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					                                                                                            Wednesday,
                                                                                            September 17, 2003




                                                                                            Part II

                                                                                            Department of
                                                                                            Transportation
                                                                                            Federal Aviation Administration

                                                                                            14 CFR Parts 21, 61, 91, et al.
                                                                                            Regulation of Fractional Aircraft
                                                                                            Ownership Programs and On-Demand
                                                                                            Operations; Final Rule




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      54520           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      DEPARTMENT OF TRANSPORTATION                             General Abbreviations Used in This                    CFR part 135. Of those operating under
                                                               Preamble                                              part 91, the FAA believes that most
      Federal Aviation Administration                          AFM Aircraft Flight Manual                            follow the ‘‘best practices’’ of corporate
                                                               ATC Air Traffic Control                               aviation. FAA and NTSB accident data
      14 CFR Parts 21, 61, 91, 119, 125, 135,                  ATP Airline Transport Pilot                           for U.S.-registered turbine powered
      and 142                                                  CAMP Continuous Airworthiness                         aircraft during the period from 1990—
                                                                 Maintenance Program
                                                               DOM Director of Maintenance
                                                                                                                     2001 shows that fractional ownership
      [Docket No. FAA–2001–10047; Amdt. Nos.                   FACA Federal Advisory Committee Act                   aircraft operations are conducted with a
      21–84, 61–109, 91–274, 119–7, 125–44, 135–               FL Flight Level                                       high degree of safety.
      82, 142–5]                                               FOARC Fractional Ownership Aviation                     As fractional ownership programs
                                                                 Rulemaking Committee                                have grown in size, complexity and
      RIN 2120–AH06                                            FSDO Flight Standards District Office                 number, there has been much
                                                               GPWS Ground Proximity Warning System                  controversy within the aviation
      Regulation of Fractional Aircraft                        ICAO International Civil Aviation                     community whether the FAA should
                                                                 Organization                                        regulate these programs under part 91 or
      Ownership Programs and On-Demand                         IFR Instrument Flight Rules
      Operations                                               IMC Instrument Meteorological Conditions
                                                                                                                     under part 135 on-demand operations.
                                                               MEL Minimum Equipment List                            Also, the FAA has had concerns about
      AGENCY: Federal Aviation                                                                                       accountability and responsibility for
                                                               NEPA National Environmental Policy Act
      Administration (FAA), DOT.                               NM Nautical Miles                                     compliance and about maintaining a
      ACTION: Final rule.                                      NTSB National Transportation Safety Board             high level of safety. Consequently, the
                                                               PIC Pilot in Command                                  FAA continued its analysis of the
      SUMMARY: The Federal Aviation                            RVSM Reduced Vertical Separation                      appropriate regulatory environment for
      Administration (FAA) is updating and                       Minimum Airspace                                    these programs.
      revising the regulations governing                       SIC Second in Command
      operations of aircraft in fractional                     STC Supplemental Type Certificate                     Operational Control and Regulatory
                                                               TCAS Traffic Alert and Collision                      Responsibility
      ownership programs. The FAA has
                                                                 Avoidance System
      determined that the current regulations                  VFR Visual Flight Rules                                  The FAA’s objective is to establish the
      do not adequately define fractional                      VMC Visual Meteorological Conditions                  appropriate level of regulatory oversight
      ownership programs and do not clearly                    VREF Designated Landing Approach Speed                to ensure safe aircraft operations. The
      allocate responsibility and authority for                                                                      FAA regulations have always contained
      safety and compliance with the                           History and Background                                different levels of FAA oversight
      regulations. This final rule defines                        In 1986, Executive Jet Aviation, Inc.              depending on operational control and
      fractional ownership programs and their                  (EJA), created a new program that                     compliance responsibility. Airline
      various participants, allocates                          offered aircraft owners increased                     passengers exercise no control over and
      responsibility and authority for safety of               flexibility in the ownership and                      bear no responsibility for the
      flight operations for purposes of                        operation of aircraft by individuals and              airworthiness or operation of the aircraft
      compliance with the regulations, and                     corporations. The program offered                     on which they are passengers. The air
      ensures that fractional ownership                        shared aircraft ownership (fractional                 carrier exercises control of the operation
      program aircraft operations will                         ownership), and provided for the                      and bears responsibility for compliance
      maintain a high level of safety. These                   management of the aircraft by an aircraft             with the regulations. Because the air
      regulations provide a level of safety for                management company. Aircraft owners                   carrier is a commercial enterprise in the
      fractional ownership programs                            participating in the program agreed to                business of air transportation for the
      equivalent to certain regulations that                   share their aircraft with others having               public, the FAA imposes on the air
      apply to on-demand operators. The rule                   an ownership interest in that aircraft, as            carrier stringent regulations and
      also revises some requirements that                      well as to lease their aircraft to other              oversight under part 121 or part 135, as
      apply to on-demand operators that meet                   owners in the program that did not have               appropriate.
      certain criteria. The revisions permit                   an interest in that aircraft. The aircraft               In contrast, aircraft owners flying
      these operators to follow an alternate                   owners used the common management                     aboard aircraft they own or lease
      means of compliance for certain                          company to maintain the aircraft and                  exercise full control over and bear full
      commercial operations.                                   administer the leasing of the aircraft                responsibility for the airworthiness and
      EFFECTIVE DATE: November 17, 2003. A                     among the owners. An FAA regional                     operation of their aircraft. Under these
      person who conducted flights before                      determination allowed this fractional                 circumstances, the FAA has determined
      November 17, 2003 under a program                        ownership program to operate under 14                 that the appropriate level of oversight is
      that meets the definition of a fractional                CFR part 91.                                          provided by the regulations in part 91,
      ownership program in § 91.1001 may                          Since that time, the number of                     which are generally less stringent than
      not conduct such flights after December                  companies offering fractional ownership               those of part 121 or part 135. Part 91
      17, 2004 unless it has obtained                          programs has grown. During the 1990s                  regulations cover what is commonly
      management specifications under this                     this growth was substantial and                       called general aviation, which includes
      final rule.                                              sustained. As of early 2000, the leading              individual pilot/owner operations and
                                                               fractional ownership programs managed                 corporate owner operations.
      FOR FURTHER INFORMATION CONTACT:
                                                               approximately 465 aircraft on behalf of                  Business aviation in large and
      Katherine Hakala Perfetti, Flight                                                                              turbine-powered multiengine airplanes
                                                               3,446 shareowners. By the end of 2001
      Standards Service (AFS–200), Federal                                                                           is regulated under part 91, subpart F. In
                                                               there were over 3,500 owners of more
      Aviation Administration, 800                                                                                   creating subpart F (originally subpart D;
                                                               than 5,000 shares of 650 aircraft. Growth
      Independence Avenue, SW.,                                                                                      37 FR 14758, July 25, 1972), the FAA
                                                               in fractional ownership programs is
      Washington, DC 20591, telephone (202)                                                                          continued its long-standing policy that
                                                               expected to continue to increase.
      267–3760, email:                                            While most fractional ownership                    corporations may operate their aircraft
      katherine.perfetti@faa.gov.                              programs are conducted under 14 CFR                   under part 91. The FAA allowed for
      SUPPLEMENTARY INFORMATION:                               part 91, some are conducted under 14                  different arrangements in the loan,


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                     54521

      exchange, and sharing of the aircraft.                   of fractional ownership program                          (3) It establishes regulatory safety
      Current § 91.501(b)(4) allows a person to                operations. Designated advisers and                   standards for operations under
      operate his or her aircraft ‘‘for his                    counsel assisted the FOARC.                           fractional ownership programs,
      personal transportation, or the                             FOARC members represented on-                      including management operations,
      transportation of his guests when no                     demand charter operators, fractional                  maintenance, training, crewmember
      charge, assessment, or fee is made for                   ownership program managers and                        flight and duty requirements, and
      the transportation.’’ Current                            owners, aircraft manufacturers,                       others.
      § 91.501(b)(5) allows for the carriage of                corporate flight departments, traditional                This rulemaking also revises certain
      ‘‘officials, employees, guests, and                      aircraft management companies, aircraft               requirements in part 135 on-demand
      property of a company on an airplane                     financing and insurance companies, and                operations. Many of the requirements in
      operated by that company * * * when                      industry trade associations.                          new subpart K of part 91 are based on
      the carriage is within the scope of, and                 Representatives of the FAA, the U.S.                  requirements for on-demand operations
      incidental to, the business of the                       Department of Transportation and                      in part 135. In the process of reviewing
      company * * * Current § 91.501(b)(6)                     foreign civil aviation authorities were               part 135 requirements, the committee
      allows for time-sharing arrangements,                    also included.                                        and the FAA determined that some of
      interchange agreements, and joint                           The FOARC met for nine days in
                                                                                                                     the current part 135 requirements
      ownership arrangements. Some of these                    November and December 1999. Within
                                                                                                                     needed to be updated in accordance
      arrangements include the use of a                        the FOARC’s meeting schedule, two
                                                                                                                     with new technology and other changes.
      management company that provides                         days were set aside for public hearings
                                                                                                                     The FOARC studied the best practices of
      maintenance and other services to the                    to provide the public an opportunity to
                                                                                                                     the fractional ownership programs to
      owners.                                                  comment or present positions on this
                                                                                                                     determine under what circumstances
         A consideration for applicability                     issue. Notice of these public meetings
                                                               was provided in the Federal Register                  part 135 operations could use those
      under part 91 in any of these
                                                               (64 FR 66229, November 24, 1999) and                  practices as an alternate means of
      arrangements is that the corporation
                                                               through the media. The FAA reviewed                   compliance with part 135 standards. For
      cannot be established solely for the
                                                               and considered all material presented                 example, FOARC recommended that on-
      purpose of providing transportation to a
                                                               by participants at the public meetings.               demand operators be allowed to land at
      parent corporation, subsidiary, or other
                                                               The FOARC presented its initial                       airports without weather reporting
      corporation. In such a case, the
                                                               recommendations to the FAA on                         facilities, provided the flight plan
      corporation operating the aircraft would
      be in the business of transportation and                 February 23, 2000. Those                              includes an alternate airport that has
      would have to hold an air carrier                        recommendations provided the basis of                 such facilities and they carry additional
      certificate under part 121 or part 135, as               the FAA’s NPRM, published in the                      fuel to fly to that alternate airport.
      appropriate.                                             Federal Register on July 18, 2001 (66 FR              Further, this eligible on-demand
         Fractional ownership programs have                    37520). The comment period for the                    operation must provide a 2-pilot crew
      some of the elements of traditional                      NPRM ended on November 16, 2001.                      with increased pilot experience and that
      management services companies, but                       The FAA is issuing this final rule, based             meets crew pairing standards. In
      because of the size and complexity of                    on the recommendations of the FOARC                   addition proving test requirements for
      today’s fractional ownership programs,                   committee and the FAA’s consideration                 both fractional ownership programs and
      the part 91 rules are not adequate. The                  of the public comments received on the                part 135 on-demand operations were
      part 121 and part 135 rules are not                      NPRM.                                                 reviewed and amended. A proving test
      appropriate either because those rules                                                                         requirement was added for fractional
      are directed at air carriers and other                   Summary of Final Rule                                 ownership programs and the
      entities that hold themselves out to                        This rule establishes a new subpart K              requirement for multiple proving tests
      provide transportation to the general                    in part 91 to cover fractional ownership              for part 135 operations was amended.
      public.                                                  operations. The new Subpart K clarifies                  Specific requirements in subpart K
                                                               what qualifies as a fractional ownership              and revisions to part 135 are discussed
      Fractional Ownership Aviation                                                                                  in detail in the public comment
                                                               program, clarifies who has operational
      Rulemaking Committee                                                                                           discussion that follows.
                                                               control, defines operational control
        In October 1999, the FAA convened a                    responsibilities, codifies many of the
      special aviation rulemaking committee,                                                                         Discussion of Public Comment
                                                               ‘‘best practices’’ now being used
      the Fractional Ownership Aviation                        voluntarily in fractional ownership                     The FAA received approximately 230
      Rulemaking Committee (FOARC),                            programs, and incorporates many of the                comments in response to the NPRM.
      pursuant to the Administrator’s                          safety standards of part 121 and part                 Approximately 60 comments
      authority under 49 U.S.C. 106(p)(5), to                  135. By this rulemaking, the FAA                      specifically address a concern related to
      address the issues surrounding the                       establishes safety standards to maintain              noise and environmental issues at Santa
      regulation of fractional ownership                       the safety record of current fractional               Monica airport, 30 comments are from
      program operations. Pursuant to the                      ownership programs and to ensure that                 aircraft dispatchers, and 28 comments
      order of October 6, 1999, that                           new fractional ownership programs will                are from individual pilots. The rest of
      established the FOARC, the committee’s                   also meet a high level of safety.                     the comments are from major industry
      objective was to ‘‘propose such                             In brief, new subpart K accomplishes               associations, aviation companies and
      revisions to the Federal Aviation                        the following:                                        interested individuals. The comments
      Regulations and associated guidance                         (1) It establishes the criteria for                can be reviewed on the Internet at
      material as may be appropriate with                      qualifying as a fractional ownership                  http://dms.dot.gov.
      respect to fractional ownership                          program.
      programs.’’                                                 (2) It establishes that fractional                 Commenter Abbreviations Used in This
        The FOARC was comprised of 27                          owners and the management company                     Preamble
      members selected by the FAA as                           share operational control of the aircraft             ADF Airline Dispatchers Federation
      representative of the various                            and delineates operational control                    AOPA Aircraft Owners and Pilots
      constituencies interested in regulation                  responsibilities.                                       Association



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      54522           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      Avex The New Avex, Inc.                                  requirements, and runway length and                   91. They believe the FAA should
      CAA Civil Aviation Authority of the United               weather reporting requirements in the                 require fractional ownership programs
        Kingdom                                                proposed rule. Alpha believes the                     to operate under part 135. In addition to
      EHANAC East Hampton Airport Noise                        proposed requirements could provide                   general opposition, some pilots made
        Abatement Committee
      EJA Executive Jet Aviation, Inc.
                                                               relief to charter operators who have                  specific comments that the FAA
      Flexjet Bombardier Business Jet Solutions,               been unnecessarily burdened                           addresses under the appropriate issue or
        Inc.                                                   operationally and economically by rules               section.
      GAMA General Aviation Manufacturers                      that are out-of-date. Alpha believes that                The Civil Aviation Authority of the
        Association                                            weather reporting services now                        United Kingdom (CAA) states that
      GM General Motors Air Transportation                     available, vast aircraft equipment                    ‘‘. . .the proposal appears to be contrary
        Section                                                improvements and aircraft certification               to the provisions of the Chicago
      IBT International Brotherhood of                         rule changes that have been put in place              Convention which defines a commercial
        Teamsters, AFL–CIO                                     since the runway length and weather                   transport operation as an aircraft
      NATA National Air Transportation                                                                               operation involving transport of
                                                               reporting rules were written justify the
        Association
                                                               proposed changes.                                     passengers, cargo or mail for
      NBAA National Business Aviation
        Association                                               A flight operations manager                        remuneration or hire.’’ The French
      NWJ New World Jet Corporation                            comments that it is important that the                             ´ ´
                                                                                                                     Direction Generale de l’Aviation Civile
      PASS Professional Airways Systems                        people who developed the proposed                     submitted a similar comment.
        Specialists                                            rule actively work with the FAA to                       One commenter cites a U.S. Federal
      SAMA Small Aircraft Manufacturers                        develop Handbook guidance for                         Circuit court ruling that held a
        Association                                            compliance when the proposal becomes                  fractional ownership program to be a
      Teamsters Teamsters Miscellaneous and                    a final rule.                                         ‘‘commercial operation’’ for certain tax
        Industrial Workers Union, Local No. 284                   FAA Response: The FAA appreciates                  purposes and questions how the FAA
      General Support                                          the support of these commenters. In the               can ignore this ruling.
                                                               final rule the FAA has tried to achieve                  Jet Sales & Services, Inc., states that
         Several commenters express general                    the goals of FOARC, while carefully                   the preamble states no justification to
      support for the NPRM and for the work                    considering the comments from both                    require increased regulation. This
      of the FOARC. Aviation Resources                         supporters and those who oppose the                   commenter states that a group of aircraft
      Management states that it fully supports                 FOARC proposals. After considering all                owners should have the same rights and
      the proposed rules and that the process                  the comments on the specific proposals                privileges as those who can afford total
      used in their development was not only                   and further research by FAA experts,                  and individual ownership.
      fair and impartial but was a remarkable                  the FAA has made some changes in the                     While not opposing the entire NPRM,
      example of accomplishment through                        final rule. These changes and the                     the National Transportation Safety
      cooperation between industry and                         reasons for each are discussed below                  Board (NTSB) states its concern for any
      government. Eclipse Aviation states that                 under the specific topics.                            part 135 changes in this rulemaking.
      as a manufacturer of an aircraft that will                  In regard to implementation of the                 The NTSB states that it will withhold
      be used extensively in fractional                        final rule, the FAA has set up an                     judgment about the adequacy and
      ownership programs, Eclipse strongly                     implementation team to plan for                       appropriateness of the proposed subpart
      endorses the safety measures provided                    development of guidance material,                     K requirements until it has had the
      to the fractional customer by proposed                   inspector training, inspector                         opportunity to monitor accidents,
      subpart K to part 91. General Aviation                   assignment, and oversight and                         incidents, and other developments
      Manufacturers Association (GAMA)                         surveillance policies. The FAA plans to               related to fractional ownership.
      states that as fractionally owned aircraft               complete these products by the effective                 Some commenters state that the FAA
      programs have already demonstrated                       date of this rule. The FAA is committed               should issue another NPRM before
      their safety and efficiency while                        to working closely with industry to                   issuing a final rule on fractional
      operating under part 91, it strongly                     implement this final rule.                            ownership. Commenters think this is
      supports the new rule. GAMA adds that                                                                          necessary for various reasons, including
      these programs benefit the traveling                     General Opposition                                    the size of the NPRM and the lack of
      public by dramatically increasing their                     Most of the commenters who state                   balance of the FOARC.
      options for air transportation and that                  general opposition to the proposed rule                  FAA Response: The FAA carefully
      the growth of these programs should not                  take the position that fractional                     considered the question of where to
      be hindered.                                             ownership programs are essentially on-                place the rules governing fractional
         Some commenters identified specific                   demand operations that the FAA should                 ownership programs. It studied current
      parts of the proposed rules that they                    regulate under part 135. Generally, these             fractional ownership programs, finding
      believe will be particularly effective.                  commenters believe that the Committee                 that this segment of aviation has a very
      Robert E. Breiling Associates believes                   and the FAA fail to recognize that the                high safety record through compliance
      the proposed landing requirements,                       program manager of a fractional                       with voluntary safety standards that in
      weather criteria for approach and                        ownership program is essentially                      many cases exceed the regulatory
      departure and more realistic night                       promoting on-demand service. In the                   standards. It is the FAA’s goal in this
      operation requirements would give new                    NPRM, the program manager is the                      rulemaking to maintain this safety
      flexibility to part 135 operators. These                 entity that sets up a fractional                      record.
      proposed requirements would not only                     ownership program and that hires an                      In determining the appropriate
      allow them to operate to and from many                   individual to run the program.                        regulatory part for fractional ownership
      other airports and runways previously                       Approximately 28 commenters                        programs, the FAA recognizes that
      not available to them. The proposed                      identify themselves as pilots with                    fractional ownership programs contain
      requirements would also help reduce                      fractional ownership programs, of                     elements of private ownership and use
      traffic at some of the more congested                    whom at least 10 are with EJA. Most of                of a management company that are
      airports. Alpha Flying, Inc. strongly                    the pilots oppose the proposed                        similar to a traditional management
      supports the flight and duty time                        inclusion of fractional ownership in part             company operation under part 91. The


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                        54523

      role of the management company is to                     the NPRM, would result in a substantive               rules. Third, corporate flight
      provide aviation expertise and services                  change to the rules, or identify new                  departments and their trade
      to the owner and the program manager                     issues are being considered for future                organizations that feared negative
      does not hold out to the public to                       rulemaking. The FAA has determined                    consequences for them if the FAA were
      provide air transportation. Fractional                   that it is in the public interest to publish          to choose to regulate fractional operators
      ownership programs differ from the                       a final rule now to establish and                     under part 135. This commenter
      traditional management company model                     maintain a safety standard for fractional             suggests there would have been no
      in the size and complexity of the                        ownership programs.                                   committee consensus without the
      program operations, reducing the                                                                               proposed changes to part 135 that
                                                               Extension of Comment Period
      individual owner’s ability to exercise                                                                         benefited persons currently operating
      operational control. Therefore, the FAA                     Several commenters asked the FAA to                under that part. This commenter also
      determined that the appropriate                          extend the comment period to allow                    questions why a committee set up to
      approach is to regulate fractional                       more time for public input. NTSB stated               address the issue of fractional
      ownership programs under part 91, but                    that the September 11, 2001, events                   ownership would have anything to do
      to define operational control                            have raised public concern about the                  with part 135 operations. Other
      responsibilities and procedures and to                   security of air carrier operations and                commenters make the same point.
      prescribe added safety requirements                      will likely further increase the demand                  NATA states that a notice of public
      appropriate to the size and complexity                   for fractional ownership and the                      meetings was published in the Federal
      of those operations. These standards                     potential for safety issues associated                Register. NATA also states that
      mirror corporate best practices, the                     with expanded operations. The NTSB                    inferences made by some commenters to
      voluntary standards used by existing                     asked for a 90-day extension of time to               this rulemaking about ‘‘backroom’’ deals
      fractional ownership programs, and the                   evaluate the proposed changes and the                 are misleading. The commenter points
      regulatory standards of part 121 and                     related safety issues. The National                   out that such inferences ignore the
      135, as appropriate. In response to the                  Business Aviation Association (NBAA)                  opportunity for public involvement in
      CAA and the French Direction Generale                    and the National Air Transportation                   the process and the presence of DOT
      de l’Aviation Civile comments, the FAA                   Association (NATA) noted that since                   and FAA representatives at all FOARC
      views fractional ownership programs to                   September 11, the Nation, and the                     meetings.
      be private operations and therefore not                  aviation community in particular, have                   FAA Response: The Fractional
      subject to the commercial transport                      directed many resources to restore our                Ownership Aviation Rulemaking
      standards and definition. A U.S. federal                 air transportation system. NBAA and                   Committee was established by an order
      circuit court determined fractional                      NATA requested an extra 30 days to                    issued by the FAA Administrator on
      ownership programs are commercial                        allow all interested parties more time to             October 6, 1999, pursuant to the
      operations for tax purposes. See                         prepare well-developed, thoughtful                    Administrator’s authority under 49
      Executive Jet Aviation, Inc. v. U.S., 125                comments on the proposed regulation.                  U.S.C. 106(p)(5). This section states that
      F.2d 1463 (Fed. Cir. 1997). Tax law does                 An individual sought a nine-month time                ‘‘The Federal Advisory Committee Act
      not govern safety rules. The FAA                         extension to allow the pilots affected by             (5 U.S.C. App.) does not apply to the
      considers fractional ownership                           these proposed changes, but excluded                  Council or such aviation rulemaking
      programs private operations for safety                   from FOARC, to adequately review the                  committees as the Administrator shall
      and operational control purposes.                        safety implications of this NPRM and                  designate.’’ Therefore the activities of
         The changes made to part 135 in this                  suggest changes.                                      the FOARC were not subject to the
      rulemaking are based on a comparison                        FAA Response: In response to the                   requirements of the Federal Advisory
      of current part 135 requirements to part                 commenter requests, the FAA extended                  Committee Act. Nevertheless, the FAA
      91 fractional ownership and corporate                    the comment period to November 16,                    balanced the makeup of the committee
      programs. Part 135 was amended where                     2001 (66 FR 52878, October 18, 2001).                 so that the FAA could learn the various
      safety could be maintained while                                                                               perspectives of persons involved in
      offering an alternative method to                        FOARC’s Membership Balance                            fractional ownership operations and
      achieve the same safety goal. These                        Many commenters state that the                      other segments of the aviation
      procedures and amendments were based                     Committee did not represent all                       community that the proposed
      in part on the best practices and                        potentially interested parties. They                  regulations may affect. This included
      demonstrated safety record of corporate                  specifically mentioned pilots, fractional             part 135 operators, aircraft
      aviation and fractional ownership                        owners, airports and airport community                manufacturers, corporate flight
      programs.                                                interest groups. They also wrote that                 departments, aircraft financing and
         Like the NTSB, the FAA intends to                     publication of a Notice of Proposed                   insurance companies, and industry
      closely monitor both part 91, subpart K,                 Rulemaking by itself did not overcome                 trade associations. About the issue of
      and part 135 operations following the                    the built in bias of the Committee.                   pilot representation, to the FAA’s
      implementation of this rule to identify                    One commenter states that the                       knowledge, only one fractional
      any trends or safety concerns related to                 FOARC was not ‘‘fairly balanced’’ as                  ownership program has union
      the requirements of this rule.                           required by 14 CFR 11.27 and the                      representatives for a portion of its pilots.
         Some commenters encouraged the                        Federal Advisory Committee Act                        Therefore, there is no single, recognized
      FAA to issue a supplemental NPRM.                        (FACA) because pilots did not                         organization that could speak for
      The FAA is issuing a final rule because                  participate in the process.                           fractional ownership pilots across-the-
      the changes made to the rule language                      The Teamsters state that the FOARC                  board. Nevertheless, there were
      are within the scope of what the FAA                     consisted essentially of three groups.                individual pilots on the FOARC,
      proposed in the NPRM. Commenters                         First, fractional providers who feared                representing both fractional ownership
      made many helpful suggestions,                           that they would be regulated under part               programs and part 135 operators.
      including suggested technical edits and                  135. Second, on-demand part 135                          In addition, as described earlier in
      cross-references, some of which the                      operators that see fractional owners as               this preamble, the FAA held a public
      FAA has incorporated into the rule.                      running a similar operation but under                 meeting to invite the views of other
      Comments that are beyond the scope of                    less stringent, and therefore less costly,            interested parties. Finally, the FAA


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      54524           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      published the NPRM and provided a                        commenter does not believe that this                  go to any airport. Again, the FAA can
      public comment period in accordance                      rulemaking qualifies for a ‘‘categorical              only look at the potential impacts on the
      with the Administrative Procedure Act.                   exclusion’’ from the requirements of                  home base airports. It has been
      This comment period allowed all                          NEPA, stating that ‘‘The FAA has an                   determined that management
      interested parties, whether they were                    affirmative obligation to disclose                    specifications will be treated the same
      FOARC members or not, to provide                         adverse environmental impacts that will               as operations specifications for NEPA
      added insight, comments, and                             flow from an agency action.’’                         purposes. Therefore, the same
      suggestions for changes to the proposal.                    NATA submitted a comment in                        principles will apply.
      The FAA received over 230 public                         response to these comments stating that                  On the weather reporting issue, the
      comments and has carefully reviewed                      the FAA was not obligated to do an                    FAA does not expect a significant
      the many views and suggestions                           environmental assessment or prepare an                impact because the number of part 135
      provided in those comments. Therefore,                   environmental impact statement in                     operators who can do this will be
      the FAA does not agree that this                         situations where the FAA is                           limited. The rule applies only if the
      rulemaking suffered from a lack of                       promulgating safety rules that are not                airport has no weather reporting but has
      balance or a lack of opportunity for all                 likely to have a significant impact on                instrument approach procedures, the
      interested parties to express their views.               the environment. The commenter points                 operator is authorized to conduct IFR
                                                               out that the FAA is not responsible for               operations, the weather is instrument
      Environment and Noise                                    the growth of fractional ownership                    meteorological conditions, and the
         Many commenters are concerned                         programs. According to the commenter,                 operator meets the eligible on-demand
      about the environmental and noise                        if the rulemaking results in a greater use            conditions. Therefore the FAA cannot
      impacts of this proposed rule on local                   of small airports, this may have a                    make an estimate of the number of
      airports. Most of these comments                         positive effect because of a more                     operations that would be increased.
      (approximately 60) are from                              efficient allocation of aircraft activity             Fractional ownership programs can
      organizations and individuals in the                     among large and small airports.                       currently operate into airports without
      neighborhood of the Santa Monica, CA,                       FAA Response: The FAA understands                  weather reporting. This rulemaking
      Airport. Commenters from the vicinity                    its obligations under NEPA and takes its              imposes extra restrictions that could
      of Flying Cloud Airport in Minnesota                     responsibilities seriously. The FAA                   limit some operations.
      and East Hampton Airport in New York                     based its determination that this                        The requirements for performance
      also address this issue.                                 rulemaking qualifies for a categorical                planning could potentially increase the
         Most of these commenters state that                   exclusion from the requirement to                     number of airports that part 135
      the FAA must comply with the National                    prepare an Environmental Assessment                   operators could use, but would impose
      Environmental Policy Act (NEPA)                          under NEPA on the instructions in FAA                 limits on some part 91 fractional
      before proceeding to a final rule. An                    Order 1050.1D, Policies and Procedures                operations that can currently use any
      individual asks that the FAA conduct                     for Considering Environmental Impacts.                suitable airport runway. Under the final
      ‘‘an environmental assessment or                         Appendix 4, section 4, lists issuance of              rule, only eligible on-demand operators
      environmental impact statement to fully                  ‘‘regulations, standards, and                         under part 135 would be able to take
      and fairly define and disclose the                       exemptions’’ as one of the categorically              advantage of reduced runway
      environmental impacts that will flow’’                   excluded actions that the FAA’s                       requirements and only under certain
      from the proposed rule. Santa Monica                     Associate Administrator for Regulation                conditions. The changes to the
      Airport, the North Westdale                              and Certification may take. As with                   performance rules will restrict some
      Neighborhood Association, the East                       most of FAA’s operating rules, any                    fractional ownership operations, which
      Hampton Airport Noise Abatement                          environmental impact would come not                   currently have no regulatory limits. The
      Committee (EHANAC), and Friends of                       from issuing the rule, but from                       FAA cannot estimate the number of
      Sunset Park Neighborhood Association                     approving specific operations under the               airports or operations that would be
      believe that the FAA should study the                    rules. For example, Order 1050.1D                     affected, as performance planning
      impact of fractional ownership on                        spells out how the FAA considers                      incorporates many variables and,
      communities and schools that are near                    environmental impacts when issuing                    because of the on-demand nature of
      general aviation airports. Residents of                  operations specifications for part 121                these operations.
      Sunset Park are concerned that altering                  and part 135 operators. The FAA
      the 60 percent rule and creating subpart                                                                       FAA Oversight and Staffing
                                                               normally prepares an environmental
      K will significantly increase the volume                 assessment before issuing operations                    Professional Airways System
      of business jet traffic, bringing with it an             specifications for scheduled operations.              Specialists (PASS) is concerned that the
      increase in air and noise pollution. The                 For on-demand operations, an                          proposed rule would not require the
      Los Angeles Unified School District is                   environmental assessment would not be                 necessary oversight and surveillance by
      concerned about regulatory changes that                  prepared unless the proposed operation                FAA safety inspectors to ensure the
      may increase noise levels and air                        would significantly change the                        level of safety desired. The management
      emissions at several of their schools                    operating environment of the airport                  specifications, training manual and
      underlying the approach to Santa                         that serves as the home base for the                  program managers operating manual
      Monica Airport.                                          operator. NEPA requires the FAA to                    need to be clear and approved by the
         An individual states that relaxing an                 consider the ‘‘foreseeable environmental              Administrator so there is little
      existing limit on runway use and                         impacts’’ of its actions. Therefore it is             controversy on what the program
      requirement for instrument flight rules                  difficult for the FAA to assess impacts               managers, flightcrews, maintenance
      (IFR) destination airport weather                        on destination airports for particular on-            personnel and fractional owners are
      reporting would authorize a whole new                    demand operators, because those                       required to do to ensure compliance
      class of airports to be opened to a new                  destinations are unknown at the time of               with the regulations. Similarly, Style
      class of aircraft. This would increase                   the approval. Similarly, for fractional               Air comments that the FAA currently
      noise and adversely impact the quality                   ownership programs, it would be                       does not have sufficient staff to service
      of the human environment for unknown                     difficult to identify destination airports,           part 135 operators efficiently. This
      numbers of individuals. This                             since fractional owners may choose to                 commenter believes that the addition of


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      trained inspectors should be addressed                      NBAA states that the FAA should                    clearly describing in the rule and in
      before any implementation of new                         account for aircraft ownership                        related guidance materials activities
      regulations, and that specific procedures                mechanisms other than fractional                      under such programs. This commenter
      for FAA oversight and enforcement                        ownership programs in the final rule.                 suggests specific final rule preamble
      should be provided in the new                            NBAA believes that any programs that                  language that would clarify that the
      regulations. An FAA inspector                            do not precisely fall within the                      intent of the rule is not to cover the
      expresses concern over ‘‘how the field                   definition of fractional ownership                    types of operations described by the
      inspection will make a determination as                  should be subject to regulations other                commenter. In contrast, The New Avex,
      to the type of operator he/she is                        than subpart K. An example would be                   Inc., (AVEX) states that the proposal is
      conducting a surveillance on * * *’’                     a company that provides aircraft                      short sighted because it excludes the
         FAA Response: The FAA agrees that                     management services for aircraft that are             opportunity for individuals to share
      the success of these regulations is                      flown solely by the owner. NBAA is                    ownership of light, single-engine
      dependent on the quality of the                          concerned that the qualifications under               turboprops.
      oversight and surveillance provided by                   § 91.1001(b) would inadvertently                         Similarly, NATA and Bombardier
      FAA inspectors and local Flight                          require owner-flown shared aircraft                   Business Jet Solutions, Inc., (Flexjet)
      Standards District Offices (FSDO’s).                     programs that use a management                        understand that some systems of aircraft
      Therefore the FAA has established an                     company to schedule aircraft among                    ownership and use have been created,
      implementation team that is developing                   owners to comply with subpart K, when                 or soon will be created, that involve
      standards and guidance for the use of                    they would be better addressed as flying              only owners that intend to act as the
      both Headquarters and field personnel                    clubs. NBAA provides regulatory                       pilot during the owner’s use of the
      who will be responsible for reviewing                    changes that would further clarify the                aircraft. Some of these programs may
      fractional ownership programs policies                   types of operations subject to subpart K              include elements commonly found in
      and procedures, approving training                       and prevent the inadvertent application               fractional ownership programs, such as
      programs, and issuing management                         of this regulation on other ownership                 multiple owners of an individual
      specifications. The implementation                       and service options such as flying clubs,             aircraft, a single aircraft manager, and a
      team has reviewed staffing levels and                    joint ownerships, time-shares and                     dry-lease pool of multiple aircraft.
      qualification standards for aviation                     traditional aircraft management.                      Although these programs may
      safety inspectors and made                                  Another commenter, the Small                       technically fit the applicability
      recommendations to ensure that                           Aircraft Manufacturers Association                    requirements of subpart K, these
      inspectors have the necessary                            (SAMA), notes that the proposed                       commenters do not believe that such
      knowledge, skills, and abilities to                      subpart K defines a fractional ownership              programs should be subject to subpart
      oversee fractional ownership programs.                   program in a way that would include                   K. According to the commenters, a
      The implementation team is working                       owner-pilot shared ownership programs                 program that consists solely of owners
      with PASS on assessing these staffing                    in which the program manager does not                 that will always be the pilots when they
      needs. In addition, the team is drafting                 offer or provide the flightcrews.                     use their aircraft is likely to appeal to a
      specific guidance for field offices and                  According to the commenter, owner-                    far different owner than would the
      inspectors to provide instructions and                   pilot shared ownership programs that                  fractional ownership programs that were
      criteria for conducting the reviews and                  would technically meet the proposed                   the focus of FOARC’s and FAA’s review.
      approvals required before fractional                     definition of a fractional ownership                  Such a program does not require the
      ownership programs may operate under                     program under § 91.1001(b) did not                    enhanced provisions of subpart K and
      subpart K. The level of oversight and                    exist when the FOARC made its                         would more appropriately be regulated
      surveillance and inspection activities                   recommendations to FAA in early 2000.                 under existing regulations.
      provided to specific companies will be                   The FOARC did not hypothesize their                      SAMA, NATA and Flexjet believe that
      appropriate to the size and complexity                   formation and therefore did not                       the fundamental difference between a
      of the operations being conducted and                    consider their appropriate regulation.                pilot-owner program and fractional
      will be comparable to that provided to                   These owner-pilot shared ownership                    programs as envisioned by subpart K is
      part 135 on-demand operations. The                       programs have since been established,                 that the program manager in a pilot-
      FAA believes that these implementation                   generally providing piston-powered                    owner program is not responsible for
      plans and products fully address the                     single engine airplanes, and currently                providing any pilots. One of these
      concerns expressed by the commenters.                    are appropriately regulated under part                commenters recommends excluding
                                                               91, without reference to subpart F. It                exclusively pilot-owner programs from
      Owner-Piloted Multiple-Owner Aircraft                                                                          subpart K by revising the definition of
                                                               appears that neither the FOARC nor the
      (See also § 91.1001)                                     FAA intended to regulate these                        fractional ownership program
        Several comments focus on how the                      programs under subpart K. According to                management services in proposed
      rule would affect co-ownership                           the commenter, these programs are                     § 91.1001(b)(7). Under this
      arrangements of aircraft by pilots, and                  similar to flying clubs, partnerships and             recommended definition, subpart K
      owner/pilot operation of aircraft.                       management services arrangements, but                 would apply if the manager provided
        Four commenters (Aircraft Owners                       do not exactly match any of these                     even a single pilot to any aircraft owner.
      and Pilots Association (AOPA), GAMA,                     traditional forms of shared aircraft                  However, if one of the owners served as
      Lawyer Pilots Bar Assoc. and NATA),                      ownership.                                            the pilot in all program operations, the
      state that the rule or the preamble                         The goal of this commenter’s                       program would not be subject to subpart
      should clearly distinguish between the                   proposed amendment is to avoid                        K. Another commenter recommends
      multiple owner/pilot and similar                         changing the regulation of owner-pilot                amending § 91.1001(b)(7) to include
      arrangements that would continue to be                   shared ownership programs that are                    ‘‘the offering or provision of flight
      regulated under the existing part 91 and                 permissible today under part 91.                      crews’’ as well as providing related
      those arrangements that would be                         Because these programs provide safety                 guidance material that would apply
      considered fractional ownership                          benefits, the FAA should facilitate the               subpart K only to shared ownership
      programs and be regulated under the                      emergence of these forms of small                     programs where the program manager
      proposed subpart K.                                      aircraft ownership and operation by                   offers or provides the flight crew.


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         Similarly, AOPA states that, while                    Clearly, these safety provisions are                  provision of pilots and other
      there is a presumption that subpart K                    appropriate for true fractional program               crewmembers, etc., and therefore would
      operations include or require a                          operations. The traditional experience,               not be subject to regulation under
      professional flight crew provided by the                 training, testing, proficiency, flight, duty          subpart K.
      program manager, this is not specifically                and rest time provisions, as well as the                The FAA recognizes that some
      stated in the regulation. Therefore,                     other safety related provisions of part 91            entities have marketed or otherwise
      AOPA proposes that a sixth criteria be                   are sufficient for owner-operated                     referred to themselves as ‘‘fractional
      added under § 91.1001(b)(1) to state the                 personal or business flights.                         ownership’’ programs prior to this
      requirement that professional flight                        FAA Response: The FAA agrees that                  rulemaking, but do not meet all of the
      crew services must be provided by the                    the proposed applicability section and                elements of the new regulatory
      program manager. In support of this                      definitions do not adequately delineate               definition. The FAA recommends that
      sixth criteria, AOPA also proposes that                  fractional ownership programs intended                such programs discontinue the use of
      § 91.1001(b)(7) be further defined to                    to be covered by subpart K from other                 the term ‘‘fractional ownership’’ to
      include a provision for a professional                   shared aircraft programs or aircraft                  avoid confusion.
      flight crew. AOPA believes that the                      management programs conducted under
                                                                                                                     Runway Length Required for Landing
      development of subpart K did not                         part 91. These include operations such
                                                                                                                     (§§ 91.1037 and 135.385)
      envision or intend to regulate smaller                   as traditional management companies
      piston powered single- and multi-engine                  providing services to aircraft owners                    GAMA, NATA, Flexjet and an
      aircraft that otherwise meet the five                    absent the dry lease exchange provision               individual support the proposed rule
      criteria of § 91.1001, but do not use                    of subpart K; joint ownership, time-                  changes, stating that they would not
      professional program pilots and that                     share, or interchange operations under                reduce the margin of safety for
      providing a flight crew is an important                  § 91.501; flying clubs; or other shared               operations of fractionally owned aircraft
      distinction between a multiple aircraft                  aircraft ownership options. Each shared               under part 91 or operations under part
      ownership arrangement versus a                           ownership arrangement should be                       135. The proposed runway length
      fractional ownership program.                            reviewed on a case by case basis to                   requirements provide an adequate
         The Lawyer Pilots Bar Association                     determine the appropriate regulatory                  margin of safety for the reasons stated in
      states that the NPRM clearly intends to                  requirements.                                         the NPRM.
      apply to fractional programs in which                       The FAA has amended § 91.1001 to                      Spirit Aviation and NATA support
      paid professional crews are employed to                  more clearly define the elements of                   the change from requiring the airplane
      fly the aircraft. This Association says                  fractional ownership programs and the                 to be capable of landing within 60
      that the NPRM was not intended to                        aviation services provided under those                percent of the available runway length
      apply to limited co-ownership                            programs. This includes the provision,                to 85 percent of the available runway
      arrangements of small aircraft that do                   furnishing, or contracting of crews and               length because of the advancements in
      not involve a management company and                     the training and qualification of crews               technology. Spirit Aviation states that
      in which one or more of the co-owners                    and other personnel, as suggested by                  § 135.385 was promulgated before the
      are commercial-pilots and provide the                    some of the commenters.                               development of pavement standards at
      piloting. According to this commenter,                      The FAA disagrees with comments                    airports and landing strips. In addition,
      the rule is not clear whether pilots may                 that a pilot co-owner should be allowed               the development of aircraft braking and
      participate as owners-pilots in subpart K                to participate in a fractional ownership              other performance systems have made
      fractional programs without being                        program without having to meet the                    the 60 percent factored landing distance
      subject to the increased crew                            additional crew requirements. A                       requirement antiquated and
      requirements while they are piloting                     fractional owner who desires to act as a              unnecessary. As reasons to change the
      their co-owned aircraft for their own                    flight crewmember on a program flight                 requirement from 60 to 85 percent,
      personal and business transportation.                    may do so only if the owner meets the                 NATA also mentions improvements in
      The commenter urges the FAA to make                      pilot experience and qualification                    brake certification, changes in the
      the final rules of subpart K clear so that               requirements of subpart K and is                      method of calculating Aircraft Flight
      a pilot co-owner may participate in a                    designated as a crewmember for that                   Manual (AFM) landing distances, and
      fractional ownership program without                     flight. These pilot requirements are                  changes in landing distance information
      having to meet the additional crew                       necessary to maintain the safety and                  for different runway conditions
      requirements.                                            integrity of the fractional ownership                 contained in the AFM.
         Eclipse Aviation mentions that                        programs and protect the property                        Spirit Aviation and NATA also state
      proposed subpart K sets forth very                       interests of all owners in the program.               that the proposed changes to § 135.385
      specific crew pairing, experience, flight,                  Some of the commenters on this issue               would enable part 135 operators to
      duty and rest time requirements, and                     address a situation in a shared aircraft              better compete with part 91 operators.
      that for the owner-pilot, many of whom                   arrangement where the owners do pilot                 Spirit Aviation, a part 135 operator,
      will be qualified to conduct single-pilot                their own aircraft and may use                        comments that the proposed changes
      operations, the crew pairing                             management services for scheduling and                would enable it to more effectively serve
      requirements of proposed § 91.1055 are                   maintaining the aircraft or providing                 its clientele, as well as compete fairly
      unnecessary. Further, for the single-                    occasional pilot services such as flight              with part 91 competitors. This operator
      pilot operator, or one who chooses to                    instruction. These types of programs                  argues that the experience of its pilots,
      utilize a second in command (SIC),                       might more appropriately fit the                      as well as the quality of its training is
      either by insurance or regulatory                        definition of a flying club or other                  equal if not superior to that of the
      necessity, or simply for the sake of                     ownership option not subject to this                  corporate aviation community. Spirit
      added safety, the experience, training                   rule. Likewise, traditional management                Aviation claims that all aviation safety
      and testing, proficiency, flight, duty,                  companies and other management                        data covering the previous decade show
      and rest time provisions of proposed                     arrangements may not meet all of the                  that accident rates under part 91 and
      §§ 91.1053, 91.1057, 91.1059, 91.1063,                   definitional elements of a fractional                 part 135 have been nearly identical.
      91.1065, 91.1069, 91.1081, and other                     program under subpart K, i.e., dry lease                 NATA, a FOARC member, (as well as
      related sections are overly burdensome.                  aircraft exchange arrangement,                        Flexjet) supports the justification


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                       54527

      provided in the preamble for the                         reversers installed might require pilots              the noise abatement requirements will
      proposed change in runway length. This                   to land at the minimum allowed by                     be allowed to fly over nearby homes and
      commenter states that the proposed 85                    regulation. If air taxi operators want to             businesses, stretching the parameters of
      percent runway length dispatch rule                      land on such runways, this commenter                  safety to the limit.
      provides a comfortable safety margin for                 suggests that they have the aircraft                     PASS, an EJA pilot, and an individual
      91 subpart K operations and much                         manufacturers include reverse thrust in               mention the existence of several
      needed relief from a redundant and                       the AFM landing data as long as such                  overruns while using a 60 percent
      unnecessary restriction for eligible part                data can comply with the provisions in                margin as a reason to oppose the change
      135 on-demand operators.                                 14 CFR 25.125. These provisions state                 to an 85 percent margin. One individual
         NBAA and New World Jet                                that aircraft manufacturers may use                   commenter states that currently several
      Corporation (NWJ) support the 85                         reverse thrust to calculate landing data              fractional operators utilize part 135
      percent margin, but only under certain                   if ‘‘[reverse thrust] is safe and reliable;           landing requirements (60 percent). To
      conditions. NBAA, a FOARC member,                        is used so that consistent results can be             the best of this commenter’s knowledge,
      supports the proposal as an available                    expected in service; and is such that                 each of the fractional operators and
      planning option only under optimum                       exceptional skill is not required to                  many part 135 operators have had
      conditions for both fractional aircraft                  control the airplane.’’                               overrun incidents utilizing the current
      ownership operations and for qualified                      The commenter also offers the                      60 percent rule. Based upon this history,
      commercial on-demand operations                          following example: ‘‘* * * when I land                the commenter does not believe it is
      conducted under part 135.                                at KHXD I can typically stop the Cessna               wise to further reduce the safety
         NWJ notes that daylight operations,                   Citation Excel I fly in 2400 feet using               margins for required runway lengths.
      an experienced crew, and glide slope                     reverse thrust. The AFM data indicates                   An EJA pilot states that regardless of
      guidance on the landing runway are                       that the landing distance should have                 FOARC’s assumptions of pilot
      examples of conditions meriting the 85                   been 3090 feet.’’ The commenter                       techniques and brake wear, there are
      percent runway margin. To maintain an                    attributes the difference to the use of               pilots who fly the airplane at speeds
      even playing field and level of risk,                    reverse thrust because he duplicated all              above VREF (which is the designated
      specific guidance should be provided to                  other conditions that the AFM specifies.              landing approach speed) across the
      the FSDO Inspectors on how to qualify                       Two neighborhood associations,
                                                                                                                     landing threshold with worn brakes.
      operators according to these conditions.                 EHANAC and Friends of Sunset Park
                                                                                                                     This causes a dramatic increase in
      This commenter believes that without                     Neighborhood Assoc., submitted
                                                                                                                     landing distances, well beyond that
      such conditions some operators may be                    comments stating that they oppose the
                                                                                                                     recommended by the FOARC. The
      too aggressive when applying this rule.                  proposed 85 percent rule for part 135
         The Teamsters quote from the NPRM,                                                                          commenter concludes that there is not
                                                               operations because they believe it will
      ‘‘Aviation safety data indicate that the                                                                       enough safety margin available using
                                                               create a grave safety hazard at East
      landing accident rates under part 91 and                 Hampton Airport, which does not have                  the 85 percent rule and recommends
      part 135 during the previous twelve-                     runway safety areas.                                  that the 60 percent rule be applied to
      year period were nearly identical.’’ The                    Similar concerns were raised by other              fractional operators.
      commenter asserts that the NPRM in                       commenters. North Westdale                               A pilot states that while he can fully
      effect provides no justification for                     Neighborhood Association and Santa                    appreciate the evidence presented by
      changing the 60 percent rule, arguing                    Monica Airport worried about the                      the FOARC committee for changing the
      that the quoted data, if true, argues more               impact of increased traffic at the Santa              ‘‘60 percent rule’’ to 85 percent, he has
      for the safety record of part 91 operators               Monica airport and other similar small                serious reservations about allowing a
      than of part 135 operators.                              airports if the proposed changes to part              reduction below 85 percent as proposed
         One commenter states that the                         135 are imposed. These commenters                     §§ 135.23(r) and 135.385(g) would
      FOARC’s proposed change to runway                        state that the reduction of the landing               allow. The commenter believes that
      length does not respect the existing                     runway length required under the 60                   even with the stipulated Destination
      industry best practices regarding the use                percent runway rule will increase access              Airport Analysis procedures, the human
      of thrust reversers. An Aircraft Flight                  by part 135 business aircraft to                      factor for error will remain and is not
      Manual (AFM) typically determines                        thousands of additional airports and                  quantifiable. Recent part 121 accidents
      landing distance without the use of                      increase the weight/size capacity of                  show that landing accidents still happen
      thrust reversers. An operator under                      existing aircraft at many general                     under what is supposed to be more
      current part 91, attempting to meet                      aviation airports.                                    stringent regulations. The commenter
      minimum compliance, could land                              One commenter states that the                      states, ‘‘Let’s not deny our passengers,
      within 85 percent of the effective                       proposed 85 percent rule would carry a                whether he/she is a charter customer or
      runway without thrust reversers                          great risk because it would allow large               fractional owner, the extra margin of
      installed or with the thrust reversers                   jets to land at airports where homes and              safety that 15 percent affords.’’
      deferred in accordance with an MEL.                      businesses, including gas stations, are                  Executive Jet Aviation, Inc., (EJA)
      But this would not be in accordance                      only 100 feet from the runway. Another                states that the proposed rule needs to be
      with the best practices of the fractional                commenter states that this broad change               clarified to ensure that while the
      program industry. According to the                       in the regulation is being proposed                   Destination Airport Analysis program
      commenter, a reputable fractional                        without considering the environmental                 contained in the operations manual
      program operator would never think of                    impact or the opinions of the general                 must be approved, the operations
      dispatching a pilot into a runway with                   public. For example, Santa Monica                     manual itself does not require approval
      only a 15 percent margin of error                        Airport (SMO) has a runway with no                    in that it is an accepted document.
      without operable thrust reversers.                       safety areas and the runway is no more                Additionally, EJA states that the method
      However, the proposed rule would                         than 5,000 feet long. Under the                       of approval (operations specifications)
      allow this under subpart K of part 91                    proposed change, larger jets requiring                should be indicated.
      and under part 135. The commenter                        more runway length will now be                           Kaiser Air, Inc. suggests that § 135.385
      states that several on demand air taxi                   allowed to land. Even though the airport              (f) (1) and (2) be amended to use
      operators that do not have thrust                        has noise restrictions, any jets that meet            consistent terminology (for example,


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      54528           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      ‘‘still air’’ vs. ‘‘probable wind’’ and                             under the 85 percent standard if the                                    requirements used to determine the
      ‘‘most favorable’’ vs. ‘‘most suitable.’’)                          operator prepares an approved                                           landing distances provided in Airplane
         FAA Response: The FAA has studied                                Destination Airport Analysis.                                           Flight Manuals. These factors include
      the discussion in the NPRM preamble,                                   The FAA has determined that the                                      steady-state variables that are not
      the comments received on proposed                                   arguments presented in the NPRM                                         required to be taken into account in the
      § 91.1037 and the proposed changes to                               preamble for reducing the current part                                  landing distances determined under
      § 135.385, the background of the runway                             135 safety margins indicate a                                           part 25, differences in operational
      limitations for various types of                                    misconception regarding the basis and                                   procedures and techniques used in
      operations, and the relationship                                    evolution of the current landing
                                                                                                                                                  actual operations from those used in
      between the performance rules in the                                distance requirements. The landing
                                                                                                                                                  determining the part 25 landing
      certification standards and the landing                             distance margin requirements contained
      and takeoff requirements in the                                     in the operating rules applicable to large                              distances, non steady-state variables,
      operating rules. Based on this review,                              transport category airplanes are                                        and differences in the conditions
      the FAA has decided to modify the                                   intended to take into account those                                     forecast at dispatch and those existing at
      proposed 85 percent requirement and to                              items that are not included or are not                                  the time of landing. Examples of each of
      withdraw the proposal to allow a higher                             fully addressed in the part 25 airplane                                 these categories include:
      takeoff weight than would be permitted                              type certification landing distance

              Steady-state variables                         Non steady-state variables                              Actual operations vs. flight test               Actual vs. forecast conditions

      Runway slope ................................     Wind gusts/turbulence ..................                   Flare technique .............................   Runway or direction      (affecting
                                                                                                                                                                     slope).
      Temperature ..................................    Flight path deviations ...................                 Time to activate deceleration de-               Airplane weight.
                                                                                                                      vices.
      Runway surface condition (dry,                    .......................................................    Flight path angle ...........................   Approach speed.
        wet, icy, texture).
      Brake/tire condition ........................     .......................................................    Rate of descent at touchdown .....              Environmental conditions (for ex-
                                                                                                                                                                     ample, temperature, wind, pres-
                                                                                                                                                                     sure altitude).
      Speed additives .............................     .......................................................    Approach/touchdown speed .........              Engine failure.
      Crosswinds ....................................   .......................................................    Height at threshold
                                                                                                                   Speed control.



