(1) Ferry flights to and from a place in the United States where repairs or alterations are to be made.
(2) Ferry flights to a new country of registry.
(3) Flight of a new aircraft of U.S. manufacture for the purpose of—
(i) Flight testing the aircraft;
(ii) Training foreign flight crews in the operation of the aircraft; or
(iii) Ferrying the aircraft for export delivery outside the United States.
(4) Ferry, demonstration, and test flight of an aircraft brought to the United States for the purpose of demonstration or testing the whole or any part thereof.
[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661, Dec. 17, 1991; Amdt. 91-296, 72 FR 31679, June 7, 2007]
§91.713 Operation of civil aircraft of Cuban registry.
No person may operate a civil aircraft of Cuban registry except in controlled airspace and in accordance with air traffic clearance or air traffic control instructions that may require use of specific airways or routes and landings at specific airports.
§91.715 Special flight authorizations for foreign civil aircraft.
(a) Foreign civil aircraft may be operated without airworthiness certificates required under §91.203 if a special flight authorization for that operation is issued under this section. Application for a special flight authorization must be made to the appropriate Flight Standards Division Manager, or Aircraft Certification Service Division Director. However, in the case of an aircraft to be operated in the U.S. for the purpose of demonstration at an airshow, the application may be made to the appropriate Flight Standards Division Manager or Aircraft Certification Service Division Director responsible for the airshow location.
(b) The Administrator may issue a special flight authorization for a foreign civil aircraft subject to any conditions and limitations that the Administrator considers necessary for safe operation in the U.S. airspace.
(c) No person may operate a foreign civil aircraft under a special flight authorization unless that operation also complies with part 375 of the Special Regulations of the Department of Transportation (14 CFR part 375).
(Approved by the Office of Management and Budget under control number 2120-0005)
[Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-212, 54 FR 39293, Sept. 25, 1989; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
§§91.717-91.799 [Reserved]
Subpart I—Operating Noise Limits
SOURCE: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless otherwise noted.
§91.801 Applicability: Relation to part 36.
(a) This subpart prescribes operating noise limits and related requirements that apply, as follows, to the operation of civil aircraft in the United States.
(1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to civil subsonic jet (turbojet) airplanes with maximum weights of more than 75,000 pounds and—
(i) If U.S. registered, that have standard airworthiness certificates; or
(ii) If foreign registered, that would be required by this chapter to have a U.S. standard airworthiness certificate in order to conduct the operations intended for the airplane were it registered in the United States. Those sections apply to operations to or from airports in the United States under this part and parts 121, 125, 129, and 135 of this chapter.
(2) Section 91.813 applies to U.S. operators of civil subsonic jet (turbojet) airplanes covered by this subpart. This section applies to operators operating to or from airports in the United States under this part and parts 121, 125, and 135, but not to those operating under part 129 of this chapter.
(3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered civil supersonic airplanes having standard airworthiness certificates and to foreign-registered civil supersonic airplanes that, if registered in the United States, would be required by this chapter to have U.S. standard airworthiness certificates in order to conduct the operations intended for the airplane. Those sections apply to operations under this part and under parts 121, 125, 129, and 135 of this chapter.
(b) Unless otherwise specified, as used in this subpart “part 36” refers to 14 CFR part 36, including the noise levels under appendix C of that part, notwithstanding the provisions of that part excepting certain airplanes from the specified noise requirements. For purposes of this subpart, the various stages of noise levels, the terms used to describe airplanes with respect to those levels, and the terms “subsonic airplane” and “supersonic airplane” have the meanings specified under part 36 of this chapter. For purposes of this subpart, for subsonic airplanes operated in foreign air commerce in the United States, the Administrator may accept compliance with the noise requirements under annex 16 of the International Civil Aviation Organization when those requirements have been shown to be substantially compatible with, and achieve results equivalent to those achievable under, part 36 for that airplane. Determinations made under these provisions are subject to the limitations of §36.5 of this chapter as if those noise levels were part 36 noise levels.
(c) Sections 91.851 through 91.877 of this subpart prescribe operating noise limits and related requirements that apply to any civil subsonic jet (turbojet) airplane (for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator) with a maximum certificated takeoff weight of more than 75,000 pounds operating to or from an airport in the 48 contiguous United States and the District of Columbia under this part, parts 121, 125, 129, or 135 of this chapter on and after September 25, 1991.
(d) Section 91.877 prescribes reporting requirements that apply to any civil subsonic jet (turbojet) airplane with a maximum weight of more than 75,000 pounds operated by an air carrier or foreign air carrier between the contiguous United States and the State of Hawaii, between the State of Hawaii and any point outside of the 48 contiguous United States, or between the islands of Hawaii in turnaround service, under part 121 or 129 of this chapter on or after November 5, 1990.
(e) Sections 91.881 through 91.883 of this subpart prescribe operating noise limits and related requirements that apply to any civil subsonic jet airplane with a maximum takeoff weight of 75,000 pounds or less and for which an airworthiness certificate (other than an experimental certificate) has been issued, operating to or from an airport in the contiguous United States under this part, part 121, 125, 129, or 135 of this chapter on and after December 31, 2015.
[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, Oct. 5, 1989, as amended by Amdt. 91-225, 56 FR 48658, Sept. 25, 1991; Amdt. 91-252, 61 FR 66185, Dec. 16, 1996; Amdt. 91-275, 67 FR 45237, July 8, 2002; Amdt. 91-276, 67 FR 46571, July 15, 2002; Amdt. 91-328, 78 FR 39583, July 2, 2013]
§91.803 Part 125 operators: Designation of applicable regulations.
For airplanes covered by this subpart and operated under part 125 of this chapter, the following regulations apply as specified:
(a) For each airplane operation to which requirements prescribed under this subpart applied before November 29, 1980, those requirements of this subpart continue to apply.
(b) For each subsonic airplane operation to which requirements prescribed under this subpart did not apply before November 29, 1980, because the airplane was not operated in the United States under this part or part 121, 129, or 135 of this chapter, the requirements prescribed under §91.805 of this subpart apply.
(c) For each supersonic airplane operation to which requirements prescribed under this subpart did not apply before November 29, 1980, because the airplane was not operated in the United States under this part or part 121, 129, or 135 of this chapter, the requirements of §§91.819 and 91.821 of this subpart apply.
(d) For each airplane required to operate under part 125 for which a deviation under that part is approved to operate, in whole or in part, under this part or part 121, 129, or 135 of this chapter, notwithstanding the approval, the requirements prescribed under paragraphs (a), (b), and (c) of this section continue to apply.
[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989, as amended by Amdt. 91-276, 67 FR 46571, July 15, 2002]
§91.805 Final compliance: Subsonic airplanes.
Except as provided in §§91.809 and 91.811, on and after January 1, 1985, no person may operate to or from an airport in the United States any subsonic airplane covered by this subpart unless that airplane has been shown to comply with Stage 2 or Stage 3 noise levels under part 36 of this chapter.
§§91.807-91.813 [Reserved]
§91.815 Agricultural and fire fighting airplanes: Noise operating limitations.
(a) This section applies to propeller-driven, small airplanes having standard airworthiness certificates that are designed for “agricultural aircraft operations” (as defined in §137.3 of this chapter, as effective on January 1, 1966) or for dispensing fire fighting materials.
(b) If the Airplane Flight Manual, or other approved manual material information, markings, or placards for the airplane indicate that the airplane has not been shown to comply with the noise limits under part 36 of this chapter, no person may operate that airplane, except—
(1) To the extent necessary to accomplish the work activity directly associated with the purpose for which it is designed;
(2) To provide flight crewmember training in the special purpose operation for which the airplane is designed; and
(3) To conduct “nondispensing aerial work operations” in accordance with the requirements under §137.29(c) of this chapter.
§91.817 Civil aircraft sonic boom.
(a) No person may operate a civil aircraft in the United States at a true flight Mach number greater than 1 except in compliance with conditions and limitations in an authorization to exceed Mach 1 issued to the operator under appendix B of this part.
(b) In addition, no person may operate a civil aircraft for which the maximum operating limit speed M5exceeds a Mach number of 1, to or from an airport in the United States, unless—
(1) Information available to the flight crew includes flight limitations that ensure that flights entering or leaving the United States will not cause a sonic boom to reach the surface within the United States; and
(2) The operator complies with the flight limitations prescribed in paragraph (b)(1) of this section or complies with conditions and limitations in an authorization to exceed Mach 1 issued under appendix B of this part.
(Approved by the Office of Management and Budget under control number 2120-0005)
§91.819 Civil supersonic airplanes that do not comply with part 36.
(a) Applicability. This section applies to civil supersonic airplanes that have not been shown to comply with the Stage 2 noise limits of part 36 in effect on October 13, 1977, using applicable trade-off provisions, and that are operated in the United States, after July 31, 1978.
(b) Airport use. Except in an emergency, the following apply to each person who operates a civil supersonic airplane to or from an airport in the United States:
(1) Regardless of whether a type design change approval is applied for under part 21 of this chapter, no person may land or take off an airplane covered by this section for which the type design is changed, after July 31, 1978, in a manner constituting an “acoustical change” under §21.93 unless the acoustical change requirements of part 36 are complied with.
(2) No flight may be scheduled, or otherwise planned, for takeoff or landing after 10 p.m. and before 7 a.m. local time.
§91.821 Civil supersonic airplanes: Noise limits.
Except for Concorde airplanes having flight time before January 1, 1980, no person may operate in the United States, a civil supersonic airplane that does not comply with Stage 2 noise limits of part 36 in effect on October 13, 1977, using applicable trade-off provisions.
§§91.823-91.849 [Reserved]
§91.851 Definitions.
For the purposes of §§91.851 through 91.877 of this subpart:
Chapter 4 noise level means a noise level at or below the maximum noise level prescribed in Chapter 4, Paragraph 4.4, Maximum Noise Levels, of the International Civil Aviation Organization (ICAO) Annex 16, Volume I, Amendment 7, effective March 21, 2002. The Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 approved the incorporation by reference of this document, which can be obtained from the International Civil Aviation Organization (ICAO), Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada. Also, you may obtain documents on the Internet at http://www.ICAO.int/eshop/index.cfm. Copies may be reviewed at the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Contiguous United States means the area encompassed by the 48 contiguous United States and the District of Columbia.
Fleet means those civil subsonic jet (turbojet) airplanes with a maximum certificated weight of more than 75,000 pounds that are listed on an operator’s operations specifications as eligible for operation in the contiguous United States.
Import means a change in ownership of an airplane from a non-U.S. person to a U.S. person when the airplane is brought into the United States for operation.
Operations specifications means an enumeration of airplanes by type, model, series, and serial number operated by the operator or foreign air carrier on a given day, regardless of how or whether such airplanes are formally listed or designated by the operator.
Owner means any person that has indicia of ownership sufficient to register the airplane in the United States pursuant to part 47 of this chapter.
New entrant means an air carrier or foreign air carrier that, on or before November 5, 1990, did not conduct operations under part 121 or 129 of this chapter using an airplane covered by this subpart to or from any airport in the contiguous United States, but that initiates such operation after that date.
Stage 2 noise levels mean the requirements for Stage 2 noise levels as defined in part 36 of this chapter in effect on November 5, 1990.
Stage 3 noise levels mean the requirements for Stage 3 noise levels as defined in part 36 of this chapter in effect on November 5, 1990.
Stage 4 noise level means a noise level at or below the Stage 4 noise limit prescribed in part 36 of this chapter.
Stage 2 airplane means a civil subsonic jet (turbojet) airplane with a maximum certificated weight of 75,000 pounds or more that complies with Stage 2 noise levels as defined in part 36 of this chapter.
Stage 3 airplane means a civil subsonic jet (turbojet) airplane with a maximum certificated weight of 75,000 pounds or more that complies with Stage 3 noise levels as defined in part 36 of this chapter.
Stage 4 airplane means an airplane that has been shown not to exceed the Stage 4 noise limit prescribed in part 36 of this chapter. A Stage 4 airplane complies with all of the noise operating rules of this part.
Stage 5 airplane means an airplane that has been shown not to exceed the Stage 5 noise limit prescribed in part 36 of this chapter. A Stage 5 airplane complies with all of the noise operating rules of this part.
Stage 5 noise level means a noise level at or below the Stage 5 noise limit prescribed in part 36 of this chapter.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-252, 61 FR 66185, Dec. 16, 1996; Amdt. 91-275, 67 FR 45237, July 8, 2002; Amdt. 91-288, 70 FR 38749, July 5, 2005; 72 FR 68475, Dec. 5, 2007; Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.853 Final compliance: Civil subsonic airplanes.
