785
Federal Aviation Administration, DOT
§ 91.1003
(8)
Fractional ownership program man-
agement services or program management
services mean administrative and avia-
tion support services furnished in ac-
cordance with the applicable require-
ments of this subpart or provided by
the program manager on behalf of the
fractional owners, including, but not
limited to, the—
(i) Establishment and implementa-
tion of program safety guidelines;
(ii) Employment, furnishing, or con-
tracting of pilots and other crew-
members;
(iii) Training and qualification of pi-
lots and other crewmembers and per-
sonnel;
(iv) Scheduling and coordination of
the program aircraft and crews;
(v) Maintenance of program aircraft;
(vi) Satisfaction of recordkeeping re-
quirements;
(vii) Development and use of a pro-
gram operations manual and proce-
dures; and
(viii) Application for and mainte-
nance of management specifications
and other authorizations and approv-
als.
(9) A
fractional ownership program
manager or program manager means the
entity that offers fractional ownership
program management services to frac-
tional owners, and is designated in the
multi-year program agreements ref-
erenced 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 af-
filiate of the owner’s program man-
ager, the references in this subpart to
the flight-related responsibilities of
the program manager apply, with re-
spect to that particular flight, to the
affiliate of the owner’s program man-
ager rather than to the owner’s pro-
gram 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 frac-
tional ownership program manager
also apply to any person who engages
in an operation governed by this sub-
part without the management speci-
fications required by this subpart.
§ 91.1002
Compliance date.
No person that conducted flights be-
fore 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 manage-
ment 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 be-
tween owner and program man-
ager.
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 per-
taining to the operational safety of the
program and those records required to
show compliance with the management
specifications and all applicable regu-
lations. These records include, but are
not limited to, the management speci-
fications, 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 own-
ers 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 Ad-
ministrator determines that direct
contact is necessary.
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