         Although this is not intended to be an                           conditions (for example, crosswinds,                                    skill is not required to control the
      exhaustive list of variables to be                                  gusts), the safety margins must allow for                               airplane. Nevertheless, the FAA has not
      considered, any program to reduce the                               variations in these parameters. Lastly,                                 found thrust reversers reliable enough to
      current landing distance margins, for                               the procedures and techniques used in                                   allow landing distances to be based on
      example, through the use of a                                       flight tests of transport category                                      their use. This policy provides some
      Destination Airport Analysis, should                                airplanes to determine AFM landing                                      additional safety margin for airplanes
      address at least these items, and should                            distances differ from those used                                        with reversers that are operable and
      be substantiated by actual operational                              operationally (notwithstanding the                                      used in combination with (not in lieu
      landing data.                                                       requirement in § 25.101(f) that states                                  of) maximum braking from wheel brakes
         No evidence exists to show that the                              that ‘‘changes in the airplane’s                                        and spoilers. If the FAA were to allow
      current landing distance margin                                     configuration, speed, power, and thrust,                                the use of reverse thrust as a condition
      required by § 135.385 was established to                            must be made in accordance with                                         for using, for example, an 85 percent
      compensate for deficiencies in                                      procedures established * * * for                                        factor for calculating landing distances,
      predicting landing performance in the                               operation in service’’). The flight tests to                            the result would be to assign an
      1930’s and 1940’s that have since been                              determine landing distances under                                       arbitrary performance capability to
      rectified. One of the primary difficulties                          § 25.125 are generally treated as                                       reverse thrust, which may or may not be
      in establishing a safe landing distance                             demonstrations of the maximum                                           met by different airplane/engine/reverse
      margin, both now and at the time the                                performance (i.e., minimum landing                                      thrust combinations. Also, it would be
      landing distance limitations were                                   distance) that can possibly be obtained                                 inconsistent with the treatment of
      originally developed, is that it depends                            within the constraints of the                                           reverse thrust by the FAA for airplane
      on forecasting the landing conditions at                            certification requirements. Especially                                  type certification purposes, which has
      the time of dispatch. The landing                                   for large transport category airplanes,                                 not allowed landing distances to be
      conditions must be forecast at the time                             but also for many smaller transport                                     based on the use of reverse thrust.
      of dispatch because the landing distance                            category airplanes, the landing distance                                   In regard to the NPRM discussion of
      limitation is applied as a limitation on                            safety margins required by parts 121 and                                improved airplane certification
      the allowable takeoff weight at the time                            135 are relied upon to provide realistic                                guidelines, many of the guidelines
      of dispatch such that a safe landing can                            landing distances for use in the                                        referenced as improvements either date
      be made at either the destination or                                operating environment.                                                  back to the era when the 60 percent rule
      alternate airport. Safety margins are                                  FAA policy does not permit                                           was implemented or were put in place
      necessary to allow for differences                                  consideration of the effect of thrust                                   to limit the use of potentially hazardous
      between the conditions forecast at the                              reverse in calculating landing distances.                               flight test techniques to demonstrate
      time of dispatch and the conditions                                 Part 25 allows means other than wheel                                   short landing distances. For example,
      existing at the time of landing.                                    brakes to be taken into account if that                                 the limitations on approach angles and
         In addition, since the actual landing                            means is safe and reliable, is used so                                  touchdown rates of descent were
      distance achieved depends on pilot                                  that consistent results can be expected                                 instituted in response to the steep
      technique and environmental                                         in service, and is such that exceptional                                approaches and hard landings used to


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                                            54529

      obtain shorter landing distances.                             for all part 25 airplanes, independent of                           no less than 3 ft/sec, a glideslope of no
      Although that type of flight test                             size or intended type of operation.                                 less than 2 degrees, or a speed no more
      demonstration of maximum                                         The claim that improvements in                                   than about 10 percent higher than the
      performance is no longer considered                           certification guidelines have reduced                               designated approach speed. In this case,
      acceptable, the methods of determining                        the need for the current part 135 (or part                          the 60 percent margin would be entirely
      the resulting landing distance                                121) safety margin is incorrect. The                                used up for a rate of descent at
      parameters used to calculate the AFM                          current certification guidelines for                                touchdown of 4 ft/sec, a glideslope of
      landing distances still result in the same                    transport category airplanes were                                   2.5 degrees, and an approach speed 5
      distances as had been obtained with that                      established assuming the use of the 60                              knots higher than the no wind approach
      type of demonstration. Therefore,                             percent rule, which ensures a margin of                             speed, all of which may be reasonably
      although the risk in flight testing has                       safety consistent with the number of                                expected to occur in operational
      been reduced and any further                                  variables and the degree of variation                               landings.
                                                                    that might occur in actual operations.                                 A table similar to that shown in the
      deterioration in safety margin
                                                                    For example, in certification of one large                          NPRM, but highlighting issues that may
      prevented, landing distances atypical of
                                                                    transport category airplane, data showed                            result in longer landing distances,
      actual operations are still being                             that the safety margin would only allow                             illustrates the necessity of an adequate
      achieved under part 25. This holds true                       for either a rate of sink at touchdown of                           operational safety margin:

                       Certification criteria                                     Operational consideration                                       Effect on safety margin

      3.5 degree glideslope angle ...............................   2.5 to 3 degrees typical ...................................        Actual landing distance will be   longer than
                                                                                                                                          calculated landing distance.
      8 ft/sec touchdown rate of descent ....................       2 to 4 ft/sec typical ...........................................   Actual landing distance will be   longer than
                                                                                                                                          calculated landing distance.
      Assumes all approach speed additives bled off                 5 to 10 knots exceedances not uncommon ....                         Actual landing distance will be   longer than
        before reaching the 50 foot height.                                                                                               calculated landing distance.
                                                                    Longer flare distance (‘‘float’’) ..........................        Actual landing distance will be   longer than
                                                                                                                                          calculated landing distance.
                                                                    Less than full braking effort .............................         Actual landing distance will be   longer than
                                                                                                                                          calculated landing distance.
                                                                    Delays in obtaining full braking configuration ..                   Actual landing distance will be   longer than
                                                                                                                                          calculated landing distance.
                                                                    Higher temperatures not accounted for (tem-                         Actual landing distance will be   longer than
                                                                      perature accountability not required).                              calculated landing distance.
                                                                    Downhill runway slope not accounted for (run-                       Actual landing distance will be   longer than
                                                                      way slope accountability not required.                              calculated distance.distance
                                                                    Icy, slippery, or contaminated runway surface                       Actual landing distance will be   longer than
                                                                                                                                          calculated distance.
                                                                    Airplane heavier at time of landing than pre-                       Actual landing distance will be   longer than
                                                                      dicted at time of dispatch.                                         calculated distance.
                                                                    Airplane higher than 50 feet over the thresh-                       Actual landing distance will be   longer than
                                                                      old.                                                                calculated distance.
                                                                    Airport pressure altitude higher than predicted                     Actual landing distance will be   longer than
                                                                      at time of dispatch.                                                calculated distance.



         The NPRM preamble states that if the                       landing phase involved part 91                                      margin, the Lear 24 needs a landing
      60 percent requirement were necessary                         operations, while 26.2 percent involved                             distance of 3,100 feet at the conditions
      for part 91 operations, business jets                         part 135 operations. Accident/incident                              present in the accident. If the 60 percent
      operated under part 91 should have a                          rates cannot be inferred directly from                              rule were applied, a landing distance of
      higher rate of runway overshoot events                        this information, however, as the                                   5,167 feet would have been required.
      than on-demand operators have under                           number of operations conducted under                                  As a result of the accident, the NTSB
      part 135. The preamble states that such                       these respective operating rules is not                             recommended that the FAA issue an
      a difference has not been observed, and                       known. Additional problems in trying to                             operations bulletin directing general
      that landing accident rates under part 91                     draw conclusions from generalized                                   aviation safety inspectors and accident
      and part 135 have been nearly identical                       accident statistics like these are that: (1)                        prevention specialists to urge operators
      during the previous 12-years. The                             Many part 91 operators apply part 135                               of transport category airplanes to use
      preamble cites a report prepared by                           landing distance margins even though                                safety margins consistent with those
      Robert E. Breiling Associates of Boca                         they are not required to do so by                                   required by part 135, or at least a margin
      Raton, Florida. The report concludes, ‘‘it                    regulation, and (2) most operations are                             consistent with the performance of the
      would appear that the 40 percent safety                       conducted on runways that are longer                                emergency brake system on the airplane.
      factor in present use for FAR 135 is                          than the minimum length necessary to                                The FAA responded to the Board’s
      excessive. A factor based on actual                           comply with the landing distance                                    safety recommendation by issuing
      aircraft performance on contaminated                          limitations.                                                        Operations Bulletin 86–2, which
      runways with the inclusion of a 10                              In 1985, there was a fatal landing                                described the above accident and
      percent to 20 percent safety factor                           overrun of a Lear 24, operating under                               directed general aviation safety
      would be more appropriate.’’ However,                         part 91, at Catalina Airport on Santa                               inspectors and accident prevention
      a closer look at the Breiling report                          Catalina Island, Avalon, California. The                            specialists to take actions in accordance
      reveals that 73.8 percent of all business                     runway length at Catalina Airport is                                with the Board’s recommendation. (This
      jet accidents/incidents occurring in the                      3,240 feet long. Without any safety                                 information appears in the current issue


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      54530           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      of the General Aviation Safety                           level provided by the current 60 percent              fractional ownership operators are
      Inspector’s Handbook, Order 8700.1                       in part 135 and codifies for fractional               considered to be commercial rather than
      Change 9, as Paragraph 19 in Volume 2.)                  ownership programs the FAA’s                          non-commercial operations.
         The NPRM notes that a reduced                         recommendation in Operations Bulletin                    Many of the negative comments on
      margin would allow a substantial                         86–2 that general aviation operators of               the issue of operational control,
      expansion of opportunities for on-                       transport category airplanes use safety               including those by PASS, cite practical
      demand operators, particularly at                        margins consistent with those required                and technical reasons why fractional
      airports with a single short runway. The                 by part 135.                                          owners cannot be considered to have
      FAA does not believe that the effect                        3. The final rule modifies the 85                  operational control. Examples are:
      would be as large as the NPRM suggests.                  percent proposal. Fractional ownership                   1. The International Brotherhood of
      Although it depends on the specific                      program managers under subpart K of                   Teamsters, AFL–CIO (IBT) states that
      airplane’s performance capabilities, the                 part 91 and eligible on-demand                        ‘‘most fractional owners know little
      takeoff distance requirements are                        operators under part 135 may apply for                about the aircraft, of which they own a
      usually more limiting than the landing                   approval to plan for a full stop landing              part, and they comprehend even less the
      distance requirements, even under the                    at the intended destination airport                   responsibilities and accountability
      ‘‘60 percent rule.’’ For operations                      within 80 percent of the effective length             associated with aircraft airworthiness,
      predicated on the use of a single                        of the runway if the program manager or               safety of flight issues, or the knowledge
      runway, a reduction in the landing                       certificate holder has an approved                    and accountability associated with the
      distance required would not ensure the                   Destination Airport Analysis in its                   release of or the redirection of a flight
      viability of an operation into an airport.               operating manual. The rule further                    for operational or safety reasons.’’
      The airplane may not be able to make                     modifies the alternate airport                           2. Jet Sales & Services, Inc. states ‘‘In
      a subsequent takeoff, or the allowable                   requirement and provides an 80 percent                                         ¨
                                                                                                                     the real world, it is naıve to think that
      takeoff weight may be significantly                      planning requirement at the alternate                 under any circumstances the owner of
      below the weight at which the airplane                   airport. The Destination Airport                      the fractional share has operational
      landed. For example, in the case of the                  Analysis would establish additional                   control other than the scheduling of his
      accident at Catalina Island noted                        runway safety margins to be applied                   or her itinerary. In most cases, that
      previously, if the airplane had landed                   when the planned landing weight                       fractional participant has never even
      safely, it would not have been able to                   would use more than 60 percent, but                   seen the aircraft that they own or lease.’’
      take off again at the same weight                        less than 80 percent, of the effective                   3. The CAA states ‘‘it seems to us that,
      because it would have needed a longer                    runway length, and would be based on                  in practice, the fractional owner will
      takeoff distance than was available.                     analysis of such factors as pilot                     have little or no involvement in the
      Generally, unless the purpose of the                     qualifications and experience, airplane               operation other than selecting a
      flight was to drop off payload, the                      performance data, airport facilities and              competent fractional ownership
      allowable takeoff weight will need to be                 topography, runway conditions, airport                program manager.’’
      higher than the weight at which the                      or area weather reporting, appropriate                   4. Style Air states that aircraft owners
      airplane landed due to the need to load                  additional runway safety margins, if                  who operate under part 91 ‘‘are usually
      additional fuel for the return trip.                     required, or any other criteria that may              familiar with who crews and maintains
         Based on its consideration of the                     affect airplane performance. The                      their airplanes’’ and that often these
      above issues, the FAA has made                           Analysis must be approved by the                      owners ‘‘are involved with the decision
      changes in the final rule that maintain                  Administrator, not just ‘‘accepted,’’ and             making process for acquisition, budgets,
      the level of safety provided by the                      the operation must be authorized in the               equipment procurement, and employee
      current 60 percent rule, while providing                 management specifications or                          issues.’’ Style Air states that ‘‘The
      operators an alternative for seeking                     operations specifications, as applicable.             fractional owner generally has no
      approval to use a higher percentage                                                                            interest in the specifics of aircraft
      under certain conditions that maintain                   Operational Control                                   management,’’ and that ‘‘The benefit of
      the level of safety deemed appropriate                      Ten of the comments on the issue of                the fractional program is to relieve the
      for these types of operations. The                       operational control question the                      aircraft owner of these responsibilities.’’
      changes are as follows:                                  concept, set out in proposed §§ 91.1009                  5. The Teamsters state that ‘‘the most
         1. The FAA withdraws the proposal to                  though 91.1013, that a fractional owner               telling of all parts of a fractional owner’s
      allow a landing distance in excess of 85                 is in operational control of an aircraft              lack of the most basic operational
      percent of the effective runway length if                being operated in a fractional ownership              control resides in the management
      appropriate planning, documented in an                   program. These commenters question                    agreements’’ and that the ‘‘so-called
      approved Destination Airport Analysis,                   the NPRM concept of fractional owner                  owner of an aircraft in the program
      shows no compromise of safety. The                       operational control from a legal,                     cannot even sell ‘his’ share of ‘his’
      FAA has determined that planning for                     practical, or technical viewpoint, or                 aircraft to anyone without permission of
      landing distances in excess of 85                        from some combination of these                        the program manager.’’
      percent of the effective runway length                   viewpoints. Since a significant number                   FAA Response: Fractional ownership
      would not provide an adequate margin                     of comments, many from individual                     is based on models of traditional aircraft
      of safety.                                               dispatchers, focus on the need to have                management or corporate aviation in
         2. The final rule requires that both                  qualified dispatchers as part of the                  which an owner directly or indirectly
      fractional ownership programs under                      operational control team, we have                     employs an individual or entity to
      subpart K of part 91 and operations                      treated the dispatch issue separately in              provide aviation expertise and services.
      conducted under part 135 must, for                       the following section.                                It is also based on principles of shared
      planning purposes, show that a turbine                      In questioning the legal basis for                 aircraft operations defined in part 91. In
      engine powered large transport category                  asserting that a fractional owner has                 these models the owner may or may not
      airplane is able make a full stop landing                operational control, the Teamsters cite a             have the aviation expertise to conduct
      at the intended destination airport                      Federal court decision (Executive Jet                 the operation, but retains the
      within 60 percent of the effective length                Aviation, Inc. v. The United States) that             operational control responsibility to
      of the runway. This maintains the safety                 held that for certain tax purposes                    ensure the operation is conducted


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                        54531

      within the scope and context of the                        Based on the comments, the FAA                      existing fractional ownership programs
      regulations. The size and complexity of                  amended the operational control                       have led to the best safety record of any
      the program, the number of owners, and                   sections to clarify operational control               segment of aviation.
      elements such as the dry lease aircraft                  responsibilities and delegation of task                  FAA Response: The FAA agrees with
      exchange and aircraft and crew                           performance. See the discussion below                 the commenters that aircraft dispatchers
      positioning that are unique to fractional                under §§ 91.1003 and 91.1009–91.1013.                 provide benefits with respect to safety
      ownership programs limit the ability of                  Aircraft Dispatchers                                  and efficiency. The FAA also supports
      an individual owner to direct the                                                                              the use of aircraft dispatchers in
      operation. Therefore, elements and                          The Airline Dispatchers Federation                 fractional ownership programs as a
      conduct of the program must be                           (ADF), Teamsters, and at least 30                     program option and safety benefit.
      established and agreed to by the owners                  individual dispatchers state that a full              However, the final rule does not apply
      and implemented by regulatory                            aircraft dispatching system, as required              a mandatory requirement for certificated
      requirements and contractual                             under part 121, is needed to ensure                   aircraft dispatchers in subpart K.
      agreement. Further, the FAA is defining                  adequate operational control.                         Certificated aircraft dispatchers and
      operational control responsibilities and                    One individual commenter states that
                                                                                                                     dispatch systems are currently required
      safety standards appropriate to these                    Executive Jet, the ‘‘founder’’ firm of
                                                                                                                     for part 121 domestic and flag
      operations that enable an owner to                       fractional ownership, has, in the interest
                                                                                                                     operations. They are not required for
      effectively exercise operational control.                of the highest level of safety, instituted
                                                                                                                     any operation under part 91, part 135,
                                                               a dispatch and flight following system.
         The FAA disagrees with the CAA                                                                              or for supplemental operations under
                                                               This commenter included a list of
      comment that the fractional owner will                                                                         part 121.
                                                               operational control considerations (for
      have little or no involvement other than                 example continuing weather evaluation,                   The final rule requires a flight
      selecting a competent fractional                         appropriate aircraft performance                      locating system in § 91.1029 of subpart
      ownership program manager. An                            computations) that warrant requiring a                K, comparable to that required in
      individual or a corporation has many                     qualified dispatcher.                                 § 135.79. Section 91.1029 further
      options to meet their transportation                        ADF believes that the NPRM’s greatest              requires a system for scheduling and
      needs. This could include airlines,                      fault concerns operational control,                   releasing program aircraft. The size and
      charter, their own flight department or                  defined by the FAA as the authority                   complexity of the operation will dictate
      aircraft, fractional ownership, or others.               over initiating, conducting, and                      the level of sophistication and adequacy
      Each option has benefits and                             terminating a flight. Although many                   of the system. In addition § 91.1049(e)
      limitations, including costs, operational                years of operating experience has shown               requires that the program manager
      control responsibilities, flexibility, risk              that the safest aviation operations utilize           ensure that trained and qualified
      levels, liability, and other factors. These              positive operational control through the              scheduling or flight release personnel
      criteria are weighed against the                         joint responsibility of the Aircraft                  are on duty to schedule and release
      individual’s operational needs to make                   Dispatcher and Pilot-in-Command (PIC),                program aircraft during all hours that
      business decisions about which form or                   this NPRM does not require this type of               such aircraft are available for program
      forms of air travel best meet their                      operational control. As an example,                   operations. The FAA recognizes that
      requirements.                                            perhaps one of the most important                     some companies have employed
         Once a person makes a decision to                     Federal Aviation Regulations governing                certificated aircraft dispatchers to
      enter into a fractional ownership                        airline operations is § 121.601(c), which             accomplish these duties, however the
      program as a transportation option, he                   requires the aircraft dispatcher, during              final rule allows the flexibility for the
      or she then makes decisions as to the                    flight, to provide the PIC any additional             program manager to determine the
      aircraft type, management company,                       information that may affect the safety of             qualification of the scheduling or
      program elements, safety compliance,                     the flight. This NPRM does not require                release personnel as appropriate to the
      and size of share to meet their                          this in-flight monitoring/                            aircraft, size and complexity of the
      individual travel needs. Moreover,                       communication for Fractional                          operation, and the geographical area
      fractional owners may use their own                      Operators.                                            served. In all cases the program must
      flight crew, provided they meet the                         NBAA opposes the mandatory use of                  provide adequate procedures for
      requirements of the program and this                     FAA-certified dispatchers for fractional              locating each flight, if a flight plan is not
      rule. The fractional owner has the                       aircraft ownership programs. NATA                     filed.
      ultimate responsibility to ensure the                    states that commenters who recommend                  Night Currency (§§ 61.57 and 135.247)
      safety of the operation and compliance                   aircraft dispatchers in fractional
      with the rules. This regulation specifies                ownership programs are not considering                   Seven commenters (two individuals,
      the program requirements and assigns                     the safety record of these programs or                NBAA, NATA, Flexjet, Kaiser Air Inc.,
      responsibilities for these requirements.                 the burden dispatcher requirements                    and General Motors Air Transportation
      Owners have a responsibility not only to                 would place on small businesses                       Section (GM)) that address the proposed
      choose a program and a program                           entering the market.                                  changes to these sections generally
      manager, but also to ensure that the                        According to Alpha Flying, Inc.,                   support the proposed changes. Kaiser
      tasks are completed in accordance with                   dispatcher certification would be an                  questions whether the words ‘‘requires
      the regulations and the contractual                      unfair burden on fractional programs                  more than one pilot’’ relates to type
      agreements. The owners have a right to                   which already would be required to                    design requirements or operating rule
      inspect and audit the records of program                 comply with requirements far beyond                   requirements. An individual commenter
      manager pertaining to the operational                    existing part 91 and even some part 119/              suggests that the ‘‘preceding six
      safety of the program and regulatory                     135 requirements. The FAA dispatcher                  months’’ requirement be changed to
      compliance. Enforcement of violations                    exam also bears no relevance to today’s               ‘‘seven months’’ to cover the possibility
      of the regulations could penalize the                    business and private aircraft                         that a pilot might, under § 135.297, take
      fractional owner, the program manager,                   management practices, especially those                a check ride one grace month early and
      or both, depending on the nature of the                  of fractional ownership. It should be                 the following check ride one grace
      violation.                                               noted here, again, that the practices of              month late.


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      54532           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

         FAA Response: In response to                          recommends that any new security                      International law forbids the operation
      operator safety concerns, the FAA                        mandates for part 135 on-demand                       of an aircraft outside the U.S. without
      amended § 61.57(e) on April 30, 1999, to                 charter operations apply to operations                an official registration certificate, so a
      provide an alternate means of                            covered under proposed subpart K.                     temporary certificate would not be
      compliance for meeting FAA’s night                          With the focus on safeguarding                     acceptable. Fractional owners who wish
      currency requirement. This alternative                   commercial carriers, many experts                     to travel outside the U.S. must be aware
      allows operators to maintain currency                    believe that private charter and                      of this obligation and ensure that the
      by using both the aircraft and part 142                  corporate aircraft are now more                       aircraft being used for such a flight is
      approved training programs.                              vulnerable than ever at small airports                properly registered. There are private
         The applicability of the alternative is               that have virtually no security. Small                businesses located in Oklahoma City
      unclear, however, because in order to                    airports lack measures like security                  that assist those who need to obtain a
      qualify for the alternate means of                       fences, lights or guards; there is no                 new aircraft certificate because of a
      compliance, a pilot must ‘‘operate more                  security to guard parked planes; small                change in ownership. These services are
      than one type of aircraft.’’ Under this                  planes could be stolen and loaded with                often used when there are changes in
      definition, operators are uncertain how                  dangerous chemicals; small planes can                 ownership of aircraft operated by part
      to determine if a pilot ‘‘operates’’ more                also skim treetops and avoid radar                    119 certificate holders.
      than one type of aircraft.                               detection. Yet the FAA wants to
         The change to § 61.57(e) in this final                increase business operations at small                 FAA: Voluntary Disclosure Reporting
      rule clarifies the existing alternative and              airports with these new rule changes.                 Program
      provides a second alternate means of                     Several other commenters also raise the                  NATA and Flexjet recommend that
      compliance for pilots of turbine-                        security issue.                                       the FAA amend AC No. 00–58 to clarify
      powered aircraft that require more than                     NATA does not think that this                      that the FAA’s voluntary disclosure
      one pilot and that meet additional                       rulemaking is the appropriate situation               program ‘‘applies to fractional
      experience requirements. The first                       for discussing security issues.                       ownership program managers to the
      alternative allows pilots to maintain                    According to the commenter, there                     same extent that it applies to certificate
      night currency through the performance                   needs to be an industry-wide,                         holders, indirect air carriers, foreign air
      of three takeoffs and landings to a full                 comprehensive examination of security                 carriers, and production approval
      stop over a 6-month period. The second                   issues.                                               holders.’’
      alternative allows pilots to maintain                       FAA Response: No new security                         FAA Response: The FAA is
      night currency through the performance                   requirements were proposed in the                     considering changes to Advisory
      of 6 takeoffs and landings to a full stop                NPRM and no security requirements                     Circular 00–58, but any revision will not
      in a simulator training program                          have been added to the final rule,                    occur until after the publication of this
      approved under part 142 of this chapter.                 because that would be outside the scope               final rule. This topic will also be
      The FAA believes these alternatives                      of this rulemaking. However, the FAA is               addressed in the fractional ownership
      provide an equivalent level of safety for                working with the Transportation                       implementation planning.
      night flying operations and that because                 Security Administration, aviation
                                                                                                                     Illegal Commercial Use
      of the similar nature of operations and                  associations, and airports to improve
      aircraft used, pilots used for on-demand                 security procedures for general aviation                 Marc Fruchter Aviation states that an
      part 135 operations also should be                       and in the areas of airports that serve               issue not adequately addressed by the
      allowed to maintain night recency of                     general aviation. Any new security                    NPRM is the issue of share owners using
      experience using this alternate means of                 requirements that would apply to                      their shares to provide illegal
      compliance.                                              fractional ownership programs would be                commercial aircraft travel for others.
         In response to the question about the                 issued by the Transportation Security                 Fruchter Aviation suggests two
      meaning of ‘‘requires more than one                      Administration.                                       additions to the rule language to address
      pilot,’’ the FAA has changed the final                                                                         this problem. First, all solicitations for
                                                               International Operations                              share purchases should be mandated to
      rule to clarify that the requirements of
      §§ 61.57(e)(3) and 135.247(a)(3) apply to                  NATA and Flexjet describe a problem                 contain exact definitions of and explicit
      airplanes that are type certificated for                 concerning international operations                   warnings about the legal and economic
      more than one pilot crewmember and to                    under fractional ownership when there                 consequences of illegal commercial use
      pilots qualifying in each airplane type.                 has been a change in ownership                        of fractional share flights and the
         The FAA has not changed the time                      requiring changes in aircraft                         possibility of a forfeiture of insurance
      frame for the ‘‘preceding six month’’                    registration. Because current rules                   coverage should be detailed as well.
      requirement to ‘‘preceding seven                         prohibit operations outside the United                Second, the rules should be
      months’’ because the grace period                        States under a ‘‘pink slip’’ (temporary               strengthened to spell out penalties
      requirement (§ 135.301(a)) does not                      registration), these commenters                       against the share owner and fractional
      apply to requirements tied to a                          recommend that a more formal                          provider should this activity occur.
      preceding number of months.                              temporary registration system be                      Significant penalties against both
                                                               established that would allow                          entities would go far to deter this
      Security                                                 international flight. This system could               practice.
        NBAA, AOPA and several individual                      use aircraft registration designees who                  FAA Response: The FAA agrees there
      pilots point out that while FOARC and                    could function in a manner similar to                 is a potential for illegal commercial use
      therefore the NPRM did not address                       Designated International                              of aircraft being operated under
      security issues, this rule should make                   Representatives and Designated                        fractional ownership programs. Section
      recommendations concerning potential                     Examiners.                                            91.1005 addresses this issue. In the final
      security measures that might be adopted                    FAA Response: The FAA does not                      rule we have retitled the section from
      in the wake of September 11, 2001.                       agree that the registration function of               ‘‘Owner’s use of program aircraft’’ to
      NBAA recommends caution and                              the Aircraft Registry in Oklahoma City                ‘‘Prohibitions and limitations’’ and
      restraint in the deployment of new                       can be delegated to non-governmental                  amended the text to more clearly state
      security regulations. AOPA                               persons as is done in other areas.                    that a fractional owner may not use a


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      program aircraft to provide                              definition and that such an exception                    The Teamsters state that the unstated
      transportation to others for                             should be done by exemption. The                      reason for amending part 135 is to let
      compensation or hire. In addition, we                    commenter believes that the change will               part 135 charter operators ‘‘compete’’
      have added a new paragraph (c) to                        jeopardize lives because any survivors                with the fractional providers. Part 135
      § 91.1005 addressing the sale or                         of a ditching would have no means of                  operators have traditionally been held to
      sublease of an aircraft interest by either               surviving in the water until they are                 a higher standard of safety than a
      a program manager or fractional owner.                   rescued.                                              private aircraft operator. According to
      This paragraph would make it clear that                     Two commenters support the                         this commenter, the reduction in safety
      if the sale or sublease of an aircraft                   amendments, but want stipulations or                  from the change in part 135 is solely to
      interest would result in less than the                   clarifications based on the type of                   reach a deal with charter industry
      minimum aircraft interest prescribed in                  engine. One of these commenters would                 groups. The commenter states that no
      § 91.1001(b)(10), then subpart K does                    change ‘‘turbine-powered aircraft’’ to                data support any changes to § 135.167.
      not apply. Flights conducted for                         ‘‘turbine-powered multiengine aircraft.’’                PASS does not see a reason for having
      associated reduced share sizes are                       Since there are pressurized single                    these special rules regarding aircraft
      required to be conducted under part 121                  engine turbine-powered aircraft in                    under subpart K. This commenter
      or part 135, as appropriate, by a part 119               fractional programs, the commenter                    believes that the part 91 rules that are
      certificate holder.                                      hopes that FOARC and the FAA did not                  in effect should stand; however, if the
         Further, the FAA added a new                          intend to allow single engine turbine-                rule needs to be changed, then the entire
      paragraph (c) to § 91.1001 to clarify that               powered aircraft to operate without                   rule should be changed, not just the part
      the rules of subpart K apply to persons                  appropriate survival equipment. An                    that applies to subpart K.
      who engage in programs meeting the                       engine failure above flight level (FL) 250               Kaiser Air, Inc. strongly supports the
      new definitions of this subpart without                  in a multiengine turbine-powered                      change to § 135.167(d) but notes that the
      first obtaining management                               aircraft yields a very different result               rule does not contain the statement in
      specifications under subpart K.                          than in a single engine aircraft. This                the proposed rule preamble that a
         Any penalties for non-compliance                      commenter believes that allowing the                  deviation below 25,000 feet is allowed
      with this rule and all other FAA rules                   exception for single engine turbine-                  in the interest of safety.
      are explained in 14 CFR part 13, subpart                                                                          FAA Response: The FAA agrees with
                                                               powered aircraft would not provide an
      C, Legal Enforcement Actions. In                                                                               the safety concerns of these
                                                               appropriate level of safety.
      addition, we note that any unlawful                                                                            commenters. In the final rule, the FAA
                                                                  Four commenters oppose both                        has included language in §§ 91.509(c)
      commercial operations may also be
                                                               amendments for safety reasons. Two of                 and 135.167(a) similar to that in
      subject to enforcement action by the
                                                               these commenters, an individual and an                § 121.339 that allows the FAA to amend
      Office of the Secretary for violations
                                                               EJA Pilot, state that the recent case                 management specifications or
      associated with its economic licensing
                                                               where an Airbus A330 had a dual                       operations specifications, as applicable,
      requirements. (See 49 U.S.C. 46101 and
                                                               engine flameout over the Atlantic Ocean               to require the carriage of any or all over-
      46301.) Further, § 91.1013 requires each
                                                               because of fuel problems is a perfect                 water emergency equipment or to allow
      owner to sign an acknowledgment of the
                                                               example why this equipment should be                  a fractional ownership program or on-
      fractional owner’s operational control
                                                               on every over-water aircraft.                         demand operation to request a deviation
      responsibilities, including compliance
      with management specifications and                          An EJA Pilot, one of the opposing                  for a particular over water operation.
      applicable regulations and penalties for                 commenters, states that it would                      Commenters are correct that only
      non-compliance.                                          decrease safety to allow flights beyond               turbine-powered multi-engine airplanes
                                                               50 nautical miles or 30 minutes flight                would qualify. The proposed rule was
      Over-water Operations (§§ 91.509 and                     time (whichever is greater), before                   not intended to apply to helicopters; the
      135.167)                                                 requiring safety devices. This                        use of the word ‘‘aircraft’’ instead of
         Several comments were received on                     commenter recommends the FAA                          ‘‘airplane’’ in the proposed rule was in
      the proposal to revise part 91 and part                  require over-water survival equipment                 error. The specific airplane types for
      135 equipment requirements for over-                     for all flights beyond 50 nautical miles              which an operator requests exception
      water operations.                                        from the shoreline.                                   would need to have a reliability
         NATA, Flexjet, and a flight operations                   NATA points out that the proposed                  program under which the operator is
      manager state that they support the                      rule does not revise the current                      able to demonstrate and ensure the
      revision because the proven reliability                  requirement to carry a life preserver for             reliability of the airplane engines. Other
      of turbine engines shows that there                      each occupant.                                        conditions and limitations would be
      would be no compromise of safety.                           Two individual commenters believe                  imposed on the operator to ensure that
         Columbia Helicopters supports the                     that 30 minutes over water without                    safety and survivability are maintained.
      provisions for part 91 because of the                    safety equipment is too much time. If                 The FAA will develop guidance for
      altitude requirement, but not for part                   the plane was on fire or had other                    fractional ownership programs and part
      135. According to the commenter, the                     reasons for an immediate landing, the                 135 operations based on the guidance
      current part 135 provisions are for                      lack of a life raft could be fatal. With the          for part 121 operations in the Air
      ‘‘extended over-water operations,’’                      addition of ‘‘whichever is greater,’’ jet             Transportation Operations Inspectors
      which is defined in 14 CFR part 1. (The                  aircraft traveling in excess of 500 knots             Handbook (Order 8400.10, Volume 3,
      definition in part 1 for ‘‘extended over-                could be 250 nautical miles or greater                Paragraph 87).
      water operations’’ for aircraft other than               out to sea. This exceeds the distance                    In addition, the FAA has researched
      helicopters is more than 50 nautical                     that rapid response search and rescue                 the relevant regulatory provisions and
      miles from the nearest shoreline; for                    helicopters or rescue equipment could                 has reviewed relevant rules applicable
      helicopters it is more than 50 nautical                  realistically be expected to deploy for               to current air carrier operations. This
      miles from the nearest shoreline or from                 search and rescue efforts. One of these               research reveals that the ‘‘whichever is
      an offshore heliport structure.) The                     commenters also states that the limit                 more’’ language is inconsistent with the
      commenter states that the revision                       should be the same for all operators/                 FAA’s past interpretation of the relevant
      would make an exception to the part 1                    types of operations.                                  regulations. Therefore, the final rule


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      includes the words ‘‘whichever is less’’                 Fractional ownership operations                       Management specifications and other
      in § 91.509(b) to clarify that under the                 currently have no weather reporting                   guidance will provide the weather
      current rule the phrase ‘‘within 30                      requirements at the destination airport.              reporting requirements and other
      minutes flying time or 100 nautical                      This final rule provides a safety benefit             criteria for determining visibility in
      miles’’ means whichever is the closest                   by requiring weather reporting at the                 conducting takeoffs in these conditions.
      to shore.                                                destination airport or requiring that an                Kaiser Air is correct that a change in
        In response to the comment about                       alternate airport with weather reporting              takeoff minimums for part 135
      deviations in the interest of safety, it is              be designated. Also a current local                   operations was not proposed. Since this
      not necessary to include that language                   altimeter setting must be available for               was not proposed in the NPRM, a
      in this rule because § 91.3(b) allows a                  both airports.                                        change to part 135 takeoff minimums
      pilot to deviate from any FAA rule to                       Current § 135.225(a) prohibits                     and weather reporting requirements for
      the extent required to meet an in-flight                 initiation of an instrument approach at               takeoff is beyond the scope of this
      emergency requiring immediate action.                    a destination airport unless that airport             rulemaking.
                                                               has a weather reporting facility on the
      IFR Takeoff, Approach and Landing                                                                              Drug and Alcohol Testing Programs
                                                               field. The final rule provides an
      Minimums (§§ 91.1039 and 135.225)                                                                              (§§ 91.1047, 135.251 and 135.255)
                                                               alternative means of compliance for
         NATA and Flexjet fully support the                    eligible part 135 on-demand operators to                 PASS, NWJ, Aviation Charter
      proposed alternative means of                            initiate an instrument approach at a                  Services, and an individual believe that
      complying with the destination airport                   destination airport that does not have                § 91.1047 individuals need to be on an
      weather reporting facility requirements                  weather reporting facilities. The on-                 FAA approved drug program (which
      under part 135 and the proposal to                       demand operator must designate an                     includes testing), not just receive drug
      apply the same requirements and                          alternate airport with weather reporting              education training. PASS states that the
      alternatives in part 91, subpart K.                      facilities, have a current local altimeter            testing and training should be
         The Teamsters, a fractional pilot, and                setting for both airports, and meet                   documented and that a current list
      an individual question the safety of                     additional crew qualification and
      allowing operations into airports that do                                                                      would be made available to the
                                                               pairing requirements.                                 Administrator. NWJ and the individual
      not have on-site weather reporting                          The FAA believes that technologies
      facilities. These commenters believe                                                                           state that not requiring a Federally
                                                               and aviation weather services have                    mandated testing program will result in
      that this proposed change would reduce                   improved and been implemented to
      the level of safety now provided by                                                                            inconsistencies and a lack of
                                                               support this alternative. Further, this               standardization among fractional
      § 135.225 and establish an inadequate                    provides a safety benefit by allowing an
      level of safety for fractional owner                                                                           operations, as well as among the
                                                               operator to plan and conduct a                        maintenance vendors that support them.
      operations.                                              stabilized instrument approach to an
         A flight operations manager states that                                                                     These commenters believe that
                                                               airport.
      as proposed, every time a part 135 or                                                                          § 91.1047(c)(3) does not provide enough
                                                                  The FAA disagrees with the
      fractional program flight was to depart                  commenter who states that an alternate                clarification or consistency to properly
      for an airport without weather reporting,                airport must be designated regardless of              enforce the spirit of the proposed
      an alternate airport must be designated                  current or forecast weather, and that                 regulation.
      regardless of the current or forecast                    operators would need to carry                            NWJ and the individual commenter
      weather. The commenter states that this                  additional fuel, even if the weather was              praise FOARC and the FAA for
      in many cases would require an aircraft                  VMC. This final rule provides an                      providing part 135 operators with relief
      to make unnecessary fuel stops to                        alternative means to enable an operator               from drug and alcohol testing under the
      assume instrument flight rules (IFR) fuel                to plan and conduct a flight under IFR                provisions of §§ 135.251(c) and
      reserves even if the weather were VMC                    to a destination airport that does not                135.255(c).
      (visual meteorological conditions). The                  have weather reporting and to initiate                   Two other commenters object to the
      commenter suggests specific language                     and conduct an instrument approach at                 proposed relaxation for emergency
      that in effect would tie the requirement                 that airport. It does not prohibit an                 maintenance situations under part 135.
      more specifically to the forecast weather                operator from conducting a flight to that             One of the commenters states that
      at a facility within 25 NM of the                        airport under VFR. Designation of an                  allowing for the use of maintenance
      destination airport.                                     alternate airport is not required if the              personnel not currently covered by a
         Kaiser Air questions the practicality                 approach can be conducted under VFR.                  DOT drug and alcohol program to
      of a PIC’s ensuring that the required                    Section 135.213 allows the pilot to make              perform ‘‘emergency maintenance’’ on
      ‘‘visibility is maintainable for the entire              a determination of weather conditions                 fractional aircraft when there are no
      length of the runway’’ as is required by                 for operations under VFR, based on the                available maintenance personnel could
      proposed § 91.1039(e). This commenter                    pilot’s own observations.                             be open to interpretation by the FAA
      also states that § 135.225(h) should state                  The FAA agrees in part with Kaiser                 and could lead an operator down the
      specifically what sections in part 91 are                Air on the practicality of having the                 wrong path.
      being referenced. Furthermore, Kaiser                    pilot determine, as provided in                          PASS believes that there should be a
      Air states that there is no apparent                     § 91.1039(e), that the ‘‘visibility is                procedure to re-inspect an aircraft at its
      change to part 135 that specifically gives               maintained for the entire length of the               next destination after emergency
      a level playing field with part 91                       runway.’’ For low visibility operations               maintenance has been performed and
      subpart K regarding take-off minimums                    there may be additional criteria, such as             that passengers should not be carried
      found in § 91.1039(d) and (e). Kaiser                    runway lighting or markings, required                 on-board the aircraft until the
      believes part 135 should get relief for                  for these operations. The FAA has                     emergency maintenance has been
      take-off minimums.                                       amended the regulatory language to                    inspected by a qualified mechanic.
         FAA Response: The FAA disagrees                       impose a takeoff limit of 600 feet for                   EJA and Flexjet suggest changing
      with commenters that question the                        fractional ownership program                          ‘‘program’’ in the title of § 91.1047 to
      safety of operations into airports                       operations, without specifying the                    ‘‘education’’ to avoid confusion because
      without weather reporting facilities.                    method for determining the visibility.                ‘‘program’’ was used in the title of the


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      section but ‘‘education’’ appears within                    FAA Response: The FAA has                          of the total hours associated with the
      the section.                                             determined that legislative authority is              fractional owner’s share of ownership. A
         FAA Response: By statute, the FAA is                  needed to provide appeal rights for                   joint ownership arrangement is
      obligated to impose the drug and                         fractional ownership program managers.                incompatible with the definitional
      alcohol testing programs on air carriers.                Therefore, the proposed changes to                    elements of a fractional ownership
      The requirements are located in                          § 13.19 have not been included in the                 program prescribed in § 91.1001(b)(5).
      appendices I and J of part 121 and apply                 final rule, pending receipt of such                   An interchange arrangement is
      to air carriers under parts 121 and 135.                 authority.                                            permissible provided the fractional
      No such statutory obligation exists for                                                                        ownership program contracts permit a
      part 91 operations. Therefore, although                  Part 91, Subpart A, Truth-in-Leasing
                                                                                                                     fractional owner to enter into an
      the FAA encourages fractional                            Clause
                                                                                                                     interchange agreement with a party
      ownership programs and other                                NATA and Flexjet state that proposed               outside the fractional ownership
      corporate aviation organizations to                      §§ 91.1009, 91.1011, 91.1013, 91.1014                 program.
      consider establishing drug and alcohol                   and 91.1015(a)(1) would make
      testing programs, those programs would                   compliance with § 91.23 duplicative                   Part 91, Subpart K
      be separate and apart from the Federally                 and unduly burdensome for program                     Section 91.1001 Applicability
      mandated testing programs. In that                       managers and fractional owners. Since
      regard, the company testing programs                     § 91.23 already exempts leases of                     Citizenship
      may not use the forms that are required                  aircraft to a certificate holder under part              One individual commenter questions
      for the Federally mandated testing                       121, 125, 135 or 141, NATA                            the constitutionality of not requiring a
      programs to document their testing.                      recommends amending § 91.23(b) to add                 fractional owner to be a citizen as
      These forms are the Federal Drug                         an exception for leases under a                       required by § 119.33 for people
      Testing Custody and Control Form and                     fractional ownership program.                         certificated under part 119.
      the U.S. Department of Transportation                       FAA Response: The FAA disagrees                       FAA Response: FAA regulations and
      (DOT) Alcohol Testing Form. Drug and                     that §§ 91.1009 through 91.1015                       aviation law make a distinction between
      alcohol testing programs that are not                    adequately address the same content                   the citizenship requirements for
      part of the Federally mandated systems                   that is specified in § 91.23. Therefore,              registered owners of aircraft versus
      must develop their own forms.                            the FAA is not amending § 91.23 to                    certificated air carriers or commercial
         In any case, with or without a drug                   except fractional ownership programs.                 operators. Part 119 requires that
      and alcohol testing program, all pilots                                                                        applicants for certificates to operate
                                                               Part 91, Subpart F                                    under part 121 or 135 must be U.S.
      must comply with § 91.17, which
      prohibits a person from acting or                           PASS believes that there should be                 citizens. It is the FAA’s determination
      attempting to act as a crewmember of an                  specific delineations about the use of                in this rule that a fractional ownership
      aircraft while under the influence of                    subpart K aircraft in part 121 or 135                 program is not an air carrier or
      drugs or alcohol.                                        programs. PASS expands on this                        commercial operation and that the
         The relief provided to part 135                       statement in its comment on proposed                  program manager is not an operator
      operations under §§ 135.251(c) and                       §§ 91.1009(b)(2) and 91.1035(c) where it              subject to part 119. Therefore the
      135.255(c) is based on a practical                       states its belief that fractional aircraft            citizenship requirements of part 119 do
      consideration. There have been times                     should not be used for operating under                not apply to these programs or to the
      when it has been difficult to locate                     parts 121 and 135. PASS states that the               program manager.
      maintenance personnel who are covered                    ‘‘only way for FAA to effectively and                    For aircraft owners, part 47 contains
      by a DOT drug and alcohol program.                       efficiently provide clear guidance and                the requirements on citizenship for
      However, the FAA agrees with PASS                        oversight is by ensuring separate rules               registration purposes. A foreign citizen
      that there should be a follow-up                         for each type of operation.’’                         may be an owner of a U.S. registered
      inspection of any emergency                                 FAA Response: It is not a unique                   aircraft if he or she is a resident alien.
      maintenance performed under the                          situation for aircraft at different times to          Section 47.9 contains specific rules for
      authority of these sections. The FAA has                 be operated under different rules.                    corporations that are not U.S. citizens.
      determined that the appropriate timing                   Currently, an aircraft can serve multiple             As long as they comply with the part 47
      for this inspection should be the next                   operational uses, including flight                    rules, fractional owners may be foreign
      time the aircraft is at a location where                 instruction, aircraft rental, or air carrier          citizens.
      a person who is qualified under                          operations. In all cases each operation
                                                               must be conducted in accordance with                  Two Pilot Crews
      §§ 135.251(c) and 135.255(c) is
      available. Sections 91.1047(d),                          the rules applicable to that operation.                  GAMA states that when the FOARC
      135.251(c), and 135.255(c) have been                     Therefore an aircraft that is used in a               was considering this NPRM, aircraft
      changed in the final rule to require the                 fractional ownership program under                    certificated under part 23 were not part
      reinspection.                                            subpart K could also be used by a part                of fractional ownership programs (as
                                                               119 certificate holder in an air carrier              defined by the NPRM). However, safe
      Certificate and Management                               operation provided the operator or                    and efficient operations of part 23
      Specifications Action (§ 13.19)                          owner meets the regulatory                            aircraft are feasible under fractional
         The six commenters (an individual, a                  requirements for that operation.                      programs, and FAA should make
      flight operations manager, New World                        The final rule includes a clarifying               allowances for them to operate under
      Jet/EJA, NATA, and Flexjet) who                          change in § 91.501(b)(10). The change                 the proposed part 91, subpart K.
      address this proposed section agree that                 makes it clearer that a fractional owner              However, part 23 aircraft, including
      holders of management specifications                     may not use a joint ownership                         some turbofans, are typically
      should have appeal rights comparable to                  arrangement specified in § 91.501(b)(6)               certificated to fly safely with a single
      those available to certificate holders                   and that, if entering into an interchange             pilot. GAMA therefore recommends that
      under current § 13.19. Several                           agreement under paragraph (b)(6), the                 two pilots should not be required for
      commenters state that FAA should seek                    exchange of equal time for the operation              part 23 aircraft to qualify for part 91,
      legislative authority if necessary.                      must be properly accounted for as part                subpart K operations.