Except as provided in §91.873, after December 31, 1999, no person shall operate to or from any airport in the contiguous United States any airplane subject to §91.801(c), unless that airplane has been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.
[Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.855 Entry and nonaddition rule.
No person may operate any airplane subject to §91.801(c) of this subpart to or from an airport in the contiguous United States unless one or more of the following apply:
(a) The airplane complies with Stage 3, Stage 4, or Stage 5 noise levels.
(b) The airplane complies with Stage 2 noise levels and was owned by a U.S. person on and since November 5, 1990. Stage 2 airplanes that meet these criteria and are leased to foreign airlines are also subject to the return provisions of paragraph (e) of this section.
(c) The airplane complies with Stage 2 noise levels, is owned by a non-U.S. person, and is the subject of a binding lease to a U.S. person effective before and on September 25, 1991. Any such airplane may be operated for the term of the lease in effect on that date, and any extensions thereof provided for in that lease.
(d) The airplane complies with Stage 2 noise levels and is operated by a foreign air carrier.
(e) The airplane complies with Stage 2 noise levels and is operated by a foreign operator other than for the purpose of foreign air commerce.
(f) The airplane complies with Stage 2 noise levels and—
(1) On November 5, 1990, was owned by:
(i) A corporation, trust, or partnership organized under the laws of the United States or any State (including individual States, territories, possessions, and the District of Columbia);
(ii) An individual who is a citizen of the United States; or
(iii) An entity owned or controlled by a corporation, trust, partnership, or individual described in paragraph (f)(1) (i) or (ii) of this section; and
(2) Enters into the United States not later than 6 months after the expiration of a lease agreement (including any extensions thereof) between an owner described in paragraph (f)(1) of this section and a foreign airline.
(g) The airplane complies with Stage 2 noise levels and was purchased by the importer under a written contract executed before November 5, 1990.
(h) Any Stage 2 airplane described in this section is eligible for operation in the contiguous United States only as provided under §91.865 or 91.867.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 FR 51167, Oct. 10, 1991, as amended by Amdt. 91-288, 70 FR 38750, July 5, 2005; Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.857 Stage 2 operations outside of the 48 contiguous United States.
An operator of a Stage 2 airplane that is operating only between points outside the contiguous United States on or after November 5, 1990, must include in its operations specifications a statement that such airplane may not be used to provide air transportation to or from any airport in the contiguous United States.
[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002]
§91.858 Special flight authorizations for non-revenue Stage 2 operations.
(a) After December 31, 1999, any operator of a Stage 2 airplane over 75,000 pounds may operate that airplane in nonrevenue service in the contiguous United States only for the following purposes:
(1) Sell, lease, or scrap the airplane;
(2) Obtain modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.
(3) Obtain scheduled heavy maintenance or significant modifications;
(4) Deliver the airplane to a lessee or return it to a lessor;
(5) Park or store the airplane; and
(6) Prepare the airplane for any of the purposes listed in paragraph (a)(1) thru (a)(5) of this section.
(b) An operator of a Stage 2 airplane that needs to operate in the contiguous United States for any of the purposes listed above may apply to FAA’s Office of Environment and Energy for a special flight authorization. The applicant must file in advance. Applications are due 30 days in advance of the planned flight and must provide the information necessary for the FAA to determine that the planned flight is within the limits prescribed in the law.
[Doc. No. FAA-2002-12771, 67 FR 46571, July 15, 2002, as amended by Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.859 Modification to meet Stage 3, Stage 4, or Stage 5 noise levels.
For an airplane subject to §91.801(c) of this subpart and otherwise prohibited from operation to or from an airport in the contiguous United States by §91.855, any person may apply for a special flight authorization for that airplane to operate in the contiguous United States for the purpose of obtaining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.
[Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.861 Base level.
(a) U.S. Operators. The base level of a U.S. operator is equal to the number of owned or leased Stage 2 airplanes subject to §91.801(c) of this subpart that were listed on that operator’s operations specifications for operations to or from airports in the contiguous United States on any one day selected by the operator during the period January 1, 1990, through July 1, 1991, plus or minus adjustments made pursuant to paragraphs (a) (1) and (2).
(1) The base level of a U.S. operator shall be increased by a number equal to the total of the following—
(i) The number of Stage 2 airplanes returned to service in the United States pursuant to §91.855(f);
(ii) The number of Stage 2 airplanes purchased pursuant to §91.855(g); and
(iii) Any U.S. operator base level acquired with a Stage 2 airplane transferred from another person under §91.863.
(2) The base level of a U.S. operator shall be decreased by the amount of U.S. operator base level transferred with the corresponding number of Stage 2 airplanes to another person under §91.863.
(b) Foreign air carriers. The base level of a foreign air carrier is equal to the number of owned or leased Stage 2 airplanes that were listed on that carrier’s U.S. operations specifications on any one day during the period January 1, 1990, through July 1, 1991, plus or minus any adjustments to the base levels made pursuant to paragraphs (b) (1) and (2).
(1) The base level of a foreign air carrier shall be increased by the amount of foreign air carrier base level acquired with a Stage 2 airplane from another person under §91.863.
(2) The base level of a foreign air carrier shall be decreased by the amount of foreign air carrier base level transferred with a Stage 2 airplane to another person under §91.863.
(c) New entrants do not have a base level.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10, 1991]
§91.863 Transfers of Stage 2 airplanes with base level.
(a) Stage 2 airplanes may be transferred with or without the corresponding amount of base level. Base level may not be transferred without the corresponding number of Stage 2 airplanes.
(b) No portion of a U.S. operator’s base level established under §91.861(a) may be used for operations by a foreign air carrier. No portion of a foreign air carrier’s base level established under §91.861(b) may be used for operations by a U.S. operator.
(c) Whenever a transfer of Stage 2 airplanes with base level occurs, the transferring and acquiring parties shall, within 10 days, jointly submit written notification of the transfer to the FAA, Office of Environment and Energy. Such notification shall state:
(1) The names of the transferring and acquiring parties;
(2) The name, address, and telephone number of the individual responsible for submitting the notification on behalf of the transferring and acquiring parties;
(3) The total number of Stage 2 airplanes transferred, listed by airplane type, model, series, and serial number;
(4) The corresponding amount of base level transferred and whether it is U.S. operator or foreign air carrier base level; and
(5) The effective date of the transaction.
(d) If, taken as a whole, a transaction or series of transactions made pursuant to this section does not produce an increase or decrease in the number of Stage 2 airplanes for either the acquiring or transferring operator, such transaction or series of transactions may not be used to establish compliance with the requirements of §91.865.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
§91.865 Phased compliance for operators with base level.
Except as provided in paragraph (a) of this section, each operator that operates an airplane under part 91, 121, 125, 129, or 135 of this chapter, regardless of the national registry of the airplane, shall comply with paragraph (b) or (d) of this section at each interim compliance date with regard to its subsonic airplane fleet covered by §91.801(c) of this subpart.
(a) This section does not apply to new entrants covered by §91.867 or to foreign operators not engaged in foreign air commerce.
(b) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall reduce the number of Stage 2 airplanes it operates that are eligible for operation in the contiguous United States to a maximum of:
(1) After December 31, 1994, 75 percent of the base level held by the operator;
(2) After December 31, 1996, 50 percent of the base level held by the operator;
(3) After December 31, 1998, 25 percent of the base level held by the operator.
(c) Except as provided under §91.871, the number of Stage 2 airplanes that must be reduced at each compliance date contained in paragraph (b) of this section shall be determined by reference to the amount of base level held by the operator on that compliance date, as calculated under §91.861.
(d) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall operate a fleet that consists of:
(1) After December 31, 1994, not less than 55 percent Stage 3 airplanes;
(2) After December 31, 1996, not less than 65 percent Stage 3 airplanes;
(3) After December 31, 1998, not less than 75 percent Stage 3 airplanes.
(e) Calculations resulting in fractions may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
§91.867 Phased compliance for new entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating operations under part 121 of this chapter on or before December 31, 1994, may initiate service without regard to the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers.
(1) A new entrant foreign air carrier initiating part 129 operations on or before December 31, 1994, may initiate service without regard to the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(c) Calculations resulting in fractions may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as amended by Amdt. 91-252, 61 FR 66185, Dec. 16, 1996]
§91.869 Carry-forward compliance.
(a) Any operator that exceeds the requirements of paragraph (b) of §91.865 of this part on or before December 31, 1994, or on or before December 31, 1996, may claim a credit that may be applied at a subsequent interim compliance date.
(b) Any operator that eliminates or modifies more Stage 2 airplanes pursuant to §91.865(b) than required as of December 31, 1994, or December 31, 1996, may count the number of additional Stage 2 airplanes reduced as a credit toward—
(1) The number of Stage 2 airplanes it would otherwise be required to reduce following a subsequent interim compliance date specified in §91.865(b); or
(2) The number of Stage 3 airplanes it would otherwise be required to operate in its fleet following a subsequent interim compliance date to meet the percentage requirements specified in §91.865(d).
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18, 1991]
§91.871 Waivers from interim compliance requirements.
(a) Any U.S. operator or foreign air carrier subject to the requirements of §91.865 or 91.867 of this subpart may request a waiver from any individual compliance requirement.
(b) Applications must be filed with the Secretary of Transportation at least 120 days prior to the compliance date from which the waiver is requested.
(c) Applicants must show that a grant of waiver would be in the public interest, and must include in its application its plans and activities for modifying its fleet, including evidence of good faith efforts to comply with the requirements of §91.865 or §91.867. The application should contain all information the applicant considers relevant, including, as appropriate, the following:
(1) The applicant’s balance sheet and cash flow positions;
(2) The composition of the applicant’s current fleet; and
(3) The applicant’s delivery position with respect to new airplanes or noise-abatement equipment.
(d) Waivers will be granted only upon a showing by the applicant that compliance with the requirements of §91.865 or 91.867 at a particular interim compliance date is financially onerous, physically impossible, or technologically infeasible, or that it would have an adverse effect on competition or on service to small communities.
(e) The conditions of any waiver granted under this section shall be determined by the circumstances presented in the application, but in no case may the term extend beyond the next interim compliance date.
(f) A summary of any request for a waiver under this section will be published in the FEDERAL REGISTER, and public comment will be invited. Unless the Secretary finds that circumstances require otherwise, the public comment period will be at least 14 days.
[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991]
§91.873 Waivers from final compliance.
(a) A U.S. air carrier or a foreign air carrier may apply for a waiver from the prohibition contained in §91.853 of this part for its remaining Stage 2 airplanes, provided that, by July 1, 1999, at least 85 percent of the airplanes used by the carrier to provide service to or from an airport in the contiguous United States will comply with the Stage 3 noise levels.
(b) An application for the waiver described in paragraph (a) of this section must be filed with the Secretary of Transportation no later than January 1, 1999, or, in the case of a foreign air carrier, no later than April 20, 2000. Such application must include a plan with firm orders for replacing or modifying all airplanes to comply with Stage 3 noise levels at the earliest practicable time.
(c) To be eligible to apply for the waiver under this section, a new entrant U.S. air carrier must initiate service no later than January 1, 1999, and must comply fully with all provisions of this section.
(d) The Secretary may grant a waiver under this section if the Secretary finds that granting such waiver is in the public interest. In making such a finding, the Secretary shall include consideration of the effect of granting such waiver on competition in the air carrier industry and the effect on small community air service, and any other information submitted by the applicant that the Secretary considers relevant.
(e) The term of any waiver granted under this section shall be determined by the circumstances presented in the application, but in no case will the waiver permit the operation of any Stage 2 airplane covered by this subchapter in the contiguous United States after December 31, 2003.
(f) A summary of any request for a waiver under this section will be published in the FEDERAL REGISTER, and public comment will be invited. Unless the secretary finds that circumstances require otherwise, the public comment period will be at least 14 days.
[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10, 1991; Amdt. 91-276, 67 FR 46571, July 15, 2002]
§91.875 Annual progress reports.
(a) Each operator subject to §91.865 or §91.867 of this chapter shall submit an annual report to the FAA, Office of Environment and Energy, on the progress it has made toward complying with the requirements of that section. Such reports shall be submitted no later than 45 days after the end of a calendar year. All progress reports must provide the information through the end of the calendar year, be certified by the operator as true and complete (under penalty of 18 U.S.C. 1001), and include the following information:
(1) The name and address of the operator;
(2) The name, title, and telephone number of the person designated by the operator to be responsible for ensuring the accuracy of the information in the report;
(3) The operator’s progress during the reporting period toward compliance with the requirements of §91.853, §91.865 or §91.867. For airplanes on U.S. operations specifications, each operator shall identify the airplanes by type, model, series, and serial number.
