812 

14 CFR Ch. I (1–1–19 Edition) 

§ 91.1049 

with this paragraph. The program man-
ager must retain copies of all such 
written notifications for two years. 

(2) The aircraft must be reinspected 

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

(e) For purposes of this section, 

emergency maintenance means main-
tenance that— 

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

condition not discovered prior to the 
departure for that location. 

(f) Notwithstanding paragraphs (a) 

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

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

§ 91.1049

Personnel. 

(a) Each program manager and each 

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

(b) Each program manager must em-

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

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

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

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

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

(c) Each program manager must pub-

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

(d) Unless otherwise authorized by 

the Administrator, when any program 

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

(e) The program manager must en-

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

§ 91.1050

Employment of former FAA 

employees. 

(a) Except as specified in paragraph 

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

(1) Served as, or was directly respon-

sible for the oversight of, a Flight 
Standards Service aviation safety in-
spector; and 

(2) Had direct responsibility to in-

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

(b) For the purpose of this section, an 

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

(c) The provisions of this section do 

not prohibit a fractional owner or frac-
tional ownership program manager 
from knowingly employing or making 
a contractual arrangement which per-
mits an individual to act as an agent or 

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