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         FAA Response: With respect to                         individuals designated for                            fractional ownership interest not
      aircraft certificated under part 23, FAA                 accountability within a program. Instead              meeting the minimum requirement of an
      believes that the deviation authority                    of designating specific positions,                    interest equal to, or greater than, one-
      provided in § 91.1049 is adequate to                     program managers will be asked to                     sixteenth of a subsonic, fixed-wing
      cover situations where a two-pilot crew                  identify individuals that the FAA can                 aircraft or one-thirty-second of a
      is not necessary.                                        contact on specific issues, such as                   rotorcraft aircraft. EJA suggests that the
                                                               operations and maintenance, and who                   final rule should specify that any system
      Management Specifications
                                                               are authorized to sign the management                 of aircraft exchange which meets the
         NATA and Flexjet state their belief                   specifications. However, if a fractional              definition of ‘‘fractional ownership
      that the FOARC intended that all                         ownership program manager elects to                   program’’ in all respects except that one
      fractional programs would be required                    maintain program aircraft using a                     or more of the fractional owners possess
      to operate under part 91, subpart K,                     continuous airworthiness maintenance                  less than a ‘‘minimum fractional
      unless they elect to obtain certification                program (CAMP), the position of                       ownership interest’’ will be required to
      under part 119. The commenters’                          Director of Maintenance would be                      conduct program operations for such
      concern is that the proposed rule                        required (See § 91.1413(b)(1)).                       owners under appropriate air carrier
      language would not cover a person who                                                                          regulations rather than under subpart K.
      is actually operating as a fractional                    Minimum Fractional Ownership Share                       FAA Response: The FAA has
      owner but who does not apply for                            PASS believes that § 91.1001(b)(4)                 determined that the minimum share
      management specifications. The                           should be changed so that the                         requirement is adequate to define an
      commenters recommend the addition of                     requirement for 1⁄16th share minimum                  ownership interest and the addition of
      a new § 91.1002 that would contain                       ownership includes a monetary cost for                a monetary cost does not add any value.
      language clearly stating that the rules of               the fractional aircraft along with the                   In response to the comments about
      subpart K apply ‘‘to a person who                        minimum share requirement. For                        lease arrangements, the FAA considers
      engages in any operation governed by                     instance, an aircraft valued at over 2                a long-term lease to be equivalent to an
      this subpart without appropriate                         million dollars could be a 1⁄16th                     ownership interest. Therefore, leasing is
      management specifications.’’                             minimum share but an aircraft under 2                 allowed under subpart K. Any lease or
         FAA Response: FAA agrees with                         million dollars should be 1⁄8th share as              sublease arrangement may not be
      NATA and Flexjet that the intent of the                  a minimum. This would help prevent                    smaller than the minimum 1⁄16th share
      NPRM was for all persons conducting                      the possibility of a program manager                  requirement.
      fractional ownership operations to be                    selling many shares of a 1973 Cessna                     The FAA agrees with the suggestion
      subject to subpart K unless they elect to                172 at low cost shares, circumventing                 by EJA that the regulation should
      obtain certification under part 119.                     the meaning of the fractional ownership               explain the ramifications of a fractional
      Therefore, a new paragraph (c) has been                  program and actually conducting low                   operation not meeting the minimum
      added to § 91.1001 to make it clear that                 fee air charter operations without a part             interest requirements. The regulation
      the subpart applies to any person who                    135 air charter operating certificate.                has been modified to add § 91.1005(c) to
      engages in a fractional ownership                        Additionally, under the proposed                      make it clear that fractional ownership
      operation as described and defined in                    definition a person could purchase a                  programs with more than 16 owners per
      § 91.1001.                                               1⁄17th share and not be under the                     aircraft, including sublease shares that
                                                               umbrella of fractional ownership. PASS                result in an ownership interest smaller
      Program Manager
                                                               does not believe this was the FAA’s                   than 1⁄16th, must be operated by a part
         NWJ and an individual believe that                    intent.                                               119 certificate holder under part 135 or
      under § 91.1001(b)(8) an individual or                      Jet Sales & Services, Inc. objects to the          121, as applicable.
      individuals should be specifically                       proposed concept of ‘‘minimum
      designated for accountability within the                 fractional ownership interest’’ when                  Two or More Aircraft
      fractional operator’s management                         there are many other ways to control an                  NATA and Flexjet support the
      specifications, not just the entity. This                asset in the dynamic U.S. business                    requirement for two or more airworthy
      would be similar to the part 119                         environment other than ownership,                     aircraft as an essential element of a
      requirements for required personnel that                 such as exclusive lease arrangements                  fractional ownership program. However,
      apply to on-demand part 135                              which should be given the same                        a bona fide fractional aircraft program,
      operations. The commenters believe                       constructive treatment as ownership. Jet              especially a new entrant, might only
      that, at a minimum, an individual                        Sales states that an on-demand air                    have two aircraft in the program. While
      designated as ‘‘Program Manager’’,                       charter certificate holder can lease                  this satisfies the requirement of the rule,
      ‘‘Director of Operations’’, and ‘‘Director               aircraft and, in fact, that aircraft may              there may be times when one of the
      of Maintenance’’ should be required                      have joint uses such as serving as                    program aircraft is temporarily
      positions within the fractional                          private and/or corporate aircraft                     unairworthy because of mechanical
      operators’ management specifications.                    transportation. Also, scheduled airlines              failure or required maintenance or
      PASS also believes that it will be                       lease aircraft as well as other assets. Jet           inspection. Such brief and routine
      necessary to identify a Director of                      Sales believes that lease arrangements                occurrences should not affect the ability
      Maintenance (DOM), with qualifications                   must be allowed in fractional programs.               of the program to continue to operate
      determined by the Administrator that                        Aviation Charter Services expresses                under subpart K. NATA and Flexjet
      are based on the size, scope and                         concern that subleasing arrangements by               recommend that the FAA make this
      complexity of the fractional ownership                   a share owner would violate the 1⁄16th                clear in the Final Rule.
      program. The DOM would be the focal                      requirement and that if subleasing of a                  FAA Response: The FAA does not
      point for all correspondence and                         share is allowed, the person subleasing               believe that a rule change is necessary
      questions between the FSDO and the                       should have to hold an operating                      since this kind of intermittent
      program management company                               certificate and follow part 135                       occurrence is in the course of normal
      concerning maintenance related issues.                   regulations.                                          business and would not be considered
         FAA Response: The FAA recognizes a                       EJA believes that the final rule should            a violation of the two airworthy aircraft
      need for management personnel and                        clarify the regulatory ramifications of a             requirement. It is expected that an


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      aircraft would be temporarily out of                     program managers and there should be                  for aircraft with less than 10 seats, EJA
      service for maintenance or repair.                       no revisiting of the issue without good               believes it is unlikely that the FAA
      Further, because of aircraft sales or                    cause.                                                intends for part 91, subpart K to require
      other factors, there may be short periods                   The Teamsters disagree with the                    maintenance manuals for all aircraft.
      when the two aircraft requirement                        proposal to allow ‘‘affiliates’’ to be part             FAA Response: The FAA agrees with
      cannot be met. A key element of a                        of the ‘‘interchange agreement’’ where                the EJA comment, and has deleted the
      fractional ownership program is the dry                  an individual who purchases a share of                reference to a maintenance manual.
      lease exchange provision that will                       an aircraft operated by a specific
                                                                                                                     Section 91.1003 Management Contract
      mandate that two or more aircraft be                     program manager can now be ‘‘sold off’’
                                                               to an affiliate while maintaining the                 Between Owner and Program Manager
      available in the long term.
                                                               same rights and benefits as if he was in                 EJA suggests clarifying language for
      Dry Leasing                                              the original program manager’s                        paragraphs (b) and (c) of this section
         An individual states that                             operation. The commenter believes that                that would replace the phrase ‘‘program
      § 91.1002(b)(2) and (b)(7), discussing                   there is no guarantee of proportional                 log books and maintenance records’’
      dry lease requirements without crew                      and equal aircraft use between owners,                with the phrase ‘‘log books and
      members and fractional ownership                         or that an affiliate aircraft is even a               maintenance records maintained by the
      program management services                              fractionally owned aircraft. In response              program manager.’’
      requirements to provide aircraft, crews,                 to the FAA’s request for comments on                     Flexjet recommends deletion of either
      maintenance, crew training and record                    this issue, the Teamsters state that this             paragraph (b) or (c) of this section
      keeping, are hard to understand and                      concept would not ensure that owners                  because they are duplicative.
      appear to be in conflict with each other.                have legal possession, custody, and use                  NBAA recommends that paragraph (d)
         FAA Response: The arrangements                        of an affiliate aircraft. The Teamsters               of this section be deleted because this
      described in § 91.1001(b)(2) and (b)(7)                  believe that, under the proposal, if a                commenter believes that the ‘‘FAA must
      ((b)(8) in final rule) are distinct and                  part 135 on-demand charter company                    retain full, unrestricted access to every
      different, but they are not in conflict                  became an affiliate, it would not have to             aircraft owner of U.S.-registered aircraft,
      with each other. The dry lease                           comply with part 135 regulations when                 regardless of contractual arrangements
      arrangement described in                                 chartering out one of its aircraft to a               designed for efficiency * * *’’ At the
      § 91.1001(b)(2) is an agreement among                    fractional owner.                                     same time, NBAA recommends that ‘‘in
      fractional owners that allows them to                       FAA Response: For an affiliate                     the development of inspector guidance
      use aircraft owned by other fractional                   relationship to exist, the parties must be            and additional preamble mentioned,
      owners within the same program. The                      part of the same umbrella company and                 that the FAA, under ordinary
      dry lease exchange provision facilitates                 the relationship would have to be                     circumstances but at its sole discretion,
      the use of the owners’ aircraft. The                     identified in the management                          communicate primarily with the
      program manager does not provide the                     specifications. The 40 percent holding                fractional program manager on issues
      aircraft, rather the program manager’s                   of equity and voting power is presumed                related to program aircraft.’’
      role is to schedule the aircraft from                    to be an adequate controlling interest to                FAA Response: The FAA agrees with
      within the dry lease exchange pool and                   define an affiliate. Any affiliates will be           this suggestion that the phrase ‘‘program
      to provide other aviation expertise and                  identified in the management                          log books and maintenance records’’
      services to the owners, as described in                  specifications and will be referenced in              should be replaced with the phrase ‘‘log
      renumbered paragraph (b)(8).                             contractual and lease documents among                 books and maintenance records
                                                               the owners and the program manager.                   maintained by the program manager.’’
      Affiliate Fractional Ownership Program
                                                               These management specifications and                   This change appears in the final rule
         PASS believes that an affiliate                       guidance are reviewed by FAA national                 language. In addition the FAA has
      fractional ownership program, as                         and regional headquarters.                            combined paragraphs (b) and (c) into
      provided in § 91.1001(b)(6)(ii), should                     The comment that an on-demand                      one paragraph (b) that addresses both
      not be allowed because there would not                   operation under part 135 could become                 the right to inspect and the right to
      be effective controls for FAA oversight                  an affiliate to circumvent the part 135               audit. The FAA has also removed the
      and surveillance. FAA inspectors could                   requirements and operate under subpart                word ‘‘solely’’ from proposed paragraph
      not schedule inspections and                             K is not a correct assumption. An                     (d) and has redesignated the paragraph
      surveillance efficiently. Additionally,                  affiliate represents a business or                    as paragraph (c). Also, to clarify the
      PASS believes it would be very                           corporate organizational structure and                FAA’s relationship with the fractional
      confusing in determining operational                     does not define the operational                       owner, a new paragraph (d) has been
      control of program aircraft between                      requirements. Each affiliate program                  added to state that the contract must
      affiliate program management                             will need to be reviewed on a case by                 acknowledge the FAA’s right to contact
      companies.                                               case basis to determine if it meets the               the owner directly, should it choose to
         NATA and Flexjet believe that the                     applicability of this subpart.                        do so.
      decision about whether program
      managers are affiliated should be made                   Program Manual                                        Section 91.1007 Advance Notice of
      once at the time of initial FAA approval                   EJA comments that proposed                          Non-Program Aircraft Substitutions
      of a program (or at the time a new                       § 91.1001(b)(7)(v) defines the provision                 Several commenters state concern
      program is started by an affiliated                      of fractional ownership program                       with the proposed language of this
      manager) at the national level by a                      management services to include the                    section, which states that the program
      headquarters-based FAA official who                      development and use of a maintenance                  manager ‘‘shall make an effort to notify
      has developed an expertise in an area                    program manual. There is no other                     a fractional owner prior to the flight
      and who can make uniform decisions in                    mention of this manual in the NPRM.                   when a non-program aircraft is
      the matter. Once the determination is                    Proposed §§ 91.1023 and 91.1025                       substituted for a program aircraft for the
      made at the national level, the program                  require only a written program                        use of the fractional owner.’’
      management specifications should                         operating manual. Since maintenance                      EJA states that the rule should be
      include a reference to any affiliated                    manuals are not required under part 135               revised to make clear, as does the NPRM


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      preamble, that when a non-program                        removed and the revised language                      control; this should remain with the
      aircraft is substituted, it must be                      makes clear that when a non-program                   Program Manager.
      operated by a certificate holder with the                aircraft is substituted, it must be                      FAA Response: The FAA believes that
      appropriate authority. EJA also suggests                 operated by a certificate holder with the             the rule language does make clear the
      that the final rule should clarify that a                appropriate authority.                                lines of operational control. When an
      program manager may elect to conduct                        New paragraph (b) makes it clear that              aircraft is operated under subpart K on
      a particular fractional ownership                        a program manager may conduct a flight                a program flight, the fractional owner
      program flight for a fractional owner                    under part 121 or 135, either at his own              for whom the operation is being
      under part 121 or 135, assuming that the                 election or at the request of a fractional            conducted is in operational control and
      program manager is properly                              owner, only if the program manager                    is responsible for compliance with all
      certificated to undertake those                          holds a part 119 certificate authorizing              applicable regulations. The fact that the
      operations under those parts of the                      those operations. In this case a program              fractional owner has delegated certain
      regulations.                                             manager is no longer acting as a                      tasks to the program manager does not
         PASS believes that if non-program                     program manager, but instead is a                     relieve the fractional owner of
      aircraft are to be used, they should be                  certificate holder who is in operational              responsibility, similar to situations
      identified in the contract and that a list               control of that flight. A fractional                  where aircraft owners contract for
      of non-program aircraft should be                        owner’s aircraft could be used in an                  maintenance and other required
      provided to each fractional owner and                    operation under part 121 or 135, if it is             services.
      to the Administrator.                                    dry leased to a part 119 certificate
         The Teamsters and an individual                                                                             Section 91.1013 Owner’s
                                                               holder and authorized in that certificate             Understanding and Acknowledgment of
      believe that the program manager                         holder’s operations specifications. That
      should be required to do more than just                                                                        Operational Control Responsibilities
                                                               certificate holder must conduct the
      ‘‘make an effort’’ to notify the fractional                                                                       PASS and the Teamsters believe that
                                                               operation under the operating rules of                the reality that fractional owners are
      owner.                                                   part 121 or 135, as appropriate.
         A pilot in a fractional ownership                                                                           nothing but passengers on their aircraft
      program states that customer                                New paragraph (c) was added to                     needs to be recognized. Fractional
      notification of sell-offs ‘‘when possible’’              ensure that a fractional owner is                     owners have no decision-making
      clearly highlights that fractional                       informed whether a flight is being                    responsibility in the actual operation of
      companies need to change operational                     conducted as a program flight or is                   the aircraft. The fractional ownership
      aspects of the flight to the extent that                 being conducted under part 121 or part                program manager needs to be held liable
      safety is compromised. Large problems                    135 of this chapter. The method and                   for compliance with the FAA
      occur in communication with crew and                     timing of such notification is to be                  regulations for the maintenance,
      passengers. There have been continual                    determined between the program                        aircrew, training and operation of the
      problems where aspects of flights have                   manager and fractional owners. Further,               fractional aircraft. The degree of
      been changed and either/both crew and                    § 91.1027(e) requires that the program                operational control is not equal between
      passengers were not notified. This                       manager provide a written document to                 the fractional owners and the program
      commenter believes customer sell-offs                    be carried on each flight stating who is              managers.
      will compromise the safety and security                  in operational control of that flight and                An individual recommends that
      of flight operations regarding many                      under which FAA regulations the flight                § 91.1013(a)(1)(iii) be stricken from the
      aspects of 14 CFR 61/135/l21.                            is being conducted. That paragraph                    final rule because it is inappropriate,
         FAA Response: The FAA agrees with                     specifies that the document must be                   unnecessary and potentially harmful.
      the commenters that the proposed                         carried on board to the flight’s                      The commenter states that the FAA’s
      § 91.1007 was not sufficiently clear. In                 destination and includes record                       regulations are an inappropriate means
      addition, we question the practicality of                retention requirements.                               of alerting members of the aviation
      the term ‘‘make an effort to notify’’ the                   The FAA does not agree with the                    community to the tort ramifications of
      fractional owner prior to the flight.                    suggestion by PASS that if non-program                their activities and states that the FAA
      However, we agree there must be a                        aircraft are to be used, they should be               has not done so with respect to others
      method for parties to know who is in                     identified in the contract and that a list            in the aviation community (for example,
      operational control of that flight.                      of non-program aircraft should be                     pilots, mechanics or traditional owners
      Procedures and notification of aircraft                  provided to each fractional owner and                 of aircraft).
      substitution should be discussed as part                 to the Administrator. The FAA believes                   The commenter states that this
      of the contract between the program                      that this kind of scenario would be                   provision does not alert fractional
      manager and the owner. This is done to                   unworkable and unnecessary. However,                  owners to anything that has not always
      ensure the owner knows that some                         the contract should make clear that                   been true for all owners of aircraft,
      flights may be conducted by an air                       when a program aircraft is not available,             fractional or not. Whether a fractional
      carrier, that there is a clear                           a non-program aircraft will be provided               owner is deemed to exercise operational
      understanding of who is in operational                   that will be operated under part 121 or               control will likely continue to be based
      control of each flight, and to track                     135.                                                  on actual control, independently of the
      program flight hours.                                    Sections 91.1009, 91.1011
                                                                                                                     fractional characterization of the
         In the final rule, the section title has                                                                    arrangement.
                                                               Clarification of When Owner Is in
      been changed and the section has been                                                                             The commenter states that another
                                                               Operational Control and Implications of
      revised. The text of paragraph (a) has                                                                         potential consequence of the provision
                                                               Owner Being in Operational Control
      been revised to state that ‘‘Except as                                                                         is that it might be misinterpreted by the
      provided in § 91.501(b), when a non-                       PASS believes that lines of                         fractional management company as an
      program aircraft is used to substitute for               operational control need to be made                   indication that it is relieved of its tort
      a program flight, the non-program                        clear. The safety of the aircraft lies                duties by virtue of the owner’s required
      aircraft must be operated in compliance                  directly with the program manager for                 acknowledgment of his responsibilities.
      with part 121 or part 135.’’ The phrase                  FAA compliance. PASS states that the                  As urged above, if the fractional
      ‘‘shall make an effort’’ has been                        owner should never be in operational                  arrangement causes a change to the


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      traditional allocation of tort liability                    FAA Response: The FAA agrees that                     FAA Response: The management
      between the owner on the one hand,                       there is a need to have a system to                   specification application process will be
      and the pilot, mechanic, or other                        identify contacts within a program                    similar to the process for issuing
      independent contractor on the other,                     management company. The program                       operations specifications under part 119
      that change results only because the                     operating manual required under                       for persons conducting operations under
      owner has in fact chosen to exercise                     § 91.1023 and § 91.1025 will spell out                parts 121 and 135. Additional rule
      actual control. The management                           procedures and identify responsibilities.             language has been added in § 91.1014 to
      company should not be led to believe                     To avoid the confusion raised by the                  make it clear that management
      that its tort exposure has been                          PASS comment, the FAA has inserted                    specifications are issued to the program
      diminished by the mere characterization                  subheadings into the final rule so that               manager on behalf of the owners if the
      of the arrangement as fractional, or by                  it is clear that §§ 91.1014–91.1443                   program meets the regulatory
      the owner’s acknowledgment of                            address program manager                               requirements of subpart K. The
      operational control, when the true                       responsibilities. Furthermore, § 91.1014              management specifications will be
      essence of the relationship is the total                 has been revised to clarify the operation             processed on the FAA operations
      entrustment of all operational functions                 process and requirements for issuance                 specifications subsystem and will be
      to the management company.                               of management specifications. This                    managed by the same procedures used
         FAA Response: As stated previously,                   issuance is based on a finding that the               to manage operations specifications for
      the FAA believes that the idea that each                 program manager meets the applicable                  air carriers operating under parts 121
      fractional owner will, at times, have                    requirements, is properly and                         and 135. The application process is
      operational control of an aircraft being                 adequately equipped, and is able to                   referenced in the final rule and will be
      used on his or her behalf is at the heart                conduct a safe operation. The section                 detailed in guidance documents.
      of the fractional ownership concept.                     title has been changed to ‘‘Issuing or                Section 91.1015(a)(10) allows the
      Many of the details of the contractual                   denying management specifications.’’                  Administrator to specify additional
      relationship between a prospective or
                                                               Sections 91.1015, 91.1017                             items to be contained in management
      actual fractional owner and a program
      manager are not safety related and                       Management Specifications and                         specifications. This gives the FAA and
      therefore are not a concern of the FAA.                  Amending Program Manager’s                            the program manager the flexibility to
      However, the FAA believes that it is                     Management Specifications                             amend or revise the management
      important for prospective or actual                                                                            specifications as appropriate.
                                                                  NBAA states that, in addition to
      fractional owners to know and                            defining the contents of the program                  Section 91.1016 Confidential
      understand the responsibilities they will                manager’s management specifications as                Information (Suggested)
      assume as a fractional owner.                            well as the process for amending them,
         The FAA agrees that this type of                                                                               NATA and Flexjet comment that,
                                                               the FAA also must develop rules that
      requirement has not been imposed on                                                                            because subpart K will require fractional
                                                               define the management specification
      other regulated entities. Because of the                                                                       owners and program managers to
                                                               application process (including any
      unique aspects of the fractional                                                                               provide commercial and/or financial
                                                               information required as part of the
      ownership arrangement, the number of                                                                           information from time-to-time, they
                                                               application) and define a process to
      the owners, and the varying levels of                                                                          strongly recommend that certain
                                                               issue or deny management
      owner expertise, the FAA believes the                                                                          information be protected as
                                                               specifications.
      implications of operational control,                                                                           confidential. NATA and Flexjet
      including liability risk and enforcement                    NATA and Flexjet state that all
                                                               fractional program managers, both                     recommend the addition of a separate
      actions, must be clearly expressed and                                                                         section to address this issue.
      acknowledged by the owners. Fractional                   existing and start-up, will be required to
      owners need to understand that when                      make application for management                          FAA Response: As is the case with all
      safety requirements are not met they are                 specifications from the FAA. However,                 Freedom of Information Act issues, the
      subject to FAA enforcement actions or                    the NPRM does not identify the process                FAA will handle requests that
      liability risks. Suspension or revocation                by which a prospective program                        information be treated as privileged or
      of management specifications would                       manager would apply and receive                       confidential commercial or financial
      affect the operation of the entire                       management specifications. Therefore,                 information under the Department of
      fractional ownership program,                            NATA and Flexjet support clear                        Transportation rules in 49 CFR part 7,
      impacting the program manager and all                    information within the regulation                     particularly §§ 7.13 and 7.14. Whether
      of the fractional owners in the program.                 specifying how application is to be                   specific information about fractional
                                                               made, what supporting materials must                  owners (for example, names, addresses)
      Section 91.1014 Manager’s                                be submitted with a formal application                is made available to the public by
      Responsibility for Ensuring Compliance                   and what criteria the FAA will use as a               program managers will depend on the
        NWJ and an individual state that the                   basis to deny or issue management                     contractual relationship between these
      proposed paragraph further                               specifications.                                       parties. Fractional owners will be
      demonstrates the need to designate an                       PASS believes that a list of items                 identified in the files of the FAA’s
      individual as ‘‘Program Manager’’ rather                 should be added to the management                     Aircraft Registry in Oklahoma City and
      than an entity. They believe that, in                    specifications, such as carrying                      these files are available to the general
      order for a fractional ownership                         hazardous materials, geographic                       public. Section 91.1015(b) allows the
      program manager to ‘‘ensure that its                     operating area for fractional operations,             program manager to keep a current list
      program * * * (is) sufficient to ensure                  VMC or IMC operating capabilities,                    of fractional owners at its principal base
      owner compliance * * *,’’ the                            navigation authorizations, and cargo                  of operations or other location and
      accountability of an entity alone may                    carrying capabilities. PASS states that               referenced in its management
      not be sufficient. PASS believes that this               Management Specifications should be                   specifications, instead of listing all
      paragraph should be deleted, as it                       handled just as Operation Specifications              owners’ names in that document. This
      confuses owner compliance with                           are currently handled by part 135                     provides for a degree of confidentiality
      operational control.                                     certificate holders.                                  of owner information.


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      54540           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      Section 91.1019         Conducting Tests and                FAA Response: The FAA agrees with                  incident or accident. The owner has
      Inspections                                              the concern raised by EJA but believes                responsibility under the NTSB
                                                               the language suggested by EJA is too                  regulations to notify the NTSB of an
         PASS believes that the FAA needs the                  narrow. The records that must be made                 incident, accident, or overdue aircraft.
      authority to conduct en route                            available to the Administrator would be               The accomplishment of this notification
      inspections in § 91.1019(b)(2) as in part                any records required by or necessary to               can be delegated to a program manager.
      121 and 135. Crew coordination and                       demonstrate compliance with subpart K.                The procedures required by § 91.1021(b)
      safe-operating procedures are                               The FAA disagrees with the                         and included in the program operations
      paramount for the safety of the                          recommendation by PASS to require en                  manual establish the means for the
      passengers. The only way that the FAA                    route inspections for fractional program              owners to fulfill their accident response
      can provide effective oversight and                      operations. The complexities of the                   responsibilities. Therefore, FAA
      surveillance of these types of operations                operation precludes scheduling en route               believes no change to the regulatory
      is by conducting en route inspections.                   inspections. This is similar to the                   language is required.
      PASS states that there continues to be                   philosophy applied to on demand part                    The FAA agrees with the comment by
      problems with Crew Resource                              135 operations. En route inspections are              Flexjet and would expect such
      Management, especially with the newer                    only required for commuter operations                 corrective action should take place in
      ‘‘Glass Cockpit’’ aircraft and that                      and are not required as part of the                   response to underlying safety issues.
      information overload is a constant                       national work program for on demand
      challenge to the pilots. Surveillance of                                                                       Section 91.1023 Program Operating
                                                               operations. Furthermore, the FAA has
      the crews will allow an unbiased                                                                               Manual Requirements
                                                               other means of effectively surveilling
      evaluation of the crew performance,                      the operation, including acceptance and                  EJA states that in proposed
      which in turn will validate how                          approval of procedures, manuals, and                  § 91.1023(h), there is a reference to an
      effective the training program is                        training programs. As part of its                     ‘‘approved inspection program
      working. This will provide valuable                      implementation strategy, the FAA is                   operations manual,’’ a term that is not
      insights that can be used to improve                     developing a work program for                         defined in the proposed rule. EJA thinks
      future training requirements. PASS                       fractional ownership operations that                  that this reference should be to an
      recommends that this paragraph should                    mirrors the national guidelines for                   ‘‘approved ‘aircraft inspection
      at least be changed to include en route                  surveillance and inspection of part 135               program,’ ’’ which is addressed in
      inspections on aircraft that require two                 on demand operations. The FAA also                    proposed § 91.1109. EJA recommends
      flight crewmembers for operation of the                  disagrees with the suggestion made by                 that the ‘‘approved aircraft inspection
      aircraft.                                                NWJ that a person responsible for the                 program’’ concept from § 91.1109 be
         EJA states that proposed § 91.1019(c)                 records should be named in the                        incorporated into § 91.1023. Also in
      requires that each employee of a                         management specifications. The                        § 91.1023(h), the reference to ‘‘stations’’
      program manager that is responsible for                  operations manual will define personnel               may be confused with the term as used
      maintaining the program manager’s                        responsibilities.                                     in part 121 or 135. EJA recommends that
      records must make those records                             The FAA agrees with the suggestion                 the term ‘‘stations’’ be replaced with the
      available to the FAA. EJA believes that                  by Flexjet and has modified the final                 term ‘‘facilities.’’
      FOARC intended this requirement to                       rule so that paragraph (b)(1) permits the                EJA also states that program managers
      apply only to safety-related records, and                management specifications to be                       that are also certificated under part 121
      not generally to all documents                           maintained at the program manager’s                   or 135 should be able to use, for subpart
      maintained by a program manager. In a                    principal place of business or at a place             K purposes, the general operations
      similar provision of the NPRM, the FAA                   approved by the Administrator.                        manual from those certificated
      used the phrase ‘‘pertaining to                                                                                operations, so long as the manual
                                                               Section 91.1021 Internal Safety                       addresses differences between the
      operational safety of the program,                       Reporting
      including all program logbooks and                                                                             operations under part 121 or 135 and
      maintenance records’ to specify which                       PASS believes that fractional owners               the operations under part 91, subpart K.
      program manager records an owner has                     should be added to proposed                           EJA recommends that §§ 91.1023 and
      the right to inspect. EJA recommends                     § 91.1021(b) and required to respond to               91.1025 be amended to provide this
      that the quoted phrase be added to                       an aviation incident/accident.                        option.
                                                                  Flexjet currently utilizes anonymous                  EJA further comments that under
      § 91.1019(c).
                                                               internal safety reporting procedures for              proposed § 91.1023, the program
         NWJ and an individual object to                       its crewmembers. Flexjet strongly                     operating manual is a document that is
      proposed § 91.1019(c) because the                        supports safety reporting, and supports               accepted by the FAA. However, some of
      paragraph does not specify which                         an environment of safety without                      the procedures contained in that
      records are being referenced, for                        retribution. However, Flexjet                         manual, such as the destination airport
      example, maintenance records, pilot                      recommends that FAA implementation                    analysis under proposed § 91.1037,
      records. Also, the commenters believe,                   guidance should clarify for the FAA and               must be approved by the FAA. EJA
      if such responsibility exists, the person                the industry that, although no                        recommends that § 91.1037(c) be
      who maintains that responsibility                        retribution may be taken against an                   amended to clarify this.
      should be named in the management                        employee for filing a report in                          PASS believes that the program
      specifications.                                          accordance with this section, such a                  operating manual should be accepted by
         Flexjet states that § 91.1019(b)(1)                   filing cannot prevent the program                     the Administrator and the program
      should be clarified to state that the                    manager from taking corrective action in              management company held responsible
      Management Specifications may be                         response to the underlying safety issue.              for keeping it current and up-to-date.
      maintained not only at its principal base                   FAA Response: The FAA disagrees                    PASS also believes that if the operating
      of operations, but also at a place                       with the recommendation by PASS. The                  manual is not in hard copy form, and is
      approved by the Administrator, as is                     NTSB regulations provide NTSB with                    transmitted electronically, as provided
      provided in §§ 91.1015(e) and                            broad authority to get information from               under § 91.1023(g), a means must be
      91.1027(a).                                              all persons with knowledge related to an              made to ensure that the information is


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                       54541

      current. PASS further comments that,                     emergency maintenance for those                       regulation and when the briefings need
      contrary to § 91.1023(h), the program-                   otherwise qualified personnel who do                  to be accomplished. The commenter
      operating manual should be carried on                    not meet the drug and alcohol education               believes there is an assumption in
      every aircraft in case the aircraft has to               provisions of § 91.1047 or the testing                proposed § 91.1035(g) that there is no
      divert to another destination or flies into              provisions of §§ 135.251 and 135.255.                 need for a passenger to listen more than
      an airport that does not have approved                     The FAA believes it would be an                     once to a briefing since he or she would
      maintenance services or personnel.                       administrative burden for the program                 be familiar with the safety aspects after
         FAA Response: The FAA agrees with                     manager to maintain a list of all                     one briefing. The commenter believes
      the recommendation by EJA that                           qualified mechanics and repair facilities             that if this is the case, it should apply
      paragraph (h) should reference                           and to notify the Administrator of those              to the part 135 regulation.
      ‘‘approved aircraft inspection program’’                 mechanics or facilities that follow an                   Flexjet recommends that a provision
      and has changed paragraph (h)                            FAA approved testing program. Instead                 be added to authorize delegation to a
      accordingly. The FAA also agrees that                    the program manager must notify the                   flight attendant or other crewmembers
      the term ‘‘stations’’ should be changed                  FAA of all persons who perform                        of the responsibility to brief passengers.
      to ‘‘facilities.’’ The FAA agrees with                   emergency maintenance who do not                         FAA Response: The FAA disagrees
      EJA’s comment that program managers                      meet the applicable drug and alcohol                  with the commenter who recommends
      certificated under part 119 should be                    education or testing requirements.                    deletion of the proposed requirement
      able to use the general operations                         In the final rule § 91.1027(a) is                   that passengers be advised of the name
      manual from a part 119 certificated                      amended to make the terminology                       of the entity in operational control of
      operation if procedures are applicable to                consistent with § 91.1015.                            the flight. The identification of the
      subpart K and if any differences are                                                                           entity having operational control is a
                                                               Section 91.1029 Flight Scheduling and                 critical aspect of the fractional
      clearly stated. Use of a single manual for               Locating Requirements
      different types of operations must be                                                                          ownership concept. However, paragraph
      authorized by the FAA in the                                PASS believes that all flights should              (c) of § 91.1035 also requires the briefing
      management specifications.                               be required to file a flight plan for all             to state whether the flight is conducted
         The FAA agrees with the comment by                    operations, visual flight rules (VFR) or              as a program flight or a commercial
      EJA that manuals that are ‘‘accepted’’                   IFR.                                                  operation under part 121 or 135 of the
      sometimes contain certain portions that                     FAA Response: The requirement in                   regulations. The FAA is deleting this
      must be ‘‘approved.’’ The FAA does not                   § 91.1029 was derived from the existing               provision because there is no regulatory
      think any change to the rule is needed.                  requirement in part 135. The program                  requirement under part 121 or 135 to
      The details of the procedures will be                    manager must have a process for flight                state the operating rules under which
      addressed in guidance documents.                         locating and a flight plan is one way to              the flight is being conducted.
         The FAA agrees with PASS that the                     facilitate flight locating. In most                      In response to the comments on when
      program operating manual must be                         situations subject to subpart K,                      the briefing is conducted the FAA
      acceptable to the Administrator and                      additional procedures will exist. For                 agrees that there is an ambiguity as to
      kept current. The FAA agrees that                        turbo-jet operations it is expected that              whether briefings must be done before
      appropriate portions of the program                      an IFR flight plan will be filed. The                 each take-off, or before a previous flight
      operating manual must be carried on the                  program manager must have an                          on the aircraft. The FAA is deleting
      aircraft when it is away from the                        adequate system in place and the FAA                  proposed paragraph (g) and requiring
      principal operations base. This is                       expects that most companies will meet                 that prior to each take-off the pilot in
      reflected in §§ 91.1023(a) and (f).                      this requirement by filing a flight plan.             command must ensure that all
                                                               For clarification the final rule § 91.1029            passengers have been briefed.
      Section 91.1025 Program Operating                        has been amended to add the word                         The FAA does not agree that language
      Manual Contents                                          ‘‘adequate’’ to paragraphs (a) and (b).               comparable to § 91.1035(g) should be
        NWJ and an individual state that the                                                                         added to part 135. While there are
                                                               Section 91.1035 Passenger Awareness
      program operating manual should also                                                                           minor language differences, both rules
      contain the name or names of persons                       A flight operations manager                         require that all passengers receive a
      responsible for updating the manuals.                    recommends deletion of the proposed                   briefing.
        FAA Response: Section 91.1023(a)                       requirement that passengers be advised                   The FAA disagrees with the comment
      requires the program manager to keep                     of the name of the entity in operational              that all briefings should be conducted in
      the manual current. While the names of                   control of the flight since proposed                  languages spoken by the passengers.
      persons delegated to perform this                        §§ 91.1009—91.1013 have already                       Briefing cards are used to supplement
      function may be included in the                          clearly established that ‘‘the owner be               the oral briefing. Briefing passengers in
      manual, the FAA does not believe this                    advised and sign a document defining                  all languages is impractical and is not
      should be mandatory.                                     the implications of operational control.’’            required for operations under part 121
                                                                 PASS believes that if additional                    or 135.
      Section 91.1027 Recordkeeping                            passengers are picked up separately,                     One commenter recommends that a
         PASS believes that the program                        they should be briefed on emergency                   provision be added to allow delegating
      manager should be responsible for                        procedures and that all briefings should              the responsibility to brief passengers.
      keeping a list of qualified mechanics                    be in languages spoken by the                         This change is not necessary because
      and repair facilities acceptable to                      passengers.                                           the rule already provides in paragraphs
      perform maintenance and should                             Atlantic Aviation Flight Services                   (d) and (e) that the briefing can be given
      identify and notify the Administrator of                 comments on what it believes is a                     by a pilot, another crewmember, or a
      those required to follow an FAA                          disparity between the current part 135                recording.
      approved drug testing program.                           regulations regarding passenger
         FAA Response: The program manager                     briefings and the proposed changes in                 Section 91.1041 Aircraft Proving Tests
      is required to ensure that persons who                   the subpart K revision. Atlantic believes             (Also § 135.145)
      perform maintenance are qualified. The                   that these regulations should be the                    EJA recommends several
      final rule allows an exception for                       same regarding the content of this                    amendments, primarily to make it clear


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      54542            Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      that an aircraft that has already had                                  similarities between the operations, the           and (e) to require validation tests when
      proving tests (for example, under part                                 FAA will consider modifying the test               a program manager or part 135
      121 or part 135) need not undergo                                      requirements, including the use of non-            certificate holder adds to its operations
      further proving tests.                                                 flight table-top exercises. The FAA will           an aircraft that is a new make or is of
         Jet Sales & Services, Inc., states that                             consider on a case by case basis how               similar design to a previously approved
      proving tests are not efficient and are                                extensive the proving tests need to be             aircraft. As a result of this final rule,
      not appropriate because they are                                       for companies that have previously                 such aircraft are no longer required to
      nonproductive expenditures of funds.                                   approved aircraft under part 121 or 135,           have proving tests. However, the FAA
         Kaiser Air, Inc., is strongly in favor of                           or for companies that have been                    has determined that a validation test
      the proposed change to § 135.145.                                      operating safely under part 91.                    should be conducted to determine that
      Likewise, NWJ and an individual                                           In the final rule, the FAA has added            the operator is capable of conducting
      applaud the efforts of the FOARC                                       language requiring validation tests for            operations safely with that aircraft and
      committee and the FAA to provide                                       both subpart K of part 91 and part 135,            in compliance with the applicable
      qualified part 135 operators relief from                               codifying what is currently described in           regulatory standards. In most cases the
      costly proving runs under the provision                                the Air Transportation Operations                  applicant will not be required to
      of § 135.145(b).                                                       Inspectors Handbook (Order 8400.10,                conduct an actual flight to validate the
         FAA Response: Proving tests are                                     Volume 3, Chapter 9). That chapter of              aircraft. However, the FAA will conduct
      necessary to evaluate each applicant’s                                 the Handbook describes how FAA
      ability to conduct operations safely and                                                                                  an in-depth review of the applicant’s
                                                                             inspectors conduct proving and                     proposed procedures, training programs,
      in accordance with the applicable                                      validation tests to evaluate an
      regulations. Proving tests consist of a                                                                                   manuals, facilities, and maintenance
                                                                             applicant’s ability to conduct operations
      demonstration of the applicant’s ability                                                                                  programs relevant to the new aircraft.
                                                                             safely and in accordance with the
      to operate and maintain an aircraft new                                applicable regulations before issuing an             The FAA will determine the level of
      to the operator’s fleet or the applicant’s                             operating certificate, adding a new                demonstration required, depending on
      ability to conduct a particular kind of                                aircraft to the applicant’s fleet, or              the similarity between the previously
      operation such as part 121 domestic,                                   authorizing a new area or route.                   approved airplane and the new make
      flag or supplemental. Current § 135.145                                Validation tests are specifically used to          and model. For example, the FAA may
      requires an applicant to successfully                                  evaluate requests for authorization to             develop scenarios for different types of
      complete proving tests before the FAA                                  operate outside U.S. airspace, to add a            conditions or events and ask the
      may authorize the operation of each                                    long-range navigation system or flight             program manager or certificate holder to
      type of turbojet aircraft or each type of                              navigator, to operate into a new area, to          show how it would follow the proper
      aircraft for which two pilots are                                      add special or unique navigation                   procedures in reacting to such
      required for operations under visual                                   procedures, or for special performance             conditions or events.
      flight rules (VFR). The FAA disagrees                                  or operational authorizations.                       For both proving tests and validation
      with the comment that proving tests are                                   For fractional ownership programs               tests, the Administrator may authorize
      not efficient or productive. The basic                                 under subpart K, it is necessary to add            deviations from this section if the
      principle is that each company has the                                 specific language on validation tests to
                                                                                                                                Administrator finds that special
      responsibility to show that it can                                     § 91.1041, in addition to the proposed
      operate each aircraft safely and in                                                                                       circumstances make full compliance
                                                                             language on proving tests, in order to
      compliance with the requirements.                                                                                         with this section unnecessary. Also,
                                                                             specify how the FAA will determine
         Proving tests are necessary for                                                                                        proving tests and validation tests may
                                                                             under § 91.1014 that the applicant is
      operations being approved under                                        properly and adequate equipped and is              be conducted simultaneously when
      subpart K, even if the aircraft has                                    able to provide program management                 appropriate.
      already had proving tests under part 121                               services. For part 135, the new language             The following table summarizes the
      or part 135 operations, because the                                    is primarily a codification of the                 differences between the current proving
      procedures and requirements are                                        procedures they already go through to              test and validation test requirements for
      different and the program manager                                      obtain various authorizations.                     part 135 and the final rule requirements
      needs to prove that it can conduct                                        An addition to the validation test              for fractional ownership programs under
      subpart K operations safely and within                                 requirements has been added in final               subpart K and certificate holders under
      the regulations. Where there are                                       §§ 91.1041(d) and (e) and 135.145(d)               part 135:

        Comparison of current and final proving and                                                                               Final rule requirements for part 135 and part
                                                                                   Current requirements for part 135
               validation test requirements                                                                                                        91, subpart K

      Aircraft (except turbojets) for for which 2 pilots                     Proving test required for each aircraft unless      One time proving test required for an aircraft,
        are required under VFR.                                                operator has previously proved that make           except turbojets, for which 2 pilots are re-
                                                                               and similar design aircraft under part 135.        quired under VFR. Validation test required
                                                                               Deviation authority for proving test require-      for each additional make and similar design
                                                                               ment.                                              aircraft, unless operator has previously
                                                                                                                                  proved that make and similar design aircraft
                                                                                                                                  under applicable part. Deviation authority
                                                                                                                                  for proving and validation test requirement.
      Turbojet aircraft ..................................................   Proving test required for each turbojet aircraft    One time proving test required for a turbojet
                                                                               unless operator has previously proved that         aircraft. Validation test required for each ad-
                                                                               make and similar design turbojet aircraft          ditional turbojet aircraft, unless operator has
                                                                               under part 135. Deviation authority for prov-      previously proved that make and similar de-
                                                                               ing test requirement.                              sign turbojet aircraft under applicable part.
                                                                                                                                  Deviation authority for proving and valida-
                                                                                                                                  tion test requirement.