(i) Each Stage 2 airplane added or removed from operation or U.S. operations specifications (grouped separately by those airplanes acquired with and without base level);
(ii) Each Stage 2 airplane modified to Stage 3 noise levels (identifying the manufacturer and model of noise abatement retrofit equipment;
(iii) Each Stage 3 airplane on U.S. operations specifications as of the last day of the reporting period; and
(iv) For each Stage 2 airplane transferred or acquired, the name and address of the recipient or transferor; and, if base level was transferred, the person to or from whom base level was transferred or acquired pursuant to Section 91.863 along with the effective date of each base level transaction, and the type of base level transferred or acquired.
(b) Each operator subject to §91.865 or §91.867 of this chapter shall submit an initial progress report covering the period from January 1, 1990, through December 31, 1991, and provide:
(1) For each operator subject to §91.865:
(i) The date used to establish its base level pursuant to §91.861(a); and
(ii) A list of those Stage 2 airplanes (by type, model, series and serial number) in its base level, including adjustments made pursuant to §91.861 after the date its base level was established.
(2) For each U.S. operator:
(i) A plan to meet the compliance schedules in §91.865 or §91.867 and the final compliance date of §91.853, including the schedule for delivery of replacement Stage 3 airplanes or the installation of noise abatement retrofit equipment; and
(ii) A separate list (by type, model, series, and serial number) of those airplanes included in the operator’s base level, pursuant to §91.861(a)(1) (i) and (ii), under the categories “returned” or “purchased,” along with the date each was added to its operations specifications.
(c) Each operator subject to §91.865 or §91.867 of this chapter shall submit subsequent annual progress reports covering the calendar year preceding the report and including any changes in the information provided in paragraphs (a) and (b) of this section; including the use of any carry-forward credits pursuant to §91.869.
(d) An operator may request, in any report, that specific planning data be considered proprietary.
(e) If an operator’s actions during any reporting period cause it to achieve compliance with §91.853, the report should include a statement to that effect. Further progress reports are not required unless there is any change in the information reported pursuant to paragraph (a) of this section.
(f) For each U.S. operator subject to §91.865, progress reports submitted for calendar years 1994, 1996, and 1998, shall also state how the operator achieved compliance with the requirements of that section, i.e.—
(1) By reducing the number of Stage 2 airplanes in its fleet to no more than the maximum permitted percentage of its base level under §91.865(b), or
(2) By operating a fleet that consists of at least the minimum required percentage of Stage 3 airplanes under §91.865(d).
(Approved by the Office of Management and Budget under control number 2120-0553)
[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51168, Oct. 10, 1991, as amended by 57 FR 5977, Feb. 19, 1992]
§91.877 Annual reporting of Hawaiian operations.
(a) Each air carrier or foreign air carrier subject to §91.865 or §91.867 of this part that conducts operations between the contiguous United States and the State of Hawaii, between the State of Hawaii and any point outside of the contiguous United States, or between the islands of Hawaii in turnaround service, on or since November 5, 1990, shall include in its annual report the information described in paragraph (c) of this section.
(b) Each air carrier or foreign air carrier not subject to §91.865 or §91.867 of this part that conducts operations between the contiguous U.S. and the State of Hawaii, between the State of Hawaii and any point outside of the contiguous United States, or between the islands of Hawaii in turnaround service, on or since November 5, 1990, shall submit an annual report to the FAA, Office of Environment and Energy, on its compliance with the Hawaiian operations provisions of 49 U.S.C. 47528. Such reports shall be submitted no later than 45 days after the end of a calendar year. All progress reports must provide the information through the end of the calendar year, be certified by the operator as true and complete (under penalty of 18 U.S.C. 1001), and include the following information—
(1) The name and address of the air carrier or foreign air carrier;
(2) The name, title, and telephone number of the person designated by the air carrier or foreign air carrier to be responsible for ensuring the accuracy of the information in the report; and
(3) The information specified in paragraph (c) of this section.
(c) The following information must be included in reports filed pursuant to this section—
(1) For operations conducted between the contiguous United States and the State of Hawaii—
(i) The number of Stage 2 airplanes used to conduct such operations as of November 5, 1990;
(ii) Any change to that number during the calendar year being reported, including the date of such change;
(2) For air carriers that conduct inter-island turnaround service in the State of Hawaii—
(i) The number of Stage 2 airplanes used to conduct such operations as of November 5, 1990;
(ii) Any change to that number during the calendar year being reported, including the date of such change;
(iii) For an air carrier that provided inter-island trunaround service within the state of Hawaii on November 5, 1990, the number reported under paragraph (c)(2)(i) of this section may include all Stage 2 airplanes with a maximum certificated takeoff weight of more than 75,000 pounds that were owned or leased by the air carrier on November 5, 1990, regardless of whether such airplanes were operated by that air carrier or foreign air carrier on that date.
(3) For operations conducted between the State of Hawaii and a point outside the contiguous United States—
(i) The number of Stage 2 airplanes used to conduct such operations as of November 5, 1990; and
(ii) Any change to that number during the calendar year being reported, including the date of such change.
(d) Reports or amended reports for years predating this regulation are required to be filed concurrently with the next annual report.
[Doc. No. 28213, 61 FR 66185, Dec. 16, 1996]
§§91.879-91.880 [Reserved]
§91.881 Final compliance: Civil subsonic jet airplanes weighing 75,000 pounds or less.
Except as provided in §91.883, after December 31, 2015, a person may not operate to or from an airport in the contiguous United States a civil subsonic jet airplane subject to §91.801(e) of this subpart that weighs less than 75,000 pounds unless that airplane has been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.
[Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§91.883 Special flight authorizations for jet airplanes weighing 75,000 pounds or less.
(a) After December 31, 2015, an operator of a jet airplane weighing 75,000 pounds or less that does not comply with Stage 3 noise levels may, when granted a special flight authorization by the FAA, operate that airplane in the contiguous United States only for one of the following purposes:
(1) To sell, lease, or use the airplane outside the 48 contiguous States;
(2) To scrap the airplane;
(3) To obtain modifications to the airplane to meet Stage 3, Stage 4, or Stage 5 noise levels.
(4) To perform scheduled heavy maintenance or significant modifications on the airplane at a maintenance facility located in the contiguous 48 States;
(5) To deliver the airplane to an operator leasing the airplane from the owner or return the airplane to the lessor;
(6) To prepare, park, or store the airplane in anticipation of any of the activities described in paragraphs (a)(1) through (a)(5) of this section;
(7) To provide transport of persons and goods in the relief of an emergency situation; or
(8) To divert the airplane to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (a)(1) through (a)(7) of this section.
(b) An operator of an affected airplane may apply for a special flight authorization for one of the purposes listed in paragraph (a) of this section by filing an application with the FAA’s Office of Environment and Energy. Except for emergency relief authorizations sought under paragraph (a)(7) of this section, applications must be filed at least 30 days in advance of the planned flight. All applications must provide the information necessary for the FAA to determine that the planned flight is within the limits prescribed in the law.
[Doc. No. FAA-2013-0503, 78 FR 39583, July 2, 2013, as amended by Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
§§91.884-91.899 [Reserved]
Subpart J—Waivers
§91.901 [Reserved]
§91.903 Policy and procedures.
(a) The Administrator may issue a certificate of waiver authorizing the operation of aircraft in deviation from any rule listed in this subpart if the Administrator finds that the proposed operation can be safely conducted under the terms of that certificate of waiver.
(b) An application for a certificate of waiver under this part is made on a form and in a manner prescribed by the Administrator and may be submitted to any FAA office.
(c) A certificate of waiver is effective as specified in that certificate of waiver.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]
§91.905 List of rules subject to waivers.
Sec.
91.107 Use of safety belts.
91.111 Operating near other aircraft.
91.113 Right-of-way rules: Except water operations.
91.115 Right-of-way rules: Water operations.
91.117 Aircraft speed.
91.119 Minimum safe altitudes: General.
91.121 Altimeter settings.
91.123 Compliance with ATC clearances and instructions.
91.125 ATC light signals.
91.126 Operating on or in the vicinity of an airport in Class G airspace.
91.127 Operating on or in the vicinity of an airport in Class E airspace.
91.129 Operations in Class D airspace.
91.130 Operations in Class C airspace.
91.131 Operations in Class B airspace.
91.133 Restricted and prohibited areas.
91.135 Operations in Class A airspace.
91.137 Temporary flight restrictions.
91.141 Flight restrictions in the proximity of the Presidential and other parties.
91.143 Flight limitation in the proximity of space flight operations.
91.153 VFR flight plan: Information required.
91.155 Basic VFR weather minimums
91.157 Special VFR weather minimums.
91.159 VFR cruising altitude or flight level.
91.169 IFR flight plan: Information required.
91.173 ATC clearance and flight plan required.
91.175 Takeoff and landing under IFR.
91.176 Operations below DA/DH or MDA using an enhanced flight vision system (EFVS) under IFR.
91.177 Minimum altitudes for IFR operations.
91.179 IFR cruising altitude or flight level.
91.181 Course to be flown.
91.183 IFR radio communications.
91.185 IFR operations: Two-way radio communications failure.
91.187 Operation under IFR in controlled airspace: Malfunction reports.
91.209 Aircraft lights.
91.303 Aerobatic flights.
91.305 Flight test areas.
91.311 Towing: Other than under §91.309.
91.313(e) Restricted category civil aircraft: Operating limitations.
91.515 Flight altitude rules.
91.707 Flights between Mexico or Canada and the United States.
91.713 Operation of civil aircraft of Cuban registry.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661, Dec. 17, 1991; Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90175, Dec. 13, 2016; Docket FAA-2016-9154, Amdt. 91-348, 82 FR 39664, Aug. 22, 2017]
§§91.907-91.999 [Reserved]
Subpart K—Fractional Ownership Operations
SOURCE: Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, unless otherwise noted.
§91.1001 Applicability.
(a) This subpart prescribes rules, in addition to those prescribed in other subparts of this part, that apply to fractional owners and fractional ownership program managers governing—
(1) The provision of program management services in a fractional ownership program;
(2) The operation of a fractional ownership program aircraft in a fractional ownership program; and
(3) The operation of a program aircraft included in a fractional ownership program managed by an affiliate of the manager of the program to which the owner belongs.
(b) As used in this part—
(1) Affiliate of a program manager means a manager that, directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, another program manager. The holding of at least forty percent (40 percent) of the equity and forty percent (40 percent) of the voting power of an entity will be presumed to constitute control for purposes of determining an affiliation under this subpart.
(2) A dry-lease aircraft exchange means an arrangement, documented by the written program agreements, under which the program aircraft are available, on an as needed basis without crew, to each fractional owner.
(3) A fractional owner or owner means an individual or entity that possesses a minimum fractional ownership interest in a program aircraft and that has entered into the applicable program agreements; provided, however, that in the case of the flight operations described in paragraph (b)(6)(ii) of this section, and solely for purposes of requirements pertaining to those flight operations, the fractional owner operating the aircraft will be deemed to be a fractional owner in the program managed by the affiliate.
(4) A fractional ownership interest means the ownership of an interest or holding of a multi-year leasehold interest and/or a multi-year leasehold interest that is convertible into an ownership interest in a program aircraft.
(5) A fractional ownership program or program means any system of aircraft ownership and exchange that consists of all of the following elements:
(i) The provision for fractional ownership program management services by a single fractional ownership program manager on behalf of the fractional owners.
(ii) Two or more airworthy aircraft.
(iii) One or more fractional owners per program aircraft, with at least one program aircraft having more than one owner.
(iv) Possession of at least a minimum fractional ownership interest in one or more program aircraft by each fractional owner.
(v) A dry-lease aircraft exchange arrangement among all of the fractional owners.
(vi) Multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program.
(6) A fractional ownership program aircraft or program aircraft means:
(i) An aircraft in which a fractional owner has a minimal fractional ownership interest and that has been included in the dry-lease aircraft exchange pursuant to the program agreements, or
(ii) In the case of a fractional owner from one program operating an aircraft in a different fractional ownership program managed by an affiliate of the operating owner’s program manager, the aircraft being operated by the fractional owner, so long as the aircraft is:
(A) Included in the fractional ownership program managed by the affiliate of the operating owner’s program manager, and
(B) Included in the operating owner’s program’s dry-lease aircraft exchange pursuant to the program agreements of the operating owner’s program.
