Section 91.1011

14 CFR Ch. I (1-1-19 Edition)

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.
Section 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.

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Section 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 respon-

sibilities 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
Section 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.

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