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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                     54543

      Section 91.1045 Additional Equipment                     currently used in fractional ownership                employees for a particular program
      Requirements                                             programs already meet the                             manager would be determined by the
         The Teamsters comment that as                         requirements, the FAA does not expect                 need to have adequate staff available so
      proposed, this section would not require                 this to cause undue hardship. New                     that the program manager can meet
      any aircraft used in a fractional                        entrant fractional ownership programs                 other requirements of the subpart, such
      ownership program to add any                             must have the other equipment installed               as the rest and duty rules. Also, the FAA
      equipment not already required by                        before they receive their management                  will consider the needs of program
      another current regulation, for example,                 specifications.                                       managers during temporary situations,
      the requirement for GPWS and TCAS                                                                              such as when hiring the initial cadre
                                                               Section 91.1049 Personnel
      already exists for most turbojet aircraft.                                                                     staff for startups and for companies
                                                                  EJA recommends inclusion of                        adding new aircraft types, or, for small
      The commenter asks whether this                          language in proposed § 91.1049(e) to                  companies, the time between when one
      section has any useful purpose other                     clarify that scheduling or flight release             pilot leaves and another one is hired.
      than to ensure that certain program                      personnel ‘‘are able to perform their
      managers do not have to retrofit their 75                duties.’’                                             Section 91.1051 Pilot Safety
      Citation V Ultra turbojets with TCAS.                       EJA also answered FAA’s question                   Background Check
         Dassant Aviation recommends that                      concerning ‘‘whether this proposal is                    NBAA, NATA, and Flexjet state that
      the final rule include compliance dates                  appropriate for a single pilot operation              statutory authority is needed to give
      to allow sufficient time for any newly                   permitted under the deviation provision               them access to motor vehicle driver
      required equipment to be ordered and                     contained in proposed § 91.1049.’’ EJA                records and other records that a program
      installed. The compliance period should                  recommends that single pilot operations               manager would be required to access in
      correspond to the stipulated period for                  be addressed in the rule because if this              a safety background check. Such records
      such equipment in part 121/135.                          problem is handled under deviation                    are normally protected by the Privacy
         FAA Response: The intention of                        authority there will be ‘‘wide variation              Act; however, in 1996 the Pilot Records
      § 91.1045 is to ensure that fractional                   in interpretation of the regulations by               Improvement Act provided air carriers
      program aircraft have the same                           the different FSDO’s throughout the                   with the responsibility and authority to
      equipment as for the same aircraft when                  country.’’                                            check such records when hiring pilots.
      used for part 121 supplemental                              The Teamsters ask if the required                     FAA Response: The FAA deleted
      operations or for part 135 on-demand                     ‘‘staffing level’’ of this section (3 pilots          paragraph § 91.1051(c), which would
      operations. While it is true that part 91                per aircraft) has to be full-time                     have required a program manager to
      addresses GPWS and TCAS, those rules                     employees, or if they can be part-time                access motor vehicle driver records.
      are not as stringent as the part 121 and                 help when needed.                                     This provision may be added when the
      135 requirements. For example, § 91.221                     FAA Response: In response to EJA’s                 necessary legislative authority is
      states that any TCAS system installed                    comment on scheduling and flight                      obtained. The other background safety
      must be approved by the Administrator                    release personnel, it is the responsibility           check requirements of § 91.1051 do not
      and that if it is installed, it must be                  of the program manager to ensure that                 require legislative authority and remain
      turned on and operating while the                        all personnel are trained and qualified               in the final rule.
      aircraft is in flight; however, it does not              in accordance with the program
      require the installation of TCAS                         manager’s training program. The                       Section 91.1053 Flight Crew
      equipment. The final rule has been                       training program for scheduling and                   Experience
      rewritten to clarify which equipment                     flight release personnel must be                         AOPA states that the NPRM includes
      rules apply to fractional ownership                      appropriate for the size and complexity               a requirement for flight crew
      aircraft. This delineation is based on the               of the operation.                                     experience, but uses an industry
      121/135 dividing line for nonscheduled                      In response to EJA’s concern about the             standard applicable for multi-engine
      operations. Aircraft that have more than                 FAA granting inconsistent deviations                  turbine-powered aircraft. The
      30 seats or a payload capacity of more                   for single-pilot operations, the FAA is               operational demands and missions of
      than 7,500 pounds must follow the same                   developing guidance for subpart K                     smaller aircraft are different from those
      equipment standards and applicable                       implementation to ensure that there is                of turbine-powered multi-engine
      regulations as for supplemental                          uniformity among the FSDO’s for                       aircraft, yet the NPRM does not make a
      operations conducted under part 121.                     granting such deviations. The FAA                     distinction. AOPA believes the final
      Aircraft that have a passenger-seat                      needs to consider the size, complexity,               rule must specifically address and
      configuration of 30 seats or fewer,                      and organizational structure of the new               delineate flight crew experience needs
      excluding each crewmember, and a                         fractional owner programs that might                  for non-turbine powered multi-engine
      payload capacity of 7,500 pounds or                      exist in the future. The FAA needs to                 and single-engine aircraft. Also, AOPA
      less, and any rotorcraft must follow the                 have the latitude and flexibility to grant            comments that all of the crewmember
      same equipment standards and                             deviations when appropriate.                          experience requirements would only
      applicable regulations as for on-demand                     In response to the questions about                 apply to those operations flown by flight
      operations conducted under part 135.                     staffing levels, program managers may                 crewmembers of the fractional
         The only delayed compliance time                      use either full or part time employees,               ownership program manager under
      provided in the part 121 and 135 rules                   who may be either direct or contract                  subpart K, not owner-flown flights.
      is for the installation of terrain                       employees. In the final rule, the FAA                    AOPA recommends that the FAA
      awareness and warning systems, which                     has changed to requirement to employ                  include a standard for non-turbine
      are required by March 29, 2005. For                      ‘‘at least three pilots’’ to ‘‘an adequate            powered multi-engine engine aircraft
      existing fractional ownership programs                   number of pilots’’ because there are so               similar to that used in part 135. The
      the other equipment must be installed                    many variables and differences among                  pilot in command requirement under
      on or before the compliance date for the                 fractional ownership programs that it                 proposed § 91.1053 for these aircraft
      final rule, which will be 15 months after                would be difficult to enforce and would               should be 1,200 hours. In addition
      the date of publication in the Federal                   lead to an excessive number of                        AOPA recommends that these smaller
      Register. Since many of the aircraft                     deviation requests. The number of                     aircraft operations not require a second


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      54544           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      in command. A requirement of 500                         are more restrictive than the current part            rest time requirements for all pilots
      hours should also be established for a                   91 requirements, the FOARC endorsed                   operating fractional program aircraft.
      single-engine aircraft pilot in command.                 this level of safety. The FAA believes                NBAA believes that this proposal
      AOPA states that accepting these                         that any person piloting a fractionally               provides a balanced approach for
      recommendations would also require                       owned aircraft, whether they are a                    limiting pilot duty and flight times
      the FAA to alter the flight crewmember                   professional pilot employed by the                    while providing maximum flexibility for
      flight and duty time, training                           management company or a fractional                    aircraft and crew scheduling. NATA and
      requirements and other areas of subpart                  owner/pilot, must meet the                            Flexjet believe that these requirements
      K as appropriate.                                        requirements of § 91.1053 unless the                  should be issued by the FAA
         An individual commenter notes that                    size and scope of the operation warrant               independent of any other requirements
      since the flights are not considered                     a deviation. When a person becomes a                  imposed by the FAA on other segments
      commercial operations and are not held                   fractional owner of an aircraft that is               of the aviation community. They believe
      out to access by the public, requiring the               part of a large and complex program, he               the resolution of those matters should
      PIC to have an airline transport license                 or she has a responsibility to the other              not impact the regulation of fractionally-
      (ATP) and a first class medical                          fractional owners to assure the safe                  owned aircraft operated under part 91.
      certificate would cause undue hardship.                  operation of that aircraft. This is in                They do not believe that the FAA
      Many of the owners of fractional aircraft                contrast to a person who owns and                     should create a ‘‘one size fits all’’ flight,
      are pilots in their own right, and would                 operates his or her own aircraft or                   duty, and rest regulation to cover the
      not be able to fly their own aircraft                    perhaps shares the ownership with a                   diverse types of aircraft operations
      unless they held an ATP and first class                  few other people. As explained above                  conducted under the regulations. NATA
      medical.                                                 under ‘‘Owner-piloted Multiple-owner                  adds that because fractional ownership
         According to this commenter,                          Aircraft,’’ a fractional ownership                    operations are private aircraft
      requiring 1500 hours for a commercial                    program under subpart K is probably                   operations, it would not be appropriate
      license, an instrument rating, and a type                not the appropriate type of shared                    to hold these operations to the same
      rating (if the aircraft required a type                  ownership for persons who wish to pilot               flight and duty-time regulations that
      rating) should be sufficient for this type               their own aircraft.                                   commercial aviation operations are
      of operation as it is much more                                                                                subject to. NATA also points out that
      restrictive than the current minimums                    Section 91.1055 Pilot Operating
                                                                                                                     the proposal has more restrictive rest
      for part 91 non-commercial operation in                  Limitations and Pairing Requirement
                                                                                                                     requirements than part 121. Proposed
      large turbine powered multi-engine                          EJA believes that, as used in                      subpart K requires 10 hours of rest with
      aircraft (currently a private pilot                      § 91.1055, the terms ‘‘program flight’’               no reduction.
      certificate with a type rating and an                    and ‘‘program flight time’’ are                          The EJA Master Executive Council
      instrument rating for non-commercial                     ambiguous and not defined. The intent                 Chairman believes that collective
      operations). According to the                            of the NRPM appears to require that the               bargaining agreements have provided
      commenter, although some relief is                       pilot in command and second in                        some part 121 pilots with the most
      provided by the proposed regulation, it                  command have obtained the requisite 75                sensible duty and rest conditions in the
      is up to the local FAA FSDO offices to                   hours flying for the program manager                  entire industry. These agreements,
      issue the relief, which, in practice,                    that currently employs them, rather than              combined with recommendations from
      would be time consuming and                              for a previous program manager.                       leading researchers in the field could
      nationally non-uniform.                                     EJA also believes the term ‘‘type                  form the basis of a new comprehensive
         Another individual commenter                          aircraft’’ is confusing because of the use            set of duty and rest guidelines for all
      suggests changing the language in                        of the term in connection with airmen                 pilots regardless of the type of
      § 91.1053(a)(2) from ‘‘multi-engine                      and aircraft certification. EJA suggests              equipment they fly or under which
      turbine-powered’’ to ‘‘multi-engine                      that the final rule should clarify that the           regulations they operate. This should be
      turbojet powered.’’ The current wording                  pilot must have obtained the required                 of the very highest priority for the FAA.
      would require operators of light twin                    flight time in the make and model of                     The Teamsters and NWJ mention that
      turbine-engine aircraft such as Beech                    that aircraft assigned, and, if a type                the regulations as written do not address
      KingAirs and Cessna Conquests to use                     rating is required, in that type aircraft.            rest and duty issues from a crew
      ATP pilots, which is much more                              FAA Response: The FAA agrees that                  member’s perspective. One commenter
      restrictive than the current part 91                     the required hours of flight time should              notes that the current job
      requirements. Light turboprop aircraft                   be clarified. The term ‘‘program flight               responsibilities of a fractional crew are
      should be included under the                             time’’ has been changed to ‘‘flight time’’            far different from any airline or
      requirements in paragraph (a)(3). This                   to clarify that the hours may be obtained             corporate flight position, resulting in
      word change would make many                              in that make and model or type aircraft               greater fatigue, pressures, and
      requests for deviations unnecessary.                     (in operations under part 91, 121, 125,               responsibilities. Fractional pilots are
         FAA Response: While the flight time                   or 135), and are not limited to program               subject to multiple legs across different
      requirements for PIC’s and SIC’s in                      flights (i.e., flights where the fractional           time zones, loading and unloading bags
      § 91.1053(a)(1) are the same for all sizes               owner has designated the passengers or                multiple times, and customer service
      of aircraft, paragraphs (a)(2) and (a)(3)                property on board) or flights for a                   issues, resulting in minimum (real) rest.
      make a distinction between the                           particular program manager. Also, as                  Several time zone changes with very
      certification and rating requirements for                suggested by EJA, the rule language has               little consideration of their effect on the
      multi-engine turbine-powered fixed-                      been changed to tie the number of hours               pilot combined with multiple days, bad
      wing and powered-lift aircraft and the                   to particular make and model aircraft or              weather, unknown airports, special
      certification and rating requirements for                to a type aircraft, if a type rating is               airport procedures, and international
      all other aircraft. In addition                          required for that aircraft.                           flights further close the window of
      § 91.1053(b) provides for deviations                                                                           safety.
      from paragraph (a), depending on the                     Rest and Duty Issues: General                            FAA Response: The FAA agrees that
      size and scope of the operation.                           NBAA, NATA and Flexjet fully                        there are many similarities between
      Although these experience requirements                   support the proposed flight, duty and                 fractional ownership operations and


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                      54545

      other categories of aviation, such as                       FAA Response: The FAA agrees with                  regardless of the type of aircraft being
      corporate and on-demand operations,                      these comments and has added duty                     flown or for whom they are flying.
      but there are also some unique aspects                   and rest requirements for flight                         IBT notes that substantial literature
      of fractional ownership operations, such                 attendants to the final rule. These                   exists that suggests an average minimum
      as crew and aircraft positioning and                     requirements are based on those                       of eight consecutive hours of sleep is
      scheduling. Currently, fractional                        applicable to part 135 operations in                  required to ensure a rested state.
      ownership operations have no                             § 135.273. However, a fractional                      Further, alertness is impaired by fatigue,
      regulatory flight, duty, and rest                        ownership program manager has the                     especially at night and during multi-
      requirements. The requirements of this                   option of following the pilot duty and                time zone crossings. Current thought
      final rule will apply standards                          rest requirements in subpart K, instead               suggests that to achieve eight hours of
      comparable to those applied to on-                       of the flight attendant requirements.                 sleep, a crewmember needs at least ten
      demand operations, and go beyond                         Some operators prefer to schedule the                 (10) consecutive hours of rest
      those standards in specific areas, such                  entire crew under the same rules,                     opportunity. This provides a normal
      as in applying time zone restrictions.                   instead of complying with different                   maximum duty period of 14 consecutive
      While a company is free to establish                     rules for the cockpit and cabin crews. In             hours. Beyond that crews should be
      collective bargaining agreements with                    addition a fractional ownership program               augmented. This commenter states that,
      its pilots, it is the inherent                           manager may use the flight attendant                  historically, in air transport operations,
      responsibility of the FAA to establish                   rules of part 121 or part 135, instead of             eight hours has been the normal
      minimum standards that are appropriate                   those under subpart K, if authorized.                 maximum flight time for a two-person
      to each type of operation. The FAA has                   This option may be most useful for                    crew and no rationale has been
      made some changes to the proposed                        program managers that conduct both                    presented to change this maximum.
      rule, as explained below. Also, the FAA                  part 91 and part 135 or 121 operations.               Also 12 hours should be established as
      intends to monitor the implementation                       Fractional ownership operations must               the maximum flight time for a three
      of these rules and may do future                         comply with the rest and duty                         pilot crew. This too has been
      rulemaking, particularly at the time that                requirements whenever a flight                        traditionally adhered to in air transport
      the agency develops proposed revisions                   attendant is used, not just in cases when             operations.
      to flight, duty, and rest requirements for                                                                        FAA Response: The FAA did consider
                                                               the flight attendant is a required
      part 121 and 135 operations.                                                                                   the research that has been conducted on
                                                               crewmember under § 91.533 for flights
                                                                                                                     fatigue in the aviation industry. Many of
         Single Pilot. NATA and Flexjet                        with 19 or more passengers. This is
                                                                                                                     the principles recited by IBT have been
      believe the proposed regulation would                    necessary because whenever a qualified
                                                                                                                     incorporated into the subpart K flight,
      be appropriate for single-pilot                          crewmember is on board, he or she must
                                                                                                                     duty, and rest requirements. The
      operations. In addition, the deviation                   be rested and able to perform the duties
                                                                                                                     subpart K requirements were based on
      authority of proposed § 91.1049 allows                   safely.
                                                                                                                     those applicable to on-demand
      the FAA to authorize single-pilot                           Research. Four commenters (two                     operations in part 135 with additional
      operations when the FAA determines                       individuals, Teamsters, and EJA Master                requirements based on unique aspects of
      that it would be appropriate given the                   Executive Council Chairman) are                       fractional ownership operations. In
      circumstances. The Teamsters believe                     surprised that FOARC did not consider                 addition, the research on fatigue
      the proposed rules would not be                          research done by NASA and others on                   countermeasures will be reviewed and
      appropriate for single pilot operations.                 the topic of rest and duty. One                       incorporated into the guidance for
         FAA Response: The deviation                           commenter thinks there is an                          fractional ownership operations, as
      authority in § 91.1049 for single-pilot                  opportunity to look outside the box to                appropriate.
      operations is intended to allow                          a serious solution to fatigued crews and                 Similarity to Parts 121/135. A
      operations with certain small aircraft                   the safety hazard that comes from this                commenter believes that the flight and
      certificated for one pilot. Part 135 has a               type of professional occupation.                      duty limits should be the same
      similar provision for such aircraft. One                    The Teamsters note that § 91.1057 is               requirements as part 121 or 135. NWJ,
      of the elements in authorizing single-                   filled with unenforceable language and                Teamsters, and an individual
      pilot operations will be to prevent pilot                in many cases goes against decades of                 recommend that the rest rules for
      fatigue. Therefore, the rules in § 91.1059               studies conducted by NASA and others                  fractional pilots should be the same as
      applicable to a single pilot impose a                    regarding duty time and rest                          those for pilots operating under part
      daily flight time limit of 8 hours instead               requirements. At a time when more and                 135. A commenter notes that a higher
      of 10 hours, which may be extended                       more accidents are being blamed on                    level of safety would be maintained. By
      only one hour instead of two hours,                      fatigue and the FAA is finally enforcing              voluntarily meeting these high
      because of circumstance beyond the                       various rest requirement regulations,                 standards, these current fractional
      control of the operator, such as bad                     FOARC proposes that the FAA ignore                    programs have had an excellent safety
      weather. In addition, the deviations may                 the research and its own definitions                  record. However, this commenter has
      provide other conditions to help prevent                 found throughout the FAA regulations.                 seen an erosion of this voluntary
      pilot fatigue, such as the use of an                        The EJA Master Executive Council                   compliance to remain competitive. If the
      autopilot or fatigue countermeasures.                    Chairman thinks that if the FAA is                    regulatory minimum were 14 CFR 135/
         Flight Attendants. The EJA Master                     serious about ‘‘one level of safety,’’ it             121, the high level of safety we enjoy
      Executive Council Chair, NWJ, and                        should listen to the experts in the field             today will be maintained.
      Teamsters state that flight attendants                   and make consistent changes to all duty                  FAA Response: The FAA believes that
      should also be protected by duty and                     and rest regulations based on science,                the subpart K flight, duty, and rest
      rest requirements. A flight attendant’s                  not politics. There should be no                      requirements are comparable to part 121
      primary duty is to provide cabin safety.                 difference in duty and rest regulations               and part 135 in the level of safety
      Fatigue impairs their performance just                   whether one is flying under part 91,                  provided, and in addition, address some
      as it does a pilot’s. The Teamsters                      135, or 121. The EJA Master Executive                 unique aspects of fractional ownership
      suggest using the part 135 flight                        Council Chairman and Teamsters note                   operations. In the final rule, the FAA
      attendant rules.                                         that all humans are subject to fatigue,               has added a provision allowing


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      fractional ownership program managers                    the planned flight time’’ when it should              What about flights that make fuel stops
      to follow the applicable unscheduled                     say ‘‘within the planned duty time.’’                 and are not ‘‘continuous?’’
      part 121 or part 135 flight time                            EJA extends this thought, noting that                 EJA mentions that ‘‘continuous’’ is
      limitations, duty period limitations, and                this definition in the NPRM appears to                undefined in this section. The
      rest requirements instead of the subpart                 refer not only to an extension of normal              commenter suggests including multi-
      K requirements. This would be                            duty time, but also to an extension of                time zone crossings in the same duty
      particularly helpful for operators who                   flight time. The phrase as defined, and               period, since it would be irrelevant
      conduct both subpart K and part 135 or                   as used in the flight, duty, and rest                 whether a flight had been made non-
      part 121 operations because it would                     tables, should be changed to ‘‘extension              stop, or with an intervening stop, where
      facilitate scheduling and recordkeeping                  of normal duty and flight time.’’ This                at the end of the duty day, the flight
      for crewmembers who work under                           commenter also suggests that the                      crew had crossed multiple time zones.
      multiple types of operations. A                          regulation provide additional examples                This commenter recommends that the
      fractional ownership program manager                     of situations that would justify the                  definition be changed to reflect this,
      who wishes to follow part 135 or part                    increased duty period.                                with the suggested phrase, ‘‘a flight or
      121 rules must obtain approval to do so                     A flight operations manager notes that             multiple flights in a single duty period,
      and the approval must be included in                     in published legal interpretations the                the end result of which involves’
      the management specifications for that                   FAA General Counsel consistently                      crossing five or more time zones in one
      program manager.                                         defines ‘‘circumstances beyond the                    direction.
                                                               control of the certificate holder/program                FAA Response: The FAA agrees with
      Section 91.1057 Flight, Duty and Rest                                                                          these commenters that the proposed
      Time Requirements                                        manager’’ to include adverse weather,
                                                               late passengers, mechanical delays, air               definition was confusing. It has been
      Section 91.1057(a)—Definitions                           traffic control delays, etc. These are all            redrafted to clarify that it is the time
         Augmented flight crew. According to                   circumstances beyond the control of the               zone difference of 5 hours or more from
      EJA, this definition does not specify the                                                                      the originating time zone that is of
                                                               operators or flight crews and should be
      qualifications for the third pilot. This                                                                       concern, because a time difference of
                                                               included in the rule when implemented.
      commenter uses, and believes that the                                                                          that amount can affect a pilot’s
                                                                  The Teamsters state that the FAA has
      FAA intends to require that program                                                                            circadian rhythm. The FOARC
                                                               been slowly making changes that are
      managers use, a qualified PIC on the                                                                           recommended this additional provision.
                                                               demanded by NTSB and researched by
      flight deck at all times. This requires                                                                        The FAA notes this provision is more
                                                               dozens of agencies, yet allows a
      that two pilots in command be aboard                                                                           restrictive than part 121 and 135 and
                                                               definition that goes against common                   will add complexity to the matrix of
      the aircraft, resulting in an augmented                  sense and its own recent enforcement
      crew that is composed of, at a                                                                                 flight time and rest requirements. It
                                                               policy.                                               should also be noted that most circadian
      minimum, a designated/qualified pilot                       EJA suggests ‘‘period of duty’’ (used
      in command, a qualified pilot in                                                                               rhythm issues involve not only the
                                                               in the definition of ‘‘extension of normal            number of time zones crossed, but the
      command, and a designated/qualified                      duty’’) be changed to ‘‘duty period’’ (a
      SIC. IBT concurs with the proposed                                                                             time of day that the duty period begins.
                                                               defined term in the NPRM), to be                         Planned expanded duty. EJA believes
      definition, but would require a first                    consistent.
      class-type reclining chair for the pilot at                                                                    that this phrase appears to be used in
                                                                  FAA Response: In response to these                 the NPRM to refer not only to planned
      rest.                                                    comments the FAA has reconsidered
         FAA Response: The FAA agrees with                                                                           expanded duty, but also to an expansion
                                                               what flexibility is appropriate when,                 of flight time. The phrase as defined,
      these commenters. The FAA intended                       because of circumstances beyond the
      that the subpart K rule would treat                                                                            and as used in the flight, duty, and rest
                                                               control of the program manager, a flight              tables, should be changed to ‘‘planned
      augmented crews the same as in part                      arrives late. The FAA has determined
      135. In the final rule, language from                                                                          expanded duty and flight time.’’ The
                                                               that program managers should be                       phrase ‘‘long-range aircraft capable of
      § 135.269 has been included to specify
                                                               allowed to extend the flight time for a               exceeding 10 hours of flight’’ is found
      the crew qualifications for a three- or
                                                               2-pilot crew by up to 2 hours in such                 within ‘‘planned expanded duty,’’
      four-pilot crew and to provide that the
                                                               circumstances, but that it is not                     which should be clarified to indicate
      aircraft must have adequate sleeping
                                                               appropriate to extend the duty period or              long-range aircraft capable of exceeding
      facilities.
         Calendar day. Kaiser Air, Inc. believes               reduce the rest periods. The flight time              10 hours of non-stop flight flown in
      the definition would be more clear                       for a 1-pilot crew operating under a                  accordance with part 91. Since
      using only Coordinated Universal Time                    deviation could be extended by 1 hour.                ‘‘planned expanded duty’’ is used not
      and deleting ‘‘or local time.’’                          The FAA believes that this solution                   only in proposed § 91.1059, dealing
         FAA Response: The FAA disagrees                       provides the most flexibility for daily               with unaugmented crews, but also in
      with this comment because the                            scheduling, while ensuring that                       proposed § 91.1061, dealing with
      definition used in § 91.1057 is                          adequate rest is provided and that duty               augmented crews, the definition should
      consistent with the definition for                       periods of more than 14 hours are                     not be limited by the phrase ‘‘unless the
      ‘‘calendar day’’ used in § 135.273. The                  prohibited. Therefore, in the final rule,             flightcrew is augmented by a third
      main point is that the day should                        the defined term has been changed to                  pilot.’’ That limitation is inherent in
      include 24 hours of elapsed time,                        ‘‘extension of flight time’’ and ‘‘period             proposed § 91.1059, and would conflict
      regardless of time zone changes.                         of duty’’ has been changed to ‘‘flight                with proposed § 91.1061.
         Extension of normal duty. IBT                         time.’’ The chart in § 91.1059 has been                  The EJA Master Executive Council
      proposes that this definition be                         changed accordingly.                                  Chairman notes that by allowing a
      eliminated. The EJA Master Executive                        Multi-time zone flight. Kaiser Air, Inc.           ‘‘planned’’ expansion of duty, the FAA
      Council Chairman notes that this is an                   notes that this section needs more                    is granting fractional program managers
      ambiguous definition, open to wide                       clarification. Does ‘‘crossing’’ include              carte blanche approval to operate ultra-
      interpretation.                                          the time zone at take-off and landing?                long range business jets to the limits of
         A Flight Operations Manager notes                     How many time zones are ‘‘crossed’’                   aircraft endurance without putting a
      the end of the definition says ‘‘within                  from California to New York—2, 3, or 4?               third crewmember on board. Owing to


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      the costs involved, program managers                     duty. The commenter notes that FAA’s                  cannot be required to receive contact
      will never make use of a third flight                    own Chief Counsel’s definition of duty                from the program manager * * *.’’
      crewmember unless obligated by                           reads, in part, ‘‘having a present                       NWJ believes that incorporating the
      regulations to do so.                                    responsibility for work.’’ The three                  elements of extended and scheduled
         IBT believes the proposed definition                  conditions contained in the proposed                  reserve as outlined in the NATA 135
      is incomplete. This commenter concurs                    definition certainly add up to a present              On-Demand Concept Paper on Flight &
      with the proposal provided that this                     responsibility for work.                              Duty Time, would be of value. These
      term requires an augmented crew. Also,                      The Teamsters state that the reserve               elements empower the crew to refuse
      insert ‘‘cannot be scheduled’’ between                   status definition is not adequate because             trips if they have not received sufficient
      ‘‘flight’’ and ‘‘unless.’’                               it does not provide for a known,                      sleep to safely conduct the flights.
         FAA Response: The FAA is reviewing                    protected rest period. There is no way                   IBT disagrees with the proposed
      the research on pilot fatigue and the use                a pilot can be on a reserve schedule,                 definition and instead proposes that this
      of ultra-long range aircraft and has                     never knowing when the call will come,                term mean ‘‘the assignment of a
      determined that it is premature to                       and be free from fatigue at the end of a              crewmember by the program manager to
      establish a standard for the use of such                 possible 16-hour duty period.                         a standby status from which the
      aircraft with a crew of only 2 pilots.                      A commenter notes that these                       crewmember may be assigned to flight
      Therefore the definition of planned                      proposed rules define ‘‘reserve’’ as not              duty. While in such status, the
      expanded duty and the limits for such                    being part of duty. What this means to                crewmember has a present or
      duty in §§ 91.1059 and 91.1061 do not                    a pilot is that he/she could get up at 8              prospective responsibility for flight duty
      appear in the final rule. Instead the FAA                AM and be on reserve all day. At the                  assignment.’’ Reserve standby preceding
      is applying limits for augmented crews                   end of that day the pilot could be called             a duty period should be included in the
      in § 91.1061 that are similar to those in                and required to show up for duty and                  duty period on an hour for hour basis.
      § 135.269 for unscheduled 3- or 4-pilot                                                                           FAA Response: As defined, the term
                                                               begin a 14-hour or longer duty day. In
      crews. Currently the rest and duty                                                                             ‘‘standby’’ refers to flight crewmembers
                                                               this example a pilot could be operating
      requirements in parts 121 and 135 do                                                                           who are on duty while awaiting an
                                                               an aircraft with no sleep in 29 or more
      not address the use of ultra-long range                                                                        assignment for a flight. The
                                                               hours. The commenter believes that                    requirements for standby pilots are the
      aircraft. The FAA has decided to defer
                                                               although a pilot can refuse a trip when               same as those for pilots with flight
      a decision on appropriate rest and duty
                                                               he or she is too tired, the pilot’s                   assignments. All rest and duty
      requirements for the use of such aircraft
                                                               employer can also refuse to keep the                  requirements apply to standby flight
      by fractional ownership programs until
                                                               pilot employed for turning down a                     crewmembers and therefore adequate
      standards for parts 121 and 135 are
                                                               ‘‘legal’’ trip. A commenter agrees that it            rest is ensured before the duty period
      developed.
         Reserve and Standby. Kaiser Air, Inc.                 is not enough to say it’s the pilot’s                 begins and after the duty period is
      notes that ‘‘reserve’’ and ‘‘standby’’ are               decision, when a pilot is under pressure              completed and the length of the duty
      defined but then do not appear                           from Chief Pilots and Directors of Flight             period is limited. Reserve pilots, on the
      elsewhere in the proposed rule                           Operations.                                           other hand, are not on assigned duty for
      language. EJA Master Executive Council                      Three individual commenters,                       a program manager. They are awaiting
      Chairman and Teamsters ask how the                       including a flight operations manager,                their next assignment from the program
      definition of ‘‘standby’’ differs from                   propose removing the definition of                    manager. The final rule clarifies that a
      ‘‘reserve’’ and who arbitrates the                       reserve status. Two of these commenters               reserve assignment is also not
      assured conflicts between pilot and                      note that even if reserve status is not               considered rest. Although the proposed
      program manager? Another commenter                       eliminated, the amount of time that one               definition evidently did not make this
      notes that these two definitions are                     can spend on reserve status must be                   clear, the rest requirements apply to
      ambiguous. Both terms require the flight                 defined.                                              reserve pilots, as well as to pilots with
      crew to be in a state of readiness to fly.                  The flight operations manager                      regular flight assignments.
      However the reserve status, with an                      suggests removing ‘‘Reserve’’ from the                   Rest period. IBT concurs with the
      unlimited time associated with it, leaves                proposed regulation for both 91.1057                  proposed definition but would place a
      excessive room for abuse and subjects                    and 135. As defined in the proposed                   period after ‘‘manager’’ and delete the
      crews to unreasonable periods where                      rule ‘‘Reserve’’ meets the FAA                        rest of the sentence.
      the pilot must be ready to fly. This time                definition of duty. If considered duty it                A flight operations manager believes
      is not counted as a duty status.                         defeats the intent of Reserve, and                    the proposed regulation as written is
         A commenter believes that time spent                  therefore should be removed. The FAA                  correct in that it provides that a pilot
      on standby should be considered duty                     General Counsel’s definitions of rest,                receives consecutive hours of rest rather
      time. It is impossible to ensure adequate                duty and circumstances beyond the                     than uninterrupted rest as mentioned in
      rest while on extended periods of                        control of the operator are clear and                 the preamble. It is very important not to
      standby, sometimes reaching lengths of                   concise and should continue to be part                define rest as an uninterrupted period
      several days. Often after long periods of                of this rulemaking.                                   so that 135 Air Carriers and Fractional
      standby time, crews are called out at                       According to an EJA pilot, FOARC’s                 Ownership Managers are able to at least
      any hour of the night. This situation is                 definition of ‘‘reserve status’’ needs to             contact flight crews while in rest to
      dangerous.                                               be changed to be included in one’s duty               advise them of a future assignment.
         The EJA Master Executive Council                      period. This proposed definition says                    The Teamsters believe that a good
      Chairman believes that reserve is duty,                  reserve status is considered a part of the            model for a definition of rest is the
      stating that requiring a crewmember to                   pilot’s rest period. Yet, at the same time            definition in part 135’s Flight Attendant
      ‘‘hold himself or herself fit to fly,’’                  they define rest as being ‘‘a period of               Limitations section, which is very
      ‘‘remain within a reasonable response                    time * * * that is free of all                        reasonable and conforms to both
      time of the aircraft,’’ and ‘‘maintain a                 responsibility for work or duty prior to              scientific research and common sense.
      ready means whereby the flight                           commencement of, or following                         The commenter thinks that FOARC
      crewmember may be contacted by the                       completion of, a duty period, and                     presents a definition that almost
      program manager’’ is, by definition,                     during which the flight crew member                   conforms to the accepted FAA


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      definition, but then undermines that                     adverse safety consequences to                        rest period before any planned duty
      meaning with the definitions of reserve                  excluding post-duty period deadheading                period of 16 or more hours should be
      and standby.                                             to home base from these regulations.                  increased from 10 hours to 18 hours.
         FAA Response: The FAA agrees with                        An EJA Pilot believes the proposed                 The flight crew would be limited to
      the first commenter and has deleted the                  definition of ‘‘local in character’’ needs            three scheduled landings during the 16
      words ‘‘for purposes of program                          to be qualified, so flight crewmembers                or more hour duty period, limiting
      operations’’ from the definition. This                   are not subject to unsafe extensions to               exposure to the high workload
      change helps to clarify that the program                 either side of their duty periods when                environment of takeoffs and landings.
      manager may not contact the                              traveling to/from the airport. Current                Further, the minimum post-duty rest
      crewmember for any reason during the                     interpretations vary greatly among                    would be increased from 10 hours to 18
      rest period, not even to advise them of                  supervisors as to what is considered                  hours for 14–16 hours of flight time and
      a future assignment, as suggested by the                 ‘‘local,’’ suggesting a definitive time               24 hours for 16 or more hours of flight
      second commenter. As explained under                     line. Driving to the hotel from the                   time. Creating these additional
      the discussion on reserve status, there is               airport or vice versa has varied from 5               requirements ensures that the flight
      no conflict between the requirements for                 to 45 minutes.                                        crew will be adequately rested before
      reserve and rest because a flight                           FAA Response: Post-duty                            and after the flight.
      crewmember must be taken off reserve                     deadheading is included in                               An EJA Pilot states that pilot fatigue
      and given a rest period before reporting                 § 91.1057(d). Program managers may                    has contributed to several aviation
      for an assignment involving flight time.                 deadhead flight crewmembers back to                   accidents, specifically American
      Section 91.1057(c)                                       their home bases, but that time cannot                Airlines Flight 1420, which could have
                                                               be included as part of the rest period.               been avoided if the pilots had been
         According to EJA, this proposed                       Frequently pilots for fractional                      more alert on the flight deck. The
      section did not define ‘‘program duty.’’                 ownership programs are flown                          commenter believes the proposed flight,
      This commenter recommends the                            commercially to be in position for a                  duty, and rest requirements are not safe
      paragraph be amended by removing                         flight assignment. Whether such a flight              and that we need to limit duty periods
      ‘‘program’’ and inserting ‘‘required by                  occurs before or after a duty period, it              to 10 hours for a normal duty day and
      the program manager’’ after ‘‘duty.’’                    may not be counted as part of the rest
         EJA thinks that the NPRM does not                                                                           to 12 hours for an extended duty day.
                                                               period. The FAA is aware of the                       Similarly, a commenter believes that 16
      address the impact of program manager-
                                                               problem of ‘‘local’’ transportation to and            hours is too long. He has worked many
      assigned non-flying activities on the
                                                               from the airport to distant hotels and                14-hour days and believes that this is
      duty and rest provisions. While it is
                                                               reminds program managers that they                    the maximum safe workday limit.
      likely that FOARC and the FAA
                                                               must allow time for crewmembers to                       An individual commenter suggests
      intended that this period of work may
                                                               obtain the required rest.                             rewriting § 91.1059(c) by limiting duty
      not be considered part of any rest
      period, the final rule should make this                  Section 91.1057(h)                                    time to 12-hour with an extension to 14;
      clear. Section 91.1057 should be                                                                               by augmenting crews if there is more
                                                                  EJA thinks that the phrase ‘‘extension             than 8 hours of flight time; and that for
      amended by adding a new paragraph to                     of planned duty or flight time’’ may be
      read as follows: § 91.1057(k)                                                                                  duty between 11 p.m. and 6 a.m., there
                                                               confusing when used in connection                     should be a maximum flight time of 8
      Assignments of duty made by the                          with planned expanded duty.
      program manager that do not involve                                                                            hours with 10 hours of duty.
                                                                  FAA Response: Since the concept of                    IBT proposes in lieu of FOARC’s
      flight time will not be considered part                  planned expanded duty has been
      of any required rest period.                                                                                   recommendations that there be no
                                                               removed from the final rule, the words                extension of the 14-hour duty day and
         FAA Response: The FAA agrees with
                                                               ‘‘duty or’’ have been removed from                    no extension of the 8-hour flight time
      these commenters and has changed
                                                               § 91.1057(h).                                         limit.
      ‘‘program duty’’ to ‘‘duty’’ to clarify that
      the program manager may not assign                       Section 91.1059 Flight Time                              A commenter makes the following
      any kind of duty during a required rest                  Limitations and Rest Requirements: One                suggestions. First, duty times should be
      period.                                                  or Two Pilot Crews &                                  a maximum of 12 hours extendable to
                                                                                                                     14 hours, instead of the proposed 14
      Section 91.1057(d)                                       Section 91.1061         Augmented Flight              hours extendable to 16 hours. Aircrews,
        EJA believes that while this section                   Crews                                                 currently operating under similar
      adequately addresses the issue of a                         EJA states that some of the limitations            regulations, have stated that fatigue
      program manager deadheading a flight                     in proposed §§ 91.1059 and 91.1061                    starts to set in insidiously after this
      crewmember at the start of the duty                      should be amended to reflect the                      period. Second, flight time should be a
      period, it does not address the                          capabilities of newer, long-range                     maximum of 10 hours or even reduced
      deadheading of a flight crewmember to                    business jets. For instance, while the                to 8 hours to meet FAA part 121
      his home base at the completion of the                   proposed rule allows flight time up to                limitations. Fractional operators are
      duty period. Because of the                              12 hours, the newer generation jets have              often involved in flying into and out of
      unpredictability of airline schedules,                   a realistic range able to accommodate                 unfamiliar airports which requires a
      the program manager should be given                      flight times in excess of 14 hours. To                consistently high state of alertness and
      the flexibility to use the post-duty                     use safely the 14+ hours of potential                 readiness. To require or set such high
      period to deadhead flight crewmembers                    flight time, the flight crew will                     duty times (14 hours or greater) and
      to their home base. Since the flight,                    conceivably require a 16–20 hour duty                 flight times (10 hours or greater) places
      duty, and rest provisions are safety-                    period. Similarly, to use safely the 16               an unrealistic burden on flight crews
      related provisions, and since the flight                 hours of flight time, the flight crew will            and may compromise safety.
      crewmember’s duty has concluded and                      conceivably require up to a 20-hour                      Kaiser Air, Inc. notes that the duty
      the flight crewmember will be given all                  duty period. To allow for this length of              time limits in § 91.1061 appear to be a
      appropriate rest before the initiation of                duty period, additional requirements                  range of 14–16 hours and 16–18 hours
      his next duty period, there are no                       must be satisfied. The minimum crew                   rather than a limit. This needs


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      clarification since a limit would not                    flight, rest, and duty rules for part 121             issuance of the particular pilot
      have a range.                                            and part 135 operations.                              certificate are required to be included
         EJA states that ‘‘assign’’, as used in                                                                      on the competency check, (2) not all of
      § 91.1059(c), should be changed to                       Section 91.1063 Testing and Training
                                                                                                                     the procedures required for an air
      ‘‘permit’’ since it would not be possible                   EJA comments that proposed                         transport pilot certificate must be
      to ‘‘assign’’ an extension of normal duty,               § 91.1063(d)(8), which defines                        included on the instrument proficiency
      which is, by definition, an unplanned                    ‘‘requalification training’’ to include               check for a pilot in command of an
      event. For ease of use, the table should                 training required because of a lapse in               aircraft, and (3) not all of the procedures
      also be revised to include the one-pilot                 recurrent pilot testing requirements and              required for a commercial pilot
      requirements addressed in paragraph                      instrument proficiency requirements,                  certificate must be included on the
      (b)(1). Also, the final rule should                      should also include a lapse in recurrent              instrument proficiency check for a pilot
      include information in § 91.1061 on                      pilot training requirements or                        in command of a rotorcraft or a second
      when and how an augmented rule                           competency check requirements.                        in command of an aircraft. In keeping
      would be used. Additionally, the table                      The Teamsters state that proposed                  with FAA Policy Memorandum #183,
      in proposed § 91.1061 should address                     §§ 91.1063 through 91.1115 would not                  not all maneuvers required for the
      an extension of normal duty, since this                  be needed if the FAA simply regulated                 original issuance need to be
      concept would apply to augmented                         fractional operators under part 135,                  accomplished during an instrument
      crews, just as it applies to unaugmented                 where most of these sections are copied               proficiency check.
      crews (for example, in proposed                          from.                                                    PASS believes that the flight crew
      § 91.1059).                                                 FAA Response: The FAA agrees with                  instrument proficiency check
         The Teamsters suggest that § 91.1061                  EJA and has changed § 91.1063(d)(8) in                requirements in proposed § 91.1069
      contain additional language to specify                   the final rule to specify that                        should be the same as those specified
      which aircraft can be augmented,                         requalification training is necessary for             for part 121 or 135 operations.
      establish per pilot limitations, and                     crewmembers who have become                              A pilot comments that a basic premise
      require adequate rest facilities onboard                 unqualified by failing to comply with                 of this NPRM is the adoption of industry
      the aircraft.                                            recurrent training, proficiency checks,               best practices and equivalent levels of
         IBT suggests that proposed § 91.1061                  or tests for pilots and with flight                   safety. Currently, part 121 air carriers
      be changed to provide a maximum                          attendant testing requirements, if                    and part 91 operators, but not part 135
      actual duty time of 14 consecutive hours                 applicable, within the appropriate time               operators, may conduct progressive
      and a maximum actual flight time of 12                   period.                                               checking. That is, a maneuver
      hours.                                                      Although it is true that the proposed              successfully accomplished during
         FAA Response: As discussed above                      training and testing requirements for                 training need not be repeated during a
      under ‘‘planned expanded duty,’’ the                     fractional ownership programs are                     separate checking event. This
      FAA has reviewed the research on pilot                   modeled on those for on-demand                        commenter states that it is unclear
      fatigue and the use of ultra-long range                  operators in part 135, it is important for            whether subpart K makes provision for
      aircraft and has determined that it is                   them to appear in part 91, subpart K,                 progressive checks or not. This
      premature to establish a standard for the                where they can be tailored to be                      commenter believes that allowing
      use of such aircraft with a crew of only                 appropriate for fractional ownership                  progressive checking for part 135 and
      2 pilots. Therefore the definition of                    programs. As discussed above under                    subpart K would embrace industry best
      planned expanded duty and the limits                     ‘‘General Opposition,’’ the FAA has                   practices (part 91), enhance pilot
      for such duty in §§ 91.1059 and 91.1061                  determined that subpart K is the                      training and safety, and provide
      do not appear in the final rule. Instead                 appropriate regulatory approach for this              appropriate equivalent standards
      the FAA is applying limits for                           segment of aviation.                                  between parts 121 and 135.
      augmented crews in § 91.1061 that are                                                                             FAA Response: The FAA agrees with
      similar to those in § 135.269 for                        Sections 91.1065, 91.1067, 91.1069,                   the EJA comment on §§ 91.1065(a) and
      unscheduled 3- or 4-pilot crews.                         135.293 and 135.297 Initial and                       91.1069(d) and has changed the final
         In addition the tables have been                      Recurrent Pilot and Flight Attendant                  rule language in both sections to make
      changed in other ways in response to                     Testing Requirements and Instrument                   it clear that the required tests can be
      the comments and to make the tables                      Proficiency Check Requirements                        either written or oral, or a combination
      consistent with the other requirements.                     NATA and Flexjet strongly support                  of written or oral.
      Also, additional language has been                       the NPRM’s provisions permitting the                     In response to PASS’s comment on
      added to § 91.1061 to specify the                        required flight training portion of any of            instrument proficiency check
      requirements for augmented crews.                        the pilot training or check requirements              requirements, the proposed and final
      These are based on the comparable                        of this subpart, including the initial,               rule language does impose the same
      requirements in § 135.269 for                            transition, upgrade, requalification,                 instrument proficiency check
      unscheduled 3- and 4-pilot crews.                        differences, or recurrent training, or the            requirements as for parts 121 and 135,
         The FAA believes that the flight, duty,               accomplishment of a competency check                  except that the requirements for SIC’s
      and rest requirements in the final rule                  or instrument proficiency check, to be                are more restrictive under subpart K
      are comparable to the variations                         conducted in a simulator.                             than for SIC’s under part 135. An
      suggested by several of the commenters.                     EJA states that proposed §§ 91.1065(a)             editorial change is being made to the
      Following the issuance of the final rule,                and 91.1069(d) should be clarified to                 rule language to clarify that the
      the FAA will closely monitor the                         ensure that it is understood that a                   requirements apply to a pilot in
      implementation of the flight, rest, and                  written test, an oral test, or a                      command of an aircraft that requires the
      duty rules by fractional ownership                       combination of both types of test will                PIC to hold an ATP and to a second in
      program managers, will continue to                       satisfy the requirements. EJA also                    command of an aircraft that requires the
      review the scientific literature on fatigue              recommends that proposed                              SIC to hold a commercial pilot
      in aviation operations, and will revisit                 §§ 91.1065(b) and 91.1069(e) make clear               certificate.
      the appropriateness of these rules at the                that (1) not all of the maneuvers and                    The kind of progressive checking
      time that the FAA considers revisions to                 procedures required for the original                  referred to by one commenter is