(iii) An aircraft owned in whole or in part by the program manager that has been included in the dry-lease aircraft exchange and is used to supplement program operations.
(7) A Fractional Ownership Program Flight or Program Flight means a flight under this subpart when one or more passengers or property designated by a fractional owner are on board the aircraft.
(8) Fractional ownership program management services or program management services mean administrative and aviation support services furnished in accordance with the applicable requirements of this subpart or provided by the program manager on behalf of the fractional owners, including, but not limited to, the—
(i) Establishment and implementation of program safety guidelines;
(ii) Employment, furnishing, or contracting of pilots and other crewmembers;
(iii) Training and qualification of pilots and other crewmembers and personnel;
(iv) Scheduling and coordination of the program aircraft and crews;
(v) Maintenance of program aircraft;
(vi) Satisfaction of recordkeeping requirements;
(vii) Development and use of a program operations manual and procedures; and
(viii) Application for and maintenance of management specifications and other authorizations and approvals.
(9) A fractional ownership program manager or program manager means the entity that offers fractional ownership program management services to fractional owners, and is designated in the multi-year program agreements referenced in paragraph (b)(1)(v) of this section to fulfill the requirements of this chapter applicable to the manager of the program containing the aircraft being flown. When a fractional owner is operating an aircraft in a fractional ownership program managed by an affiliate of the owner’s program manager, the references in this subpart to the flight-related responsibilities of the program manager apply, with respect to that particular flight, to the affiliate of the owner’s program manager rather than to the owner’s program manager.
(10) A minimum fractional ownership interest means—
(i) A fractional ownership interest equal to, or greater than, one-sixteenth (1⁄16) of at least one subsonic, fixed-wing or powered-lift program aircraft; or
(ii) A fractional ownership interest equal to, or greater than, one-thirty-second (1⁄32) of at least one rotorcraft program aircraft.
(c) The rules in this subpart that refer to a fractional owner or a fractional ownership program manager also apply to any person who engages in an operation governed by this subpart without the management specifications required by this subpart.
§91.1002 Compliance date.
No person that conducted flights before November 17, 2003 under a program that meets the definition of fractional ownership program in §91.1001 may conduct such flights after February 17, 2005 unless it has obtained management specifications under this subpart.
[Doc. No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003; 69 FR 74413, Dec. 14, 2004]
§91.1003 Management contract between owner and program manager.
Each owner must have a contract with the program manager that—
(a) Requires the program manager to ensure that the program conforms to all applicable requirements of this chapter.
(b) Provides the owner the right to inspect and to audit, or have a designee of the owner inspect and audit, the records of the program manager pertaining to the operational safety of the program and those records required to show compliance with the management specifications and all applicable regulations. These records include, but are not limited to, the management specifications, authorizations, approvals, manuals, log books, and maintenance records maintained by the program manager.
(c) Designates the program manager as the owner’s agent to receive service of notices pertaining to the program that the FAA seeks to provide to owners and authorizes the FAA to send such notices to the program manager in its capacity as the agent of the owner for such service.
(d) Acknowledges the FAA’s right to contact the owner directly if the Administrator determines that direct contact is necessary.
§91.1005 Prohibitions and limitations.
(a) Except as provided in §91.321 or §91.501, no owner may carry persons or property for compensation or hire on a program flight.
(b) During the term of the multi-year program agreements under which a fractional owner has obtained a minimum fractional ownership interest in a program aircraft, the flight hours used during that term by the owner on program aircraft must not exceed the total hours associated with the fractional owner’s share of ownership.
(c) No person may sell or lease an aircraft interest in a fractional ownership program that is smaller than that prescribed in the definition of “minimum fractional ownership interest” in §91.1001(b)(10) unless flights associated with that interest are operated under part 121 or 135 of this chapter and are conducted by an air carrier or commercial 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 chapter, as applicable.
(b) A program manager who holds a certificate under part 119 of this chapter 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 operations specifications for part 121 or part 135, as applicable.
(c) The fractional owner must be informed when a flight is being conducted as a program flight or is being conducted under part 121 or part 135 of this chapter.
OPERATIONAL CONTROL
§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 aircraft carry passengers or property designated by that owner; and
(3) The aircraft is carrying those passengers or property.
(b) An owner is not in operational control of a flight in the following circumstances:
(1) A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or
(2) The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.
§91.1011 Operational control responsibilities and delegation.
(a) Each owner in operational control of a program flight is ultimately responsible for safe operations and for complying with all applicable requirements 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 expertise and program management services. When the owner delegates performance of tasks to the program manager or relies on the program manager’s expertise, the owner and the program manager are jointly and individually 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 collectively. The management specifications, 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 program management services contract, or a renewal or extension of a program management services contract, the program manager must brief the fractional owner on the owner’s operational control responsibilities, and the owner must review and sign an acknowledgment of these operational control responsibilities. The acknowledgment must be included with the program management services contract. The acknowledgment must define when a fractional owner is in operational control and the owner’s responsibilities and liabilities under the program. These include:
(1) Responsibility for compliance with the management specifications and all applicable regulations.
(2) Enforcement actions for any noncompliance.
(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 operational control responsibilities described in the acknowledgment.
(c) Each program manager must ensure that the fractional owner or owner’s representatives have access to the acknowledgments for such owner’s program aircraft. Each program manager must ensure that the FAA has access to the acknowledgments for all program aircraft.
PROGRAM MANAGEMENT
§91.1014 Issuing or denying management specifications.
(a) A person applying to the Administrator for management specifications under this subpart must submit an application—
(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 requirements of this chapter and is able to conduct safe operations under appropriate provisions of part 91 of this chapter and management specifications issued under this subpart.
(c) An application for management specifications will be denied if the Administrator 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 operations under this subpart or furnishing fractional ownership program management services to fractional owners must do so in accordance with management specifications issued by the Administrator to the fractional ownership program manager under this subpart. Management specifications must include:
(1) The current list of all fractional owners and types of aircraft, registration 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, including the type of aircraft, the registration 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 overhauls, inspections, and checks for airframes, engines, propellers, rotors, appliances, and emergency equipment of aircraft.
(6) The specific location of the program manager’s principal base of operations 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 program 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 aircraft;
(9) Any authorized deviation and exemption granted from any requirement of this chapter; and
(10) Any other information the Administrator determines is necessary.
(b) The program manager may keep the current list of all fractional owners required by paragraph (a)(1) of this section at its principal base of operation or other location approved by the Administrator and referenced in its management specifications. Each program manager shall make this list of owners available for inspection by the Administrator.
(c) Management specifications issued under this subpart are effective unless—
(1) The management specifications are amended as provided in §91.1017; or
(2) The Administrator suspends or revokes the management specifications.
(d) At least 30 days before it proposes to establish or change the location of its principal base of operations, its 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 specifications available for inspection by the Administrator and the fractional owner(s) to whom the program manager furnishes its services for review and audit.
(f) Each program manager must insert pertinent excerpts of its management specifications, or references thereto, in its program manual and must—
(1) Clearly identify each such excerpt as a part of its management specifications; and
(2) State that compliance with each management specifications requirement is mandatory.
(g) Each program manager must keep each of its employees and other persons who perform duties material to its operations 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 document verifying a flightcrew member’s airman certificate and medical certificate privileges under an approved certificate 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]
§91.1017 Amending program manager’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 require the amendment of any management 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 Administrator initiates an amendment of a program manager’s management specifications, the following procedure applies:
(1) The Flight Standards office that issued the program manager’s management specifications will notify the program manager in writing of the proposed amendment.
(2) The Flight Standards office that issued the program manager’s management specifications will set a reasonable period (but not less than 7 days) within which the program manager may submit written information, views, and arguments on the amendment.
(3) After considering all material presented, 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 proposed amendment, or
(iii) The withdrawal of the proposed amendment.
(4) If the Flight Standards office that issued the program manager’s management specifications issues an amendment of the management specifications, it becomes effective not less than 30 days after the program manager receives notice of it unless—
(i) The Flight Standards office that issued the program manager’s management specifications finds under paragraph (e) of this section that there is an emergency requiring immediate action with respect to safety; or
(ii) The program manager petitions for reconsideration of the amendment under paragraph (d) of this section.
(c) When the program manager applies for an amendment to its management specifications, the following procedure applies:
(1) The program manager must file an application to amend its management 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 operational assets that require an additional 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 submitted to the Flight Standards office that issued the program manager’s management specifications in a form and manner prescribed by the Administrator.
(3) After considering all material presented, 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 applied 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 section.
(4) If the Flight Standards office that issued the program manager’s management 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 specifications concerning the amendment of management specifications, the following procedure applies:
(1) The program manager must petition for reconsideration of that decision within 30 days of the date that the program manager receives a notice of denial of the amendment of its management specifications, or of the date it receives notice of an FAA-initiated amendment of its management specifications, whichever circumstance applies.
(2) The program manager must address its petition to the Executive Director, 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 respect 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 management specifications finds that an emergency exists requiring immediate action 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 manager, the Flight Standards office will articulate the reasons for its finding that an emergency exists requiring immediate action with respect to safety or that makes it impracticable or contrary 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 inspections.
(a) At any time or place, the Administrator may conduct an inspection or test, other than an en route inspection, to determine whether a program manager under this subpart is complying with title 49 of the United States Code, applicable regulations, and the program manager’s management specifications.
(b) The program manager must—
(1) Make available to the Administrator at the program manager’s principal base of operations, or at a place approved by the Administrator, the program manager’s management specifications; and
(2) Allow the Administrator to make any test or inspection, other than an en route inspection, to determine compliance respecting any matter stated in paragraph (a) of this section.
(c) Each employee of, or person used by, the program manager who is responsible for maintaining the program manager’s records required by or necessary to demonstrate compliance with this subpart must make those records available to the Administrator.
(d) The Administrator may determine a program manager’s continued eligibility to hold its management specifications on any grounds listed in paragraph (a) of this section, or any other appropriate grounds.
(e) Failure by any program manager to make available to the Administrator upon request, the management specifications, or any required record, document, or report is grounds for suspension of all or any part of the program manager’s management specifications.
§91.1021 Internal safety reporting and incident/accident response.
(a) Each program manager must establish an internal anonymous safety reporting procedure that fosters an environment of safety without any potential for retribution for filing the report.
(b) Each program manager must establish procedures to respond to an aviation incident/accident.
§91.1023 Program operating manual requirements.
(a) Each program manager must prepare and keep current a program operating manual setting forth procedures and policies acceptable to the Administrator. The program manager’s management, flight, ground, and maintenance personnel must use this manual to conduct operations under this subpart. However, the Administrator may authorize a deviation from this paragraph if the Administrator finds that, because of the limited size of the operation, part of the manual is not necessary for guidance of management, flight, ground, or maintenance personnel.
(b) Each program manager must maintain at least one copy of the manual at its principal base of operations.
(c) No manual may be contrary to any applicable U.S. regulations, foreign regulations applicable to the program flights in foreign countries, or the program manager’s management specifications.
(d) The program manager must make a copy of the manual, or appropriate portions of the manual (and changes and additions), available to its maintenance and ground operations personnel and must furnish the manual to—
(1) Its crewmembers; and
(2) Representatives of the Administrator assigned to the program manager.
(e) Each employee of the program manager to whom a manual or appropriate portions of it are furnished under paragraph (d)(1) of this section must keep it up-to-date with the changes and additions furnished to them.
(f) Except as provided in paragraph (h) of this section, the appropriate parts of the manual must be carried on each aircraft when away from the principal operations base. The appropriate parts must be available for use by ground or flight personnel.
(g) For the purpose of complying with paragraph (d) of this section, a program manager may furnish the persons listed therein with all or part of its manual in printed form or other form, acceptable to the Administrator, that is retrievable in the English language. If the program manager furnishes all or part of the manual in other than printed form, it must ensure there is a compatible reading device available to those persons that provides a legible image of the maintenance information and instructions, or a system that is able to retrieve the maintenance information and instructions in the English language.
(h) If a program manager conducts aircraft inspections or maintenance at specified facilities where the approved aircraft inspection program is available, the program manager is not required to ensure that the approved aircraft inspection program is carried aboard the aircraft en route to those facilities.
