800 

14 CFR Ch. I (1–1–19 Edition) 

§ 91.1011 

ferrying, maintenance, or crew train-
ing, and no passengers or property des-
ignated by such owner are being car-
ried; or 

(2) The aircraft being used for the 

flight is being operated under part 121 
or 135 of this chapter. 

§ 91.1011

Operational control respon-

sibilities and delegation. 

(a) Each owner in operational control 

of a program flight is ultimately re-
sponsible for safe operations and for 
complying with all applicable require-
ments 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 ex-
pertise and program management serv-
ices. When the owner delegates per-
formance of tasks to the program man-
ager or relies on the program man-
ager’s expertise, the owner and the pro-
gram manager are jointly and individ-
ually 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 col-
lectively. The management specifica-
tions, 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 pro-

gram management services contract, 
or a renewal or extension of a program 
management services contract, the 
program manager must brief the frac-
tional owner on the owner’s oper-
ational control responsibilities, and 
the owner must review and sign an ac-
knowledgment of these operational 
control responsibilities. The acknowl-
edgment must be included with the 
program management services con-
tract. The acknowledgment must de-
fine when a fractional owner is in oper-
ational control and the owner’s respon-

sibilities and liabilities under the pro-
gram. These include: 

(1) Responsibility for compliance 

with the management specifications 
and all applicable regulations. 

(2) Enforcement actions for any non-

compliance. 

(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 de-
scribed in the acknowledgment. 

(c) Each program manager must en-

sure that the fractional owner or own-
er’s representatives have access to the 
acknowledgments for such owner’s pro-
gram aircraft. Each program manager 
must ensure that the FAA has access 
to the acknowledgments for all pro-
gram aircraft. 

P

ROGRAM

M

ANAGEMENT

 

§ 91.1014

Issuing or denying manage-

ment specifications. 

(a) A person applying to the Adminis-

trator for management specifications 
under this subpart must submit an ap-
plication— 

(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 re-
quirements of this chapter and is able 
to conduct safe operations under appro-
priate provisions of part 91 of this 
chapter and management specifica-
tions issued under this subpart. 

(c) An application for management 

specifications will be denied if the Ad-
ministrator finds that the applicant is 
not properly or adequately equipped or 
is not able to conduct safe operations 
under this part. 

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