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      54550           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      presumably the kind of checking                             FAA Response: The FAA agrees with                    FAA Response: The commenter is
      allowed in an Advanced Qualification                     this commenter and has changed the                    correct. The phrase has been added to
      program under SFAR No. 58 for                            final rule to add a deviation clause that             § 91.1101(b)(11) in the final rule.
      certificate holders operating under parts                allows for the use of a training center
                                                                                                                     Section 91.1109 Aircraft Maintenance:
      121 and 135. This kind of program is                     that is not certificated under part 142 if
                                                                                                                     Inspection Program
      not available to persons operating under                 approved by the Administrator. The
      part 91 and this issue was not focused                   FAA has made other changes in the                        PASS believes that a new section
      on by the FOARC or by the FAA before                     final rule to clarify that a program                  should be added to delineate the
      the NPRM was issued. Therefore, the                      manager may also use the services of                  responsibility for the airworthiness of
      FAA believes it is beyond the scope of                   another program manager or of a part                  the aircraft, specifying that the
      this rulemaking.                                         119 certificate holder.                               responsibility for the airworthiness of
                                                                                                                     the aircraft should be shared by each
      Section 91.1071 Crewmember Tests                         Section 91.1087 Approval of Aircraft
                                                                                                                     fractional owner and the program
      and Checks, Grace Provisions and                         Simulators and Other Training Devices
                                                                                                                     manager. Also, this commenter believes
      Training to Accepted Standards                              Flexjet notes that, if a program                   that no program manager should use
         PASS believes that additional                         manager or its affiliate also conducts                any person to perform required
      language should be added to proposed                     parts 121 or 135 operations and has an                inspections or maintenance unless the
      § 91.1071 that states that if an airman                  approved training manual with                         person performing the inspection or
      fails a check and is currently an                        approvals for aircraft simulators or other            maintenance is appropriately
      employee of another certificate holder                   training devices, those same approvals                certificated, trained, qualified, and
      (that is, parts 121, 125, 135), he or she                should be carried over to meet the part               authorized to do so.
      must notify that company and not be                      91 subpart K requirements.                               EJA and an individual commenter
      allowed to function in a commercial                         FAA Response: The FAA agrees with                  believe that as written, proposed
      capacity as an airman, until the check                   this comment. The changes to § 91.1075                § 91.1109 could be interpreted to require
      failed is subsequently passed.                           in the final rule will allow for this.                the development of a completely new
         FAA Response: The final rule has                      Sections 91.1089, 91.1091, 91.1093,                   inspection program. They believe that
      been changed to add the notification                     91.1095 Qualifications and Initial and                the final rule should clarify that the
      requirement; however, the FAA cannot                     Transition Training and Checking:                     intent is to allow program managers to
      address qualifications as an airman                      Check Pilots and Flight Instructors                   develop their inspection programs from
      under parts 121 or 135 in this                              EJA believes that proposed §§ 91.1089              portions of existing manufacturers’ or
      rulemaking.                                              and 91.1091 should have a provision                   certificate holders’ inspection programs,
                                                               similar to that in § 91.1063 that would               or to use a manufacturer’s or certificate
      Section 91.1073         Training Program:
                                                               allow a check pilot or flight instructor              holder’s program in total. Similarly, it
      General
                                                               used by a program manager who is also                 should make clear that compliance with
        EJA states that proposed § 91.1073                     a certificate holder under part 121 or                current § 91.409 is also acceptable, as
      should be clarified so that the grace                    135 to be used under subpart K without                well as that currently used forms would
      period applies to all tests, flight checks,              additional training or testing. Flexjet               still be acceptable.
      and proficiency checks, and not just to                  makes a similar comment.                                 Thus, this commenter states that
      recurrent training.                                         FAA Response: The FAA agrees that                  when the program manager derives the
        FAA Response: The grace period that                    a check pilot or flight instructor used by            inspection program from the
      applies to tests, flight checks, and                     a program manager who is also a                       manufacturer or certificate holder, it
      proficiency checks appears in                            certificate holder under part 121 or 135              would then become the program
      § 91.1071(a).                                            may be used in subpart K operations.                  manager’s inspection program and
                                                               The language of § 91.1063 is broad                    require approval from the FAA for both
      Section 91.1075         Training Program:                                                                      the program and the use of the program.
      Special Rules                                            enough to cover these sections as well.
                                                               However, the FAA would want to                        However, if the program manager
        Alpha Flying states that proposed                      ensure that the training and testing                  elected to use the manufacturer’s or
      § 91.1075(b) could lead to an                            program elements are the same for both                certificate holder’s inspection program
      interpretation that only a part 142                      the fractional program and the part 121               in total, the program manager would
      certificated training center could be                    or 135 operation. Where there are                     request approval from the FAA to use
      used as a contractor for training. The                   differences in the training and testing               the inspection program, but the
      Pilatus PC–12 is one aircraft for which                  provisions of these programs, the check               inspection program itself would remain
      there is no part 142 training center.                    pilot or flight instructor must be trained            controlled by the manufacturer or
      Alpha believes that it was not the intent                and tested with respect to those                      certificate holder. To clarify this intent,
      of the FOARC to prohibit the program                     differences.                                          ‘‘derived’’ should be replaced with
      manager from conducting training                                                                               ‘‘derived or adopted.’’ For clarity, ‘‘area
      (under subparagraph (a)), using the                      Section 91.1101 Pilots: Initial,                      in which the aircraft is based’’ should be
      services of a professional training center               Transition, and Upgrade Ground                        replaced with ‘‘program manager.’’
      for portions of the training, if approved                Training                                              Program managers will manage the
      by the FAA inspector with jurisdiction                      EJA states that proposed § 91.1101                 aircraft inspection programs.
      over the management specifications. It                   was adopted from current § 135.345, but                  NATA and Flexjet state that it was the
      would be in the interest of air safety to                that § 91.1101 does not include the                   FOARC’s intent to allow the use of
      have a recognized professional program                   requirement that initial, transition, and             continuous airworthiness maintenance
      fulfill the requirements of § 91.1075                    upgrade ground training must include                  programs and continuous airworthiness
      even if not part 142 certificated, if                    training on ‘‘the approved Aircraft                   inspection programs under proposed
      equivalent training effectiveness could                  Flight Manual or equivalent.’’ EJA                    subpart K. To make this clear they
      be demonstrated to the satisfaction of                   believes this phrase should be added to               recommend a total rewrite of proposed
      the FSDO.                                                § 91.1101.                                            § 91.1109 and also amendment of


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      numerous related sections throughout                     § 91.401, have been made to allow the                 types of training may be ‘‘appropriate’’
      14 CFR.                                                  use of a complete CAMP in a fractional                (that is OJT, formal, classroom, etc.)
         According to EJA, proposed § 91.1109                  ownership program. Fractional                         then that should be specified. If the
      requires the ‘‘operator or program                       ownership program managers who elect                  intention is that maintenance personnel
      manager’’ to establish an aircraft                       to provide maintenance under a CAMP                   attend formal maintenance training
      inspection program. Since the NPRM                       must meet maintenance requirements                    annually, such as Flight Safety, then a
      requires the owner and program                           that are equivalent to those that part 121            twelve-month frequency may be
      manager be jointly responsible for the                   and 135 operations that have a CAMP                   excessive. A more appropriate
      airworthiness of program aircraft, this                  must meet. These include reporting                    frequency would be twenty-four
      commenter recommends that § 91.1109                      requirements, mechanical interruption                 months.
      refer to the ‘‘owner or program                          summary reports, service difficulty                      PASS believes that maintenance
      manager.’’                                               reports, employment of a Director of                  personnel should be certificated and
         FAA Response: A new section                           Maintenance and Chief Inspector,                      qualified in accordance with part 65.
      specifying the responsibility for                        required inspection personnel,                        Maintenance training should be
      airworthiness, as suggested by PASS, is                  continuing analysis and surveillance                  documented in a training file for each
      not necessary because this topic is                      program, maintenance recordkeeping                    employee of the program management
      covered by § 91.1011, which addresses                    requirements, and the use of                          company and available to the
      the shared responsibilities of the owner                 airworthiness releases. With the use of               Administrator for inspection.
      and the program manager for                              a CAMP, the program manager will                         FAA Response: The commenters’
      compliance with all applicable                           realize many of the same benefits that                concerns about this section are
      requirements of this chapter, ‘‘including                current part 121 and 135 operators have,              unwarranted. The initial and recurrent
      those related to airworthiness.’’                        such as continuing authorization to                   training would be specific to the aircraft
      Likewise, it is not necessary to require                 issue special flight permits as per                   type and appropriate in content and
      in subpart K that persons performing                     § 21.197 and the use of reliability                   length for the responsibilities of the
      required inspections or maintenance be                   programs.                                             maintenance personnel being trained.
      appropriately certificated and qualified,                   As noted by a commenter, the                       This training can be conducted using a
      because that topic is covered by part 43.                reference to the ‘‘operator or program                variety of methods, including classroom
         The commenters’ concern that                          manager’’ is incorrect. Although the                  training, on-the-job training, individual
      § 91.1109 could require the                              owner is ultimately responsible for safe              instruction, etc. Certification and
      development of a completely new                          operations, the final rule refers only to             qualification under part 65 would be a
      inspection program is incorrect, because                 the program manager, because it is the                prerequisite to performing maintenance
      paragraph (b) clearly states that the                    program manager who is delegated                      responsibilities. The FAA is developing
      program must be derived from an                          responsibility under §§ 91.1023 and                   guidance on training for maintenance
      existing program, which may be the                       91.1025 for the program operating                     personnel that will specify what
      program recommended by the aircraft                      manual, which contains the approved                   training programs would be considered
      manufacturer. The word ‘‘derived’’ is                    aircraft inspection program. Also the                 adequate and will recommend
      more appropriate than ‘‘derived or                       phrase ‘‘area in which the aircraft is                recordkeeping standards to help
      adopted’’ because the manufacturer’s                     based’’ has been changed to clarify that              inspectors evaluate the adequacy of the
      program alone may not be adequate for                    the inspection program is approved by                 training programs on an ongoing basis.
      a particular operation. Also, the                        the FSDO that issued the management
      program must include any maintenance                                                                           Section 91.1115 Minimum Equipment
                                                               specifications.                                       Lists and Letters of Authorization
      instructions in STC’s for any
      modifications that were made to the                      Section 91.1111 Maintenance Training                    PASS believes that a statement needs
      aircraft. For these reasons, the program                    EJA states that proposed § 91.1111                 to be added to this section that the
      manager needs to present the aircraft                    uses the same terminology as the                      Administrator will approve or deny any
      inspection program to the FAA for                        equivalent provisions for crewmember                  Minimum Equipment Lists, Letters of
      review and approval.                                     training, which could lead to confusion               Authorization, Dispatch Deviation
         In response to the comment about the                  due to the defined terms used for                     Guides, Deferred Discrepancy Lists or
      use of continuous airworthiness                          crewmember training, and the differing                any other approvals covering the
      maintenance programs (CAMP), the                         training requirements used for                        program aircraft.
      commenters are correct that the                          maintenance personnel. EJA states that                  EJA states that the proposed rule does
      proposed rule language did not fully                     using slightly different terminology will             not address the use of a minimum
      authorize the use of a CAMP to the                       help ensure that the requirements are                 equipment list or configuration
      inspection program within a CAMP.                        not confused. Specifically, EJA proposes              deviation list as envisioned by the
      Although § 91.1109, as proposed, would                   that such personnel be required to                    FOARC. The preamble states that ‘‘The
      allow ‘‘An inspection program that is                    ‘‘undergo appropriate training prior to               FOARC recommended that approvals
      part of a continuous airworthiness                       exercising those responsibilities’’                   for fractional ownership operations
      maintenance program currently in use                     instead of being required to ‘‘undergo                (such as MEL’s, RVSM (reduced vertical
      by a person holding an air carrier or                    appropriate initial and annual recurrent              separation minimum airspace), manual
      operating certificate issued under part                  training.’’ EJA also recommends adding,               reviews and maintenance programs) be
      119 of this chapter and operating that                   ‘‘The program manager shall ensure that               conducted through a process similar to
      make and model aircraft under part 121                   these personnel undergo annual                        part 135 and/or part 121 processes and
      or 135 of this chapter’’ the FAA agrees                  refresher training, as applicable.’’                  procedures, as appropriate’’. EJA states
      that this option should be expanded in                      Similarly, NWJ and an individual                   that a new section should be added to
      the final rule. The final rule has been                  comment that the requirement for                      mirror § 135.179 and a conforming
      rewritten, new §§ 91.1411–91.1443 have                   maintenance personnel to ‘‘undergo                    amendment should be made to § 91.213.
      been added (based on subpart J of part                   appropriate initial and annual recurrent              Additionally, program managers who
      135), and editorial and applicability                    training * * *’’ may be too broad a                   also hold a part 121 or 135 certificate
      changes to other sections, including                     statement. If the intention is that several           should be permitted to use the MEL’s/


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      54552           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      CDL’s approved for those operations, as                  holder to determine applicability. There              the instrument approach procedures
      applicable.                                              is a high likelihood that those                       that fractional ownership programs will
         FAA Response: The FOARC                               interpretations might be different. A                 follow.
      recommended and the FAA agrees that                      simpler and clearer solution would be to
                                                                                                                     Section 135.247 Pilot Qualifications:
      a process similar to that used for part                  revise § 135.99 to include the applicable
                                                                                                                     Recent Experience
      121 and 135 operators should be used                     requirements of §§ 91.1053 and 91.1055
      to approve operations documents,                         using the terminology of part 135.                       Kaiser Air, Inc. supports the proposed
      authorizations, and approvals. Specific                     NATA believes that it was the                      changes to § 135.247, but is concerned
      sections in subpart K refer to those                     intention of the FOARC to require                     that the words ‘‘each airplane’’ and
      items that must be approved or accepted                  eligible on-demand operators to have                  ‘‘that airplane’’ will be misinterpreted as
      by the FAA. The actual approval will be                  two-pilot crews when exercising the                   meaning the specific serial numbered
      given to the program manager on behalf                   privileges of an eligible on-demand                   aircraft, rather than by category, class,
      of the fractional owners. The specific                   operator. While the proposed                          and type. Similarly, the rule should
      approval processes and procedures will                   regulations require compliance with the               state whether ‘‘* * * more than one
      be in guidance documents that will be                    more stringent pilot experience and                   crewmember’’ is required by type design
      completed on the effective date of this                  crew pairing requirements, a two-pilot                or by operating rule.
      rule. The guidance will reflect a level of               crew is not specifically required.                       FAA Response: The FAA agrees with
      oversight and approval that is                           Proposed § 91.1049 (d) requires two-                  these comments and has changed the
      equivalent to that provided to part 121                  pilot crews in fractional program                     final rule to clarify that the
      and 135 operations.                                      operations. Therefore, to fulfill the                 requirements of paragraph (a)(3) apply
         The FAA also agrees that proposed                     intent and spirit of the FOARC, NATA                  to airplanes that are type certificated for
      § 91.1115 does not adequately describe                   recommends amending proposed                          more than one pilot crewmember and to
      the procedures and approvals needed                      § 135.1 to specifically include a                     pilots qualifying in each airplane type.
      for operating an aircraft with inoperable                reference to the flight crew complement
      instruments or equipment. As                             requirements of § 91.1049.                            Section 135.299    Pilot in Command:
      suggested, the final rule replaces the                      NATA also notes that the FAA’s                     Line Checks
      proposed language with a new section                     ability to grant deviations from certain                 NATA strongly endorses an
      modeled on § 135.179. The proposed                       requirements where appropriate based                  amendment to § 135.299 that would
      language stating that all approvals,                     on the size and complexity of the
                                                                                                                     establish an alternate means of
      including MEL’s, are issued to the                       operation or other relevant factors was
                                                                                                                     compliance with the regulation by
      program manager and are not affected                     critical to the FOARC deliberations.
                                                                                                                     permitting certificate holders to utilize
      by changes in ownership has been                         This commenter believes that it was
                                                                                                                     simulation technologies. § 135.299(a)
      included in § 91.1011(b). The new                        FOARC’s intent to provide access to
                                                                                                                     requires each pilot to pass a flight check
      section also specifies that aircraft                     these same deviations for part 135
                                                                                                                     annually. NATA believes that a well run
      covered by an MEL for part 121 or part                   operators to the extent that they are
                                                                                                                     line check program can provide
                                                               present in proposed §§ 91.1049(d),
      135 operations must not have a                                                                                 detection of deficiencies and adverse
                                                               91.1053 and 91.1055.
      separately approved MEL under subpart                                                                          trends and establish the need for a
                                                                  Kaiser Air, Inc. states that for
      K, because the FAA issues only one                       clarification the language in § 135.1(b)              revision of old procedures or an
      MEL for each aircraft. If the aircraft is                should emphasize an eligible crew                     initiation of new procedures by the
      used under part 121 or 135, the MEL                      rather than eligible operator. An eligible            certificate holder. Further, NATA
      would be issued under that part.                         operator may have several crews that                  believes that current simulation
         The FAA agrees with the suggestion                    may or may not be eligible themselves.                technology can provide a checking
      by EJA that § 91.213(c) should refer to                  Furthermore, Kaiser states that                       environment that would afford a level of
      part 91, subpart K, and has made this                    § 91.1055(c) should not be applicable to              safety equal to that currently provided
      change in the final rule.                                ‘‘Eligible On-Demand Operators.’’ Kaiser              by § 135.299.
      Part 91, Appendix G Reduced Vertical                     states that it is not a part 135                         The majority of the § 135.299 line
      Separation Minimum Airspace                              requirement now and is onerous to be                  checks conducted in on-demand air
                                                               added to the eligibility requirements.                carrier operations are on flights that are
         EJA states that, since Reduced                                                                              dispatched for the sole purpose of
                                                               Kaiser questions how this rule would be
      Vertical Separation Minimum                                                                                    accomplishing that check. Unlike
                                                               interpreted and asks for clarification on
      (‘‘RVSM’’) standards may be used by                                                                            scheduled air carrier operations
                                                               whether paragraph (c) applies to SIC’s,
      fractionally-owned aircraft, Appendix G                                                                        conducted under part 121, where these
                                                               who do not require a type rating.
      to part 91 should reflect the existence of                  FAA Response: The FAA agrees that                  checks are conducted during revenue
      part 91, subpart K.                                      the proposed change to § 135.1 did not                operations, the on-demand operator
         FAA Response: The FAA agrees with                     clearly spell out the requirements that               must bear the total cost of the check.
      the EJA and has amended appendix G                       apply to eligible on-demand operators.                This puts the on-demand carrier at an
      in the final rule to include references to               In the final rule, these requirements                 economic disadvantage. Additionally,
      subpart K in sections 3(a) and (3)(b) and                have been moved to a new § 135.4 that                 there is no line check requirement for
      in the introductory paragraph to section                 describes, rather than cross-referencing,             any aircraft operated under part 91.
      7.                                                       the attributes of eligible on-demand                     NATA believes that crews
      Part 135                                                 operations, including the requirement                 professionally trained in the
                                                               for a two-pilot crew. Section 135.4                   operationally realistic environment of
      Applicability                                            incorporates the requirements of                      advanced simulation, and
        EJA states that the reference to                       §§ 91.1049(d), 91.1053, and 91.1055,                  comprehensively checked in ways not
      §§ 91.1053 and 91.1055 in proposed                       including the provision for deviations,               possible in the airplane, are better
      § 135.1(b) may create confusion that will                that part 135 operators must comply                   disciplined and better prepared to meet
      require interpretation by the                            with in order to be eligible to conduct               the challenges of flight than those
      Administrator and/or the certificate                     operations using the same standards for               trained in airplanes.


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         Similarly, a pilot comments on the                    Beyond the Scope                                      implications relating to citizenship and
      expense of the line check, which he                         An individual commenter                            registration requirements that would
      believes does not effectively check                      recommends that the complete text of                  require further study and future
      competency. He proposes that it either                   §§ 135.89, 135.93, and 135.100 should                 rulemaking, if warranted.
      be abolished or that the focus of the                                                                            The FAA agrees that the introduction
                                                               be included within new subpart K.
      check is shifted away from basic                            NATA recommends that a new                         of the Eclipse 500 will require the
      airmanship to quantifiable human                                                                               agency to reevaluate which operating
                                                               section be added (§ 91.1043 Aircraft
      factors issues with the opportunity to                                                                         requirements would be most
                                                               requirements) to allow the use of aircraft
      provide a somewhat non-threatening                                                                             appropriate for that airplane. At that
                                                               registered in other countries but are
      environment where the pilot being                                                                              time FAA will determine whether
                                                               legally permitted to operate in this
      checked has the chance to enhance his                                                                          rulemaking is necessary.
                                                               country in fractional owner programs.
      understanding of, and proficiency with,                  This commenter proposes language that                 Minor Conforming Changes
      company standard operating                               would require the aircraft to be
      procedures, human factors skills, etc.                                                                           The FAA finds it necessary to make
                                                               registered in a country that is a party to            minor changes by adding two rule
         FAA Response: While there is some
                                                               the convention on International Civil                 sections not presented in the NPRM:
      merit to the arguments presented on the
                                                               Aviation and to meet other                            Sections 21.197 (ferry flights) and
      line check requirements under part 135,
      this issue was not addressed in the                      requirements.                                         91.401 (applicability). In the case of
                                                                  Eclipse Aviation notes that scheduled              21.197, the change gives program
      NPRM process and therefore is beyond
                                                               operations under part 135 require,                    managers the same authority, to conduct
      the scope of the proposed changes and
      cannot be resolved in the final rule.                    pursuant to part 119, part 25 certificated            ferry flights for the purpose of
                                                               aircraft for turbo-fan operations. This is            maintenance, as is currently held by
      Miscellaneous                                            in contrast to the fact that piston                   part 121 and 135 operators who operate
         EJA states that throughout part 61,                   propeller and turboprop aircraft, that are            under continuous airworthiness
      individual pilots are allowed to satisfy                 not certified under part 25, may be                   maintenance programs. The change to
      basic training, checking, proficiency                    utilized in scheduled part 135                        section 91.401 will add part 91, subpart
      check, and other similar requirements                    operations. Certainly, when part 119                  K management specifications holders to
      by satisfying requirements completed                     and its related safety concerns were                  those who operate under a continuous
      under air carrier training programs. EJA                 formulated, aircraft such as the Eclipse              airworthiness maintenance program and
      recommends that these sections should                    500 did not exist. Clearly, this                      thus do not have to comply with certain
      be amended to give comparable credit                     commenter believes, the equipment and                 maintenance sections of part 91.
      for satisfying parallel requirements                     performance safety considerations that
                                                               influenced the part 25 requirement for                Paperwork Reduction Act
      under part 91, subpart K. The sections
      that EJA cites are §§ 61.55(d), 61.57,                   turbo-fan aircraft utilization in                        The amendment to 14 CFR part 91
      61.58, 61.63, 61.157, and 61.159.                        scheduled part 135 operations have                    contains information collection
         Similarly, EJA recommends that                        merit. However, the level of safety that              requirements. In accordance with the
      §§ 91.189 and 91.191 should be                           is available from a turbo-fan aircraft,               Paperwork Reduction Act of 1995, 44
      amended so that category II and III                      featuring state-of-the-art digital avionics,          U.S.C. 3501 et seq., the information
      operations will be approved through                      offers an order of magnitude                          collection requirements associated with
      Management Specifications and training                   improvement in safety over most, if not               this rule were submitted to the Office of
      and manual requirements will be met                      all, of the piston propeller and                      Management and Budget (OMB) for
      through part 91, subpart K.                              turboprop aircraft that may currently be              review.
         This commenter also points out that                   utilized in scheduled part 135                           According to the regulations
      if another rulemaking becomes final,                     operations. Eclipse requests that part                implementing the Paperwork Reduction
      first it will be necessary to include                    119 requirements concerning scheduled                 Act of 1995, (5 CFR 1320.8(b)(2)(vi)), an
      references to the ‘‘Decision Altitude’’ in               part 135 operations be evaluated in light             agency may not conduct or sponsor and
      proposed §§ 91.1039(c) and                               of the new generation of personal turbo-              a person is not required to respond to
      91.1101(a)(7).                                           fan aircraft that will appear on the                  a collection of information unless it
         FAA Response: The FAA agrees with                     aviation market over the next few years.              displays a currently valid OMB control
      these comments because the training,                        FAA Response: All of the issues above              number. The OMB control number for
      testing, manuals, and approval                           merit consideration, but they were not                this information collection will be
      processes in subpart K of part 91 are                    addressed in the NPRM, and therefore                  published in the Federal Register after
      equivalent to those in parts 121 and 135.                are beyond the scope of issues that can               it is approved by the Office of
      The FAA has made changes to the final                    be addressed in the final rule without                Management and Budget.
      rule to insert references in part 61                     additional notice and comment.                        Regulatory Evaluation Summary
      (except for § 61.57) to give credit for                     Fractional owner program managers
      training and checking requirements                       are encouraged to follow the standards                Overview
      accomplished under part 91, subpart K,                   in §§ 135.89, 135.93, and 135.100 for the               Proposed changes to Federal
      and in §§ 91.189 and 91.191 to allow for                 use of oxygen and autopilots and for                  regulations must undergo several
      approval of category II and III operations               crewmember duties, especially if the                  economic analyses. First, Executive
      through part 91, subpart K, Management                   program manager also conducts                         Order 12866 directs that each Federal
      Specifications. Also the term ‘‘Decision                 operations under part 135. However, it                agency propose or adopt a regulation
      Altitude’’ has been substituted for                      needs to be clearly specified in the                  only upon a reasoned determination
      ‘‘decision height’’ wherever it appears.                 manual and training program which                     that the benefits of the intended
      The FAA did not change § 61.57                           regulations and procedures are being                  regulation justify its costs. Second, the
      because subpart K does not contain                       followed.                                             Regulatory Flexibility Act of 1980
      recent experience requirements and                          NATA’s proposal to allow foreign                   requires agencies to analyze the
      therefore, subpart K pilots must follow                  registered aircraft to be operated in                 economic impact of regulatory changes
      the § 61.57 requirements.                                fractional owner programs has                         on small entities. Third, the Trade


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      Agreements Act (19 U.S.C. 2531–2533)                     2001 there were more than 3,500                       industry without an appreciable
      prohibits agencies from setting                          shareholders with almost 5,000 shares                 increase in safety.’’ The commenter
      standards that create unnecessary                        of more than 650 aircraft. Growth in                  continued ‘‘that the existing part 91
      obstacles to the foreign commerce of the                 fractional aircraft ownership programs                rules, along with the arms-length
      United States. In developing U.S.                        is expected to continue.                              contracts between informed fractional
      standards, the Trade Agreements Act                         The final rule is expected to impose               owners and program managers, allow
      also requires agencies to consider                       a total estimated cost of approximately               market forces to create the most efficient
      international standards and, where                       $133.2 million ($85.8 million,                        and appropriate safety-to-cost ratio.’’
      appropriate, use them as the basis of                    discounted) on fractional operations,                 While the commenter addressed various
      U.S. standards. Fourth, the Unfunded                     eligible on-demand air charter                        sections of the proposed rule, he/she
      Mandates Reform Act of 1995 requires                     operators, and the FAA over the 15-year               did not challenge specific proposed cost
      agencies to prepare a written assessment                 period from 2003 to 2017. Fractional                  estimates. In view of the lack of any
      of the costs, benefits, and other effects                aircraft ownership operations are                     specific cost data submitted by the
      of proposed or final rules that include                  expected to incur approximately $47.4                 commenter, the FAA cannot address
      a Federal mandate likely to result in the                million ($35.2 million, discounted), of               these comments.
      expenditure by State, local, or tribal                   these total costs complying with the                     NATA noted in a second filing that
      governments, in the aggregate, or by the                 regulatory requirements. Eligible on-                 ‘‘the issuance of the rule likely will have
      private sector, of $100 million or more                  demand part 135 air charter operators                 virtually no effect on the level of
      annually (adjusted for inflation).                       would incur compliance costs of                       operations by aircraft in fractional
         In conducting these analyses, the                     approximately $83 million ($48.3                      ownership programs, since the rule was
      Federal Aviation Administration (FAA)                    million, discounted) of these total costs.            drafted to reflect the practices of the
      has determined that the proposed rule                    The FAA is expected to incur estimated                current fractional ownership program
      (1) has benefits that do justify its costs,              costs of approximately $3.1 million                   operations. Rather, the growth of
      is not ‘‘a significant regulatory action’’               ($2.3 million, discounted),                           fractional ownership programs over the
      as defined in the Executive Order, and                   administering the rule.                               past two decades has been, and will
      is ‘‘significant’’ as defined in the                                                                           continue to be, attributable to American-
                                                               Comments
      Department of Transportation’s                                                                                 style business innovation, changes in
      Regulatory Policies and Procedures; (2)                     Some 231 entries (including some                   the economy, and increases in the
      will not have a significant impact on a                  duplicates) were received in response to              perceived benefits of traveling by
      substantial number of small entities; (3)                the NPRM. Three organizations                         private aircraft.’’
      will not constitute a barrier to                         endorsed the FAA’s initial regulatory
      international trade; and (4) does not                    evaluation and one individual                         Fractional Aircraft Ownership
      impose an unfunded mandate on State,                     expressed concern about the possible                  Operations Compliance Costs
      local, or tribal governments, or on the                  economic impact of adopting subpart K.                  Certain sections of the proposed rule
      private sector. These analyses are                       No commenters directly addressed                      are expected to impose compliance
      available in the docket and are                          specific proposed costs or revenue                    costs on fractional aircraft ownership
      summarized below.                                        opportunities contained in the                        operations. The FAA has analyzed these
                                                               preliminary regulatory evaluation. The                costs for a 15-year period, from 2003
      Background                                               National Air Transportation Association               through 2017. As required by the Office
         In October 1999, the FAA convened                     (NATA) stated ‘‘that the FAA’s                        of Management and Budget (OMB), the
      the Fractional Ownership Aviation                        regulatory and economic evaluations are               present value of this cost stream was
      Rulemaking Committee (FOARC) to                          accurate and valid’’. It continued:                   calculated using a discount factor of 7
      address the issues surrounding the                       ‘‘NATA, as the representative of many                 percent. All costs are expressed in 2001
      regulation of fractional aircraft                        of the entities that will be directly                 dollars. These compliance costs are
      ownership program operations. On                         regulated by the proposed regulation,                 summarized below.
      February 23, 2000, after extensive                       agrees with the FAA’s conclusion that
      discussions, and a review of all                         the benefits of the proposed regulation               Sections 91.519 Passenger Briefing,
      comments received from the public and                    justify its costs, that the regulation will           and 91.1035 Passenger Awareness
      operators, the FOARC presented                           not have a significant impact on a                       A fractional aircraft ownership
      rulemaking recommendations to the                        substantial number of small entities,                 program entity operating under part 91,
      FAA. These recommendations formed                        and that the regulation will not create a             subpart K will incur a one-time cost of
      the basis of the Notice of Proposed                      barrier to international trade’’.                     $105 for every aircraft for briefing cards
      Rulemaking (NPRM) entitled                               Bombardier Business Jet Solution                      plus an annual cost of $85 for every
      ‘‘Regulation of Fractional Aircraft                      (Flexjet) stated; ‘‘Flexjet supports the              aircraft to comply with the briefing
      Ownership Programs’’ (66 FR 37520,                       FAA regulatory and economic validity                  requirement. Over the 15-year period
      July 18, 2001). Comments were to be                      in the NPRM’’ and also included                       from 2003 to 2017, fractional aircraft
      received by October 16, 2001 but in                      NATA’s additional comments                            ownership operations collectively will
      response to several requests, the                        supporting the FAA’s regulatory                       incur compliance costs of
      comment period was extended to                           flexibility determination and trade                   approximately $880,000.
      November 16, 2001.                                       impact assessment. Executive Jet
         Since the inception of the fractional                 Aviation (EJA) stated, that as a member               Section 91.1003 Management Contract
      aircraft ownership program concept in                    of NATA’s Fractional Aircraft Business                Between Owner and Program Manager
      1986 the number of fractional aircraft                   Council, it ‘‘strongly supports all of the              A fractional aircraft ownership
      ownership program aircraft has                           general and specific comments on this                 program entity operating under part 91,
      increased substantially. As of early                     NPRM ‘‘provided by NATA. An                           subpart K will incur compliance costs
      2000, the leading fractional aircraft                    anonymous commenter stated his or her                 represented by attorney fees of $525 and
      ownership programs managed                               belief ‘‘that the proposed subpart K                  sundry expenses of $20 for each
      approximately 465 aircraft on behalf of                  could have an unintended, detrimental                 shareholder to comply with the
      3,446 shareholders and at the end of                     economic effect on the business aviation              requirement of the rule. Over the 15-


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                      54555

      year period from 2003 to 2017,                           only. Over the 15-year period from 2003               will incur compliance costs of $9,400 to
      fractional aircraft ownership operations                 to 2017, fractional aircraft ownership                operate a turbojet aircraft. Over the 15-
      (operating under part 91, subpart K)                     program operations collectively will                  year period from 2003 to 2017,
      collectively will incur compliance costs                 incur compliance costs of $125,000.                   fractional aircraft ownership program
      of approximately $152,000.                                                                                     operations collectively will incur
                                                               Section 91.1027         Recordkeeping 1
                                                                                                                     compliance costs of approximately
      Section 91.1013 Owner’s Operational                         A fractional aircraft ownership                    $68,000.
      Control Responsibilities                                 program entity operating under part 91,
        A fractional aircraft ownership                        subpart K will incur initial compliance               Section 91.1045 Additional Equipment
      program entity operating under part 91,                  costs of $5,250 in the first year of                  Requirements
      subpart K will incur compliance costs of                 operation only to establish a                            A fractional aircraft ownership
      $40 to brief each owner on the owner’s                   recordkeeping system. In addition, each               program entity operating under part 91,
      operational control responsibilities                     entity will incur an annual cost of $210              subpart K will incur compliance costs of
      upon signing an initial contract and                     to maintain each pilot’s records                      $156,750 for 30 percent of the year 2003
      upon renewal which is generally every                    including tracking flight and duty time               fleet only, as subsequent aircraft will be
      5 years. Over the 15-year period from                    and an additional $680 to prepare a load              appropriately equipped voluntarily by
      2003 to 2017, fractional aircraft                        manifest for each flight. Over the 15-                the manufacturer consistent with
      ownership operations (operating under                    year period from 2003 to 2017,                        regulatory requirements and evolving
      part 91, subpart K) collectively will                    fractional aircraft ownership program                 technology. Over the 15-year period
      incur compliance costs of                                operations collectively will incur                    from 2003 to 2017, fractional aircraft
      approximately $921,000.                                  compliance costs of $15.3 million.                    ownership program operations
                                                                                                                     (operating under part 91, subpart K)
      Section 91.1015 Management                               Section 91.1029         Flight Locating               collectively will incur compliance costs
      Specifications                                           Requirements                                          of approximately $20.2 million.
        A fractional aircraft ownership                           A fractional aircraft ownership
      program entity operating under part 91,                                                                        Section 91.1047 Drug and Alcohol
                                                               program entity operating under part 91,
      subpart K will incur compliance costs of                                                                       Misuse Education Program
                                                               subpart K will incur compliance costs of
      $125,400 in the first year of operation                  $210 in each year to prepare flight                     A fractional aircraft ownership
      and $6,270 annually in subsequent                        locating information for each flight that             program entity operating under part 91,
      years to comply with this requirement.                   is not on an FAA flight plan. Over the                subpart K will incur negligible costs of
      Over the 15-year period from 2003 to                     15-year period from 2003 to 2017,                     $3.30 per shareholder to comply with
      2017, fractional aircraft ownership                      fractional aircraft ownership program                 this requirement. Over the 15-year
      program operations (operating under                      operations collectively will incur                    period from 2003 to 2017, fractional
      part 91, subpart K) collectively will                    compliance costs of $27,000.                          aircraft ownership program operations
      incur compliance costs of                                                                                      (operating under part 91, subpart K)
      approximately $2.2 million.                              Section 91.1033         Operating Information         collectively will incur compliance costs
                                                               Required                                              of approximately $24,000.
      Section 91.1017 Amending Program
                                                                  A fractional aircraft ownership
      Manager’s Management Specifications                                                                            Section 91.1049 Personnel
                                                               program entity operating under part 91,
         A fractional aircraft ownership                       subpart K will incur compliance costs of                 A fractional aircraft ownership
      program entity operating under part 91,                  $345 in the first year of operation to                program entity operating under part 91,
      subpart K will incur compliance costs of                 develop cockpit checklists. Over the 15-              subpart K will incur annual costs of
      $155 annually to comply with this                        year period from 2003 to 2017,                        $180 to publish monthly flight
      requirement. Over the 15-year period                     fractional aircraft ownership program                 crewmember duty schedules. Over the
      from 2003 to 2017, fractional aircraft                   operations collectively will incur                    15-year period from 2003 to 2017,
      ownership program operations                             compliance costs of $44,500.                          fractional aircraft ownership program
      (operating under part 91, subpart K)                                                                           operations (operating under part 91,
      collectively will incur compliance costs                 Section 91.1035         Passenger Awareness           subpart K) collectively will incur
      of approximately $20,000.                                  A fractional aircraft ownership                     compliance costs of approximately
                                                               program entity operating under part 91,               $23,000.
      Section 91.1021 Internal Safety
      Reporting                                                subpart K will incur compliance costs of              Section 91.1051 Pilot Safety
                                                               $85 per aircraft annually to provide                  Background Check
        A fractional aircraft ownership                        briefings. Over the 15-year period from
      program entity operating under part 91,                  2003 to 2017, fractional aircraft                        A fractional aircraft ownership
      subpart K will incur compliance costs of                 ownership program operations                          program entity operating under part 91,
      $430 in the first year of operation only.                collectively will incur compliance costs              subpart K will incur a one-time cost of
      Over the 15-year period from 2003 to                     of approximately $791,000.                            $4.50 to request personnel information
      2017, fractional aircraft ownership                                                                            for each pilot. Over the 15-year period
      program operations (operating under                      Section 91.1041         Aircraft Proving Tests        from 2003 to 2017, fractional aircraft
      part 91, subpart K) collectively will                      An existing fractional aircraft                     ownership program operations
      incur compliance costs of                                ownership program entity operating                    (operating under part 91, subpart K)
      approximately $5,000.                                    under part 91, subpart K will incur                   collectively will incur compliance costs
                                                               demonstration costs of $2,000 in lieu of              of approximately $17,000.
      Section 91.1023 Program Operating
      Manual Requirements                                      proving tests in the first year of                    Section 91.1057 Flight, Duty, and Rest
                                                               operation to demonstrate their ability to             Time Requirements
        A fractional aircraft ownership                        conduct safe operations. New entities
      program entity operating under part 91,                                                                          A fractional aircraft ownership
      subpart K will incur compliance costs of                    1 Captures recordkeeping compliance costs          program entity operating under part 91,
      $10,450 in the first year of operation                   attributable to §§ 91.1057 and 91.1061.               subpart K will incur recordkeeping costs


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      to comply with this requirement. These                   Sections 91.1063 through 91.1107                      practices that exceed part 91
      costs are captured in the analysis of                    Various Training                                      requirements. The FAA believes that the
      § 91.1027.                                                 A fractional aircraft ownership                     standards of subpart K are necessary to
      Section 91.1059 Flight Time                              program entity operating under part 91,               assure the continued safety of
      Limitations and Rest Requirements: One                   subpart K will incur compliance costs of              operations for a fairly new and rapidly
      or Two Pilot Crews                                       $209,000 in the first year of operation               growing segment of aviation by placing
                                                               only. Over the 15-year period from 2003               regulatory limits on operations that
         A fractional aircraft ownership                       to 2017, fractional aircraft ownership                qualify as ‘‘fractional aircraft ownership
      program entity operating under part 91,                  program operations collectively will                  program’’, and by clearly delineating the
      subpart K will incur limits on ultra-long                incur compliance costs of $2.5 million.               safety responsibilities of fractional
      range flights. The FAA has deleted the                                                                         owners and fractional ownership
      proposed planned expanded duty                           Section 91.1115 Minimum Equipment
                                                                                                                     program managers.
      definition and the proposed limits for                   Lists and Letters of Authorization
      such duty in §§ 91.1059 and 91.1061                        A fractional aircraft ownership                     Other Impacts of the Proposed Rule
      and instead is applying limits for                       program entity operating under part 91,
                                                                                                                        Cost savings may be realized by
      augmented crews in § 91.1061 that are                    subpart K will incur costs of $5,225 in
      similar to those currently required in                                                                         fractional aircraft ownership program
                                                               the first year of operation only to
      § 135.269 for unscheduled 3-or 4-pilot                   comply with this requirement.                         entities and ‘‘eligible on-demand’’ air
      crews. The FAA estimates that this                       Negligible compliance costs will be                   charter operations as a result of the final
      change will result in a cost of $1,600 for               incurred in subsequent years of                       rule. Eligible on-demand air charter will
      each ultra-long range flight. Over the 15-               operation and are estimated as to be                  incur costs if they are to realize the cost
      year period from 2003 to 2017,                           zero. Over the 15-year period from 2003               savings. The impacts are summarized
      fractional aircraft ownership program                    to 2017, fractional aircraft ownership                below.
      operations collectively will incur                       operations collectively will incur                    Sections 61.57 Exceptions, and
      compliance costs of $3.6 million.                        compliance costs of $63,000.                          135.247 Pilot Qualifications: Recent
      Section 91.1061         Augmented Flight                 Federal Aviation Administration Costs                 Experience
      Crews                                                       The current FAA workforce will be                     A fractional aircraft ownership
        A fractional aircraft ownership                        sufficient to perform the monitoring and              program entity operating under either
      program entity operating under part 91,                  surveillance activities associated with               part 91, subpart K or part 135 and
      subpart K will incur recordkeeping costs                 administering the requirements of the                 eligible on-demand part 135 entities
      to comply with this requirement. These                   rule. However, it will be necessary for               will realize annual cost savings of
      costs are captured in the analysis of                    the FAA to develop a training course                  $3,135 per pilot as a result of complying
      § 91.1027.2                                              and associated instructional materials to
                                                                                                                     with the requirement. Over the 15-year
                                                               educate its inspectors and supervisors
      Section 91.1062 Flight Duty Periods                                                                            period from 2003 to 2017, fractional
                                                               in their responsibilities to administer
      and Rest Requirements: Flight                                                                                  aircraft ownership program operations
                                                               the rule. Familiarization training by
      Attendants                                               either satellite broadcast or video will              collectively will realize cost savings of
                                                               be made available to all inspectors                   approximately $219.6 million. Eligible
         A fractional aircraft ownership                                                                             on-demand part 135 operators will
      program entity operating under part 91,                  while inspectors assigned to fractional
                                                               program operators will undergo a two-                 realize cost savings of approximately
      subpart K will incur limits on the                                                                             $452 million.
      scheduled duty period they may assign                    day training program. Accordingly, the
      a flight attendant who is defined in                     FAA estimates that it will incur                      Sections 91.509 Survival Equipment for
      § 91.1057 as an individual whose duties                  $730,000 in the first year to train its               Over-water Operations, and 135.167
      include but are not necessarily limited                  workforce appropriately, and will incur               Emergency Equipment: Extended Over-
      to safety-related responsibilities. It                   $20,000 in each subsequent year for                   water Operations
      includes individuals either required by                  initial training of newly assigned
      the program manager’s management                         inspectors. Additionally, the FAA will                  A fractional aircraft ownership
      specifications minimum crew                              incur $683,000 in the first year only to              program entity operating under either
      complement or in addition to that                        prepare and implement management                      part 91, subpart K or part 135 has the
      minimum. The FAA assumes, for the                        specifications for the requirements                   potential to realize cost savings of
      purposes of this analysis, that fractional               contained in the rule.                                approximately $3,660 per trip. The
                                                                  The FAA also estimates that it will                amount saved depends on the ability of
      program managers will elect the team
                                                               incur annual costs of $95,000. This cost              the entity to secure a deviation from this
      approach provided for in § 91.1062(b)(2)
                                                               is based on the time of existing FAA                  requirement. Similar per trip savings
      and therefore the duty limitation will
                                                               staff spent reviewing and processing                  would be available to eligible on-
      principally affect only ultra-long range
                                                               program information and clerical                      demand part 135 operators.
      flights. Over the 15-year period from
                                                               support to issue written approvals and
      2003 to 2017, fractional aircraft
                                                               authorizations submitted to the FAA as                Section 135.4    Eligible On-demand
      ownership program operations
                                                               identified in this document. Over the                 Operations
      (operating under part 91, subpart K)
                                                               15-year period from 2003 to 2017, the
      collectively will incur compliance costs                                                                         An ‘‘eligible on-demand’’ entity
                                                               FAA will incur costs of approximately
      of $500 per flight or a total of                                                                               operates turbine powered airplanes that
                                                               $3.1 million to administer the
      approximately $1.1 million.                                                                                    are type certificated for more than one
                                                               requirement of the rule.
                                                                                                                     pilot, have higher experienced pilots
         2 Operating costs associated with augmenting          Benefits                                              and have a crew pairing program. The
      flight crews, such as salaries, training, drug and
      alcohol misuse program, and other administrative
                                                                 Most fractional aircraft ownership                  estimated cost of these provisions over
      program costs are captured under the specific            program operations today are conducted                the 15-year period from 2003 to 2017 is
      requirements addressing these areas.                     in accordance with industry best                      approximately $82 million.


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      Section 135.145                Aircraft Proving Tests                      cost savings of approximately $34                                           million, discounted). Fractional aircraft
                                                                                 million over the 15-year period.                                            ownership program entities will incur
         A fractional aircraft ownership                                                                                                                     approximately $47.4 million ($35.2
      program entity operating under part 135                                    Sections 135.251 and 135.255 Testing
                                                                                                                                                             million, discounted) of these costs to
      will realize cost savings of $36,600 per                                   for Prohibited Drugs and Alcohol
                                                                                                                                                             comply with the requirements
      proving test complying with this                                              A fractional aircraft ownership                                          contained in the rule; while part 135
      requirement. Over the 15-year period                                       program entity operating under part 135                                     eligible on-demand entities will incur
      from 2003 to 2017, fractional aircraft                                     will realize $1,700 in cost savings and                                     $82.7 million ($48.3 million,
      ownership program operations (under                                        incur costs of $50 per occurrence as a                                      discounted) in compliance costs. The
      part 135) collectively will realize cost                                   result of this requirement. Over the 15-                                    FAA will incur total costs of
      savings of approximately $13.7 million.                                    year period from 2003 to 2017,                                              approximately $3.1 million ($2.3
      Eligible on-demand part 135 operators                                      fractional aircraft ownership program                                       million, discounted) to administer the
      will realize cost savings of                                               operations (operating under part 135)                                       rule. Fractional aircraft ownership
      approximately $92 million over the 15-                                     collectively will realize approximately                                     program entities will realize
      year period.                                                               $2.6 million in cost savings and incur                                      approximately $237.4 million in cost
      Section 135.225 IFR: Takeoff,                                              costs of approximately $50,000. Eligible                                    savings (entities operating under part
      Approach, and Landing                                                      on-demand part 135 operators will                                           91, subpart K will realize $132.4 million
                                                                                 realize $1,385 in cost savings and incur                                    ($75.6 million, discounted); entities
        A fractional aircraft ownership                                          costs of $50 per occurrence as a result                                     operating under part 135 will realize
      program entity operating under part 135                                    of this requirement. Over the 15-year                                       $105 million ($62.5 million,
      will realize $36,600 annually in cost                                      period these operators collectively will                                    discounted)) while eligible on-demand
      savings as a result of this requirement.                                   realize approximately $17 million in                                        part 135 operators will realize
      Over the 15-year period from 2003 to                                       cost savings and incur costs of                                             approximately $596 million ($370.3
      2017, fractional aircraft ownership                                        approximately $622,500.                                                     million, discounted) in cost savings.
      program operations (operating under                                                                                                                    The public is expected to benefit from
                                                                                 Summary of Costs, Cost Savings, and
      part 135) collectively will realize                                                                                                                    enhanced aviation safety directly
                                                                                 Benefits
      approximately $1.6 million in cost                                                                                                                     attributable to the proposed rule. These
      savings. Collectively, eligible on-                                          The total costs of the proposed rule                                      costs, cost savings, and benefits are
      demand part 135 operators will realize                                     are approximately $133.2 million ($85.8                                     summarized in Table S–1.

                                                        TABLE S–1.                SUMMARY OF COSTS, COST SAVINGS, AND BENEFITS
                                                                                                         [In 2001 dollars]

                                                                              Category                                                                                     Undiscounted         Discounted a

      Fractional Aircraft Ownership Program
      Operations Compliance Costs for Entities Operating Under:
          Part 91, Subpart K: ...............................................................................................................................                    $47,283,800       $35,123,400
          Part 135: ...............................................................................................................................................                   75,000            45,500

                Total ...............................................................................................................................................             47,358,800        35,168,900
      Eligible On-demand part 135 Operators .....................................................................................................                                 82,689,400        48,326,800
      FAA Administrative Costs ............................................................................................................................                        3,118,000         2,349,300

            Total Costs ...........................................................................................................................................              133,166,200        85,845,000

      Potential Costs Savings to Fractional Aircraft Ownership Program Entities Operating Under:
          Part 91, Subpart K: ...............................................................................................................................                    132,416,400        75,600,700
          Part 135: ...............................................................................................................................................              104,964,800        62,459,700

                Total ...............................................................................................................................................            237,381,200       138,060,400
      Eligible On-demand part 135 Operators .....................................................................................................                                595,909,700       370,307,000

          Total Cost Savings ...............................................................................................................................                  833,290,900          508,367,400
      Safety Benefits .............................................................................................................................................       Enhanced Safety      Enhanced Safety
         a Discounted        at 7 percent over a 15-year period from 2003 to 2017.