(i) Program managers that are also certificated to operate under part 121 or 135 of this chapter may be authorized to use the operating manual required by those parts to meet the manual requirements of subpart K, provided:
(1) The policies and procedures are consistent for both operations, or
(2) When policies and procedures are different, the applicable policies and procedures are identified and used.
§91.1025 Program operating manual contents.
Each program operating manual must have the date of the last revision on each revised page. Unless otherwise authorized by the Administrator, the manual must include the following:
(a) Procedures for ensuring compliance with aircraft weight and balance limitations;
(b) Copies of the program manager’s management specifications or appropriate extracted information, including area of operations authorized, category and class of aircraft authorized, crew complements, and types of operations authorized;
(c) Procedures for complying with accident notification requirements;
(d) Procedures for ensuring that the pilot in command knows that required airworthiness inspections have been made and that the aircraft has been approved for return to service in compliance with applicable maintenance requirements;
(e) Procedures for reporting and recording mechanical irregularities that come to the attention of the pilot in command before, during, and after completion of a flight;
(f) Procedures to be followed by the pilot in command for determining that mechanical irregularities or defects reported for previous flights have been corrected or that correction of certain mechanical irregularities or defects have been deferred;
(g) Procedures to be followed by the pilot in command to obtain maintenance, preventive maintenance, and servicing of the aircraft at a place where previous arrangements have not been made by the program manager or owner, when the pilot is authorized to so act for the operator;
(h) Procedures under §91.213 for the release of, and continuation of flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route;
(i) Procedures for refueling aircraft, eliminating fuel contamination, protecting from fire (including electrostatic protection), and supervising and protecting passengers during refueling;
(j) Procedures to be followed by the pilot in command in the briefing under §91.1035.
(k) Procedures for ensuring compliance with emergency procedures, including a list of the functions assigned each category of required crewmembers in connection with an emergency and emergency evacuation duties;
(l) The approved aircraft inspection program, when applicable;
(m) Procedures for the evacuation of persons who may need the assistance of another person to move expeditiously to an exit if an emergency occurs;
(n) Procedures for performance planning that take into account take off, landing and en route conditions;
(o) An approved Destination Airport Analysis, when required by §91.1037(c), that includes the following elements, supported by aircraft performance data supplied by the aircraft manufacturer for the appropriate runway conditions—
(1) Pilot qualifications and experience;
(2) Aircraft performance data to include normal, abnormal and emergency procedures as supplied by the aircraft manufacturer;
(3) Airport facilities and topography;
(4) Runway conditions (including contamination);
(5) Airport or area weather reporting;
(6) Appropriate additional runway safety margins, if required;
(7) Airplane inoperative equipment;
(8) Environmental conditions; and
(9) Other criteria that affect aircraft performance.
(p) A suitable system (which may include a coded or electronic system) that provides for preservation and retrieval of maintenance recordkeeping information required by §91.1113 in a manner acceptable to the Administrator that provides—
(1) A description (or reference to date acceptable to the Administrator) of the work performed:
(2) The name of the person performing the work if the work is performed by a person outside the organization of the program manager; and
(3) The name or other positive identification of the individual approving the work.
(q) Flight locating and scheduling procedures; and
(r) Other procedures and policy instructions regarding program operations that are issued by the program manager or required by the Administrator.
§91.1027 Recordkeeping.
(a) Each program manager must keep at its principal base of operations or at other places approved by the Administrator, and must make available for inspection by the Administrator all of the following:
(1) The program manager’s management specifications.
(2) A current list of the aircraft used or available for use in operations under this subpart, the operations for which each is equipped (for example, RNP5/10, RVSM.).
(3) An individual record of each pilot used in operations under this subpart, including the following information:
(i) The full name of the pilot.
(ii) The pilot certificate (by type and number) and ratings that the pilot holds.
(iii) The pilot’s aeronautical experience in sufficient detail to determine the pilot’s qualifications to pilot aircraft in operations under this subpart.
(iv) The pilot’s current duties and the date of the pilot’s assignment to those duties.
(v) The effective date and class of the medical certificate that the pilot holds.
(vi) The date and result of each of the initial and recurrent competency tests and proficiency checks required by this subpart and the type of aircraft flown during that test or check.
(vii) The pilot’s flight time in sufficient detail to determine compliance with the flight time limitations of this subpart.
(viii) The pilot’s check pilot authorization, if any.
(ix) Any action taken concerning the pilot’s release from employment for physical or professional disqualification; and
(x) The date of the satisfactory completion of initial, transition, upgrade, and differences training and each recurrent training phase required by this subpart.
(4) An individual record for each flight attendant used in operations under this subpart, including the following information:
(i) The full name of the flight attendant, and
(ii) The date and result of training required by §91.1063, as applicable.
(5) A current list of all fractional owners and associated aircraft. This list or a reference to its location must be included in the management specifications and should be of sufficient detail to determine the minimum fractional ownership interest of each aircraft.
(b) Each program manager must keep each record required by paragraph (a)(2) of this section for at least 6 months, and must keep each record required by paragraphs (a)(3) and (a)(4) of this section for at least 12 months. When an employee is no longer employed or affiliated with the program manager or fractional owner, each record required by paragraphs (a)(3) and (a)(4) of this section must be retained for at least 12 months.
(c) Each program manager is responsible for the preparation and accuracy of a load manifest in duplicate containing information concerning the loading of the aircraft. The manifest must be prepared before each takeoff and must include—
(1) The number of passengers;
(2) The total weight of the loaded aircraft;
(3) The maximum allowable takeoff weight for that flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded aircraft, except that the actual center of gravity need not be computed if the aircraft is loaded according to a loading schedule or other approved method that ensures that the center of gravity of the loaded aircraft is within approved limits. In those cases, an entry must be made on the manifest indicating that the center of gravity is within limits according to a loading schedule or other approved method;
(6) The registration number of the aircraft or flight number;
(7) The origin and destination; and
(8) Identification of crewmembers and their crew position assignments.
(d) The pilot in command of the aircraft for which a load manifest must be prepared must carry a copy of the completed load manifest in the aircraft to its destination. The program manager must keep copies of completed load manifest for at least 30 days at its principal operations base, or at another location used by it and approved by the Administrator.
(e) Each program manager is responsible for providing a written document that states the name of the entity having operational control on that flight and the part of this chapter under which the flight is operated. The pilot in command of the aircraft must carry a copy of the document in the aircraft to its destination. The program manager must keep a copy of the document for at least 30 days at its principal operations base, or at another location used by it and approved by the Administrator.
(f) Records may be kept either in paper or other form acceptable to the Administrator.
(g) Program managers that are also certificated to operate under part 121 or 135 of this chapter may satisfy the recordkeeping requirements of this section and of §91.1113 with records maintained to fulfill equivalent obligations under part 121 or 135 of this chapter.
[Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA-2016-9154, Amdt. 91-348, 82 FR 39664, Aug. 22, 2017]
§91.1029 Flight scheduling and locating requirements.
(a) Each program manager must establish and use an adequate system to schedule and release program aircraft.
(b) Except as provided in paragraph (d) of this section, each program manager must have adequate procedures established for locating each flight, for which a flight plan is not filed, that—
(1) Provide the program manager with at least the information required to be included in a VFR flight plan;
(2) Provide for timely notification of an FAA facility or search and rescue facility, if an aircraft is overdue or missing; and
(3) Provide the program manager with the location, date, and estimated time for reestablishing radio or telephone communications, if the flight will operate in an area where communications cannot be maintained.
(c) Flight locating information must be retained at the program manager’s principal base of operations, or at other places designated by the program manager in the flight locating procedures, until the completion of the flight.
(d) The flight locating requirements of paragraph (b) of this section do not apply to a flight for which an FAA flight plan has been filed and the flight plan is canceled within 25 nautical miles of the destination airport.
§91.1031 Pilot in command or second in command: Designation required.
(a) Each program manager must designate a—
(1) Pilot in command for each program flight; and
(2) Second in command for each program flight requiring two pilots.
(b) The pilot in command, as designated by the program manager, must remain the pilot in command at all times during that flight.
§91.1033 Operating information required.
(a) Each program manager must, for all program operations, provide the following materials, in current and appropriate form, accessible to the pilot at the pilot station, and the pilot must use them—
(1) A cockpit checklist;
(2) For multiengine aircraft or for aircraft with retractable landing gear, an emergency cockpit checklist containing the procedures required by paragraph (c) of this section, as appropriate;
(3) At least one set of pertinent aeronautical charts; and
(4) For IFR operations, at least one set of pertinent navigational en route, terminal area, and instrument approach procedure charts.
(b) Each cockpit checklist required by paragraph (a)(1) of this section must contain the following procedures:
(1) Before starting engines;
(2) Before takeoff;
(3) Cruise;
(4) Before landing;
(5) After landing; and
(6) Stopping engines.
(c) Each emergency cockpit checklist required by paragraph (a)(2) of this section must contain the following procedures, as appropriate:
(1) Emergency operation of fuel, hydraulic, electrical, and mechanical systems.
(2) Emergency operation of instruments and controls.
(3) Engine inoperative procedures.
(4) Any other emergency procedures necessary for safety.
§91.1035 Passenger awareness.
(a) Prior to each takeoff, the pilot in command of an aircraft carrying passengers on a program flight must ensure that all passengers have been orally briefed on—
(1) Smoking: Each passenger must be briefed on when, where, and under what conditions smoking is prohibited. This briefing must include a statement, as appropriate, that the regulations require passenger compliance with lighted passenger information signs and no smoking placards, prohibit smoking in lavatories, and require compliance with crewmember instructions with regard to these items;
(2) Use of safety belts, shoulder harnesses, and child restraint systems: Each passenger must be briefed on when, where and under what conditions it is necessary to have his or her safety belt and, if installed, his or her shoulder harness fastened about him or her, and if a child is being transported, the appropriate use of child restraint systems, if available. This briefing must include a statement, as appropriate, that the regulations require passenger compliance with the lighted passenger information sign and/or crewmember instructions with regard to these items;
(3) The placement of seat backs in an upright position before takeoff and landing;
(4) Location and means for opening the passenger entry door and emergency exits;
(5) Location of survival equipment;
(6) Ditching procedures and the use of flotation equipment required under §91.509 for a flight over water;
(7) The normal and emergency use of oxygen installed in the aircraft; and
(8) Location and operation of fire extinguishers.
(b) Prior to each takeoff, the pilot in command of an aircraft carrying passengers on a program flight must ensure that each person who may need the assistance of another person to move expeditiously to an exit if an emergency occurs and that person’s attendant, if any, has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of that flight in the same aircraft.
(c) Prior to each takeoff, the pilot in command must advise the passengers of the name of the entity in operational control of the flight.
(d) The oral briefings required by paragraphs (a), (b), and (c) of this section must be given by the pilot in command or another crewmember.
(e) The oral briefing required by paragraph (a) of this section may be delivered by means of an approved recording playback device that is audible to each passenger under normal noise levels.
(f) The oral briefing required by paragraph (a) of this section must be supplemented by printed cards that must be carried in the aircraft in locations convenient for the use of each passenger. The cards must—
(1) Be appropriate for the aircraft on which they are to be used;
(2) Contain a diagram of, and method of operating, the emergency exits; and
(3) Contain other instructions necessary for the use of emergency equipment on board the aircraft.
§91.1037 Large transport category airplanes: Turbine engine powered; Limitations; Destination and alternate airports.
(a) No program manager or any other person may permit a turbine engine powered large transport category airplane on a program flight to take off that airplane at a weight that (allowing for normal consumption of fuel and oil in flight to the destination or alternate airport) the weight of the airplane on arrival would exceed the landing weight in the Airplane Flight Manual for the elevation of the destination or alternate airport and the ambient temperature expected at the time of landing.
(b) Except as provided in paragraph (c) of this section, no program manager or any other person may permit a turbine engine powered large transport category airplane on a program flight to take off that airplane unless its weight on arrival, allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance in the Airplane Flight Manual for the elevation of the destination airport and the wind conditions expected there at the time of landing), would allow a full stop landing at the intended destination airport within 60 percent of the effective length of each runway described below from a point 50 feet above the intersection of the obstruction clearance plane and the runway. For the purpose of determining the allowable landing weight at the destination airport, the following is assumed:
(1) The airplane is landed on the most favorable runway and in the most favorable direction, in still air.
(2) The airplane is landed on the most suitable runway considering the probable wind velocity and direction and the ground handling characteristics of that airplane, and considering other conditions such as landing aids and terrain.