      Final Regulatory Flexibility                                               the Act requires agencies to solicit and                                    will, the agency must prepare a
      Determination                                                              consider flexible regulatory proposals                                      regulatory flexibility analysis as
                                                                                 and to explain the rationale for their                                      described in the Act.
        The Regulatory Flexibility Act of 1980
                                                                                 actions. The Act covers a wide-range of                                        However, if an agency determines that
      (RFA) establishes ‘‘as a principle of
      regulatory issuance that agencies shall                                    small entities, including small                                             a proposed or final rule is not expected
      endeavor, consistent with the objective                                    businesses, not-for-profit organizations,                                   to have a significant economic impact
      of the rule and applicable statutes, to fit                                and small governmental jurisdictions.                                       on a substantial number of small
      regulatory and informational                                                 Agencies must perform a review to                                         entities, section 605(b) of the 1980 act
      requirements to the scale of the                                           determine whether a proposed or final                                       provides that the head of the agency
      business, organizations, and                                               rule will have a significant economic                                       may so certify and a regulatory
      governmental jurisdictions subject to                                      impact on a substantial number of small                                     flexibility analysis is not required. The
      regulation.’’ To achieve that principle,                                   entities. If the determination is that it                                   certification must include a statement


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      54558           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      providing the factual basis for this                     objectives, such as safety, are not                   conflict with ICAO international
      determination, and the reasoning should                  considered unnecessary obstacles. The                 standards applicable to international
      be clear.                                                statute also requires consideration of                general aviation operations.
         The FAA has determined that the                       international standards and, where
      final rule will potentially impact 12                                                                          Environmental Analysis
                                                               appropriate, that they be the basis for
      small businesses and, for the purposes                   U.S. standards.                                         FAA Order 1050.1D defines the FAA
      of this analysis, has assumed all these                     In accordance with the above statute,              actions that may be categorically
      firms will operate under subpart K of                    the FAA has assessed the potential                    excluded from preparation of a National
      part 91 thus imposing on an entity                       effect of this proposed rule and has                  Environmental Policy Act (NEPA)
      average compliance costs of                              determined that it will impose the same               environmental assessment or
      approximately $3.9 million over the 15-                  costs on domestic entities and on                     environmental impact statement. In
      year period (in 2001 dollars). The                       international entities and thus has a                 accordance with the FAA Order
      annualized compliance cost to each                       neutral trade impact.                                 1050.1D, appendix 4, paragraph 4(j),
      small business will be approximately                                                                           this rulemaking action qualifies for a
      $321,350 (in 2001 dollars) which the                     Unfunded Mandates Act of 1995                         categorical exclusion.
      current operators have stated will be                    Assessment
      voluntarily incurred. Furthermore, 6 of                     The Unfunded Mandates Reform Act                   Energy Impact
      these 12 entities will be new entrants.                  of 1995 (the Act), enacted as Public Law                 The energy impact of this rule has
      The FAA has determined that the rule                     104–4 on March 22, 1995, is intended,                 been assessed in accordance with 42
      will potentially impose on each new                      among other things, to curb the practice              U.S.C. 6362, ‘‘Energy Conservation
      (small business) entrant a compliance                    of imposing unfunded Federal mandates                 Policies and Practices,’’ and Executive
      cost of approximately $617,400 over a                    on State, local, and tribal governments.              Order 13211, ‘‘Actions Concerning
      15-year period (in 2001 dollars). The                       Title II of the Act requires each                  Regulations That Significantly Affect
      annualized compliance cost to a new                      Federal agency to prepare a written                   Energy Supply, Distribution, or Use.’’ It
      entrant will be approximately $57,500                    statement assessing the effects of any                has been determined that the final rule
      (in 2001 dollars). The FAA does not                      Federal mandate in a proposed or final                is not a major regulatory action as
      have information on the revenues of                      rule that may result in a $100 million or             identified in 42 U.S.C. 6362 or is not a
      these small entrants but based on                        more expenditure (adjusted annually for               significant energy action, as defined in
      information about one of the current                     inflation) in any one year by State, local,           Executive Order 13211.
      operators, the FAA estimates that a                      and tribal governments, in the aggregate,
      program aircraft generates                                                                                     List of Subjects
                                                               or by the private sector; such a mandate
      approximately $4.6 million in revenues.                  is deemed to be a ‘‘significant regulatory            14 CFR Part 121
      If a new entrant has two aircraft, the                   action.’’                                               Air Carriers, Aircraft, Airmen,
      cost that this rule will impose on it is                    This proposed rule does not contain
                                                                                                                     Aviation safety, Charter flights,
      less than one percent of the approximate                 such a mandate. Therefore, the
                                                                                                                     Reporting and recordkeeping
      revenues generated by those two                          requirements of Title II of the Unfunded
                                                                                                                     requirements, Safety, Transportation.
      aircraft. The FAA therefore believes                     Mandates Reform Act of 1995 do not
      these costs will not have a significant                  apply.                                                14 CFR Part 61
      impact on small entrants. Hence, the                                                                             Aircraft, Airmen, Recreation and
                                                               Federalism Implications
      FAA has determined that the estimated                                                                          recreation areas, Reporting and
      compliance costs expected to be                            The regulations herein will not have
                                                                                                                     recordkeeping requirements.
      incurred by existing fractional aircraft                 substantial direct effects on the States,
      ownership programs and new entrants                      on the relationship between the national              14 CFR Part 91
      over the 15-year period will be                          government and the States, or on the                    Aircraft, Airworthiness directives and
      marginal.                                                distribution of power and                             standards, Aviation safety, Safety.
         Eligible on-demand part 135 operators                 responsibilities among the various
      who voluntarily elect to meet the                        levels of government. Therefore, in                   14 CFR Part 119
      requirement of part 135.4 will incur an                  accordance with Executive Order 13132,                  Administrative practice and
      annual cost of $1,725 for one-third of its               dated August 4, 1999, it is determined                procedure, Air carriers, Aircraft,
      pilots. Thus, an operator of a single                    that this rule will not have sufficient               Aviation safety, Charter flights,
      aircraft using three pilots will incur a                 federalism implications to warrant the                Reporting and recordkeeping
      total cost of $1,725 which is less than                  preparation of a Federalism Assessment.               requirements.
      the total cost of a single hour operating
                                                               Compatibility With ICAO Standards                     14 CFR Part 125
      the type of turbine powered aircraft that
      meet the requirements of part 135.4. The                   In keeping with U.S. obligations                      Aircraft, Airmen, Aviation safety,
      FAA therefore believes this cost will not                under the Convention of International                 Reporting and recordkeeping
      have a significant impact on small                       Civil Aviation, it is FAA policy to                   requirements.
      eligible on-demand entrants. Therefore,                  comply with the Standards and
                                                               Recommended Practices of the                          14 CFR Part 135
      the FAA certifies that the rule will not
      have a significant economic impact on                    International Civil Aviation                            Aircraft, Airplanes, Airworthiness,
      a substantial number of small entities.                  Organization (ICAO) to the maximum                    Airmen, Rotorcraft, Aviation safety,
                                                               extent practicable. ICAO does not                     Safety.
      International Trade Impact Assessment                    specifically address fractional
        The Trade Agreement Act of 1979                        ownership. However, in view of the                    14 CFR Part 142
      prohibits Federal agencies from                          FAA’s conclusion that fractional                        Training center.
      engaging in any standards or related                     ownership program operations                          The Amendment
      activities that create unnecessary                       conducted in conformity with subpart K
      obstacles to the foreign commerce of the                 of 14 CFR part 91 are general aviation                s In consideration of the foregoing, the
      United States. Legitimate domestic                       activities, this final rule does not                  Federal Aviation Administration


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                           54559

      amends parts 21, 61, 91, 119, 125, 135,                  are employees of that operator or                        (C) Within the preceding 90 days
      and 142 of title 14, Code of Federal                     fractional ownership program manager,                 prior to the operation of that airplane
      Regulations as follows:                                  as applicable;                                        that is type certificated for more than
                                                               *       *    *     *     *                            one pilot crewmember, the pilot must
      PART 21—CERTIFICATION                                       (e) Exceptions. * * *                              have accomplished and logged at least
      PROCEDURES FOR PRODUCTS AND                                 (3) Paragraph (b) of this section does             15 hours of flight time in the type of
      PARTS                                                    not apply to a pilot in command of a                  airplane that the pilot seeks to operate
      s 1. The authority citation for part 21                  turbine-powered airplane that is type                 under this alternative; and
                                                               certificated for more than one pilot                     (D) Within the preceding 12 months
      continues to read as follows:
                                                               crewmember, provided that pilot has                   prior to the month of the flight, the pilot
        Authority: 42 U.S.C. 7572; 49 U.S.C.                   complied with the requirements of                     must have completed a training program
      106(g); 40105, 40113, 44701–44702, 44707,                paragraph (e)(3)(i) or (ii) of this section:          that is approved under part 142 of this
      44709, 44711, 44713, 44715, 45303.                          (i) The pilot in command must hold                 chapter. The approved training program
      s 2. Amend § 21.197 by adding                            at least a commercial pilot certificate               must have required and the pilot must
      paragraph (c)(3) to read as follows:                     with the appropriate category, class, and             have performed, at least 6 takeoffs and
                                                               type rating for each airplane that is type            6 landings to a full stop as the sole
      § 21.197    Special flight permits.                      certificated for more than one pilot                  manipulator of the controls in a flight
      *     *    *     *     *                                 crewmember that the pilot seeks to                    simulator that is representative of a
        (c) * * *                                              operate under this alternative, and:                  turbine-powered airplane that requires
        (3) Management specification holders                      (A) That pilot must have logged at                 more than one pilot crewmember. The
      authorized to conduct operations under                   least 1,500 hours of aeronautical                     flight simulator’s visual system must
      part 91, subpart K, for those aircraft they              experience as a pilot;                                have been adjusted to represent the
      operate and maintain under a                                (B) In each airplane that is type                  period beginning 1 hour after sunset and
      continuous airworthiness maintenance                     certificated for more than one pilot                  ending 1 hour before sunrise.
      program prescribed by § 91.1411 of this                  crewmember that the pilot seeks to                    s 6. Amend § 61.58 by revising
      part.                                                    operate under this alternative, that pilot            paragraphs (b) and (c) to read as follows:
                                                               must have accomplished and logged the
      PART 61—CERTIFICATION: PILOTS,                           daytime takeoff and landing recent                    § 61.58 Pilot-in-command proficiency
      FLIGHT INSTRUCTORS, AND GROUND                           flight experience of paragraph (a) of this            check: Operation of aircraft requiring more
      INSTRUCTORS                                                                                                    than one pilot flight crewmember.
                                                               section, as the sole manipulator of the
                                                               flight controls;                                      *     *     *     *     *
      s 3. The authority citation for part 61                     (C) Within the preceding 90 days                     (b) This section does not apply to
      continues to read as follows:                            prior to the operation of that airplane               persons conducting operations under
        Authority: 49 U.S.C. 106(g), 40113, 44701–             that is type certificated for more than               subpart K of part 91, part 121, 125, 133,
      44703, 44707, 44709–44711, 45102–45103,                  one pilot crewmember, the pilot must                  135, or 137 of this chapter, or persons
      45301–45302.                                             have accomplished and logged at least                 maintaining continuing qualification
      s 4. Amend § 61.55 by revising                           15 hours of flight time in the type of                under an Advanced Qualification
      paragraphs (d)(1) and (2) to read as                     airplane that the pilot seeks to operate              program approved under SFAR 58.
                                                               under this alternative; and                             (c) The pilot-in-command proficiency
      follows:
                                                                  (D) That pilot has accomplished and                check given in accordance with the
      § 61.55 Second-in-command                                logged at least 3 takeoffs and 3 landings             provisions of subpart K of part 91, part
      qualifications.                                          to a full stop, as the sole manipulator of            121, 125, or 135 of this chapter may be
      *     *     *    *      *                                the flight controls, in a turbine-powered             used to satisfy the requirements of this
        (d) * * *                                              airplane that requires more than one                  section.
        (1) Designated and qualified as pilot                  pilot crewmember. The pilot must have                 *     *     *     *     *
      in command under subpart K of part 91,                   performed the takeoffs and landings                   s 7. Amend § 61.63 by revising the
      part 121, 125, or 135 of this chapter in                 during the period beginning 1 hour after              introductory text of paragraph (d)(7) and
      that specific type of aircraft;                          sunset and ending 1 hour before sunrise               paragraph (d)(7)(ii) to read as follows:
        (2) Designated as the second in                        within the preceding 6 months prior to
      command under subpart K of part 91,                                                                            § 61.63 Additional aircraft ratings (other
                                                               the month of the flight.
      part 121, 125, or 135 of this chapter in                                                                       than on an airline transport pilot certificate).
                                                                  (ii) The pilot in command must hold
      that specific type of aircraft;                          at least a commercial pilot certificate               *       *    *     *     *
      *     *     *    *      *                                with the appropriate category, class, and                (d) * * *
                                                               type rating for each airplane that is type               (7) In the case of a pilot employee of
      s 5. Amend § 61.57 by revising                                                                                 a certificate holder operating under part
      paragraphs (d)(2)(iii) and (e)(3) as                     certificated for more than one pilot
                                                               crewmember that the pilot seeks to                    121 or 135 of this chapter or of a
      follows:                                                                                                       fractional ownership program manager
                                                               operate under this alternative, and:
      § 61.57 Recent flight experience: Pilot in                  (A) That pilot must have logged at                 under subpart K of part 91 of this
      command.                                                 least 1,500 hours of aeronautical                     chapter, must have—
      *      *    *    *     *                                 experience as a pilot;                                *       *    *     *     *
        (d) Instrument proficiency check.                         (B) In each airplane that is type                     (ii) Received an endorsement in his or
      * * *                                                    certificated for more than one pilot                  her flight training record from the
        (2) * * *                                              crewmember that the pilot seeks to                    certificate holder or program manager
        (iii) A company check pilot who is                     operate under this alternative, that pilot            attesting that the applicant has
      authorized to conduct instrument flight                  must have accomplished and logged the                 completed the certificate holder’s or
      tests under part 121, 125, or 135 of this                daytime takeoff and landing recent                    program manager’s approved ground
      chapter or subpart K of part 91 of this                  flight experience of paragraph (a) of this            and flight training program appropriate
      chapter, and provided that both the                      section, as the sole manipulator of the               to the aircraft type rating sought.
      check pilot and the pilot being tested                   flight controls;                                      *       *    *     *     *


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      54560           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      s 8. Amend § 61.157 by revising                          s 11. Amend § 91.189 by revising                      owner or operator must, after
      paragraphs (c) and (f)(1) to read as                     paragraph (g) to read as follows:                     notification by the Administrator, make
      follows:                                                                                                       any changes in the program found to be
                                                               § 91.189 Category II and III operations:              necessary by the Administrator.
      § 61.157    Flight proficiency.                          General operating rules.
                                                                                                                     *     *     *     *     *
      *       *    *     *    *                                *     *      *     *     *
                                                                 (g) Paragraphs (a) through (f) of this                (c) The petition must be filed with the
         (c) Exceptions. A person who is
                                                               section do not apply to operations                    Director, Flight Standards Service
      applying for an aircraft type rating to be
      added to an airline transport pilot                      conducted by certificate holders                      within 30 days after the certificate
      certificate or an aircraft type rating                   operating under part 121, 125, 129, or                holder or fractional ownership program
      concurrently with an airline transport                   135 of this chapter, or holders of                    manager receives the notice.
      pilot certificate, and who is an                         management specifications issued in                   *     *     *     *     *
      employee of a certificate holder                         accordance with subpart K of this part.               s 16. Revise the title of subpart F to read
      operating under part 121 or 135 of this                  Holders of operations specifications or               as follows:
      chapter or of a fractional ownership                     management specifications may operate
      program manager operating under                          a civil aircraft in a Category II or                  Subpart F—Large and Turbine-
      subpart K of part 91 of this chapter,                    Category III operation only in                        Powered Multiengine Airplanes and
      need not comply with the requirements                    accordance with their operations                      Fractional Ownership Program Aircraft
      of paragraph (b) of this section if the                  specifications or management
                                                                                                                     s 17. Amend § 91.501 by revising
      applicant presents a training record that                specifications, as applicable.
      shows satisfactory completion of that                                                                          paragraph (a), republishing the
                                                               s 12. Amend § 91.191 by revising
      certificate holder’s or program                                                                                introductory text of paragraph (b) and
                                                               paragraph (c) to read as follows:                     adding paragraph (b)(10) to read as
      manager’s approved pilot-in-command
      training program for the aircraft type                   § 91.191    Category II and Category III              follows:
      rating sought.                                           manual.
                                                                                                                     § 91.501    Applicability.
      *       *    *     *    *                                *     *     *    *     *
                                                                 (c) This section does not apply to                     (a) This subpart prescribes operating
         (f) Proficiency and competency                                                                              rules, in addition to those prescribed in
      checks conducted under part 121, part                    operations conducted by a certificate
                                                               holder operating under part 121 or part               other subparts of this part, governing the
      135, or subpart K of part 91. (1)                                                                              operation of large airplanes of U.S.
      Successful completion of any of the                      135 of this chapter or a holder of
                                                               management specifications issued in                   registry, turbojet-powered multiengine
      following checks satisfy the                                                                                   civil airplanes of U.S. registry, and
      requirements of this section for the                     accordance with subpart K of this part.
                                                                                                                     fractional ownership program aircraft of
      appropriate aircraft rating:                             s 13. Amend § 91.213 by revising
                                                                                                                     U.S. registry that are operating under
         (i) A proficiency check under                         paragraph (c) to read as follows:
                                                                                                                     subpart K of this part in operations not
      § 121.441 of this chapter.                                                                                     involving common carriage. The
         (ii) Both a competency check under                    § 91.213 Inoperative instruments and
                                                               equipment.                                            operating rules in this subpart do not
      § 135.293 of this chapter and a pilot-in-
                                                               *      *    *    *      *                             apply to those aircraft when they are
      command instrument proficiency check
                                                                  (c) A person authorized to use an                  required to be operated under parts 121,
      under § 135.297 of this chapter.
         (iii) Both a competency check under                   approved Minimum Equipment List                       125, 129, 135, and 137 of this chapter.
      § 91.1065 of this chapter and a pilot-in-                issued for a specific aircraft under                  (Section 91.409 prescribes an inspection
      command instrument proficiency check                     subpart K of this part, part 121, 125, or             program for large and for turbine-
      under § 91.1069 of this chapter.                         135 of this chapter must use that                     powered (turbojet and turboprop)
                                                               Minimum Equipment List to comply                      multiengine airplanes and turbine-
      *       *    *     *    *                                                                                      powered rotorcraft of U.S. registry when
                                                               with the requirements in this section.
      s 9. Amend § 61.159 by revising                                                                                they are operated under this part or part
      paragraph (c)(1)(ii) to read as follows:                 *      *    *    *      *
                                                                                                                     129 or 137.)
                                                               s 14. Amend § 91.401 by revising
      § 61.159 Aeronautical experience: Airplane                                                                        (b) Operations that may be conducted
                                                               paragraph (b) as follows:
      category rating.                                                                                               under the rules in this subpart instead
      *      *    *    *     *                                 § 91.401    Applicability.                            of those in parts 121, 129, 135, and 137
        (c) * * *                                              *     *     *    *     *                              of this chapter when common carriage
        (1) * * *                                                (a) Sections 91.405, 91.409, 91.411,                is not involved, include—
        (ii) Engaged in operations under                       91.417, and 91.419 of this subpart do                 *       *     *     *    *
      subpart K of part 91, part 121, or part                  not apply to an aircraft maintained in                   (10) Any operation identified in
      135 of this chapter for which a second                   accordance with a continuous                          paragraphs (b)(1) through (b)(9) of this
      in command is required; or                               airworthiness maintenance program as                  section when conducted—
      *      *    *    *     *                                 provided in part 121, 129, or §§ 91.1411                 (i) By a fractional ownership program
                                                               or 135.411(a)(2) of this chapter.                     manager, or
      PART 91—GENERAL OPERATING AND                            *     *     *    *     *                                 (ii) By a fractional owner in a
      FLIGHT RULES                                             s 15. Amend § 91.415 by revising
                                                                                                                     fractional ownership program aircraft
      s 10. The authority citation for part 91                 paragraphs (a) and (c) as follows:                    operated under subpart K of this part,
      continues to read as follows:                                                                                  except that a flight under a joint
                                                               § 91.415 Changes to aircraft inspection               ownership arrangement under
        Authority: 49 U.S.C. 106(g), 1155, 40103,              programs.                                             paragraph (b)(6) of this section may not
      40113, 40120, 44101, 44111, 44701, 44709,
                                                                 (a) Whenever the Administrator finds                be conducted. For a flight under an
      44711, 44712, 44715, 44716, 44717, 44722,
      46306, 46315, 46316, 46504, 46506–46507,                 that revisions to an approved aircraft                interchange agreement under paragraph
      47122, 47508, 47528–47531, articles 12 and               inspection program under § 91.409(f)(4)               (b)(6) of this section, the exchange of
      29 of the Convention on International Civil              or § 91.1109 are necessary for the                    equal time for the operation must be
      Aviation (61 stat. 1180).                                continued adequacy of the program, the                properly accounted for as part of the


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                         54561

      total hours associated with the                          pilot who is designated as second in                  91.1071 Crewmember: Tests and checks,
      fractional owner’s share of ownership.                   command of that aircraft in accordance                    grace provisions, training to accepted
      *     *     *    *     *                                 with § 91.1049(d). The second in                          standards.
                                                               command must meet the experience                      91.1073 Training program: General.
      s 18. Amend § 91.509 by revising
                                                               requirements of § 91.1053.                            91.1075 Training program: Special rules.
      paragraphs (b) introductory text, (c), (d)                                                                     91.1077 Training program and revision:
      and (e) and adding paragraph (f) to read                 s 21. Add subpart K to part 91 of title 14
                                                                                                                         Initial and final approval.
      as follows:                                              Code of Federal Regulations to read as                91.1079 Training program: Curriculum.
                                                               follows:                                              91.1081 Crewmember training
      § 91.509 Survival equipment for overwater
      operations.                                              Subpart K—Fractional Ownership                            requirements.
                                                               Operations                                            91.1083 Crewmember emergency training.
      *      *     *     *     *                                                                                     91.1085 Hazardous materials recognition
         (b) Except as provided in paragraph                   Sec.
                                                               91.1001 Applicability.                                    training.
      (c) of this section, no person may take                                                                        91.1087 Approval of aircraft simulators and
                                                               91.1002 Compliance date.
      off an airplane for flight over water more               91.1003 Management contract between                       other training devices.
      than 30 minutes flying time or 100                            owner and program manager.                       91.1089 Qualifications: Check pilots
      nautical miles from the nearest shore,                   91.1005 Prohibitions and limitations.                     (aircraft) and check pilots (simulator).
      whichever is less, unless it has on board                91.1007 Flights conducted under part 121              91.1091 Qualifications: Flight instructors
      the following survival equipment:                             or part 135 of this chapter.                         (aircraft) and flight instructors
      *      *     *     *     *                               91.1009 Clarification of operational control.             (simulator).
         (c) A fractional ownership program                    91.1011 Operational control responsibilities          91.1093 Initial and transition training and
                                                                    and delegation.                                      checking: Check pilots (aircraft), check
      manager under subpart K of this part                     91.1013 Operational control briefing and
      may apply for a deviation from                                                                                     pilots (simulator).
                                                                    acknowledgment.                                  91.1095 Initial and transition training and
      paragraphs (b)(2) through (5) of this                    91.1014 Issuing or denying management
      section for a particular over water                                                                                checking: Flight instructors (aircraft),
                                                                    specifications.
                                                                                                                         flight instructors (simulator).
      operation or the Administrator may                       91.1015 Management specifications.
                                                               91.1017 Amending program manager’s                    91.1097 Pilot and flight attendant
      amend the management specifications
                                                                    management specifications.                           crewmember training programs.
      to require the carriage of all or any                                                                          91.1099 Crewmember initial and recurrent
      specific items of the equipment listed in                91.1019 Conducting tests and inspections.
                                                               91.1021 Internal safety reporting and                     training requirements.
      paragraphs (b)(2) through (5) of this                         incident/accident response.                      91.1101 Pilots: Initial, transition, and
      section.                                                 91.1023 Program operating manual                          upgrade ground training.
         (d) The required life rafts, life                          requirements.                                    91.1103 Pilots: Initial, transition, upgrade,
      preservers, and signaling devices must                   91.1025 Program operating manual                          requalification, and differences flight
      be installed in conspicuously marked                          contents.                                            training.
      locations and easily accessible in the                   91.1027 Recordkeeping.                                91.1105 Flight attendants: Initial and
      event of a ditching without appreciable                  91.1029 Flight scheduling and locating                    transition ground training.
      time for preparatory procedures.                              requirements.                                    91.1107 Recurrent training.
                                                               91.1031 Pilot in command or second in                 91.1109 Aircraft maintenance: Inspection
         (e) A survival kit, appropriately                          command: Designation required.
      equipped for the route to be flown, must                                                                           program.
                                                               91.1033 Operating information required.
      be attached to each required life raft.                                                                        91.1111 Maintenance training.
                                                               91.1035 Passenger awareness.
         (f) As used in this section, the term                 91.1037 Large transport category airplanes:           91.1113 Maintenance recordkeeping.
      shore means that area of the land                             Turbine engine powered; Limitations;             91.1115 Inoperable instruments and
      adjacent to the water that is above the                       Destination and alternate airports.                  equipment.
                                                               91.1039 IFR takeoff, approach and landing             91.1411 Continuous airworthiness
      high water mark and excludes land
                                                                    minimums.                                            maintenance program use by fractional
      areas that are intermittently under                                                                                ownership program manager.
                                                               91.1041 Aircraft proving and validation
      water.                                                                                                         91.1413 CAMP: Responsibility for
                                                                    tests.
      s 19. Amend § 91.519 by adding                           91.1043 [Reserved].                                       airworthiness.
      paragraph (d) as follows:                                91.1045 Additional equipment                          91.1415 CAMP: Mechanical reliability
                                                                    requirements.                                        reports.
      § 91.519    Passenger briefing.                          91.1047 Drug and alcohol misuse education             91.1417 CAMP: Mechanical interruption
      *     *      *    *     *                                     program.                                             summary report.
        (d) For operations under subpart K of                  91.1049 Personnel.                                    91.1423 CAMP: Maintenance organization.
      this part, the passenger briefing                        91.1051 Pilot safety background check.                91.1425 CAMP: Maintenance, preventive
      requirements of § 91.1035 apply, instead                 91.1053 Crewmember experience.                            maintenance, and alteration programs.
      of the requirements of paragraphs (a)                    91.1055 Pilot operating limitations and               91.1427 CAMP: Manual requirements.
                                                                    pairing requirement.                             91.1429 CAMP: Required inspection
      through (c) of this section.
                                                               91.1057 Flight, duty and rest time                        personnel.
      s 20. Amend § 91.531 by revising the                          requirements; All crewmembers.
      introductory text of paragraph (a) and                                                                         91.1431 CAMP: Continuing analysis and
                                                               91.1059 Flight time limitations and rest
                                                                                                                         surveillance.
      adding paragraph (d) to read as follows:                      requirements: One or two pilot crews.
                                                                                                                     91.1433 CAMP: Maintenance and
                                                               91.1061 Augmented flight crews.
      § 91.531 Second in command                               91.1062 Duty periods and rest                             preventive maintenance training
      requirements.                                                 requirements: Flight attendants.                     program.
        (a) Except as provided in paragraph                    91.1063 Testing and training: Applicability           91.1435 CAMP: Certificate requirements.
                                                                    and terms used.                                  91.1437 CAMP: Authority to perform and
      (b) and (d) of this section, no person
                                                               91.1065 Initial and recurrent pilot testing               approve maintenance.
      may operate the following airplanes
                                                                    requirements.                                    91.1439 CAMP: Maintenance recording
      without a pilot who is designated as                                                                               requirements.
                                                               91.1067 Initial and recurrent flight
      second in command of that airplane:                           attendant crewmember testing                     91.1441 CAMP: Transfer of maintenance
      *     *     *     *      *                                    requirements.                                        records.
        (d) No person may operate an aircraft                  91.1069 Flight crew: Instrument proficiency           91.1443 CAMP: Airworthiness release or
      under subpart K of this part without a                        check requirements.                                  aircraft maintenance log entry.



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      Subpart K—Fractional Ownership                               (ii) Two or more airworthy aircraft.                  (iii) Training and qualification of
      Operations                                                   (iii) One or more fractional owners                pilots and other crewmembers and
                                                                per program aircraft, with at least one               personnel;
      § 91.1001       Applicability.                            program aircraft having more than one                    (iv) Scheduling and coordination of
         (a) This subpart prescribes rules, in                  owner.                                                the program aircraft and crews;
      addition to those prescribed in other                        (iv) Possession of at least a minimum                 (v) Maintenance of program aircraft;
      subparts of this part, that apply to                      fractional ownership interest in one or                  (vi) Satisfaction of recordkeeping
      fractional owners and fractional                          more program aircraft by each fractional              requirements;
      ownership program managers                                owner.                                                   (vii) Development and use of a
      governing—                                                   (v) A dry-lease aircraft exchange                  program operations manual and
         (1) The provision of program
                                                                arrangement among all of the fractional               procedures; and
      management services in a fractional
                                                                owners.                                                  (viii) Application for and
      ownership program;
         (2) The operation of a fractional                         (vi) Multi-year program agreements                 maintenance of management
      ownership program aircraft in a                           covering the fractional ownership,                    specifications and other authorizations
      fractional ownership program; and                         fractional ownership program                          and approvals.
         (3) The operation of a program aircraft                management services, and dry-lease                       (9) A fractional ownership program
      included in a fractional ownership                        aircraft exchange aspects of the                      manager or program manager means the
      program managed by an affiliate of the                    program.                                              entity that offers fractional ownership
      manager of the program to which the                          (6) A fractional ownership program                 program management services to
      owner belongs.                                            aircraft or program aircraft means:                   fractional owners, and is designated in
         (b) As used in this part—                                 (i) An aircraft in which a fractional              the multi-year program agreements
         (1) Affiliate of a program manager                     owner has a minimal fractional                        referenced in paragraph (b)(1)(v) of this
      means a manager that, directly, or                        ownership interest and that has been                  section to fulfill the requirements of this
      indirectly, through one or more                           included in the dry-lease aircraft                    chapter applicable to the manager of the
      intermediaries, controls, is controlled                   exchange pursuant to the program                      program containing the aircraft being
      by, or is under common control with,                      agreements, or                                        flown. When a fractional owner is
      another program manager. The holding                         (ii) In the case of a fractional owner             operating an aircraft in a fractional
      of at least forty percent (40 percent) of                 from one program operating an aircraft                ownership program managed by an
      the equity and forty percent (40 percent)                 in a different fractional ownership                   affiliate of the owner’s program
      of the voting power of an entity will be                  program managed by an affiliate of the                manager, the references in this subpart
      presumed to constitute control for                        operating owner’s program manager, the                to the flight-related responsibilities of
      purposes of determining an affiliation                    aircraft being operated by the fractional             the program manager apply, with
      under this subpart.                                       owner, so long as the aircraft is:                    respect to that particular flight, to the
         (2) A dry-lease aircraft exchange                         (A) Included in the fractional                     affiliate of the owner’s program manager
      means an arrangement, documented by                       ownership program managed by the                      rather than to the owner’s program
      the written program agreements, under                     affiliate of the operating owner’s                    manager.
      which the program aircraft are available,                 program manager, and                                     (10) A minimum fractional ownership
      on an as needed basis without crew, to                       (B) Included in the operating owner’s              interest means—
      each fractional owner.                                    program’s dry-lease aircraft exchange                    (i) A fractional ownership interest
         (3) A fractional owner or owner means                  pursuant to the program agreements of                 equal to, or greater than, one-sixteenth
      an individual or entity that possesses a                  the operating owner’s program.                        (1⁄16) of at least one subsonic, fixed-wing
      minimum fractional ownership interest                                                                           or powered-lift program aircraft; or
                                                                   (iii) An aircraft owned in whole or in
      in a program aircraft and that has                                                                                 (ii) A fractional ownership interest
                                                                part by the program manager that has
      entered into the applicable program                                                                             equal to, or greater than, one-thirty-
                                                                been included in the dry-lease aircraft
      agreements; provided, however, that in                                                                          second (1⁄32) of at least one rotorcraft
                                                                exchange and is used to supplement
      the case of the flight operations                                                                               program aircraft.
                                                                program operations.
      described in paragraph (b)(6)(ii) of this                                                                          (c) The rules in this subpart that refer
      section, and solely for purposes of                          (7) A Fractional Ownership Program
                                                                Flight or Program Flight means a flight               to a fractional owner or a fractional
      requirements pertaining to those flight                                                                         ownership program manager also apply
      operations, the fractional owner                          under this subpart when one or more
                                                                passengers or property designated by a                to any person who engages in an
      operating the aircraft will be deemed to                                                                        operation governed by this subpart
      be a fractional owner in the program                      fractional owner are on board the
                                                                aircraft.                                             without the management specifications
      managed by the affiliate.                                                                                       required by this subpart.
         (4) A fractional ownership interest                       (8) Fractional ownership program
      means the ownership of an interest or                     management services or program                        § 91.1002    Compliance date.
      holding of a multi-year leasehold                         management services mean                                 No person that conducted flights
      interest and/or a multi-year leasehold                    administrative and aviation support                   before October 17, 2003 under a
      interest that is convertible into an                      services furnished in accordance with                 program that meets the definition of
      ownership interest in a program aircraft.                 the applicable requirements of this                   fractional ownership program in
         (5) A fractional ownership program or                  subpart or provided by the program                    § 91.1001 may conduct such flights after
      program means any system of aircraft                      manager on behalf of the fractional                   December 17, 2004 unless it has
      ownership and exchange that consists of                   owners, including, but not limited to,                obtained management specifications
      all of the following elements:                            the—                                                  under this subpart.
         (i) The provision for fractional                          (i) Establishment and implementation
      ownership program management                              of program safety guidelines;                         § 91.1003 Management contract between
      services by a single fractional ownership                    (ii) Employment, furnishing, or                    owner and program manager.
      program manager on behalf of the                          contracting of pilots and other                         Each owner must have a contract with
      fractional owners.                                        crewmembers;                                          the program manager that—


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        (a) Requires the program manager to                     135 of this chapter if the aircraft is listed         a program aircraft in the identified
      ensure that the program conforms to all                   on that certificate holder’s operations               program.
      applicable requirements of this chapter.                  specifications for part 121 or part 135,
        (b) Provides the owner the right to                     as applicable.                                        § 91.1013 Operational control briefing and
                                                                                                                      acknowledgment.
      inspect and to audit, or have a designee                    (c) The fractional owner must be
      of the owner inspect and audit, the                       informed when a flight is being                          (a) Upon the signing of an initial
      records of the program manager                            conducted as a program flight or is                   program management services contract,
      pertaining to the operational safety of                   being conducted under part 121 or part                or a renewal or extension of a program
      the program and those records required                    135 of this chapter.                                  management services contract, the
      to show compliance with the                                                                                     program manager must brief the
      management specifications and all                         Operational Control                                   fractional owner on the owner’s
      applicable regulations. These records                                                                           operational control responsibilities, and
                                                                § 91.1009    Clarification of operational
      include, but are not limited to, the                      control.                                              the owner must review and sign an
      management specifications,                                                                                      acknowledgment of these operational
                                                                   (a) An owner is in operational control             control responsibilities. The
      authorizations, approvals, manuals, log                   of a program flight when the owner—
      books, and maintenance records                                                                                  acknowledgment must be included with
                                                                   (1) Has the rights and is subject to the           the program management services
      maintained by the program manager.                        limitations set forth in §§ 91.1003
        (c) Designates the program manager as                                                                         contract. The acknowledgment must
                                                                through 91.1013;                                      define when a fractional owner is in
      the owner’s agent to receive service of                      (2) Has directed that a program
      notices pertaining to the program that                                                                          operational control and the owner’s
                                                                aircraft carry passengers or property                 responsibilities and liabilities under the
      the FAA seeks to provide to owners and                    designated by that owner; and
      authorizes the FAA to send such notices                                                                         program. These include:
                                                                   (3) The aircraft is carrying those                    (1) Responsibility for compliance with
      to the program manager in its capacity                    passengers or property.
      as the agent of the owner for such                                                                              the management specifications and all
                                                                   (b) An owner is not in operational                 applicable regulations.
      service.
                                                                control of a flight in the following                     (2) Enforcement actions for any
        (d) Acknowledges the FAA’s right to
                                                                circumstances:                                        noncompliance.
      contact the owner directly if the
                                                                   (1) A program aircraft is used for a                  (3) Liability risk in the event of a
      Administrator determines that direct
                                                                flight for administrative purposes such               flight-related occurrence that causes
      contact is necessary.
                                                                as demonstration, positioning, ferrying,              personal injury or property damage.
      § 91.1005       Prohibitions and limitations.             maintenance, or crew training, and no                    (b) The fractional owner’s signature
         (a) Except as provided in § 91.321 or                  passengers or property designated by                  on the acknowledgment will serve as
      § 91.501, no owner may carry persons or                   such owner are being carried; or                      the owner’s affirmation that the owner
      property for compensation or hire on a                       (2) The aircraft being used for the                has read, understands, and accepts the
      program flight.                                           flight is being operated under part 121               operational control responsibilities
         (b) During the term of the multi-year                  or 135 of this chapter.                               described in the acknowledgment.
      program agreements under which a                                                                                   (c) Each program manager must
                                                                § 91.1011 Operational control                         ensure that the fractional owner or
      fractional owner has obtained a                           responsibilities and delegation.
      minimum fractional ownership interest                                                                           owner’s representatives have access to
      in a program aircraft, the flight hours                     (a) Each owner in operational control               the acknowledgments for such owner’s
      used during that term by the owner on                     of a program flight is ultimately                     program aircraft. Each program manager
      program aircraft must not exceed the                      responsible for safe operations and for               must ensure that the FAA has access to
      total hours associated with the                           complying with all applicable                         the acknowledgments for all program
      fractional owner’s share of ownership.                    requirements of this chapter, including               aircraft.
         (c) No person may sell or lease an                     those related to airworthiness and
                                                                operations in connection with the flight.             Program Management
      aircraft interest in a fractional
      ownership program that is smaller than                    Each owner may delegate some or all of                § 91.1014 Issuing or denying management
      that prescribed in the definition of                      the performance of the tasks associated               specifications.
      ‘‘minimum fractional ownership                            with carrying out this responsibility to                 (a) A person applying to the
      interest’’ in § 91.1001(b)(10) unless                     the program manager, and may rely on                  Administrator for management
      flights associated with that interest are                 the program manager for aviation                      specifications under this subpart must
      operated under part 121 or 135 of this                    expertise and program management                      submit an application—
      chapter and are conducted by an air                       services. When the owner delegates                       (1) In a form and manner prescribed
      carrier or commercial operator                            performance of tasks to the program                   by the Administrator; and
      certificated under part 119 of this                       manager or relies on the program                         (2) Containing any information the
      chapter.                                                  manager’s expertise, the owner and the                Administrator requires the applicant to
                                                                program manager are jointly and                       submit.
      § 91.1007 Flights conducted under part                    individually responsible for                             (b) Management specifications will be
      121 or part 135 of this chapter.                          compliance.                                           issued to the program manager on behalf
         (a) Except as provided in § 91.501(b),                   (b) The management specifications,                  of the fractional owners if, after
      when a nonprogram aircraft is used to                     authorizations, and approvals required                investigation, the Administrator finds
      substitute for a program flight, the flight               by this subpart are issued to, and in the             that the applicant:
      must be operated in compliance with                       sole name of, the program manager on                     (1) Meets the applicable requirements
      part 121 or part 135 of this chapter, as                  behalf of the fractional owners                       of this subpart; and
      applicable.                                               collectively. The management                             (2) Is properly and adequately
         (b) A program manager who holds a                      specifications, authorizations, and                   equipped in accordance with the
      certificate under part 119 of this chapter                approvals will not be affected by any                 requirements of this chapter and is able
      may conduct a flight for the use of a                     change in ownership of a program                      to conduct safe operations under
      fractional owner under part 121 or part                   aircraft, as long as the aircraft remains             appropriate provisions of part 91 of this


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      chapter and management specifications                    owners available for inspection by the                will notify the program manager in
      issued under this subpart.                               Administrator.                                        writing of the proposed amendment.
         (c) An application for management                        (c) Management specifications issued                  (2) The Flight Standards District
      specifications will be denied if the                     under this subpart are effective unless—              Office that issued the program
      Administrator finds that the applicant is                   (1) The management specifications are              manager’s management specifications
      not properly or adequately equipped or                   amended as provided in § 91.1017; or                  will set a reasonable period (but not less
      is not able to conduct safe operations                      (2) The Administrator suspends or                  than 7 days) within which the program
      under this part.                                         revokes the management specifications.                manager may submit written
                                                                  (d) At least 30 days before it proposes            information, views, and arguments on
      § 91.1015       Management specifications.               to establish or change the location of its            the amendment.
         (a) Each person conducting operations                 principal base of operations, its main                   (3) After considering all material
      under this subpart or furnishing                         operations base, or its main                          presented, the Flight Standards District
      fractional ownership program                             maintenance base, a program manager                   Office that issued the program
      management services to fractional                        must provide written notification to the              manager’s management specifications
      owners must do so in accordance with                     Flight Standards District Office that                 will notify the program manager of—
      management specifications issued by                      issued the program manager’s                             (i) The adoption of the proposed
      the Administrator to the fractional                      management specifications.                            amendment,
      ownership program manager under this                        (e) Each program manager must                         (ii) The partial adoption of the
      subpart. Management specifications                       maintain a complete and separate set of               proposed amendment, or
      must include:                                            its management specifications at its                     (iii) The withdrawal of the proposed
         (1) The current list of all fractional                principal base of operations, or at a                 amendment.
      owners and types of aircraft, registration               place approved by the Administrator,                     (4) If the Flight Standards District
      markings and serial numbers;                             and must make its management                          Office that issued the program
         (2) The authorizations, limitations,                  specifications available for inspection               manager’s management specifications
      and certain procedures under which                       by the Administrator and the fractional               issues an amendment of the
      these operations are to be conducted,                    owner(s) to whom the program manager                  management specifications, it becomes
         (3) Certain other procedures under                    furnishes its services for review and                 effective not less than 30 days after the
      which each class and size of aircraft is                 audit.                                                program manager receives notice of it
      to be operated;                                             (f) Each program manager must insert               unless—
         (4) Authorization for an inspection                   pertinent excerpts of its management                     (i) The Flight Standards District Office
      program approved under § 91.1109,                        specifications, or references thereto, in             that issued the program manager’s
      including the type of aircraft, the                      its program manual and must—                          management specifications finds under
      registration markings and serial                            (1) Clearly identify each such excerpt             paragraph (e) of this section that there
      numbers of each aircraft to be operated                  as a part of its management                           is an emergency requiring immediate
      under the program. No person may                         specifications; and                                   action with respect to safety; or
      conduct any program flight using any                        (2) State that compliance with each                   (ii) The program manager petitions for
      aircraft not listed.                                     management specifications requirement                 reconsideration of the amendment
         (5) Time limitations, or standards for                is mandatory.                                         under paragraph (d) of this section.
      determining time limitations, for                           (g) Each program manager must keep                    (c) When the program manager
      overhauls, inspections, and checks for                   each of its employees and other persons               applies for an amendment to its
      airframes, engines, propellers, rotors,                  who perform duties material to its                    management specifications, the
      appliances, and emergency equipment                      operations informed of the provisions of              following procedure applies:
      of aircraft.                                             its management specifications that                       (1) The program manager must file an
         (6) The specific location of the                      apply to that employee’s or person’s                  application to amend its management
      program manager’s principal base of                      duties and responsibilities.                          specifications—
      operations and, if different, the address                                                                         (i) At least 90 days before the date
      that will serve as the primary point of                  § 91.1017 Amending program manager’s                  proposed by the applicant for the
      contact for correspondence between the                   management specifications.                            amendment to become effective, unless
      FAA and the program manager and the                         (a) The Administrator may amend any                a shorter time is approved, in cases such
      name and mailing address of the                          management specifications issued under                as mergers, acquisitions of operational
      program manager’s agent for service;                     this subpart if—                                      assets that require an additional
         (7) Other business names the program                     (1) The Administrator determines that              showing of safety (for example, proving
      manager may use;                                         safety and the public interest require the            tests or validation tests), and
         (8) Authorization for the method of                   amendment of any management                           resumption of operations following a
      controlling weight and balance of                        specifications; or                                    suspension of operations as a result of
      aircraft;                                                   (2) The program manager applies for                bankruptcy actions.
         (9) Any authorized deviation and                      the amendment of any management                          (ii) At least 15 days before the date
      exemption granted from any                               specifications, and the Administrator                 proposed by the applicant for the
      requirement of this chapter; and                         determines that safety and the public                 amendment to become effective in all
         (10) Any other information the                        interest allows the amendment.                        other cases.
      Administrator determines is necessary.                      (b) Except as provided in paragraph                   (2) The application must be submitted
         (b) The program manager may keep                      (e) of this section, when the                         to the Flight Standards District Office
      the current list of all fractional owners                Administrator initiates an amendment                  that issued the program manager’s
      required by paragraph (a)(1) of this                     of a program manager’s management                     management specifications in a form
      section at its principal base of operation               specifications, the following procedure               and manner prescribed by the
      or other location approved by the                        applies:                                              Administrator.
      Administrator and referenced in its                         (1) The Flight Standards District                     (3) After considering all material
      management specifications. Each                          Office that issued the program                        presented, the Flight Standards District
      program manager shall make this list of                  manager’s management specifications                   Office that issued the program


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      manager’s management specifications                      finding that an emergency exists                      manager’s management, flight, ground,
      will notify the program manager of—                      requiring immediate action with respect               and maintenance personnel must use
         (i) The adoption of the applied for                   to safety or that makes it impracticable              this manual to conduct operations
      amendment;                                               or contrary to the public interest to stay            under this subpart. However, the
         (ii) The partial adoption of the                      the effectiveness of the amendment.                   Administrator may authorize a
      applied for amendment; or                                                                                      deviation from this paragraph if the
         (iii) The denial of the applied for                   § 91.1019 Conducting tests and
                                                               inspections.
                                                                                                                     Administrator finds that, because of the
      amendment. The program manager may                                                                             limited size of the operation, part of the
      petition for reconsideration of a denial                    (a) At any time or place, the                      manual is not necessary for guidance of
      under paragraph (d) of this section.                     Administrator may conduct an                          management, flight, ground, or
         (4) If the Flight Standards District                  inspection or test, other than an en route            maintenance personnel.
      Office that issued the program                           inspection, to determine whether a
                                                                                                                        (b) Each program manager must
      manager’s management specifications                      program manager under this subpart is
                                                                                                                     maintain at least one copy of the manual
      approves the amendment, following                        complying with title 49 of the United
                                                                                                                     at its principal base of operations.
      coordination with the program manager                    States Code, applicable regulations, and
                                                                                                                        (c) No manual may be contrary to any
      regarding its implementation, the                        the program manager’s management
                                                                                                                     applicable U.S. regulations, foreign
      amendment is effective on the date the                   specifications.
                                                                  (b) The program manager must—                      regulations applicable to the program
      Administrator approves it.                                                                                     flights in foreign countries, or the
         (d) When a program manager seeks                         (1) Make available to the
                                                               Administrator at the program manager’s                program manager’s management
      reconsideration of a decision of the                                                                           specifications.
      Flight Standards District Office that                    principal base of operations, or at a
                                                               place approved by the Administrator,                     (d) The program manager must make
      issued the program manager’s                                                                                   a copy of the manual, or appropriate
      management specifications concerning                     the program manager’s management
                                                               specifications; and                                   portions of the manual (and changes
      the amendment of management                                                                                    and additions), available to its
      specifications, the following procedure                     (2) Allow the Administrator to make
                                                               any test or inspection, other than an en              maintenance and ground operations
      applies:                                                                                                       personnel and must furnish the manual
         (1) The program manager must                          route inspection, to determine
                                                               compliance respecting any matter stated               to—
      petition for reconsideration of that
                                                               in paragraph (a) of this section.                        (1) Its crewmembers; and
      decision within 30 days of the date that
                                                                  (c) Each employee of, or person used                  (2) Representatives of the
      the program manager receives a notice
                                                               by, the program manager who is                        Administrator assigned to the program
      of denial of the amendment of its
                                                               responsible for maintaining the program               manager.
      management specifications, or of the
      date it receives notice of an FAA-                       manager’s records required by or                         (e) Each employee of the program
      initiated amendment of its management                    necessary to demonstrate compliance                   manager to whom a manual or
      specifications, whichever circumstance                   with this subpart must make those                     appropriate portions of it are furnished
      applies.                                                 records available to the Administrator.               under paragraph (d)(1) of this section
         (2) The program manager must                             (d) The Administrator may determine                must keep it up-to-date with the
      address its petition to the Director,                    a program manager’s continued                         changes and additions furnished to
      Flight Standards Service.                                eligibility to hold its management                    them.
         (3) A petition for reconsideration, if                specifications on any grounds listed in                  (f) Except as provided in paragraph
      filed within the 30-day period, suspends                 paragraph (a) of this section, or any                 (h) of this section, the appropriate parts
      the effectiveness of any amendment                       other appropriate grounds.                            of the manual must be carried on each
      issued by the Flight Standards District                     (e) Failure by any program manager to              aircraft when away from the principal
      Office that issued the program                           make available to the Administrator                   operations base. The appropriate parts
      manager’s management specifications                      upon request, the management                          must be available for use by ground or
      unless that District Office has found,                   specifications, or any required record,               flight personnel.
      under paragraph (e) of this section, that                document, or report is grounds for                       (g) For the purpose of complying with
      an emergency exists requiring                            suspension of all or any part of the                  paragraph (d) of this section, a program
      immediate action with respect to safety.                 program manager’s management                          manager may furnish the persons listed
         (4) If a petition for reconsideration is              specifications.                                       therein with all or part of its manual in
      not filed within 30 days, the procedures                                                                       printed form or other form, acceptable
                                                               § 91.1021 Internal safety reporting and
      of paragraph (c) of this section apply.                  incident/accident response.                           to the Administrator, that is retrievable
         (e) If the Flight Standards District                                                                        in the English language. If the program
                                                                 (a) Each program manager must
      Office that issued the program                                                                                 manager furnishes all or part of the
                                                               establish an internal anonymous safety
      manager’s management specifications                                                                            manual in other than printed form, it
                                                               reporting procedure that fosters an
      finds that an emergency exists requiring                                                                       must ensure there is a compatible
                                                               environment of safety without any
      immediate action with respect to safety                                                                        reading device available to those
                                                               potential for retribution for filing the
      that makes the procedures set out in this                                                                      persons that provides a legible image of
                                                               report.
      section impracticable or contrary to the                   (b) Each program manager must                       the maintenance information and
      public interest—                                         establish procedures to respond to an                 instructions, or a system that is able to
         (1) The Flight Standards District                     aviation incident/accident.                           retrieve the maintenance information
      Office amends the management                                                                                   and instructions in the English
      specifications and makes the                             § 91.1023 Program operating manual                    language.
      amendment effective on the day the                       requirements.                                            (h) If a program manager conducts
      program manager receives notice of it;                     (a) Each program manager must                       aircraft inspections or maintenance at
      and                                                      prepare and keep current a program                    specified facilities where the approved
         (2) In the notice to the program                      operating manual setting forth                        aircraft inspection program is available,
      manager, the Flight Standards District                   procedures and policies acceptable to                 the program manager is not required to
      Office will articulate the reasons for its               the Administrator. The program                        ensure that the approved aircraft