(c) A program manager or other person flying a turbine engine powered large transport category airplane on a program flight may permit that airplane to take off at a weight in excess of that allowed by paragraph (b) of this section if all of the following conditions exist:
(1) The operation is conducted in accordance with an approved Destination Airport Analysis in that person’s program operating manual that contains the elements listed in §91.1025(o).
(2) The airplane’s weight on arrival, allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance in the Airplane Flight Manual for the elevation of the destination airport and the wind conditions expected there at the time of landing), would allow a full stop landing at the intended destination airport within 80 percent of the effective length of each runway described below from a point 50 feet above the intersection of the obstruction clearance plane and the runway. For the purpose of determining the allowable landing weight at the destination airport, the following is assumed:
(i) The airplane is landed on the most favorable runway and in the most favorable direction, in still air.
(ii) The airplane is landed on the most suitable runway considering the probable wind velocity and direction and the ground handling characteristics of that airplane, and considering other conditions such as landing aids and terrain.
(3) The operation is authorized by management specifications.
(d) No program manager or other person may select an airport as an alternate airport for a turbine engine powered large transport category airplane unless (based on the assumptions in paragraph (b) of this section) that airplane, at the weight expected at the time of arrival, can be brought to a full stop landing within 80 percent of the effective length of the runway from a point 50 feet above the intersection of the obstruction clearance plane and the runway.
(e) Unless, based on a showing of actual operating landing techniques on wet runways, a shorter landing distance (but never less than that required by paragraph (b) or (c) of this section) has been approved for a specific type and model airplane and included in the Airplane Flight Manual, no person may take off a turbojet airplane when the appropriate weather reports or forecasts, or any combination of them, indicate that the runways at the destination or alternate airport may be wet or slippery at the estimated time of arrival unless the effective runway length at the destination airport is at least 115 percent of the runway length required under paragraph (b) or (c) of this section.
§91.1039 IFR takeoff, approach and landing minimums.
(a) No pilot on a program aircraft operating a program flight may begin an instrument approach procedure to an airport unless—
(1) Either that airport or the alternate airport has a weather reporting facility operated by the U.S. National Weather Service, a source approved by the U.S. National Weather Service, or a source approved by the Administrator; and
(2) The latest weather report issued by the weather reporting facility includes a current local altimeter setting for the destination airport. If no local altimeter setting is available at the destination airport, the pilot must obtain the current local altimeter setting from a source provided by the facility designated on the approach chart for the destination airport.
(b) For flight planning purposes, if the destination airport does not have a weather reporting facility described in paragraph (a)(1) of this section, the pilot must designate as an alternate an airport that has a weather reporting facility meeting that criteria.
(c) The MDA or Decision Altitude and visibility landing minimums prescribed in part 97 of this chapter or in the program manager’s management specifications are increased by 100 feet and ½ mile respectively, but not to exceed the ceiling and visibility minimums for that airport when used as an alternate airport, for each pilot in command of a turbine-powered aircraft who has not served at least 100 hours as pilot in command in that type of aircraft.
(d) No person may take off an aircraft under IFR from an airport where weather conditions are at or above takeoff minimums but are below authorized IFR landing minimums unless there is an alternate airport within one hour’s flying time (at normal cruising speed, in still air) of the airport of departure.
(e) Except as provided in §91.176 of this chapter, each pilot making an IFR takeoff or approach and landing at an airport must comply with applicable instrument approach procedures and takeoff and landing weather minimums prescribed by the authority having jurisdiction over the airport. In addition, no pilot may take off at that airport when the visibility is less than 600 feet, unless otherwise authorized in the program manager’s management specifications for EFVS operations.
[Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90175, Dec. 13, 2016]
§91.1041 Aircraft proving and validation tests.
(a) No program manager may permit the operation of an aircraft, other than a turbojet aircraft, for which two pilots are required by the type certification requirements of this chapter for operations under VFR, if it has not previously proved such an aircraft in operations under this part in at least 25 hours of proving tests acceptable to the Administrator including—
(1) Five hours of night time, if night flights are to be authorized;
(2) Five instrument approach procedures under simulated or actual conditions, if IFR flights are to be authorized; and
(3) Entry into a representative number of en route airports as determined by the Administrator.
(b) No program manager may permit the operation of a turbojet airplane if it has not previously proved a turbojet airplane in operations under this part in at least 25 hours of proving tests acceptable to the Administrator including—
(1) Five hours of night time, if night flights are to be authorized;
(2) Five instrument approach procedures under simulated or actual conditions, if IFR flights are to be authorized; and
(3) Entry into a representative number of en route airports as determined by the Administrator.
(c) No program manager may carry passengers in an aircraft during proving tests, except those needed to make the tests and those designated by the Administrator to observe the tests. However, pilot flight training may be conducted during the proving tests.
(d) Validation testing is required to determine that a program manager is capable of conducting operations safely and in compliance with applicable regulatory standards. Validation tests are required for the following authorizations:
(1) The addition of an aircraft for which two pilots are required for operations under VFR or a turbojet airplane, 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 authorizations.
(4) Special performance or operational authorizations.
(e) Validation tests must be accomplished by test methods acceptable to the Administrator. Actual flights may not be required when an applicant can demonstrate competence and compliance 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 Administrator finds that special circumstances make full compliance with this section unnecessary.
§91.1043 [Reserved]
§91.1045 Additional equipment requirements.
No person may operate a program aircraft on a program flight unless the aircraft is equipped with the following—
(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 required by §121.359 of this chapter as applicable 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 avoidance system as required by §121.356 of this chapter as applicable to the aircraft specified in that section.
(5) Airborne weather radar as required 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, excluding each crewmember, and a payload capacity of 7,500 pounds or less, and any rotorcraft (as applicable):
(1) A cockpit voice recorder as required by §135.151 of this chapter as applicable 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 avoidance system as required by §135.180 of this chapter as applicable to the aircraft specified in that section.
(5) As applicable to the aircraft specified in that section, either:
(i) Airborne thunderstorm detection equipment as required by §135.173 of this chapter; or
(ii) Airborne weather radar as required by §135.175 of this chapter.
§91.1047 Drug and alcohol misuse education program.
(a) Each program manager must provide each direct employee performing flight crewmember, flight attendant, flight instructor, or aircraft maintenance 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 duties for the program manager unless that contract employee has been provided with drug and alcohol misuse education.
(c) Program managers must disclose 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;
(2) The categories of employees tested, 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 required under part 120 of this chapter regarding 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 requirements of paragraphs (a) or (b) of this section and emergency maintenance is required, the program manager may use persons not meeting the requirements of paragraphs (a) or (b) of this section to provide such emergency maintenance under both of the following 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 manager 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 maintenance personnel are available.
(e) For purposes of this section, emergency maintenance means maintenance 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 regulations. The program manager must provide oversight of those crews.
(b) Each program manager must employ (either directly or by contract) an adequate number of pilots per program aircraft. Flight crew staffing must be determined based on the following factors, 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 authorized by deviation under paragraph (d) of this section.
(c) Each program manager must publish 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 ensure that trained and qualified scheduling or flight release personnel are on duty to schedule and release program aircraft during all hours that such aircraft are available for program operations.
§91.1050 Employment of former FAA employees.
(a) Except as specified in paragraph (c) of this section, no fractional owner or fractional ownership program manager may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the fractional owner or fractional ownership program manager in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years—
(1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and
(2) Had direct responsibility to inspect, 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 ownership program manager in a matter before the agency if the individual makes any written or oral communication on behalf of the fractional owner or fractional ownership program manager to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector.
(c) The provisions of this section do not prohibit a fractional owner or fractional ownership program manager from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the fractional owner or fractional ownership program manager in any matter before the Federal Aviation Administration if the individual 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 beginning service as a pilot, the program manager must request the following information:
(a) FAA records pertaining to—
(1) Current pilot certificates and associated 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 employers 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 employees. If the previous employer is no longer in business, a documented good faith effort must be made to obtain the records. Records from previous employers must include, as applicable—
(1) Crew member records.
(2) Drug testing—collection, testing, and rehabilitation records pertaining to the individual.
(3) Alcohol misuse prevention program records pertaining to the individual.
(4) The applicant’s individual record that includes certifications, ratings, aeronautical experience, effective date and class of the medical certificate.
§91.1053 Crewmember experience.
(a) No program manager or owner may use any person, nor may any person serve, as a pilot in command or second in command of a program aircraft, or as a flight attendant on a program aircraft, in program operations under this subpart unless that person has met the applicable requirements of part 61 of this chapter and has the following 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 transport pilot and applicable type ratings.
(ii) Second in command—Commercial pilot and instrument ratings.
(iii) Flight attendant (if required or used)—Appropriately trained personnel.
(3) For all other aircraft, the following FAA certification and rating requirements:
(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 personnel.
(b) The Administrator may authorize deviations from paragraph (a)(1) of this section if the Flight Standards office that issued the program manager’s management specifications finds that the crewmember has comparable experience, and can effectively perform the functions associated with the position in accordance with the requirements of this chapter. Grants of deviation under this paragraph may be granted after consideration of the size and scope of the operation, the qualifications of the intended personnel and the circumstances set forth in §91.1055(b)(1) through (3). The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.
[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]
§91.1055 Pilot operating limitations and pairing requirement.
(a) If the second in command of a fixed-wing program aircraft has fewer than 100 hours of flight time as second in command flying in the aircraft make and model and, if a type rating is required, in the type aircraft being flown, and the pilot in command is not an appropriately qualified check pilot, the pilot in command shall make all takeoffs and landings in any of the following situations:
(1) Landings at the destination airport when a Destination Airport Analysis is required by §91.1037(c); and
(2) In any of the following conditions:
(i) The prevailing visibility for the airport is at or below ¾ mile.
(ii) The runway visual range for the runway to be used is at or below 4,000 feet.
(iii) The runway to be used has water, snow, slush, ice or similar contamination that may adversely affect aircraft performance.
(iv) The braking action on the runway to be used is reported to be less than “good.”
(v) The crosswind component for the runway to be used is in excess of 15 knots.
(vi) Windshear is reported in the vicinity of the airport.
(vii) Any other condition in which the pilot in command determines it to be prudent to exercise the pilot in command’s authority.
(b) No program manager may release a program flight under this subpart unless, for that aircraft make or model and, if a type rating is required, for that type aircraft, either the pilot in command or the second in command has at least 75 hours of flight time, either as pilot in command or second in command. The Administrator may, upon application by the program manager, authorize deviations from the requirements of this paragraph by an appropriate amendment to the management specifications in any of the following circumstances:
(1) A newly authorized program manager does not employ any pilots who meet the minimum requirements of this paragraph.
(2) An existing program manager adds to its fleet a new category and class aircraft not used before in its operation.
(3) An existing program manager establishes a new base to which it assigns pilots who will be required to become qualified on the aircraft operated from that base.
(c) No person may be assigned in the capacity of pilot in command in a program operation to more than two aircraft types that require a separate type rating.
§91.1057 Flight, duty and rest time requirements: All crewmembers.
(a) For purposes of this subpart—
Augmented flight crew means at least three pilots.
Calendar day means the period of elapsed time, using Coordinated Universal Time or local time that begins at midnight and ends 24 hours later at the next midnight.
Duty period means the period of elapsed time between reporting for an assignment involving flight time and release from that assignment by the program manager. All time between these two points is part of the duty period, even if flight time is interrupted by nonflight-related duties. The time is calculated using either Coordinated Universal Time or local time to reflect the total elapsed time.
Extension of flight time means an increase in the flight time because of circumstances beyond the control of the program manager or flight crewmember (such as adverse weather) that are not known at the time of departure and that prevent the flightcrew from reaching the destination within the planned flight time.
Flight attendant means an individual, other than a flight crewmember, who is assigned by the program manager, in accordance with the required minimum crew complement under the program manager’s management specifications or in addition to that minimum complement, to duty in an aircraft during flight time and whose duties include but are not necessarily limited to cabin-safety-related responsibilities.
Multi-time zone flight means an easterly or westerly flight or multiple flights in one direction in the same duty period that results in a time zone difference of 5 or more hours and is conducted in a geographic area that is south of 60 degrees north latitude and north of 60 degrees south latitude.
Reserve status means that status in which a flight crewmember, by arrangement with the program manager: Holds himself or herself fit to fly to the extent that this is within the control of the flight crewmember; remains within a reasonable response time of the aircraft as agreed between the flight crewmember and the program manager; and maintains a ready means whereby the flight crewmember may be contacted by the program manager. Reserve status is not part of any duty period or rest period.
Rest period means a period of time required pursuant to this subpart that is free of all responsibility for work or duty prior to the commencement of, or following completion of, a duty period, and during which the flight crewmember or flight attendant cannot be required to receive contact from the program manager. A rest period does not include any time during which the program manager imposes on a flight crewmember or flight attendant any duty or restraint, including any actual work or present responsibility for work should the occasion arise.
Standby means that portion of a duty period during which a flight crewmember is subject to the control of the program manager and holds himself or herself in a condition of readiness to undertake a flight. Standby is not part of any rest period.
(b) A program manager may assign a crewmember and a crewmember may accept an assignment for flight time only when the applicable requirements of this section and §§91.1059-91.1062 are met.
(c) No program manager may assign any crewmember to any duty during any required rest period.
(d) Time spent in transportation, not local in character, that a program manager requires of a crewmember and provides to transport the crewmember to an airport at which he or she is to serve on a flight as a crewmember, or from an airport at which he or she was relieved from duty to return to his or her home station, is not considered part of a rest period.
(e) A flight crewmember may continue a flight assignment if the flight to which he or she is assigned would normally terminate within the flight time limitations, but because of circumstances beyond the control of the program manager or flight crewmember (such as adverse weather conditions), is not at the time of departure expected to reach its destination within the planned flight time. The extension of flight time under this paragraph may not exceed the maximum time limits set forth in §91.1059.
(f) Each flight assignment must provide for at least 10 consecutive hours of rest during the 24-hour period that precedes the completion time of the assignment.
(g) The program manager must provide each crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter.
(h) A flight crewmember may decline a flight assignment if, in the flight crewmember’s determination, to do so would not be consistent with the standard of safe operation required under this subpart, this part, and applicable provisions of this title.
(i) Any rest period required by this subpart may occur concurrently with any other rest period.
(j) If authorized by the Administrator, a program manager may use the applicable unscheduled flight time limitations, duty period limitations, and rest requirements of part 121 or part 135 of this chapter instead of the flight time limitations, duty period limitations, and rest requirements of this subpart.
§91.1059 Flight time limitations and rest requirements: One or two pilot crews.
(a) No program manager may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one- or two-pilot crew if that crewmember’s total flight time in all commercial flying will exceed—
(1) 500 hours in any calendar quarter;
(2) 800 hours in any two consecutive calendar quarters;
(3) 1,400 hours in any calendar year.
(b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight, when added to any commercial flying by that flight crewmember, may not exceed—
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified under this subpart for the operation being conducted.
(c) No program manager may assign any flight crewmember, and no flight crewmember may accept an assignment, if that crewmember’s flight time or duty period will exceed, or rest time will be less than—
§91.1061 Augmented flight crews.
(a) No program manager may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of an augmented crew if that crewmember’s total flight time in all commercial flying will exceed—
(1) 500 hours in any calendar quarter;
(2) 800 hours in any two consecutive calendar quarters;
(3) 1,400 hours in any calendar year.
(b) No program manager may assign any pilot to an augmented crew, unless the program manager ensures:
(1) Adequate sleeping facilities are installed on the aircraft for the pilots.
(2) No more than 8 hours of flight deck duty is accrued in any 24 consecutive hours.
(3) For a three-pilot crew, the crew must consist of at least the following:
(i) A pilot in command (PIC) who meets the applicable flight crewmember requirements of this subpart and §61.57 of this chapter.
(ii) A PIC qualified pilot who meets the applicable flight crewmember requirements of this subpart and §61.57(c) and (d) of this chapter.
(iii) A second in command (SIC) who meets the SIC qualifications of this subpart. For flight under IFR, that person must also meet the recent instrument experience requirements of part 61 of this chapter.
(4) For a four-pilot crew, at least three pilots who meet the conditions of paragraph (b)(3) of this section, plus a fourth pilot who meets the SIC qualifications of this subpart. For flight under IFR, that person must also meet the recent instrument experience requirements of part 61 of this chapter.
(c) No program manager may assign any flight crewmember, and no flight crewmember may accept an assignment, if that crewmember’s flight time or duty period will exceed, or rest time will be less than—
§91.1062 Duty periods and rest requirements: Flight attendants.
(a) Except as provided in paragraph (b) of this section, a program manager may assign a duty period to a flight attendant only when the assignment meets the applicable duty period limitations and rest requirements of this paragraph.
(1) Except as provided in paragraphs (a)(4), (a)(5), and (a)(6) of this section, no program manager may assign a flight attendant to a scheduled duty period of more than 14 hours.
(2) Except as provided in paragraph (a)(3) of this section, a flight attendant scheduled to a duty period of 14 hours or less as provided under paragraph (a)(1) of this section must be given a scheduled rest period of at least 9 consecutive hours. This rest period must occur between the completion of the scheduled duty period and the commencement of the subsequent duty period.
(3) The rest period required under paragraph (a)(2) of this section may be scheduled or reduced to 8 consecutive hours if the flight attendant is provided a subsequent rest period of at least 10 consecutive hours; this subsequent rest period must be scheduled to begin no later than 24 hours after the beginning of the reduced rest period and must occur between the completion of the scheduled duty period and the commencement of the subsequent duty period.
(4) A program manager may assign a flight attendant to a scheduled duty period of more than 14 hours, but no more than 16 hours, if the program manager has assigned to the flight or flights in that duty period at least one flight attendant in addition to the minimum flight attendant complement required for the flight or flights in that duty period under the program manager’s management specifications.
(5) A program manager may assign a flight attendant to a scheduled duty period of more than 16 hours, but no more than 18 hours, if the program manager has assigned to the flight or flights in that duty period at least two flight attendants in addition to the minimum flight attendant complement required for the flight or flights in that duty period under the program manager’s management specifications.
(6) A program manager may assign a flight attendant to a scheduled duty period of more than 18 hours, but no more than 20 hours, if the scheduled duty period includes one or more flights that land or take off outside the 48 contiguous states and the District of Columbia, and if the program manager has assigned to the flight or flights in that duty period at least three flight attendants in addition to the minimum flight attendant complement required for the flight or flights in that duty period under the program manager’s management specifications.
(7) Except as provided in paragraph (a)(8) of this section, a flight attendant scheduled to a duty period of more than 14 hours but no more than 20 hours, as provided in paragraphs (a)(4), (a)(5), and (a)(6) of this section, must be given a scheduled rest period of at least 12 consecutive hours. This rest period must occur between the completion of the scheduled duty period and the commencement of the subsequent duty period.
(8) The rest period required under paragraph (a)(7) of this section may be scheduled or reduced to 10 consecutive hours if the flight attendant is provided a subsequent rest period of at least 14 consecutive hours; this subsequent rest period must be scheduled to begin no later than 24 hours after the beginning of the reduced rest period and must occur between the completion of the scheduled duty period and the commencement of the subsequent duty period.
(9) Notwithstanding paragraphs (a)(4), (a)(5), and (a)(6) of this section, if a program manager elects to reduce the rest period to 10 hours as authorized by paragraph (a)(8) of this section, the program manager may not schedule a flight attendant for a duty period of more than 14 hours during the 24-hour period commencing after the beginning of the reduced rest period.
(b) Notwithstanding paragraph (a) of this section, a program manager may apply the flight crewmember flight time and duty limitations and rest requirements of this part to flight attendants for all operations conducted under this part provided that the program manager establishes written procedures that—
(1) Apply to all flight attendants used in the program manager’s operation;
(2) Include the flight crewmember rest and duty requirements of §§91.1057, 91.1059, and 91.1061, as appropriate to the operation being conducted, except that rest facilities on board the aircraft are not required;
(3) Include provisions to add one flight attendant to the minimum flight attendant complement for each flight crewmember who is in excess of the minimum number required in the aircraft type certificate data sheet and who is assigned to the aircraft under the provisions of §91.1061; and
(4) Are approved by the Administrator and described or referenced in the program manager’s management specifications.
§91.1063 Testing and training: Applicability and terms used.
(a) Sections 91.1065 through 91.1107:
(1) Prescribe the tests and checks required for pilots and flight attendant crewmembers and for the approval of check pilots in operations under this subpart;
(2) Prescribe the requirements for establishing and maintaining an approved training program for crewmembers, check pilots and instructors, and other operations personnel employed or used by the program manager in program operations;
(3) Prescribe the requirements for the qualification, approval and use of aircraft simulators and flight training devices in the conduct of an approved training program; and
(4) Permits training center personnel authorized under part 142 of this chapter who meet the requirements of §91.1075 to conduct training, testing and checking under contract or other arrangements to those persons subject to the requirements of this subpart.
(b) If authorized by the Administrator, a program manager may comply with the applicable training and testing sections of part 121, subparts N and O of this chapter instead of §§91.1065 through 91.1107, provided that the following additional limitations and allowances apply to program managers so authorized:
(1) Operating experience and operations familiarization. Program managers are not required to comply with the operating experience requirements of §121.434 or the operations familiarization requirements of §121.435 of this chapter.
(2) Upgrade training. (i) Each program manager must include in upgrade ground training for pilots, instruction in at least the subjects identified in §121.419(a) of this chapter, as applicable to their assigned duties; and, for pilots serving in crews of two or more pilots, beginning on April 27, 2022, instruction and facilitated discussion in the subjects identified in §121.419(c) of this chapter.
(ii) Each program manager must include in upgrade flight training for pilots, flight training for the maneuvers and procedures required in §121.424(a), (c), (e), and (f) of this chapter; and, for pilots serving in crews of two or more pilots, beginning on April 27, 2022, the flight training required in §121.424(b) of this chapter.
(3) Initial and recurrent leadership and command and mentoring training. Program managers are not required to include leadership and command training in §§121.409(b)(2)(ii)(B)(6), 121.419(c)(1), 121.424(b) and 121.427(d)(1) of this chapter, and mentoring training in §§121.419(c)(2) and 121.427(d)(1) of this chapter in initial and recurrent training for pilots in command who serve in operations that use only one pilot.
(4) One-time leadership and command and mentoring training. Section 121.429 of this chapter does not apply to program managers conducting operations under this subpart when those operations use only one pilot.
(c) If authorized by the Administrator, a program manager may comply with the applicable training and testing sections of subparts G and H of part 135 of this chapter instead of §§91.1065 through 91.1107, except for the operating experience requirements of §135.244 of this chapter.
(d) For the purposes of this subpart, the following terms and definitions apply:
(1) Initial training. The training required for crew members who have not qualified and served in the same capacity on an aircraft.
(2) Transition training. The training required for crewmembers who have qualified and served in the same capacity on another aircraft.
(3) Upgrade training. The training required for crewmembers who have qualified and served as second in command on a particular aircraft type, before they serve as pilot in command on that aircraft.
(4) Differences training. The training required for crewmembers who have qualified and served on a particular type aircraft, when the Administrator finds differences training is necessary before a crewmember serves in the same capacity on a particular variation of that aircraft.
(5) Recurrent training. The training required for crewmembers to remain adequately trained and currently proficient for each aircraft crewmember position, and type of operation in which the crewmember serves.
(6) In flight. The maneuvers, procedures, or functions that will be conducted in the aircraft.
(7) Training center. An organization governed by the applicable requirements of part 142 of this chapter that conducts training, testing, and checking under contract or other arrangement to program managers subject to the requirements of this subpart.
(8) Requalification training. The training required for crewmembers previously trained and qualified, but who have become unqualified because of not having met within the required period any of the following:
(i) Recurrent crewmember training requirements of §91.1107.
(ii) Instrument proficiency check requirements of §91.1069.
(iii) Testing requirements of §91.1065.
(iv) Recurrent flight attendant testing requirements of §91.1067.
[Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Amdt. 61-144, 85 FR 10920, Feb. 25, 2020]
§91.1065 Initial and recurrent pilot testing requirements.