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      inspection program is carried aboard the                 supervising and protecting passengers                 § 91.1027    Recordkeeping.
      aircraft en route to those facilities.                   during refueling;                                        (a) Each program manager must keep
        (i) Program managers that are also                       (j) Procedures to be followed by the                at its principal base of operations or at
      certificated to operate under part 121 or                pilot in command in the briefing under                other places approved by the
      135 of this chapter may be authorized to                 § 91.1035.                                            Administrator, and must make available
      use the operating manual required by                       (k) Procedures for ensuring                         for inspection by the Administrator all
      those parts to meet the manual                           compliance with emergency procedures,                 of the following:
      requirements of subpart K, provided:                     including a list of the functions assigned               (1) The program manager’s
        (1) The policies and procedures are                    each category of required crewmembers                 management specifications.
      consistent for both operations, or                       in connection with an emergency and                      (2) A current list of the aircraft used
        (2) When policies and procedures are                   emergency evacuation duties;                          or available for use in operations under
      different, the applicable policies and                     (l) The approved aircraft inspection                this subpart, the operations for which
      procedures are identified and used.                      program, when applicable;                             each is equipped (for example, MNPS,
                                                                 (m) Procedures for the evacuation of                RNP5/10, RVSM.).
      § 91.1025 Program operating manual
                                                               persons who may need the assistance of                   (3) An individual record of each pilot
      contents.
                                                               another person to move expeditiously to               used in operations under this subpart,
         Each program operating manual must                                                                          including the following information:
                                                               an exit if an emergency occurs;
      have the date of the last revision on                                                                             (i) The full name of the pilot.
                                                                 (n) Procedures for performance
      each revised page. Unless otherwise                                                                               (ii) The pilot certificate (by type and
                                                               planning that take into account take off,
      authorized by the Administrator, the                                                                           number) and ratings that the pilot holds.
                                                               landing and en route conditions;
      manual must include the following:                                                                                (iii) The pilot’s aeronautical
         (a) Procedures for ensuring                             (o) An approved Destination Airport
                                                               Analysis, when required by                            experience in sufficient detail to
      compliance with aircraft weight and                                                                            determine the pilot’s qualifications to
      balance limitations;                                     § 91.1037(c), that includes the following
                                                               elements, supported by aircraft                       pilot aircraft in operations under this
         (b) Copies of the program manager’s                                                                         subpart.
      management specifications or                             performance data supplied by the
                                                               aircraft manufacturer for the appropriate                (iv) The pilot’s current duties and the
      appropriate extracted information,                                                                             date of the pilot’s assignment to those
      including area of operations authorized,                 runway conditions—
                                                                 (1) Pilot qualifications and                        duties.
      category and class of aircraft authorized,                                                                        (v) The effective date and class of the
      crew complements, and types of                           experience;
                                                                 (2) Aircraft performance data to                    medical certificate that the pilot holds.
      operations authorized;                                                                                            (vi) The date and result of each of the
         (c) Procedures for complying with                     include normal, abnormal and
                                                                                                                     initial and recurrent competency tests
      accident notification requirements;                      emergency procedures as supplied by
                                                                                                                     and proficiency checks required by this
         (d) Procedures for ensuring that the                  the aircraft manufacturer;
                                                                                                                     subpart and the type of aircraft flown
      pilot in command knows that required                       (3) Airport facilities and topography;
                                                                                                                     during that test or check.
      airworthiness inspections have been                        (4) Runway conditions (including
                                                                                                                        (vii) The pilot’s flight time in
      made and that the aircraft has been                      contamination);
                                                                                                                     sufficient detail to determine
      approved for return to service in                          (5) Airport or area weather reporting;              compliance with the flight time
      compliance with applicable                                 (6) Appropriate additional runway                   limitations of this subpart.
      maintenance requirements;                                safety margins, if required;                             (viii) The pilot’s check pilot
         (e) Procedures for reporting and                        (7) Airplane inoperative equipment;                 authorization, if any.
      recording mechanical irregularities that                   (8) Environmental conditions; and                      (ix) Any action taken concerning the
      come to the attention of the pilot in                      (9) Other criteria that affect aircraft             pilot’s release from employment for
      command before, during, and after                        performance.                                          physical or professional
      completion of a flight;                                    (p) A suitable system (which may                    disqualification; and
         (f) Procedures to be followed by the                  include a coded or electronic system)                    (x) The date of the satisfactory
      pilot in command for determining that                    that provides for preservation and                    completion of initial, transition,
      mechanical irregularities or defects                     retrieval of maintenance recordkeeping                upgrade, and differences training and
      reported for previous flights have been                  information required by § 91.1113 in a                each recurrent training phase required
      corrected or that correction of certain                  manner acceptable to the Administrator                by this subpart.
      mechanical irregularities or defects have                that provides—                                           (4) An individual record for each
      been deferred;                                             (1) A description (or reference to date             flight attendant used in operations
         (g) Procedures to be followed by the                  acceptable to the Administrator) of the               under this subpart, including the
      pilot in command to obtain                               work performed:                                       following information:
      maintenance, preventive maintenance,                       (2) The name of the person                             (i) The full name of the flight
      and servicing of the aircraft at a place                 performing the work if the work is                    attendant, and
      where previous arrangements have not                     performed by a person outside the                        (ii) The date and result of training
      been made by the program manager or                      organization of the program manager;                  required by § 91.1063, as applicable.
      owner, when the pilot is authorized to                   and                                                      (5) A current list of all fractional
      so act for the operator;                                   (3) The name or other positive                      owners and associated aircraft. This list
         (h) Procedures under § 91.213 for the                 identification of the individual                      or a reference to its location must be
      release of, and continuation of flight if                approving the work.                                   included in the management
      any item of equipment required for the                     (q) Flight locating and scheduling                  specifications and should be of
      particular type of operation becomes                     procedures; and                                       sufficient detail to determine the
      inoperative or unserviceable en route;                     (r) Other procedures and policy                     minimum fractional ownership interest
         (i) Procedures for refueling aircraft,                instructions regarding program                        of each aircraft.
      eliminating fuel contamination,                          operations that are issued by the                        (b) Each program manager must keep
      protecting from fire (including                          program manager or required by the                    each record required by paragraph (a)(2)
      electrostatic protection), and                           Administrator.                                        of this section for at least 6 months, and


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      must keep each record required by                        recordkeeping requirements of this                      (3) At least one set of pertinent
      paragraphs (a)(3) and (a)(4) of this                     section and of § 91.1113 with records                 aeronautical charts; and
      section for at least 12 months. When an                  maintained to fulfill equivalent                        (4) For IFR operations, at least one set
      employee is no longer employed or                        obligations under part 121 or 135 of this             of pertinent navigational en route,
      affiliated with the program manager or                   chapter.                                              terminal area, and instrument approach
      fractional owner, each record required                                                                         procedure charts.
      by paragraphs (a)(3) and (a)(4) of this                  § 91.1029 Flight scheduling and locating                (b) Each cockpit checklist required by
                                                               requirements.                                         paragraph (a)(1) of this section must
      section must be retained for at least 12
      months.                                                     (a) Each program manager must                      contain the following procedures:
         (c) Each program manager is                           establish and use an adequate system to                 (1) Before starting engines;
      responsible for the preparation and                      schedule and release program aircraft.                  (2) Before takeoff;
      accuracy of a load manifest in duplicate                    (b) Except as provided in paragraph                  (3) Cruise;
      containing information concerning the                    (d) of this section, each program                       (4) Before landing;
                                                               manager must have adequate procedures                   (5) After landing; and
      loading of the aircraft. The manifest                                                                            (6) Stopping engines.
      must be prepared before each takeoff                     established for locating each flight, for
                                                               which a flight plan is not filed, that—                 (c) Each emergency cockpit checklist
      and must include—                                                                                              required by paragraph (a)(2) of this
         (1) The number of passengers;                            (1) Provide the program manager with
                                                               at least the information required to be               section must contain the following
         (2) The total weight of the loaded
                                                               included in a VFR flight plan;                        procedures, as appropriate:
      aircraft;                                                                                                        (1) Emergency operation of fuel,
         (3) The maximum allowable takeoff                        (2) Provide for timely notification of
                                                                                                                     hydraulic, electrical, and mechanical
      weight for that flight;                                  an FAA facility or search and rescue
                                                                                                                     systems.
         (4) The center of gravity limits;                     facility, if an aircraft is overdue or                  (2) Emergency operation of
         (5) The center of gravity of the loaded               missing; and                                          instruments and controls.
      aircraft, except that the actual center of                  (3) Provide the program manager with                 (3) Engine inoperative procedures.
      gravity need not be computed if the                      the location, date, and estimated time                  (4) Any other emergency procedures
      aircraft is loaded according to a loading                for reestablishing radio or telephone                 necessary for safety.
      schedule or other approved method that                   communications, if the flight will
      ensures that the center of gravity of the                operate in an area where                              § 91.1035    Passenger awareness.
      loaded aircraft is within approved                       communications cannot be maintained.                     (a) Prior to each takeoff, the pilot in
      limits. In those cases, an entry must be                    (c) Flight locating information must               command of an aircraft carrying
      made on the manifest indicating that the                 be retained at the program manager’s                  passengers on a program flight must
      center of gravity is within limits                       principal base of operations, or at other             ensure that all passengers have been
      according to a loading schedule or other                 places designated by the program                      orally briefed on—
      approved method;                                         manager in the flight locating                           (1) Smoking: Each passenger must be
         (6) The registration number of the                    procedures, until the completion of the               briefed on when, where, and under
      aircraft or flight number;                               flight.                                               what conditions smoking is prohibited.
         (7) The origin and destination; and                      (d) The flight locating requirements of            This briefing must include a statement,
         (8) Identification of crewmembers and                 paragraph (b) of this section do not                  as appropriate, that the regulations
      their crew position assignments.                         apply to a flight for which an FAA flight             require passenger compliance with
         (d) The pilot in command of the                       plan has been filed and the flight plan               lighted passenger information signs and
      aircraft for which a load manifest must                  is canceled within 25 nautical miles of               no smoking placards, prohibit smoking
      be prepared must carry a copy of the                     the destination airport.                              in lavatories, and require compliance
      completed load manifest in the aircraft                                                                        with crewmember instructions with
      to its destination. The program manager                  § 91.1031 Pilot in command or second in               regard to these items;
      must keep copies of completed load                       command: Designation required.                           (2) Use of safety belts, shoulder
      manifest for at least 30 days at its                       (a) Each program manager must                       harnesses, and child restraint systems:
      principal operations base, or at another                 designate a—                                          Each passenger must be briefed on
      location used by it and approved by the                    (1) Pilot in command for each                       when, where and under what conditions
      Administrator.                                           program flight; and                                   it is necessary to have his or her safety
         (e) Each program manager is                             (2) Second in command for each                      belt and, if installed, his or her shoulder
      responsible for providing a written                      program flight requiring two pilots.                  harness fastened about him or her, and
      document that states the name of the                       (b) The pilot in command, as                        if a child is being transported, the
      entity having operational control on that                designated by the program manager,                    appropriate use of child restraint
      flight and the part of this chapter under                must remain the pilot in command at all               systems, if available. This briefing must
      which the flight is operated. The pilot                  times during that flight.                             include a statement, as appropriate, that
      in command of the aircraft must carry                                                                          the regulations require passenger
      a copy of the document in the aircraft                   § 91.1033    Operating information required.
                                                                                                                     compliance with the lighted passenger
      to its destination. The program manager                     (a) Each program manager must, for                 information sign and/or crewmember
      must keep a copy of the document for                     all program operations, provide the                   instructions with regard to these items;
      at least 30 days at its principal                        following materials, in current and                      (3) The placement of seat backs in an
      operations base, or at another location                  appropriate form, accessible to the pilot             upright position before takeoff and
      used by it and approved by the                           at the pilot station, and the pilot must              landing;
      Administrator.                                           use them—                                                (4) Location and means for opening
         (f) Records may be kept either in                        (1) A cockpit checklist;                           the passenger entry door and emergency
      paper or other form acceptable to the                       (2) For multiengine aircraft or for                exits;
      Administrator.                                           aircraft with retractable landing gear, an               (5) Location of survival equipment;
         (g) Program managers that are also                    emergency cockpit checklist containing                   (6) Ditching procedures and the use of
      certificated to operate under part 121 or                the procedures required by paragraph                  flotation equipment required under
      135 of this chapter may satisfy the                      (c) of this section, as appropriate;                  § 91.509 for a flight over water;


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        (7) The normal and emergency use of                    consumption of fuel and oil in flight (in             alternate airport for a turbine engine
      oxygen installed in the aircraft; and                    accordance with the landing distance in               powered large transport category
        (8) Location and operation of fire                     the Airplane Flight Manual for the                    airplane unless (based on the
      extinguishers.                                           elevation of the destination airport and              assumptions in paragraph (b) of this
        (b) Prior to each takeoff, the pilot in                the wind conditions expected there at                 section) that airplane, at the weight
      command of an aircraft carrying                          the time of landing), would allow a full              expected at the time of arrival, can be
      passengers on a program flight must                      stop landing at the intended destination              brought to a full stop landing within 80
      ensure that each person who may need                     airport within 60 percent of the effective            percent of the effective length of the
      the assistance of another person to move                 length of each runway described below                 runway from a point 50 feet above the
      expeditiously to an exit if an emergency                 from a point 50 feet above the                        intersection of the obstruction clearance
      occurs and that person’s attendant, if                   intersection of the obstruction clearance             plane and the runway.
      any, has received a briefing as to the                   plane and the runway. For the purpose                    (e) Unless, based on a showing of
      procedures to be followed if an                          of determining the allowable landing                  actual operating landing techniques on
      evacuation occurs. This paragraph does                   weight at the destination airport, the                wet runways, a shorter landing distance
      not apply to a person who has been                       following is assumed:                                 (but never less than that required by
      given a briefing before a previous leg of                   (1) The airplane is landed on the most             paragraph (b) or (c) of this section) has
      that flight in the same aircraft.                        favorable runway and in the most                      been approved for a specific type and
        (c) Prior to each takeoff, the pilot in                favorable direction, in still air.                    model airplane and included in the
      command must advise the passengers of                       (2) The airplane is landed on the most             Airplane Flight Manual, no person may
      the name of the entity in operational                    suitable runway considering the                       take off a turbojet airplane when the
      control of the flight.                                   probable wind velocity and direction                  appropriate weather reports or forecasts,
        (d) The oral briefings required by                     and the ground handling characteristics               or any combination of them, indicate
      paragraphs (a), (b), and (c) of this                     of that airplane, and considering other               that the runways at the destination or
      section must be given by the pilot in                    conditions such as landing aids and                   alternate airport may be wet or slippery
      command or another crewmember.                           terrain.                                              at the estimated time of arrival unless
        (e) The oral briefing required by                         (c) A program manager or other                     the effective runway length at the
      paragraph (a) of this section may be                     person flying a turbine engine powered                destination airport is at least 115
      delivered by means of an approved                        large transport category airplane on a                percent of the runway length required
      recording playback device that is                        program flight may permit that airplane               under paragraph (b) or (c) of this
      audible to each passenger under normal                   to take off at a weight in excess of that             section.
      noise levels.                                            allowed by paragraph (b) of this section
        (f) The oral briefing required by                      if all of the following conditions exist:             § 91.1039 IFR takeoff, approach and
                                                                  (1) The operation is conducted in                  landing minimums.
      paragraph (a) of this section must be
      supplemented by printed cards that                       accordance with an approved                             (a) No pilot on a program aircraft
      must be carried in the aircraft in                       Destination Airport Analysis in that                  operating a program flight may begin an
      locations convenient for the use of each                 person’s program operating manual that                instrument approach procedure to an
      passenger. The cards must—                               contains the elements listed in                       airport unless—
        (1) Be appropriate for the aircraft on                 § 91.1025(o).                                           (1) Either that airport or the alternate
      which they are to be used;                                  (2) The airplane’s weight on arrival,              airport has a weather reporting facility
        (2) Contain a diagram of, and method                   allowing for normal consumption of fuel               operated by the U.S. National Weather
      of operating, the emergency exits; and                   and oil in flight (in accordance with the             Service, a source approved by the U.S.
        (3) Contain other instructions                         landing distance in the Airplane Flight               National Weather Service, or a source
      necessary for the use of emergency                       Manual for the elevation of the                       approved by the Administrator; and
      equipment on board the aircraft.                         destination airport and the wind                        (2) The latest weather report issued by
                                                               conditions expected there at the time of              the weather reporting facility includes a
      § 91.1037 Large transport category                       landing), would allow a full stop                     current local altimeter setting for the
      airplanes: Turbine engine powered;                       landing at the intended destination                   destination airport. If no local altimeter
      Limitations; Destination and alternate                   airport within 80 percent of the effective            setting is available at the destination
      airports.                                                                                                      airport, the pilot must obtain the current
                                                               length of each runway described below
         (a) No program manager or any other                   from a point 50 feet above the                        local altimeter setting from a source
      person may permit a turbine engine                       intersection of the obstruction clearance             provided by the facility designated on
      powered large transport category                         plane and the runway. For the purpose                 the approach chart for the destination
      airplane on a program flight to take off                 of determining the allowable landing                  airport.
      that airplane at a weight that (allowing                 weight at the destination airport, the                  (b) For flight planning purposes, if the
      for normal consumption of fuel and oil                   following is assumed:                                 destination airport does not have a
      in flight to the destination or alternate                   (i) The airplane is landed on the most             weather reporting facility described in
      airport) the weight of the airplane on                   favorable runway and in the most                      paragraph (a)(1) of this section, the pilot
      arrival would exceed the landing weight                  favorable direction, in still air.                    must designate as an alternate an airport
      in the Airplane Flight Manual for the                       (ii) The airplane is landed on the most            that has a weather reporting facility
      elevation of the destination or alternate                suitable runway considering the                       meeting that criteria.
      airport and the ambient temperature                      probable wind velocity and direction                    (c) The MDA or Decision Altitude and
      expected at the time of landing.                         and the ground handling characteristics               visibility landing minimums prescribed
         (b) Except as provided in paragraph                   of that airplane, and considering other               in part 97 of this chapter or in the
      (c) of this section, no program manager                  conditions such as landing aids and                   program manager’s management
      or any other person may permit a                         terrain.                                              specifications are increased by 100 feet
      turbine engine powered large transport                      (3) The operation is authorized by                 and 1/2 mile respectively, but not to
      category airplane on a program flight to                 management specifications.                            exceed the ceiling and visibility
      take off that airplane unless its weight                    (d) No program manager or other                    minimums for that airport when used as
      on arrival, allowing for normal                          person may select an airport as an                    an alternate airport, for each pilot in


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      command of a turbine-powered aircraft                     capable of conducting operations safely                 (1) A cockpit voice recorder as
      who has not served at least 100 hours                     and in compliance with applicable                     required by § 135.151 of this chapter as
      as pilot in command in that type of                       regulatory standards. Validation tests                applicable to the aircraft specified in
      aircraft.                                                 are required for the following                        that section.
        (d) No person may take off an aircraft                  authorizations:                                         (2) A flight recorder as required by
      under IFR from an airport where                              (1) The addition of an aircraft for                § 135.152 of this chapter as applicable to
      weather conditions are at or above                        which two pilots are required for                     the aircraft specified in that section.
      takeoff minimums but are below                            operations under VFR or a turbojet                      (3) A terrain awareness and warning
      authorized IFR landing minimums                           airplane, if that aircraft or an aircraft of          system as required by § 135.154 of this
      unless there is an alternate airport                      the same make or similar design has not               chapter as applicable to the aircraft
      within one hour’s flying time (at normal                  been previously proved or validated in                specified in that section.
      cruising speed, in still air) of the airport              operations under this part.                             (4) A traffic alert and collision
      of departure.                                                (2) Operations outside U.S. airspace.              avoidance system as required by
        (e) Each pilot making an IFR takeoff                       (3) Class II navigation authorizations.            § 135.180 of this chapter as applicable to
      or approach and landing at an airport                        (4) Special performance or operational             the aircraft specified in that section.
      must comply with applicable                               authorizations.                                         (5) As applicable to the aircraft
      instrument approach procedures and                           (e) Validation tests must be                       specified in that section, either:
      take off and landing weather minimums                     accomplished by test methods                            (i) Airborne thunderstorm detection
      prescribed by the authority having                        acceptable to the Administrator. Actual               equipment as required by § 135.173 of
      jurisdiction over the airport. In addition,               flights may not be required when an                   this chapter; or
      no pilot may, at that airport take off                    applicant can demonstrate competence                    (ii) Airborne weather radar as
      when the visibility is less than 600 feet.                and compliance with appropriate                       required by § 135.175 of this chapter.
                                                                regulations without conducting a flight.              § 91.1047 Drug and alcohol misuse
      § 91.1041       Aircraft proving and validation
                                                                   (f) Proving tests and validation tests             education program.
      tests.
                                                                may be conducted simultaneously when
         (a) No program manager may permit                                                                               (a) Each program manager must
                                                                appropriate.
      the operation of an aircraft, other than                                                                        provide each direct employee
                                                                   (g) The Administrator may authorize
      a turbojet aircraft, for which two pilots                                                                       performing flight crewmember, flight
                                                                deviations from this section if the
      are required by the type certification                                                                          attendant, flight instructor, or aircraft
                                                                Administrator finds that special
      requirements of this chapter for                                                                                maintenance duties with drug and
                                                                circumstances make full compliance
      operations under VFR, if it has not                                                                             alcohol misuse education.
                                                                with this section unnecessary.
      previously proved such an aircraft in                                                                              (b) No program manager may use any
      operations under this part in at least 25                 § 91.1043    [Reserved]                               contract employee to perform flight
      hours of proving tests acceptable to the                                                                        crewmember, flight attendant, flight
                                                                § 91.1045 Additional equipment                        instructor, or aircraft maintenance
      Administrator including—
                                                                requirements.                                         duties for the program manager unless
         (1) Five hours of night time, if night
      flights are to be authorized;                               No person may operate a program                     that contract employee has been
         (2) Five instrument approach                           aircraft on a program flight unless the               provided with drug and alcohol misuse
      procedures under simulated or actual                      aircraft is equipped with the                         education.
      conditions, if IFR flights are to be                      following—                                               (c) Program managers must disclose to
      authorized; and                                             (a) Airplanes having a passenger-seat               their owners and prospective owners
         (3) Entry into a representative number                 configuration of more than 30 seats or                the existence of a company drug and
      of en route airports as determined by the                 a payload capacity of more than 7,500                 alcohol misuse testing program. If the
      Administrator.                                            pounds:                                               program manager has implemented a
         (b) No program manager may permit                        (1) A cockpit voice recorder as                     company testing program, the program
      the operation of a turbojet airplane if it                required by § 121.359 of this chapter as              manager’s disclosure must include the
      has not previously proved a turbojet                      applicable to the aircraft specified in               following:
      airplane in operations under this part in                 that section.                                            (1) Information on the substances that
      at least 25 hours of proving tests                          (2) A flight recorder as required by                they test for, for example, alcohol and
      acceptable to the Administrator                           § 121.343 or § 121.344 of this chapter as             a list of the drugs;
      including—                                                applicable to the aircraft specified in                  (2) The categories of employees
         (1) Five hours of night time, if night                 that section.                                         tested, the types of tests, for example,
      flights are to be authorized;                               (3) A terrain awareness and warning                 pre-employment, random, reasonable
         (2) Five instrument approach                           system as required by § 121.354 of this               cause/suspicion, post accident, return to
      procedures under simulated or actual                      chapter as applicable to the aircraft                 duty and follow-up; and
      conditions, if IFR flights are to be                      specified in that section.                               (3) The degree to which the program
      authorized; and                                             (4) A traffic alert and collision                   manager’s company testing program is
         (3) Entry into a representative number                 avoidance system as required by                       comparable to the federally mandated
      of en route airports as determined by the                 § 121.356 of this chapter as applicable to            drug and alcohol misuse prevention
      Administrator.                                            the aircraft specified in that section.               program required under part 121,
         (c) No program manager may carry                         (5) Airborne weather radar as required              appendices I and J, of this chapter,
      passengers in an aircraft during proving                  by § 121.357 of this chapter, as                      regarding the information in paragraphs
      tests, except those needed to make the                    applicable to the aircraft specified in               (c)(1) and (c)(2) of this section.
      tests and those designated by the                         that section.                                            (d) If a program aircraft is operated on
      Administrator to observe the tests.                         (b) Airplanes having a passenger-seat               a program flight into an airport at which
      However, pilot flight training may be                     configuration of 30 seats or fewer,                   no maintenance personnel are available
      conducted during the proving tests.                       excluding each crewmember, and a                      that are subject to the requirements of
         (d) Validation testing is required to                  payload capacity of 7,500 pounds or                   paragraphs (a) or (b) of this section and
      determine that a program manager is                       less, and any rotorcraft (as applicable):             emergency maintenance is required, the


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      program manager may use persons not                      consist of at least two qualified pilots                 (ii) Second in command—Commercial
      meeting the requirements of paragraphs                   employed or contracted by the program                 pilot and instrument ratings.
      (a) or (b) of this section to provide such               manager or the fractional owner.                         (iii) Flight attendant (if required or
      emergency maintenance under both of                         (e) The program manager must ensure                used)—Appropriately trained personnel.
      the following conditions:                                that trained and qualified scheduling or                 (3) For all other aircraft, the following
         (1) The program manager must notify                   flight release personnel are on duty to               FAA certification and rating
      the Drug Abatement Program Division,                     schedule and release program aircraft                 requirements:
      AAM–800, 800 Independence Avenue,                        during all hours that such aircraft are                  (i) Pilot in command—Commercial
      SW., Washington, DC 20591 in writing                     available for program operations.                     pilot and instrument ratings.
      within 10 days after being provided                                                                               (ii) Second in command—Commercial
                                                               § 91.1051    Pilot safety background check.           pilot and instrument ratings.
      emergency maintenance in accordance
      with this paragraph. The program                           Within 90 days of an individual                        (iii) Flight attendant (if required or
      manager must retain copies of all such                   beginning service as a pilot, the program             used)—Appropriately trained personnel.
                                                               manager must request the following                       (b) The Administrator may authorize
      written notifications for two years.
                                                               information:                                          deviations from paragraph (a)(1) of this
         (2) The aircraft must be reinspected
                                                                 (a) FAA records pertaining to—                      section if the Flight Standards District
      by maintenance personnel who meet the
                                                                 (1) Current pilot certificates and                  Office that issued the program
      requirements of paragraph (a) or (b) of
                                                               associated type ratings.                              manager’s management specifications
      this section when the aircraft is next at
                                                                 (2) Current medical certificates.                   finds that the crewmember has
      an airport where such maintenance                          (3) Summaries of legal enforcement                  comparable experience, and can
      personnel are available.                                 actions resulting in a finding by the                 effectively perform the functions
         (e) For purposes of this section,                     Administrator of a violation.                         associated with the position in
      emergency maintenance means                                (b) Records from all previous                       accordance with the requirements of
      maintenance that—                                        employers during the five years                       this chapter. Grants of deviation under
         (1) Is not scheduled, and                             preceding the date of the employment                  this paragraph may be granted after
         (2) Is made necessary by an aircraft                  application where the applicant worked                consideration of the size and scope of
      condition not discovered prior to the                    as a pilot. If any of these firms are in              the operation, the qualifications of the
      departure for that location.                             bankruptcy, the records must be
         (f) Notwithstanding paragraphs (a)                                                                          intended personnel and the
                                                               requested from the trustees in                        circumstances set forth in
      and (b) of this section, drug and alcohol
                                                               bankruptcy for those employees. If the                § 91.1055(b)(1) through (3). The
      misuse education conducted under an
                                                               previous employer is no longer in                     Administrator may, at any time,
      FAA-approved drug and alcohol misuse
                                                               business, a documented good faith effort              terminate any grant of deviation
      prevention program may be used to
                                                               must be made to obtain the records.                   authority issued under this paragraph.
      satisfy these requirements.
                                                               Records from previous employers must
                                                               include, as applicable—                               § 91.1055 Pilot operating limitations and
      § 91.1049       Personnel.
                                                                 (1) Crew member records.                            pairing requirement.
         (a) Each program manager and each                                                                              (a) If the second in command of a
                                                                 (2) Drug testing—collection, testing,
      fractional owner must use in program                                                                           fixed-wing program aircraft has fewer
                                                               and rehabilitation records pertaining to
      operations on program aircraft flight                                                                          than 100 hours of flight time as second
                                                               the individual.
      crews meeting § 91.1053 criteria and                                                                           in command flying in the aircraft make
                                                                 (3) Alcohol misuse prevention
      qualified under the appropriate                                                                                and model and, if a type rating is
                                                               program records pertaining to the
      regulations. The program manager must                                                                          required, in the type aircraft being
                                                               individual.
      provide oversight of those crews.                          (4) The applicant’s individual record               flown, and the pilot in command is not
         (b) Each program manager must                         that includes certifications, ratings,                an appropriately qualified check pilot,
      employ (either directly or by contract)                  aeronautical experience, effective date               the pilot in command shall make all
      an adequate number of pilots per                         and class of the medical certificate.                 takeoffs and landings in any of the
      program aircraft. Flight crew staffing                                                                         following situations:
      must be determined based on the                          § 91.1053    Crewmember experience.                      (1) Landings at the destination airport
      following factors, at a minimum:                            (a) No program manager or owner may                when a Destination Airport Analysis is
         (1) Number of program aircraft.                       use any person, nor may any person                    required by § 91.1037(c); and
         (2) Program manager flight, duty, and                 serve, as a pilot in command or second                   (2) In any of the following conditions:
      rest time considerations, and in all cases               in command of a program aircraft, or as                  (i) The prevailing visibility for the
      within the limits set forth in §§ 91.1057                a flight attendant on a program aircraft,             airport is at or below 3/4 mile.
      through 91.1061.                                         in program operations under this                         (ii) The runway visual range for the
         (3) Vacations.                                        subpart unless that person has met the                runway to be used is at or below 4,000
         (4) Operational efficiencies.                         applicable requirements of part 61 of                 feet.
         (5) Training.                                         this chapter and has the following                       (iii) The runway to be used has water,
         (6) Single pilot operations, if                       experience and ratings:                               snow, slush, ice or similar
      authorized by deviation under                               (1) Total flight time for all pilots:              contamination that may adversely affect
      paragraph (d) of this section.                              (i) Pilot in command—A minimum of                  aircraft performance.
         (c) Each program manager must                         1,500 hours.                                             (iv) The braking action on the runway
      publish pilot and flight attendant duty                     (ii) Second in command—A minimum                   to be used is reported to be less than
      schedules sufficiently in advance to                     of 500 hours.                                         ‘‘good.’’
      follow the flight, duty, and rest time                      (2) For multi-engine turbine-powered                  (v) The crosswind component for the
      limits in §§ 91.1057 through 91.1061 in                  fixed-wing and powered-lift aircraft, the             runway to be used is in excess of 15
      program operations.                                      following FAA certification and ratings               knots.
         (d) Unless otherwise authorized by                    requirements:                                            (vi) Windshear is reported in the
      the Administrator, when any program                         (i) Pilot in command—Airline                       vicinity of the airport.
      aircraft is flown in program operations                  transport pilot and applicable type                      (vii) Any other condition in which the
      with passengers onboard, the crew must                   ratings.                                              pilot in command determines it to be


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      prudent to exercise the pilot in                         crew complement under the program                     home station, is not considered part of
      command’s authority.                                     manager’s management specifications or                a rest period.
         (b) No program manager may release                    in addition to that minimum                              (e) A flight crewmember may
      a program flight under this subpart                      complement, to duty in an aircraft                    continue a flight assignment if the flight
      unless, for that aircraft make or model                  during flight time and whose duties                   to which he or she is assigned would
      and, if a type rating is required, for that              include but are not necessarily limited               normally terminate within the flight
      type aircraft, either the pilot in                       to cabin-safety-related responsibilities.             time limitations, but because of
      command or the second in command                            Multi-time zone flight means an                    circumstances beyond the control of the
      has at least 75 hours of flight time,                    easterly or westerly flight or multiple               program manager or flight crewmember
      either as pilot in command or second in                  flights in one direction in the same duty             (such as adverse weather conditions), is
      command. The Administrator may,                          period that results in a time zone                    not at the time of departure expected to
      upon application by the program                          difference of 5 or more hours and is                  reach its destination within the planned
      manager, authorize deviations from the                   conducted in a geographic area that is                flight time. The extension of flight time
      requirements of this paragraph by an                     south of 60 degrees north latitude and                under this paragraph may not exceed
      appropriate amendment to the                             north of 60 degrees south latitude.                   the maximum time limits set forth in
      management specifications in any of the                     Reserve status means that status in                § 91.1059.
      following circumstances:                                 which a flight crewmember, by                            (f) Each flight assignment must
         (1) A newly authorized program                        arrangement with the program manager:                 provide for at least 10 consecutive hours
      manager does not employ any pilots                       Holds himself or herself fit to fly to the            of rest during the 24-hour period that
      who meet the minimum requirements of                     extent that this is within the control of             precedes the completion time of the
      this paragraph.                                          the flight crewmember; remains within                 assignment.
         (2) An existing program manager adds                  a reasonable response time of the                        (g) The program manager must
      to its fleet a new category and class                    aircraft as agreed between the flight                 provide each crewmember at least 13
      aircraft not used before in its operation.               crewmember and the program manager;                   rest periods of at least 24 consecutive
         (3) An existing program manager                       and maintains a ready means whereby                   hours each in each calendar quarter.
      establishes a new base to which it                       the flight crewmember may be contacted                   (h) A flight crewmember may decline
      assigns pilots who will be required to                   by the program manager. Reserve status                a flight assignment if, in the flight
      become qualified on the aircraft                         is not part of any duty period or rest                crewmember’s determination, to do so
      operated from that base.                                 period.                                               would not be consistent with the
         (c) No person may be assigned in the                     Rest period means a period of time                 standard of safe operation required
      capacity of pilot in command in a                        required pursuant to this subpart that is             under this subpart, this part, and
      program operation to more than two                       free of all responsibility for work or                applicable provisions of this title.
      aircraft types that require a separate                   duty prior to the commencement of, or                    (i) Any rest period required by this
      type rating.                                             following completion of, a duty period,               subpart may occur concurrently with
                                                               and during which the flight                           any other rest period.
      § 91.1057 Flight, duty and rest time
                                                               crewmember or flight attendant cannot                    (j) If authorized by the Administrator,
      requirements: All crewmembers.
                                                               be required to receive contact from the               a program manager may use the
         (a) For purposes of this subpart—                                                                           applicable unscheduled flight time
         Augmented flight crew means at least                  program manager. A rest period does
                                                               not include any time during which the                 limitations, duty period limitations, and
      three pilots.                                                                                                  rest requirements of part 121 or part 135
         Calendar day means the period of                      program manager imposes on a flight
                                                               crewmember or flight attendant any                    of this chapter instead of the flight time
      elapsed time, using Coordinated                                                                                limitations, duty period limitations, and
      Universal Time or local time that begins                 duty or restraint, including any actual
                                                               work or present responsibility for work               rest requirements of this subpart.
      at midnight and ends 24 hours later at
      the next midnight.                                       should the occasion arise.                            § 91.1059 Flight time limitations and rest
         Duty period means the period of                          Standby means that portion of a duty               requirements: One or two pilot crews.
      elapsed time between reporting for an                    period during which a flight                             (a) No program manager may assign
      assignment involving flight time and                     crewmember is subject to the control of               any flight crewmember, and no flight
      release from that assignment by the                      the program manager and holds himself                 crewmember may accept an assignment,
      program manager. All time between                        or herself in a condition of readiness to             for flight time as a member of a one- or
      these two points is part of the duty                     undertake a flight. Standby is not part               two-pilot crew if that crewmember’s
      period, even if flight time is interrupted               of any rest period.                                   total flight time in all commercial flying
      by nonflight-related duties. The time is                    (b) A program manager may assign a                 will exceed—
      calculated using either Coordinated                      crewmember and a crewmember may                          (1) 500 hours in any calendar quarter;
      Universal Time or local time to reflect                  accept an assignment for flight time                     (2) 800 hours in any two consecutive
      the total elapsed time.                                  only when the applicable requirements                 calendar quarters;
         Extension of flight time means an                     of this section and §§ 91.1059–91.1062                   (3) 1,400 hours in any calendar year.
      increase in the flight time because of                   are met.                                                 (b) Except as provided in paragraph
      circumstances beyond the control of the                     (c) No program manager may assign                  (c) of this section, during any 24
      program manager or flight crewmember                     any crewmember to any duty during any                 consecutive hours the total flight time of
      (such as adverse weather) that are not                   required rest period.                                 the assigned flight, when added to any
      known at the time of departure and that                     (d) Time spent in transportation, not              commercial flying by that flight
      prevent the flightcrew from reaching the                 local in character, that a program                    crewmember, may not exceed—
      destination within the planned flight                    manager requires of a crewmember and                     (1) 8 hours for a flight crew consisting
      time.                                                    provides to transport the crewmember                  of one pilot; or
         Flight attendant means an individual,                 to an airport at which he or she is to                   (2) 10 hours for a flight crew
      other than a flight crewmember, who is                   serve on a flight as a crewmember, or                 consisting of two pilots qualified under
      assigned by the program manager, in                      from an airport at which he or she was                this subpart for the operation being
      accordance with the required minimum                     relieved from duty to return to his or her            conducted.


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        (c) No program manager may assign                                         crewmember may accept an assignment,                                       period will exceed, or rest time will be
      any flight crewmember, and no flight                                        if that crewmember’s flight time or duty                                   less than—

                                                                                                                                                                                                Extension of flight
                                                                                                                                                                      Normal duty                     time

      (1) Minimum Rest Immediately Before Duty ........................................................................................                          10 Hours .................    10 Hours.
      (2) Duty Period .....................................................................................................................................      Up to 14 Hours .......        Up to 14 Hours.
      (3) Flight Time For 1 Pilot ....................................................................................................................           Up to 8 Hours .........       Exceeding 8 Hours
                                                                                                                                                                                                 up to 9 Hours.
      (4) Flight Time For 2 Pilots ..................................................................................................................            Up to 10 Hours .......        Exceeding 10 Hours
                                                                                                                                                                                                 up to 12 Hours.
      (5) Minimum After Duty Rest ...............................................................................................................                10 Hours .................    12 Hours.
      (6) Minimum After Duty Rest Period for Multi-Time Zone Flights .......................................................                                     14 Hours .................    18 Hours.



      § 91.1061         Augmented flight crews.                                     (2) No more than 8 hours of flight                                       instrument experience requirements of
        (a) No program manager may assign                                         deck duty is accrued in any 24                                             part 61 of this chapter.
      any flight crewmember, and no flight                                        consecutive hours.                                                            (4) For a four-pilot crew, at least three
      crewmember may accept an assignment,                                          (3) For a three-pilot crew, the crew                                     pilots who meet the conditions of
      for flight time as a member of an                                           must consist of at least the following:                                    paragraph (b)(3) of this section, plus a
      augmented crew if that crewmember’s                                           (i) A pilot in command (PIC) who
                                                                                                                                                             fourth pilot who meets the SIC
      total flight time in all commercial flying                                  meets the applicable flight crewmember
                                                                                                                                                             qualifications of this subpart. For flight
      will exceed—                                                                requirements of this subpart and § 61.57
                                                                                                                                                             under IFR, that person must also meet
        (1) 500 hours in any calendar quarter;                                    of this chapter.
                                                                                    (ii) A PIC qualified pilot who meets                                     the recent instrument experience
        (2) 800 hours in any two consecutive
                                                                                  the applicable flight crewmember                                           requirements of part 61 of this chapter.
      calendar quarters;
        (3) 1,400 hours in any calendar year.                                     requirements of this subpart and                                              (c) No program manager may assign
        (b) No program manager may assign                                         § 61.57(c) and (d) of this chapter.                                        any flight crewmember, and no flight
      any pilot to an augmented crew, unless                                        (iii) A second in command (SIC) who                                      crewmember may accept an assignment,
      the program manager ensures:                                                meets the SIC qualifications of this                                       if that crewmember’s flight time or duty
        (1) Adequate sleeping facilities are                                      subpart. For flight under IFR, that                                        period will exceed, or rest time will be
      installed on the aircraft for the pilots.                                   person must also meet the recent                                           less than—

                                                                                                                                                                      3-Pilot crew                 4-Pilot crew

      (1)   Minimum Rest Immediately Before Duty ........................................................................................                        10 Hours .................    10 Hours
      (2)   Duty Period .....................................................................................................................................    Up to 16 Hours .......        Up to 18 Hours
      (3)   Flight Time ......................................................................................................................................   Up to 12 Hours .......        Up to 16 Hours
      (4)   Minimum After Duty Rest ...............................................................................................................              12 Hours .................    18 Hours
      (5)   Minimum After Duty Rest Period for Multi-Time Zone Flights .......................................................                                   18 hours ..................   24 hours


      § 91.1062 Duty periods and rest                                             scheduled or reduced to 8 consecutive                                      flights in that duty period at least two
      requirements: Flight attendants.                                            hours if the flight attendant is provided                                  flight attendants in addition to the
         (a) Except as provided in paragraph                                      a subsequent rest period of at least 10                                    minimum flight attendant complement
      (b) of this section, a program manager                                      consecutive hours; this subsequent rest                                    required for the flight or flights in that
      may assign a duty period to a flight                                        period must be scheduled to begin no                                       duty period under the program
      attendant only when the assignment                                          later than 24 hours after the beginning                                    manager’s management specifications.
      meets the applicable duty period                                            of the reduced rest period and must                                           (6) A program manager may assign a
      limitations and rest requirements of this                                   occur between the completion of the                                        flight attendant to a scheduled duty
      paragraph.                                                                  scheduled duty period and the                                              period of more than 18 hours, but no
         (1) Except as provided in paragraphs                                     commencement of the subsequent duty                                        more than 20 hours, if the scheduled
      (a)(4), (a)(5), and (a)(6) of this section,                                 period.                                                                    duty period includes one or more flights
      no program manager may assign a flight                                         (4) A program manager may assign a                                      that land or take off outside the 48
      attendant to a scheduled duty period of                                     flight attendant to a scheduled duty                                       contiguous states and the District of
      more than 14 hours.                                                         period of more than 14 hours, but no                                       Columbia, and if the program manager
         (2) Except as provided in paragraph                                      more than 16 hours, if the program                                         has assigned to the flight or flights in
      (a)(3) of this section, a flight attendant                                  manager has assigned to the flight or                                      that duty period at least three flight
      scheduled to a duty period of 14 hours                                      flights in that duty period at least one                                   attendants in addition to the minimum
      or less as provided under paragraph                                         flight attendant in addition to the                                        flight attendant complement required
      (a)(1) of this section must be given a                                      minimum flight attendant complement                                        for the flight or flights in that duty
      scheduled rest period of at least 9                                         required for the flight or flights in that                                 period under the program manager’s
      consecutive hours. This rest period                                         duty period under the program                                              management specifications.
      must occur between the completion of                                        manager’s management specifications.                                          (7) Except as provided in paragraph
      the scheduled duty period and the                                              (5) A program manager may assign a                                      (a)(8) of this section, a flight attendant
      commencement of the subsequent duty                                         flight attendant to a scheduled duty                                       scheduled to a duty period of more than
      period.                                                                     period of more than 16 hours, but no                                       14 hours but no more than 20 hours, as
         (3) The rest period required under                                       more than 18 hours, if the program                                         provided in paragraphs (a)(4), (a)(5), and
      paragraph (a)(2) of this section may be                                     manager has assigned to the flight or                                      (a)(6) of this section, must be given a