(a) No program manager or owner may use a pilot, nor may any person serve as a pilot, unless, since the beginning of the 12th month before that service, that pilot has passed either a written or oral test (or a combination), given by the Administrator or an authorized check pilot, on that pilot’s knowledge in the following areas—
(1) The appropriate provisions of parts 61 and 91 of this chapter and the management specifications and the operating manual of the program manager;
(2) For each type of aircraft to be flown by the pilot, the aircraft powerplant, major components and systems, major appliances, performance and operating limitations, standard and emergency operating procedures, and the contents of the accepted operating manual or equivalent, as applicable;
(3) For each type of aircraft to be flown by the pilot, the method of determining compliance with weight and balance limitations for takeoff, landing and en route operations;
(4) Navigation and use of air navigation aids appropriate to the operation or pilot authorization, including, when applicable, instrument approach facilities and procedures;
(5) Air traffic control procedures, including IFR procedures when applicable;
(6) Meteorology in general, including the principles of frontal systems, icing, fog, thunderstorms, and windshear, and, if appropriate for the operation of the program manager, high altitude weather;
(7) Procedures for—
(i) Recognizing and avoiding severe weather situations;
(ii) Escaping from severe weather situations, in case of inadvertent encounters, including low-altitude windshear (except that rotorcraft aircraft pilots are not required to be tested on escaping from low-altitude windshear); and
(iii) Operating in or near thunderstorms (including best penetration altitudes), turbulent air (including clear air turbulence), icing, hail, and other potentially hazardous meteorological conditions; and
(8) New equipment, procedures, or techniques, as appropriate.
(b) No program manager or owner may use a pilot, nor may any person serve as a pilot, in any aircraft unless, since the beginning of the 12th month before that service, that pilot has passed a competency check given by the Administrator or an authorized check pilot in that class of aircraft, if single-engine aircraft other than turbojet, or that type of aircraft, if rotorcraft, multiengine aircraft, or turbojet airplane, to determine the pilot’s competence in practical skills and techniques in that aircraft or class of aircraft. The extent of the competency check will be determined by the Administrator or authorized check pilot conducting the competency check. The competency check may include any of the maneuvers and procedures currently required for the original issuance of the particular pilot certificate required for the operations authorized and appropriate to the category, class and type of aircraft involved. For the purposes of this paragraph, type, as to an airplane, means any one of a group of airplanes determined by the Administrator to have a similar means of propulsion, the same manufacturer, and no significantly different handling or flight characteristics. For the purposes of this paragraph, type, as to a rotorcraft, means a basic make and model.
(c) The instrument proficiency check required by §91.1069 may be substituted for the competency check required by this section for the type of aircraft used in the check.
(d) For the purpose of this subpart, competent performance of a procedure or maneuver by a person to be used as a pilot requires that the pilot be the obvious master of the aircraft, with the successful outcome of the maneuver never in doubt.
(e) The Administrator or authorized check pilot certifies the competency of each pilot who passes the knowledge or flight check in the program manager’s pilot records.
(f) All or portions of a required competency check may be given in an aircraft simulator or other appropriate training device, if approved by the Administrator.
(g) If the program manager is authorized to conduct EFVS operations, the competency check in paragraph (b) of this section must include tasks appropriate to the EFVS operations the certificate holder is authorized to conduct.
[Docket No. FAA-2001-10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90175, Dec. 13, 2016]
§91.1067 Initial and recurrent flight attendant crewmember testing requirements.
No program manager or owner may use a flight attendant crewmember, nor may any person serve as a flight attendant crewmember unless, since the beginning of the 12th month before that service, the program manager has determined by appropriate initial and recurrent testing that the person is knowledgeable and competent in the following areas as appropriate to assigned duties and responsibilities—
(a) Authority of the pilot in command;
(b) Passenger handling, including procedures to be followed in handling deranged persons or other persons whose conduct might jeopardize safety;
(c) Crewmember assignments, functions, and responsibilities during ditching and evacuation of persons who may need the assistance of another person to move expeditiously to an exit in an emergency;
(d) Briefing of passengers;
(e) Location and operation of portable fire extinguishers and other items of emergency equipment;
(f) Proper use of cabin equipment and controls;
(g) Location and operation of passenger oxygen equipment;
(h) Location and operation of all normal and emergency exits, including evacuation slides and escape ropes; and
(i) Seating of persons who may need assistance of another person to move rapidly to an exit in an emergency as prescribed by the program manager’s operations manual.
§91.1069 Flight crew: Instrument proficiency check requirements.
(a) No program manager or owner may use a pilot, nor may any person serve, as a pilot in command of an aircraft under IFR unless, since the beginning of the 6th month before that service, that pilot has passed an instrument proficiency check under this section administered by the Administrator or an authorized check pilot.
(b) No program manager or owner may use a pilot, nor may any person serve, as a second command pilot of an aircraft under IFR unless, since the beginning of the 12th month before that service, that pilot has passed an instrument proficiency check under this section administered by the Administrator or an authorized check pilot.
(c) No pilot may use any type of precision instrument approach procedure under IFR unless, since the beginning of the 6th month before that use, the pilot satisfactorily demonstrated that type of approach procedure. No pilot may use any type of nonprecision approach procedure under IFR unless, since the beginning of the 6th month before that use, the pilot has satisfactorily demonstrated either that type of approach procedure or any other two different types of nonprecision approach procedures. The instrument approach procedure or procedures must include at least one straight-in approach, one circling approach, and one missed approach. Each type of approach procedure demonstrated must be conducted to published minimums for that procedure.
(d) The instrument proficiency checks required by paragraphs (a) and (b) of this section consists of either an oral or written equipment test (or a combination) and a flight check under simulated or actual IFR conditions. The equipment test includes questions on emergency procedures, engine operation, fuel and lubrication systems, power settings, stall speeds, best engine-out speed, propeller and supercharger operations, and hydraulic, mechanical, and electrical systems, as appropriate. The flight check includes navigation by instruments, recovery from simulated emergencies, and standard instrument approaches involving navigational facilities which that pilot is to be authorized to use.
(e) Each pilot taking the instrument proficiency check must show that standard of competence required by §91.1065(d).
(1) The instrument proficiency check must—
(i) For a pilot in command of an aircraft requiring that the PIC hold an airline transport pilot certificate, include the procedures and maneuvers for an airline transport pilot certificate in the particular type of aircraft, if appropriate; and
(ii) For a pilot in command of a rotorcraft or a second in command of any aircraft requiring that the SIC hold a commercial pilot certificate include the procedures and maneuvers for a commercial pilot certificate with an instrument rating and, if required, for the appropriate type rating.
(2) The instrument proficiency check must be given by an authorized check pilot or by the Administrator.
(f) If the pilot is assigned to pilot only one type of aircraft, that pilot must take the instrument proficiency check required by paragraph (a) of this section in that type of aircraft.
(g) If the pilot in command is assigned to pilot more than one type of aircraft, that pilot must take the instrument proficiency check required by paragraph (a) of this section in each type of aircraft to which that pilot is assigned, in rotation, but not more than one flight check during each period described in paragraph (a) of this section.
(h) If the pilot in command is assigned to pilot both single-engine and multiengine aircraft, that pilot must initially take the instrument proficiency check required by paragraph (a) of this section in a multiengine aircraft, and each succeeding check alternately in single-engine and multiengine aircraft, but not more than one flight check during each period described in paragraph (a) of this section.
(i) All or portions of a required flight check may be given in an aircraft simulator or other appropriate training device, if approved by the Administrator.
§91.1071 Crewmember: Tests and checks, grace provisions, training to accepted standards.
(a) If a crewmember who is required to take a test or a flight check under this subpart, completes the test or flight check in the month before or after the month in which it is required, that crewmember is considered to have completed the test or check in the month in which it is required.
(b) If a pilot being checked under this subpart fails any of the required maneuvers, the person giving the check may give additional training to the pilot during the course of the check. In addition to repeating the maneuvers failed, the person giving the check may require the pilot being checked to repeat any other maneuvers that are necessary to determine the pilot’s proficiency. If the pilot being checked is unable to demonstrate satisfactory performance to the person conducting the check, the program manager may not use the pilot, nor may the pilot serve, as a flight crewmember in operations under this subpart until the pilot has satisfactorily completed the check. If a pilot who demonstrates unsatisfactory performance is employed as a pilot for a certificate holder operating under part 121, 125, or 135 of this chapter, he or she must notify that certificate holder of the unsatisfactory performance.
§91.1073 Training program: General.
(a) Each program manager must have a training program and must:
(1) Establish, obtain the appropriate initial and final approval of, and provide a training program that meets this subpart and that ensures that each crewmember, including each flight attendant if the program manager uses a flight attendant crewmember, flight instructor, check pilot, and each person assigned duties for the carriage and handling of hazardous materials (as defined in 49 CFR 171.8) is adequately trained to perform these assigned duties.
(2) Provide adequate ground and flight training facilities and properly qualified ground instructors for the training required by this subpart.
(3) Provide and keep current for each aircraft type used and, if applicable, the particular variations within the aircraft type, appropriate training material, examinations, forms, instructions, and procedures for use in conducting the training and checks required by this subpart.
(4) Provide enough flight instructors, check pilots, and simulator instructors to conduct required flight training and flight checks, and simulator training courses allowed under this subpart.
(b) Whenever a crewmember who is required to take recurrent training under this subpart completes the training in the month before, or the month after, the month in which that training is required, the crewmember is considered to have completed it in the month in which it was required.
(c) Each instructor, supervisor, or check pilot who is responsible for a particular ground training subject, segment of flight training, course of training, flight check, or competence check under this subpart must certify as to the proficiency and knowledge of the crewmember, flight instructor, or check pilot concerned upon completion of that training or check. That certification must be made a part of the crewmember’s record. When the certification required by this paragraph is made by an entry in a computerized recordkeeping system, the certifying instructor, supervisor, or check pilot, must be identified with that entry. However, the signature of the certifying instructor, supervisor, or check pilot is not required for computerized entries.
(d) Training subjects that apply to more than one aircraft or crewmember position and that have been satisfactorily completed during previous training while employed by the program manager for another aircraft or another crewmember position, need not be repeated during subsequent training other than recurrent training.
(e) Aircraft simulators and other training devices may be used in the program manager’s training program if approved by the Administrator.
(f) Each program manager is responsible for establishing safe and efficient crew management practices for all phases of flight in program operations including crew resource management training for all crewmembers used in program operations.
(g) If an aircraft simulator has been approved by the Administrator for use in the program manager’s training program, the program manager must ensure that each pilot annually completes at least one flight training session in an approved simulator for at least one program aircraft. The training session may be the flight training portion of any of the pilot training or check requirements of this subpart, including the initial, transition, upgrade, requalification, differences, or recurrent training, or the accomplishment of a competency check or instrument proficiency check. If there is no approved simulator for that aircraft type in operation, then all flight training and checking must be accomplished in the aircraft.
§91.1075 Training program: Special rules.
Other than the program manager, only the following are eligible under this subpart to conduct training, testing, and checking under contract or other arrangement to those persons subject to the requirements of this subpart.
(a) Another program manager operating under this subpart:
(b) A training center certificated under part 142 of this chapter to conduct training, testing, and checking required by this subpart if the training center—
(1) Holds applicable training specifications issued under part 142 of this chapter;
(2) Has facilities, training equipment, and courseware meeting the applicable requirements of part 142 of this chapter;
(3) Has approved curriculums, curriculum segments, and portions of curriculum segments applicable for use in training courses required by this subpart; and
(4) Has sufficient instructors and check pilots qualified under the applicable requirements of §§91.1089 through 91.1095 to conduct training, testing, and checking to persons subject to the requirements of this subpart.
(c) A part 119 certificate holder operating under part 121 or part 135 of this chapter.
(d) As authorized by the Administrator, a training center that is not certificated under part 142 of this chapter.
§91.1077 Training program and revision: Initial and final approval.
(a) To obtain initial and final approval of a training program, or a revision to an approved training program, each program manager must submit to the Administrator—
(1) An outline of the proposed or revised curriculum, that provides enough information for a preliminary evaluation of the proposed training program or revision; and
(2) Additional relevant information that may be requested by the Administrator.
(b) If the proposed training program or revision complies with this subpart, the Administrator grants initial approval in writing after which the program manager may conduct the training under that program. The Administrator then evaluates the effectiveness of the training program and advises the program manager of deficiencies, if any, that must be corrected.
(c) The Administrator grants final approval of the proposed training program or revision if the program manager shows that the training conducted under the initial approval in paragraph (b) of this section ensures that each person who successfully completes the training is adequately trained to perform that person’s assigned duties.
(d) Whenever the Administrator finds that revisions are necessary for the continued adequacy of a training program that has been granted final approval, the program manager must, after notification by the Administrator, make any changes in the program that are found necessary by the Administrator. Within 30 days after the program manager receives the notice, it may file a petition to reconsider the notice with the Administrator. The filing of a petition to reconsider stays the notice pending a decision by the Administrator. However, if the Administrator finds that there is an emergency that requires immediate action in the interest of safety, the Administrator may, upon a statement of the reasons, require a change effective without stay.