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      scheduled rest period of at least 12                     approved training program for                            (7) Training center. An organization
      consecutive hours. This rest period                      crewmembers, check pilots and                         governed by the applicable
      must occur between the completion of                     instructors, and other operations                     requirements of part 142 of this chapter
      the scheduled duty period and the                        personnel employed or used by the                     that conducts training, testing, and
      commencement of the subsequent duty                      program manager in program                            checking under contract or other
      period.                                                  operations;                                           arrangement to program managers
         (8) The rest period required under                       (3) Prescribe the requirements for the             subject to the requirements of this
      paragraph (a)(7) of this section may be                  qualification, approval and use of                    subpart.
      scheduled or reduced to 10 consecutive                   aircraft simulators and flight training                  (8) Requalification training. The
      hours if the flight attendant is provided                devices in the conduct of an approved                 training required for crewmembers
      a subsequent rest period of at least 14                  training program; and                                 previously trained and qualified, but
      consecutive hours; this subsequent rest                     (4) Permits training center personnel              who have become unqualified because
      period must be scheduled to begin no                     authorized under part 142 of this                     of not having met within the required
      later than 24 hours after the beginning                  chapter who meet the requirements of                  period any of the following:
      of the reduced rest period and must                      § 91.1075 to conduct training, testing                   (i) Recurrent crewmember training
      occur between the completion of the                      and checking under contract or other                  requirements of § 91.1107.
      scheduled duty period and the                            arrangements to those persons subject to                 (ii) Instrument proficiency check
      commencement of the subsequent duty                      the requirements of this subpart.                     requirements of § 91.1069.
      period.                                                                                                           (iii) Testing requirements of
                                                                  (b) If authorized by the Administrator,
         (9) Notwithstanding paragraphs (a)(4),                                                                      § 91.1065.
                                                               a program manager may comply with                        (iv) Recurrent flight attendant testing
      (a)(5), and (a)(6) of this section, if a                 the applicable training and testing                   requirements of § 91.1067.
      program manager elects to reduce the                     sections of subparts N and O of part 121
      rest period to 10 hours as authorized by                 of this chapter instead of §§ 91.1065                 § 91.1065 Initial and recurrent pilot testing
      paragraph (a)(8) of this section, the                    through 91.1107, except for the                       requirements.
      program manager may not schedule a                       operating experience requirements of                     (a) No program manager or owner may
      flight attendant for a duty period of                    § 121.434 of this chapter.                            use a pilot, nor may any person serve as
      more than 14 hours during the 24-hour                       (c) If authorized by the Administrator,            a pilot, unless, since the beginning of
      period commencing after the beginning                    a program manager may comply with                     the 12th month before that service, that
      of the reduced rest period.                              the applicable training and testing                   pilot has passed either a written or oral
         (b) Notwithstanding paragraph (a) of                  sections of subparts G and H of part 135              test (or a combination), given by the
      this section, a program manager may                      of this chapter instead of §§ 91.1065                 Administrator or an authorized check
      apply the flight crewmember flight time                  through 91.1107, except for the                       pilot, on that pilot’s knowledge in the
      and duty limitations and rest                            operating experience requirements of                  following areas—
      requirements of this part to flight                      § 135.244 of this chapter.                               (1) The appropriate provisions of
      attendants for all operations conducted                     (d) For the purposes of this subpart,              parts 61 and 91 of this chapter and the
      under this part provided that the                        the following terms and definitions                   management specifications and the
      program manager establishes written                      apply:                                                operating manual of the program
      procedures that—                                            (1) Initial training. The training                 manager;
         (1) Apply to all flight attendants used               required for crewmembers who have not                    (2) For each type of aircraft to be
      in the program manager’s operation;                      qualified and served in the same                      flown by the pilot, the aircraft
         (2) Include the flight crewmember rest                capacity on an aircraft.                              powerplant, major components and
      and duty requirements of §§ 91.1057,                        (2) Transition training. The training              systems, major appliances, performance
      91.1059, and 91.1061, as appropriate to                  required for crewmembers who have                     and operating limitations, standard and
      the operation being conducted, except                    qualified and served in the same                      emergency operating procedures, and
      that rest facilities on board the aircraft               capacity on another aircraft.                         the contents of the accepted operating
      are not required;                                           (3) Upgrade training. The training                 manual or equivalent, as applicable;
         (3) Include provisions to add one                                                                              (3) For each type of aircraft to be
                                                               required for crewmembers who have
      flight attendant to the minimum flight                                                                         flown by the pilot, the method of
                                                               qualified and served as second in
      attendant complement for each flight                                                                           determining compliance with weight
                                                               command on a particular aircraft type,
      crewmember who is in excess of the                                                                             and balance limitations for takeoff,
                                                               before they serve as pilot in command
      minimum number required in the                                                                                 landing and en route operations;
                                                               on that aircraft.                                        (4) Navigation and use of air
      aircraft type certificate data sheet and
                                                                  (4) Differences training. The training             navigation aids appropriate to the
      who is assigned to the aircraft under the
                                                               required for crewmembers who have                     operation or pilot authorization,
      provisions of § 91.1061; and
                                                               qualified and served on a particular type             including, when applicable, instrument
         (4) Are approved by the Administrator
                                                               aircraft, when the Administrator finds                approach facilities and procedures;
      and described or referenced in the
                                                               differences training is necessary before                 (5) Air traffic control procedures,
      program manager’s management
                                                               a crewmember serves in the same                       including IFR procedures when
      specifications.
                                                               capacity on a particular variation of that            applicable;
      § 91.1063 Testing and training:                          aircraft.                                                (6) Meteorology in general, including
      Applicability and terms used.                               (5) Recurrent training. The training               the principles of frontal systems, icing,
        (a) Sections 91.1065 through 91.1107:                  required for crewmembers to remain                    fog, thunderstorms, and windshear, and,
        (1) Prescribe the tests and checks                     adequately trained and currently                      if appropriate for the operation of the
      required for pilots and flight attendant                 proficient for each aircraft crewmember               program manager, high altitude weather;
      crewmembers and for the approval of                      position, and type of operation in which                 (7) Procedures for—
      check pilots in operations under this                    the crewmember serves.                                   (i) Recognizing and avoiding severe
      subpart;                                                    (6) In flight. The maneuvers,                      weather situations;
        (2) Prescribe the requirements for                     procedures, or functions that will be                    (ii) Escaping from severe weather
      establishing and maintaining an                          conducted in the aircraft.                            situations, in case of inadvertent


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      encounters, including low-altitude                       training device, if approved by the                   beginning of the 6th month before that
      windshear (except that rotorcraft aircraft               Administrator.                                        use, the pilot satisfactorily
      pilots are not required to be tested on                                                                        demonstrated that type of approach
      escaping from low-altitude windshear);                   § 91.1067 Initial and recurrent flight                procedure. No pilot may use any type of
                                                               attendant crewmember testing
      and                                                      requirements.
                                                                                                                     nonprecision approach procedure under
         (iii) Operating in or near                                                                                  IFR unless, since the beginning of the
      thunderstorms (including best                               No program manager or owner may                    6th month before that use, the pilot has
      penetration altitudes), turbulent air                    use a flight attendant crewmember, nor                satisfactorily demonstrated either that
      (including clear air turbulence), icing,                 may any person serve as a flight                      type of approach procedure or any other
      hail, and other potentially hazardous                    attendant crewmember unless, since the                two different types of nonprecision
      meteorological conditions; and                           beginning of the 12th month before that               approach procedures. The instrument
                                                               service, the program manager has                      approach procedure or procedures must
         (8) New equipment, procedures, or
                                                               determined by appropriate initial and                 include at least one straight-in
      techniques, as appropriate.
                                                               recurrent testing that the person is                  approach, one circling approach, and
         (b) No program manager or owner
                                                               knowledgeable and competent in the                    one missed approach. Each type of
      may use a pilot, nor may any person
                                                               following areas as appropriate to                     approach procedure demonstrated must
      serve as a pilot, in any aircraft unless,
                                                               assigned duties and responsibilities—                 be conducted to published minimums
      since the beginning of the 12th month
                                                                  (a) Authority of the pilot in command;             for that procedure.
      before that service, that pilot has passed
                                                                  (b) Passenger handling, including                    (d) The instrument proficiency checks
      a competency check given by the
                                                               procedures to be followed in handling                 required by paragraphs (a) and (b) of
      Administrator or an authorized check
                                                               deranged persons or other persons                     this section consists of either an oral or
      pilot in that class of aircraft, if single-
                                                               whose conduct might jeopardize safety;                written equipment test (or a
      engine aircraft other than turbojet, or
                                                                  (c) Crewmember assignments,                        combination) and a flight check under
      that type of aircraft, if rotorcraft,
                                                               functions, and responsibilities during                simulated or actual IFR conditions. The
      multiengine aircraft, or turbojet
                                                               ditching and evacuation of persons who                equipment test includes questions on
      airplane, to determine the pilot’s
                                                               may need the assistance of another                    emergency procedures, engine
      competence in practical skills and
                                                               person to move expeditiously to an exit               operation, fuel and lubrication systems,
      techniques in that aircraft or class of
                                                               in an emergency;                                      power settings, stall speeds, best engine-
      aircraft. The extent of the competency
                                                                  (d) Briefing of passengers;                        out speed, propeller and supercharger
      check will be determined by the
                                                                  (e) Location and operation of portable             operations, and hydraulic, mechanical,
      Administrator or authorized check pilot
                                                               fire extinguishers and other items of                 and electrical systems, as appropriate.
      conducting the competency check. The
                                                               emergency equipment;                                  The flight check includes navigation by
      competency check may include any of                         (f) Proper use of cabin equipment and
      the maneuvers and procedures currently                                                                         instruments, recovery from simulated
                                                               controls;                                             emergencies, and standard instrument
      required for the original issuance of the                   (g) Location and operation of
      particular pilot certificate required for                                                                      approaches involving navigational
                                                               passenger oxygen equipment;                           facilities which that pilot is to be
      the operations authorized and                               (h) Location and operation of all
      appropriate to the category, class and                                                                         authorized to use.
                                                               normal and emergency exits, including                   (e) Each pilot taking the instrument
      type of aircraft involved. For the                       evacuation slides and escape ropes; and
      purposes of this paragraph, type, as to                                                                        proficiency check must show that
                                                                  (i) Seating of persons who may need                standard of competence required by
      an airplane, means any one of a group                    assistance of another person to move
      of airplanes determined by the                                                                                 § 91.1065(d).
                                                               rapidly to an exit in an emergency as                   (1) The instrument proficiency check
      Administrator to have a similar means                    prescribed by the program manager’s                   must—
      of propulsion, the same manufacturer,                    operations manual.                                      (i) For a pilot in command of an
      and no significantly different handling                                                                        aircraft requiring that the PIC hold an
      or flight characteristics. For the                       § 91.1069 Flight crew: Instrument
                                                                                                                     airline transport pilot certificate,
      purposes of this paragraph, type, as to                  proficiency check requirements.
                                                                                                                     include the procedures and maneuvers
      a rotorcraft, means a basic make and                       (a) No program manager or owner may                 for an airline transport pilot certificate
      model.                                                   use a pilot, nor may any person serve,                in the particular type of aircraft, if
         (c) The instrument proficiency check                  as a pilot in command of an aircraft                  appropriate; and
      required by § 91.1069 may be                             under IFR unless, since the beginning of                (ii) For a pilot in command of a
      substituted for the competency check                     the 6th month before that service, that               rotorcraft or a second in command of
      required by this section for the type of                 pilot has passed an instrument                        any aircraft requiring that the SIC hold
      aircraft used in the check.                              proficiency check under this section                  a commercial pilot certificate include
         (d) For the purpose of this subpart,                  administered by the Administrator or an               the procedures and maneuvers for a
      competent performance of a procedure                     authorized check pilot.                               commercial pilot certificate with an
      or maneuver by a person to be used as                      (b) No program manager or owner                     instrument rating and, if required, for
      a pilot requires that the pilot be the                   may use a pilot, nor may any person                   the appropriate type rating.
      obvious master of the aircraft, with the                 serve, as a second command pilot of an                  (2) The instrument proficiency check
      successful outcome of the maneuver                       aircraft under IFR unless, since the                  must be given by an authorized check
      never in doubt.                                          beginning of the 12th month before that               pilot or by the Administrator.
         (e) The Administrator or authorized                   service, that pilot has passed an                       (f) If the pilot is assigned to pilot only
      check pilot certifies the competency of                  instrument proficiency check under this               one type of aircraft, that pilot must take
      each pilot who passes the knowledge or                   section administered by the                           the instrument proficiency check
      flight check in the program manager’s                    Administrator or an authorized check                  required by paragraph (a) of this section
      pilot records.                                           pilot.                                                in that type of aircraft.
         (f) All or portions of a required                       (c) No pilot may use any type of                      (g) If the pilot in command is assigned
      competency check may be given in an                      precision instrument approach                         to pilot more than one type of aircraft,
      aircraft simulator or other appropriate                  procedure under IFR unless, since the                 that pilot must take the instrument


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      proficiency check required by paragraph                  instructor, check pilot, and each person              crewmembers used in program
      (a) of this section in each type of aircraft             assigned duties for the carriage and                  operations.
      to which that pilot is assigned, in                      handling of hazardous materials (as                      (g) If an aircraft simulator has been
      rotation, but not more than one flight                   defined in 49 CFR 171.8) is adequately                approved by the Administrator for use
      check during each period described in                    trained to perform these assigned duties.             in the program manager’s training
      paragraph (a) of this section.                              (2) Provide adequate ground and                    program, the program manager must
         (h) If the pilot in command is                        flight training facilities and properly               ensure that each pilot annually
      assigned to pilot both single-engine and                 qualified ground instructors for the                  completes at least one flight training
      multiengine aircraft, that pilot must                    training required by this subpart.                    session in an approved simulator for at
      initially take the instrument proficiency                   (3) Provide and keep current for each              least one program aircraft. The training
      check required by paragraph (a) of this                  aircraft type used and, if applicable, the            session may be the flight training
      section in a multiengine aircraft, and                   particular variations within the aircraft             portion of any of the pilot training or
      each succeeding check alternately in                     type, appropriate training material,                  check requirements of this subpart,
      single-engine and multiengine aircraft,                  examinations, forms, instructions, and                including the initial, transition,
      but not more than one flight check                       procedures for use in conducting the                  upgrade, requalification, differences, or
      during each period described in                          training and checks required by this                  recurrent training, or the
      paragraph (a) of this section.                           subpart.                                              accomplishment of a competency check
         (i) All or portions of a required flight                 (4) Provide enough flight instructors,             or instrument proficiency check. If there
      check may be given in an aircraft                        check pilots, and simulator instructors               is no approved simulator for that aircraft
      simulator or other appropriate training                  to conduct required flight training and               type in operation, then all flight training
      device, if approved by the                               flight checks, and simulator training                 and checking must be accomplished in
      Administrator.                                           courses allowed under this subpart.                   the aircraft.
                                                                  (b) Whenever a crewmember who is
      § 91.1071 Crewmember: Tests and checks,                  required to take recurrent training under             § 91.1075    Training program: Special rules.
      grace provisions, training to accepted                   this subpart completes the training in                  Other than the program manager, only
      standards.                                               the month before, or the month after, the             the following are eligible under this
         (a) If a crewmember who is required                   month in which that training is                       subpart to conduct training, testing, and
      to take a test or a flight check under this              required, the crewmember is considered                checking under contract or other
      subpart, completes the test or flight                    to have completed it in the month in                  arrangement to those persons subject to
      check in the month before or after the                   which it was required.                                the requirements of this subpart.
      month in which it is required, that                         (c) Each instructor, supervisor, or                  (a) Another program manager
      crewmember is considered to have                         check pilot who is responsible for a                  operating under this subpart:
      completed the test or check in the                       particular ground training subject,                     (b) A training center certificated
      month in which it is required.                           segment of flight training, course of                 under part 142 of this chapter to
         (b) If a pilot being checked under this               training, flight check, or competence                 conduct training, testing, and checking
      subpart fails any of the required                        check under this subpart must certify as              required by this subpart if the training
      maneuvers, the person giving the check                   to the proficiency and knowledge of the               center—
      may give additional training to the pilot                crewmember, flight instructor, or check                 (1) Holds applicable training
      during the course of the check. In                       pilot concerned upon completion of that               specifications issued under part 142 of
      addition to repeating the maneuvers                      training or check. That certification                 this chapter;
      failed, the person giving the check may                  must be made a part of the                              (2) Has facilities, training equipment,
      require the pilot being checked to repeat                crewmember’s record. When the                         and courseware meeting the applicable
      any other maneuvers that are necessary                   certification required by this paragraph              requirements of part 142 of this chapter;
      to determine the pilot’s proficiency. If                 is made by an entry in a computerized                   (3) Has approved curriculums,
      the pilot being checked is unable to                     recordkeeping system, the certifying                  curriculum segments, and portions of
      demonstrate satisfactory performance to                  instructor, supervisor, or check pilot,               curriculum segments applicable for use
      the person conducting the check, the                     must be identified with that entry.                   in training courses required by this
      program manager may not use the pilot,                   However, the signature of the certifying              subpart; and
      nor may the pilot serve, as a flight                     instructor, supervisor, or check pilot is               (4) Has sufficient instructors and
      crewmember in operations under this                      not required for computerized entries.                check pilots qualified under the
      subpart until the pilot has satisfactorily                  (d) Training subjects that apply to                applicable requirements of §§ 91.1089
      completed the check. If a pilot who                      more than one aircraft or crewmember                  through 91.1095 to conduct training,
      demonstrates unsatisfactory                              position and that have been                           testing, and checking to persons subject
      performance is employed as a pilot for                   satisfactorily completed during previous              to the requirements of this subpart.
      a certificate holder operating under part                training while employed by the program                  (c) A part 119 certificate holder
      121, 125, or 135 of this chapter, he or                  manager for another aircraft or another               operating under part 121 or part 135 of
      she must notify that certificate holder of               crewmember position, need not be                      this chapter.
      the unsatisfactory performance.                          repeated during subsequent training                     (d) As authorized by the
                                                               other than recurrent training.                        Administrator, a training center that is
      § 91.1073       Training program: General.                  (e) Aircraft simulators and other                  not certificated under part 142 of this
         (a) Each program manager must have                    training devices may be used in the                   chapter.
      a training program and must:                             program manager’s training program if
         (1) Establish, obtain the appropriate                 approved by the Administrator.                        § 91.1077 Training program and revision:
      initial and final approval of, and                          (f) Each program manager is                        Initial and final approval.
      provide a training program that meets                    responsible for establishing safe and                   (a) To obtain initial and final approval
      this subpart and that ensures that each                  efficient crew management practices for               of a training program, or a revision to an
      crewmember, including each flight                        all phases of flight in program                       approved training program, each
      attendant if the program manager uses a                  operations including crew resource                    program manager must submit to the
      flight attendant crewmember, flight                      management training for all                           Administrator—


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         (1) An outline of the proposed or                     procedures and functions that will be                    (1) Instruction in emergency
      revised curriculum, that provides                        performed during each flight training                 assignments and procedures, including
      enough information for a preliminary                     phase or flight check, indicating those               coordination among crewmembers.
      evaluation of the proposed training                      maneuvers, procedures and functions                      (2) Individual instruction in the
      program or revision; and                                 that are to be performed during the                   location, function, and operation of
         (2) Additional relevant information                   inflight portions of flight training and              emergency equipment including—
      that may be requested by the                             flight checks.                                           (i) Equipment used in ditching and
      Administrator.                                                                                                 evacuation;
         (b) If the proposed training program or               § 91.1081 Crewmember training                            (ii) First aid equipment and its proper
      revision complies with this subpart, the                 requirements.
                                                                                                                     use; and
      Administrator grants initial approval in                    (a) Each program manager must                         (iii) Portable fire extinguishers, with
      writing after which the program                          include in its training program the                   emphasis on the type of extinguisher to
      manager may conduct the training                         following initial and transition ground               be used on different classes of fires.
      under that program. The Administrator                    training as appropriate to the particular                (3) Instruction in the handling of
      then evaluates the effectiveness of the                  assignment of the crewmember:                         emergency situations including—
      training program and advises the                            (1) Basic indoctrination ground                       (i) Rapid decompression;
      program manager of deficiencies, if any,                 training for newly hired crewmembers                     (ii) Fire in flight or on the surface and
      that must be corrected.                                  including instruction in at least the—                smoke control procedures with
         (c) The Administrator grants final                       (i) Duties and responsibilities of                 emphasis on electrical equipment and
      approval of the proposed training                        crewmembers as applicable;                            related circuit breakers found in cabin
      program or revision if the program                          (ii) Appropriate provisions of this                areas;
      manager shows that the training                          chapter;                                                 (iii) Ditching and evacuation;
      conducted under the initial approval in                     (iii) Contents of the program                         (iv) Illness, injury, or other abnormal
      paragraph (b) of this section ensures that               manager’s management specifications                   situations involving passengers or
      each person who successfully completes                   (not required for flight attendants); and             crewmembers; and
      the training is adequately trained to                       (iv) Appropriate portions of the                      (v) Hijacking and other unusual
      perform that person’s assigned duties.                   program manager’s operating manual.                   situations.
         (d) Whenever the Administrator finds                     (2) The initial and transition ground                 (4) Review and discussion of previous
      that revisions are necessary for the                     training in §§ 91.1101 and 91.1105, as                aircraft accidents and incidents
      continued adequacy of a training                         applicable.                                           involving actual emergency situations.
      program that has been granted final                         (3) Emergency training in § 91.1083.                  (c) Each crewmember must perform at
      approval, the program manager must,                         (b) Each training program must                     least the following emergency drills,
      after notification by the Administrator,                 provide the initial and transition flight             using the proper emergency equipment
      make any changes in the program that                     training in § 91.1103, as applicable.                 and procedures, unless the
      are found necessary by the                                  (c) Each training program must                     Administrator finds that, for a particular
      Administrator. Within 30 days after the                  provide recurrent ground and flight                   drill, the crewmember can be
      program manager receives the notice, it                  training as provided in § 91.1107.                    adequately trained by demonstration:
      may file a petition to reconsider the                       (d) Upgrade training in §§ 91.1101                    (1) Ditching, if applicable.
      notice with the Administrator. The                       and 91.1103 for a particular type aircraft               (2) Emergency evacuation.
      filing of a petition to reconsider stays                 may be included in the training program                  (3) Fire extinguishing and smoke
      the notice pending a decision by the                     for crewmembers who have qualified                    control.
      Administrator. However, if the                           and served as second in command on                       (4) Operation and use of emergency
      Administrator finds that there is an                     that aircraft.                                        exits, including deployment and use of
      emergency that requires immediate                           (e) In addition to initial, transition,            evacuation slides, if applicable.
      action in the interest of safety, the                    upgrade and recurrent training, each                     (5) Use of crew and passenger oxygen.
      Administrator may, upon a statement of                   training program must provide ground                     (6) Removal of life rafts from the
      the reasons, require a change effective                  and flight training, instruction, and                 aircraft, inflation of the life rafts, use of
      without stay.                                            practice necessary to ensure that each                lifelines, and boarding of passengers
                                                               crewmember—                                           and crew, if applicable.
      § 91.1079       Training program: Curriculum.               (1) Remains adequately trained and                    (7) Donning and inflation of life vests
         (a) Each program manager must                         currently proficient for each aircraft,               and the use of other individual flotation
      prepare and keep current a written                       crewmember position, and type of                      devices, if applicable.
      training program curriculum for each                     operation in which the crewmember                        (d) Crewmembers who serve in
      type of aircraft for each crewmember                     serves; and                                           operations above 25,000 feet must
      required for that type aircraft. The                        (2) Qualifies in new equipment,                    receive instruction in the following:
      curriculum must include ground and                       facilities, procedures, and techniques,                  (1) Respiration.
      flight training required by this subpart.                including modifications to aircraft.                     (2) Hypoxia.
         (b) Each training program curriculum                                                                           (3) Duration of consciousness without
      must include the following:                              § 91.1083    Crewmember emergency
                                                                                                                     supplemental oxygen at altitude.
         (1) A list of principal ground training               training.
                                                                                                                        (4) Gas expansion.
      subjects, including emergency training                     (a) Each training program must                         (5) Gas bubble formation.
      subjects, that are provided.                             provide emergency training under this                    (6) Physical phenomena and incidents
         (2) A list of all the training devices,               section for each aircraft type, model,                of decompression.
      mock-ups, systems trainers, procedures                   and configuration, each crewmember,
      trainers, or other training aids that the                and each kind of operation conducted,                 § 91.1085    Hazardous materials recognition
      program manager will use.                                as appropriate for each crewmember                    training.
         (3) Detailed descriptions or pictorial                and the program manager.                                No program manager may use any
      displays of the approved normal,                           (b) Emergency training must provide                 person to perform, and no person may
      abnormal, and emergency maneuvers,                       the following:                                        perform, any assigned duties and


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      responsibilities for the handling or                     program established under this subpart                   (f) A check pilot (simulator) must
      carriage of hazardous materials (as                      unless, with respect to the aircraft type             accomplish the following—
      defined in 49 CFR 171.8), unless that                    involved, that person—                                   (1) Fly at least two flight segments as
      person has received training in the                         (1) Holds the pilot certificates and               a required crewmember for the type,
      recognition of hazardous materials.                      ratings required to serve as a pilot in               class, or category aircraft involved
                                                               command in operations under this                      within the 12-month period preceding
      § 91.1087 Approval of aircraft simulators                subpart;                                              the performance of any check pilot duty
      and other training devices.                                 (2) Has satisfactorily completed the               in a flight simulator; or
         (a) Training courses using aircraft                   training phases for the aircraft,                        (2) Before performing any check pilot
      simulators and other training devices                    including recurrent training, that are                duty in a flight simulator, satisfactorily
      may be included in the program                           required to serve as a pilot in command               complete an approved line-observation
      manager’s training program if approved                   in operations under this subpart;                     program within the period prescribed by
      by the Administrator.                                       (3) Has satisfactorily completed the               that program.
         (b) Each aircraft simulator and other                 proficiency or competency checks that                    (g) The flight segments or line-
      training device that is used in a training               are required to serve as a pilot in                   observation program required in
      course or in checks required under this                  command in operations under this                      paragraph (f) of this section are
      subpart must meet the following                          subpart;                                              considered to be completed in the
      requirements:                                               (4) Has satisfactorily completed the               month required if completed in the
         (1) It must be specifically approved                  applicable training requirements of                   month before or the month after the
      for—                                                     § 91.1093;                                            month in which they are due.
         (i) The program manager; and                             (5) Holds at least a Class III medical
         (ii) The particular maneuver,                         certificate unless serving as a required              § 91.1091 Qualifications: Flight instructors
      procedure, or crewmember function                        crewmember, in which case holds a                     (aircraft) and flight instructors (simulator).
      involved.                                                Class I or Class II medical certificate as               (a) For the purposes of this section
         (2) It must maintain the performance,                 appropriate; and                                      and § 91.1095:
      functional, and other characteristics that                  (6) Has been approved by the                          (1) A flight instructor (aircraft) is a
      are required for approval.                               Administrator for the check pilot duties              person who is qualified to instruct in an
         (3) Additionally, for aircraft                        involved.                                             aircraft, in a flight simulator, or in a
      simulators, it must be—                                     (c) No program manager may use a                   flight training device for a particular
         (i) Approved for the type aircraft and,               person, nor may any person serve as a                 type, class, or category aircraft.
      if applicable, the particular variation                  check pilot (simulator) in a training                    (2) A flight instructor (simulator) is a
      within type for which the training or                    program established under this subpart                person who is qualified to instruct in a
      check is being conducted; and                            unless, with respect to the aircraft type             flight simulator, in a flight training
         (ii) Modified to conform with any                     involved, that person meets the                       device, or in both, for a particular type,
      modification to the aircraft being                       provisions of paragraph (b) of this                   class, or category aircraft.
      simulated that changes the performance,                  section, or—                                             (3) Flight instructors (aircraft) and
      functional, or other characteristics                        (1) Holds the applicable pilot                     flight instructors (simulator) are those
      required for approval.                                   certificates and ratings, except medical              instructors who perform the functions
         (c) A particular aircraft simulator or                certificate, required to serve as a pilot in          described in § 91.1073(a)(4) and (c).
      other training device may be used by                     command in operations under this                         (b) No program manager may use a
      more than one program manager.                           subpart;                                              person, nor may any person serve as a
         (d) In granting initial and final                        (2) Has satisfactorily completed the               flight instructor (aircraft) in a training
      approval of training programs or                         appropriate training phases for the                   program established under this subpart
      revisions to them, the Administrator                     aircraft, including recurrent training,               unless, with respect to the type, class,
      considers the training devices, methods,                 that are required to serve as a pilot in              or category aircraft involved, that
      and procedures listed in the program                     command in operations under this                      person—
      manager’s curriculum under § 91.1079.                    subpart;                                                 (1) Holds the pilot certificates and
                                                                  (3) Has satisfactorily completed the               ratings required to serve as a pilot in
      § 91.1089 Qualifications: Check pilots                   appropriate proficiency or competency                 command in operations under this
      (aircraft) and check pilots (simulator).                 checks that are required to serve as a                subpart or part 121 or 135 of this
         (a) For the purposes of this section                  pilot in command in operations under                  chapter;
      and § 91.1093:                                           this subpart;                                            (2) Has satisfactorily completed the
         (1) A check pilot (aircraft) is a person                 (4) Has satisfactorily completed the               training phases for the aircraft,
      who is qualified to conduct flight                       applicable training requirements of                   including recurrent training, that are
      checks in an aircraft, in a flight                       § 91.1093; and                                        required to serve as a pilot in command
      simulator, or in a flight training device                   (5) Has been approved by the                       in operations under this subpart;
      for a particular type aircraft.                          Administrator for the check pilot                        (3) Has satisfactorily completed the
         (2) A check pilot (simulator) is a                    (simulator) duties involved.                          proficiency or competency checks that
      person who is qualified to conduct                          (d) Completion of the requirements in              are required to serve as a pilot in
      flight checks, but only in a flight                      paragraphs (b)(2), (3), and (4) or (c)(2),            command in operations under this
      simulator, in a flight training device, or               (3), and (4) of this section, as applicable,          subpart;
      both, for a particular type aircraft.                    must be entered in the individual’s                      (4) Has satisfactorily completed the
         (3) Check pilots (aircraft) and check                 training record maintained by the                     applicable training requirements of
      pilots (simulator) are those check pilots                program manager.                                      § 91.1095; and
      who perform the functions described in                      (e) A check pilot who does not hold                   (5) Holds at least a Class III medical
      § 91.1073(a)(4) and (c).                                 an appropriate medical certificate may                certificate.
         (b) No program manager may use a                      function as a check pilot (simulator), but               (c) No program manager may use a
      person, nor may any person serve as a                    may not serve as a flightcrew member in               person, nor may any person serve as a
      check pilot (aircraft) in a training                     operations under this subpart.                        flight instructor (simulator) in a training


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      program established under this subpart,                  proficiency or competency check under                 simulator, or in a flight training device,
      unless, with respect to the type, class,                 the observation of an FAA inspector or                as appropriate.
      or category aircraft involved, that person               an aircrew designated examiner                           (g) The initial and transition flight
      meets the provisions of paragraph (b) of                 employed by the program manager. The                  training for a check pilot (simulator)
      this section, or—                                        observation check may be accomplished                 must include the following:
         (1) Holds the pilot certificates and                  in part or in full in an aircraft, in a flight           (1) Training and practice in
      ratings, except medical certificate,                     simulator, or in a flight training device.            conducting flight checks in the required
      required to serve as a pilot in command                     (b) The observation check required by              normal, abnormal, and emergency
      in operations under this subpart or part                 paragraph (a)(2) of this section is                   procedures to ensure competence to
      121 or 135 of this chapter;                              considered to have been completed in                  conduct the flight checks required by
         (2) Has satisfactorily completed the                  the month required if completed in the                this subpart. This training and practice
      appropriate training phases for the                      month before or the month after the                   must be accomplished in a flight
      aircraft, including recurrent training,                  month in which it is due.                             simulator or in a flight training device.
      that are required to serve as a pilot in                    (c) The initial ground training for                   (2) Training in the operation of flight
      command in operations under this                         check pilots must include the following:              simulators, flight training devices, or
      subpart;                                                    (1) Check pilot duties, functions, and             both, to ensure competence to conduct
         (3) Has satisfactorily completed the                  responsibilities.                                     the flight checks required by this
      appropriate proficiency or competency                       (2) The applicable provisions of the               subpart.
      checks that are required to serve as a                   Code of Federal Regulations and the
      pilot in command in operations under                                                                           § 91.1095 Initial and transition training and
                                                               program manager’s policies and                        checking: Flight instructors (aircraft), flight
      this subpart; and                                        procedures.                                           instructors (simulator).
         (4) Has satisfactorily completed the                     (3) The applicable methods,
      applicable training requirements of                                                                               (a) No program manager may use a
                                                               procedures, and techniques for                        person nor may any person serve as a
      § 91.1095.                                               conducting the required checks.
         (d) Completion of the requirements in                                                                       flight instructor unless—
                                                                  (4) Proper evaluation of student                      (1) That person has satisfactorily
      paragraphs (b)(2), (3), and (4) or (c)(2),               performance including the detection
      (3), and (4) of this section, as applicable,                                                                   completed initial or transition flight
                                                               of—                                                   instructor training; and
      must be entered in the individual’s                         (i) Improper and insufficient training;
      training record maintained by the                                                                                 (2) Within the preceding 24 months,
                                                               and                                                   that person satisfactorily conducts
      program manager.                                            (ii) Personal characteristics of an
         (e) A pilot who does not hold a                                                                             instruction under the observation of an
                                                               applicant that could adversely affect                 FAA inspector, a program manager
      medical certificate may function as a                    safety.
      flight instructor in an aircraft if                                                                            check pilot, or an aircrew designated
                                                                  (5) The corrective action in the case              examiner employed by the program
      functioning as a non-required                            of unsatisfactory checks.
      crewmember, but may not serve as a                                                                             manager. The observation check may be
                                                                  (6) The approved methods,
      flightcrew member in operations under                                                                          accomplished in part or in full in an
                                                               procedures, and limitations for
      this subpart.                                                                                                  aircraft, in a flight simulator, or in a
                                                               performing the required normal,
         (f) A flight instructor (simulator) must                                                                    flight training device.
                                                               abnormal, and emergency procedures in                    (b) The observation check required by
      accomplish the following—                                the aircraft.
         (1) Fly at least two flight segments as                                                                     paragraph (a)(2) of this section is
                                                                  (d) The transition ground training for
      a required crewmember for the type,                                                                            considered to have been completed in
                                                               a check pilot must include the approved
      class, or category aircraft involved                                                                           the month required if completed in the
                                                               methods, procedures, and limitations
      within the 12-month period preceding                                                                           month before, or the month after, the
                                                               for performing the required normal,
      the performance of any flight instructor                                                                       month in which it is due.
                                                               abnormal, and emergency procedures                       (c) The initial ground training for
      duty in a flight simulator; or                           applicable to the aircraft to which the
         (2) Satisfactorily complete an                                                                              flight instructors must include the
                                                               check pilot is in transition.                         following:
      approved line-observation program
                                                                  (e) The initial and transition flight                 (1) Flight instructor duties, functions,
      within the period prescribed by that
                                                               training for a check pilot (aircraft) must            and responsibilities.
      program and that must precede the
                                                               include the following—                                   (2) The applicable Code of Federal
      performance of any check pilot duty in                      (1) The safety measures for emergency
      a flight simulator.                                                                                            Regulations and the program manager’s
                                                               situations that are likely to develop                 policies and procedures.
         (g) The flight segments or line-
                                                               during a check;                                          (3) The applicable methods,
      observation program required in
                                                                  (2) The potential results of improper,             procedures, and techniques for
      paragraph (f) of this section are
                                                               untimely, or nonexecution of safety                   conducting flight instruction.
      considered completed in the month
                                                               measures during a check;                                 (4) Proper evaluation of student
      required if completed in the month                          (3) Training and practice in
      before, or in the month after, the month                                                                       performance including the detection
                                                               conducting flight checks from the left                of—
      in which they are due.                                   and right pilot seats in the required                    (i) Improper and insufficient training;
      § 91.1093 Initial and transition training and            normal, abnormal, and emergency                       and
      checking: Check pilots (aircraft), check                 procedures to ensure competence to                       (ii) Personal characteristics of an
      pilots (simulator).                                      conduct the pilot flight checks required              applicant that could adversely affect
        (a) No program manager may use a                       by this subpart; and                                  safety.
      person nor may any person serve as a                        (4) The safety measures to be taken                   (5) The corrective action in the case
      check pilot unless—                                      from either pilot seat for emergency                  of unsatisfactory training progress.
        (1) That person has satisfactorily                     situations that are likely to develop                    (6) The approved methods,
      completed initial or transition check                    during checking.                                      procedures, and limitations for
      pilot training; and                                         (f) The requirements of paragraph (e)              performing the required normal,
        (2) Within the preceding 24 months,                    of this section may be accomplished in                abnormal, and emergency procedures in
      that person satisfactorily conducts a                    full or in part in flight, in a flight                the aircraft.


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                       54579

         (7) Except for holders of a flight                    assigned, and will ensure that they are                  (4) Air traffic control systems,
      instructor certificate—                                  adequately trained to meet the                        procedures, and phraseology;
         (i) The fundamental principles of the                 applicable knowledge and practical                       (5) Navigation and the use of
      teaching-learning process;                               testing requirements of §§ 91.1065                    navigational aids, including instrument
         (ii) Teaching methods and                             through 91.1071.                                      approach procedures;
      procedures; and                                             (b) Each program manager required to                  (6) Normal and emergency
         (iii) The instructor-student                          have a training program by paragraph (a)              communication procedures;
      relationship.                                            of this section must include in that                     (7) Visual cues before and during
         (d) The transition ground training for                program ground and flight training                    descent below Decision Altitude or
      flight instructors must include the                      curriculums for—                                      MDA; and
      approved methods, procedures, and                           (1) Initial training;                                 (8) Other instructions necessary to
      limitations for performing the required                     (2) Transition training;                           ensure the pilot’s competence.
      normal, abnormal, and emergency                             (3) Upgrade training;                                 (b) For each aircraft type—
      procedures applicable to the type, class,                   (4) Differences training;                             (1) A general description;
      or category aircraft to which the flight                    (5) Recurrent training; and                           (2) Performance characteristics;
      instructor is in transition.                                (6) Requalification training.                         (3) Engines and propellers;
         (e) The initial and transition flight                    (c) Each program manager must                         (4) Major components;
      training for flight instructors (aircraft)               provide current and appropriate study                    (5) Major aircraft systems (that is,
      must include the following—                              materials for use by each required pilot              flight controls, electrical, and
         (1) The safety measures for emergency                 and flight attendant.                                 hydraulic), other systems, as
                                                                  (d) The program manager must                       appropriate, principles of normal,
      situations that are likely to develop
                                                               furnish copies of the pilot and flight                abnormal, and emergency operations,
      during instruction;
         (2) The potential results of improper                 attendant crewmember training                         appropriate procedures and limitations;
      or untimely safety measures during                       program, and all changes and additions,                  (6) Knowledge and procedures for—
      instruction;                                             to the assigned representative of the                    (i) Recognizing and avoiding severe
         (3) Training and practice from the left               Administrator. If the program manager                 weather situations;
      and right pilot seats in the required                    uses training facilities of other persons,               (ii) Escaping from severe weather
      normal, abnormal, and emergency                          a copy of those training programs or                  situations, in case of inadvertent
      maneuvers to ensure competence to                        appropriate portions used for those                   encounters, including low-altitude
      conduct the flight instruction required                  facilities must also be furnished.                    windshear (except that rotorcraft pilots
      by this subpart; and                                     Curricula that follow FAA published                   are not required to be trained in
         (4) The safety measures to be taken                   curricula may be cited by reference in                escaping from low-altitude windshear);
      from either the left or right pilot seat for             the copy of the training program                         (iii) Operating in or near
      emergency situations that are likely to                  furnished to the representative of the                thunderstorms (including best
      develop during instruction.                              Administrator and need not be                         penetration altitudes), turbulent air
         (f) The requirements of paragraph (e)                 furnished with the program.                           (including clear air turbulence), inflight
      of this section may be accomplished in                   § 91.1099 Crewmember initial and                      icing, hail, and other potentially
      full or in part in flight, in a flight                   recurrent training requirements.                      hazardous meteorological conditions;
      simulator, or in a flight training device,                 No program manager may use a                        and
      as appropriate.                                          person, nor may any person serve, as a                   (iv) Operating airplanes during
         (g) The initial and transition flight                 crewmember in operations under this                   ground icing conditions, (that is, any
      training for a flight instructor                         subpart unless that crewmember has                    time conditions are such that frost, ice,
      (simulator) must include the following:                  completed the appropriate initial or                  or snow may reasonably be expected to
         (1) Training and practice in the                      recurrent training phase of the training              adhere to the aircraft), if the program
      required normal, abnormal, and                           program appropriate to the type of                    manager expects to authorize takeoffs in
      emergency procedures to ensure                           operation in which the crewmember is                  ground icing conditions, including:
      competence to conduct the flight                         to serve since the beginning of the 12th                 (A) The use of holdover times when
      instruction required by this subpart.                    month before that service.                            using deicing/anti-icing fluids;
      These maneuvers and procedures must                                                                               (B) Airplane deicing/anti-icing
      be accomplished in full or in part in a                  § 91.1101 Pilots: Initial, transition, and            procedures, including inspection and
      flight simulator or in a flight training                 upgrade ground training.                              check procedures and responsibilities;
      device.                                                     Initial, transition, and upgrade ground               (C) Communications;
         (2) Training in the operation of flight               training for pilots must include                         (D) Airplane surface contamination
      simulators, flight training devices, or                  instruction in at least the following, as             (that is, adherence of frost, ice, or snow)
      both, to ensure competence to conduct                    applicable to their duties:                           and critical area identification, and
      the flight instruction required by this                     (a) General subjects—                              knowledge of how contamination
      subpart.                                                    (1) The program manager’s flight                   adversely affects airplane performance
                                                               locating procedures;                                  and flight characteristics;
      § 91.1097 Pilot and flight attendant                        (2) Principles and methods for                        (E) Types and characteristics of
      crewmember training programs.                            determining weight and balance, and                   deicing/anti-icing fluids, if used by the
         (a) Each program manager must                         runway limitations for takeoff and                    program manager;
      establish and maintain an approved                       landing;                                                 (F) Cold weather preflight inspection
      pilot training program, and each                            (3) Enough meteorology to ensure a                 procedures;
      program manager who uses a flight                        practical knowledge of weather                           (G) Techniques for recognizing
      attendant crewmember must establish                      phenomena, including the principles of                contamination on the airplane;
      and maintain an approved flight                          frontal systems, icing, fog,                             (7) Operating limitations;
      attendant training program, that is                      thunderstorms, windshear and, if                         (8) Fuel consumption and cruise
      appropriate to the operations to which                   appropriate, high altitude weather                    control;
      each pilot and flight attendant is to be                 situations;                                              (9) Flight planning;


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        (10) Each normal and emergency                           (3) Proper use of electrical galley                    (b) Each person desiring to establish
      procedure; and                                           equipment and the controls for cabin                  or change an approved inspection
        (11) The approved Aircraft Flight                      heat and ventilation.                                 program under this section must submit
      Manual or equivalent.                                                                                          the inspection program for approval to
                                                               § 91.1107    Recurrent training.
                                                                                                                     the Flight Standards District Office that
      § 91.1103 Pilots: Initial, transition,                      (a) Each program manager must                      issued the program manager’s
      upgrade, requalification, and differences                ensure that each crewmember receives                  management specifications. The
      flight training.                                         recurrent training and is adequately                  inspection program must be derived
         (a) Initial, transition, upgrade,                     trained and currently proficient for the              from one of the following programs:
      requalification, and differences training                type aircraft and crewmember position                    (1) An inspection program currently
      for pilots must include flight and                       involved.                                             recommended by the manufacturer of
      practice in each of the maneuvers and                       (b) Recurrent ground training for                  the aircraft, aircraft engines, propellers,
      procedures contained in each of the                      crewmembers must include at least the                 appliances, and survival and emergency
      curriculums that are a part of the                       following:
                                                                                                                     equipment;
      approved training program.                                  (1) A quiz or other review to
                                                                                                                        (2) An inspection program that is part
         (b) The maneuvers and procedures                      determine the crewmember’s knowledge
                                                                                                                     of a continuous airworthiness
      required by paragraph (a) of this section                of the aircraft and crewmember position
                                                               involved.                                             maintenance program currently in use
      must be performed in flight, except to                                                                         by a person holding an air carrier or
                                                                  (2) Instruction as necessary in the
      the extent that certain maneuvers and                                                                          operating certificate issued under part
                                                               subjects required for initial ground
      procedures may be performed in an                                                                              119 of this chapter and operating that
                                                               training by this subpart, as appropriate,
      aircraft simulator, or an appropriate                                                                          make and model aircraft under part 121
                                                               including low-altitude windshear
      training device, as allowed by this                                                                            or 135 of this chapter;
                                                               training and training on operating
      subpart.                                                                                                          (3) An aircraft inspection program
                                                               during ground icing conditions, as
         (c) If the program manager’s approved                 prescribed in § 91.1097 and described in              approved under § 135.419 of this
      training program includes a course of                    § 91.1101, and emergency training.                    chapter and currently in use under part
      training using an aircraft simulator or                     (c) Recurrent flight training for pilots           135 of this chapter by a person holding
      other training device, each pilot must                   must include, at least, flight training in            a certificate issued under part 119 of
      successfully complete—                                   the maneuvers or procedures in this                   this chapter; or
         (1) Training and practice in the                      subpart, except that satisfactory                        (4) An airplane inspection program
      simulator or training device in at least                 completion of the check required by                   approved under § 125.247 of this
      the maneuvers and procedures in this                     § 91.1065 within the preceding 12                     chapter and currently in use under part
      subpart that are capable of being                        months may be substituted for recurrent               125 of this chapter.
      performed in the aircraft simulator or                   flight training.                                         (5) An inspection program that is part
      training device; and                                                                                           of the program manager’s continuous
         (2) A flight check in the aircraft or a               § 91.1109    Aircraft maintenance: Inspection         airworthiness maintenance program
                                                               program.                                              under §§ 91.1411 through 91.1443.
      check in the simulator or training device
      to the level of proficiency of a pilot in                  Each program manager must establish                    (c) The Administrator may require
      command or second in command, as                         an aircraft inspection program for each               revision of the inspection program
      applicable, in at least the maneuvers                    make and model program aircraft and                   approved under this section in
      and procedures that are capable of being                 ensure each aircraft is inspected in                  accordance with the provisions of
      performed in an aircraft simulator or                    accordance with that inspection                       § 91.415.
      training device.                                         program.
                                                                 (a) The inspection program must be in               § 91.1111    Maintenance training.
      § 91.1105 Flight attendants: Initial and                 writing and include at least the                        The program manager must ensure
      transition ground training.                              following information:                                that all employees who are responsible
        Initial and transition ground training                   (1) Instructions and procedures for the             for maintenance related to program
      for flight attendants must include                       conduct of inspections for the particular             aircraft undergo appropriate initial and
      instruction in at least the following—                   make and model aircraft, including                    annual recurrent training and are
        (a) General subjects—                                  necessary tests and checks. The                       competent to perform those duties.
                                                               instructions and procedures must set
        (1) The authority of the pilot in                                                                            § 91.1113    Maintenance recordkeeping.
                                                               forth in detail the parts and areas of the
      command; and
                                                               airframe, engines, propellers, rotors, and              Each fractional ownership program
        (2) Passenger handling, including                      appliances, including survival and                    manager must keep (using the system
      procedures to be followed in handling                    emergency equipment required to be                    specified in the manual required in
      deranged persons or other persons                        inspected.                                            § 91.1025) the records specified in
      whose conduct might jeopardize safety.                     (2) A schedule for performing the                   § 91.417(a) for the periods specified in
        (b) For each aircraft type—                            inspections that must be accomplished                 § 91.417(b).
        (1) A general description of the                       under the inspection program expressed
      aircraft emphasizing physical                            in terms of the time in service, calendar             § 91.1115 Inoperable instruments and
      characteristics that may have a bearing                  time, number of system operations, or                 equipment.
      on ditching, evacuation, and inflight                    any combination thereof.                                 (a) No person may take off an aircraft
      emergency procedures and on other                          (3) The name and address of the                     with inoperable instruments or
      related duties;                                          person responsible for scheduling the                 equipment installed unless the
        (2) The use of both the public address                 inspections required by the inspection                following conditions are met:
      system and the means of                                  program. A copy of the inspection                        (1) An approved Minimum
      communicating with other flight                          program must be made available to the                 Equipment List exists for that aircraft.
      crewmembers, including emergency                         person performing inspections on the                     (2) The program manager has been
      means in the case of attempted hijacking                 aircraft and, upon request, to the                    issued management specifications
      or other unusual situations; and                         Administrator.                                        authorizing operations in accordance


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                       54581

      with an approved Minimum Equipment                       91.1443. Any program manager who                         (2) Fires during flight not protected by
      List. The flight crew must have direct                   elects to maintain the program aircraft               related fire-warning system;
      access at all times prior to flight to all               using a continuous airworthiness                         (3) False fire-warning during flight;
      of the information contained in the                      maintenance program must comply with                     (4) An exhaust system that causes
      approved Minimum Equipment List                          §§ 91.1413 through 91.1443.                           damage during flight to the engine,
      through printed or other means                                                                                 adjacent structure, equipment, or
                                                               § 91.1413 CAMP: Responsibility for                    components;
      approved by the Administrator in the                     airworthiness.
      program manager’s management                                                                                      (5) An aircraft component that causes
      specifications. An approved Minimum                         (a) For aircraft maintained in                     accumulation or circulation of smoke,
                                                               accordance with a Continuous                          vapor, or toxic or noxious fumes in the
      Equipment List, as authorized by the
                                                               Airworthiness Maintenance Program,                    crew compartment or passenger cabin
      management specifications, constitutes
                                                               each program manager is primarily                     during flight;
      an approved change to the type design
                                                               responsible for the following:                           (6) Engine shutdown during flight
      without requiring recertification.                          (1) Maintaining the airworthiness of
         (3) The approved Minimum                                                                                    because of flameout;
                                                               the program aircraft, including                          (7) Engine shutdown during flight
      Equipment List must:
                                                               airframes, aircraft engines, propellers,              when external damage to the engine or
         (i) Be prepared in accordance with the
                                                               rotors, appliances, and parts.                        aircraft structure occurs;
      limitations specified in paragraph (b) of                   (2) Maintaining its aircraft in
      this section.                                                                                                     (8) Engine shutdown during flight
                                                               accordance with the requirements of                   because of foreign object ingestion or
         (ii) Provide for the operation of the                 this chapter.
      aircraft with certain instruments and                                                                          icing;
                                                                  (3) Repairing defects that occur                      (9) Shutdown of more than one engine
      equipment in an inoperable condition.                    between regularly scheduled
         (4) Records identifying the inoperable                                                                      during flight;
                                                               maintenance required under part 43 of                    (10) A propeller feathering system or
      instruments and equipment and the                        this chapter.
      information required by (a)(3)(ii) of this                                                                     ability of the system to control
                                                                  (b) Each program manager who
      section must be available to the pilot.                                                                        overspeed during flight;
                                                               maintains program aircraft under a
         (5) The aircraft is operated under all                                                                         (11) A fuel or fuel-dumping system
                                                               CAMP must—
      applicable conditions and limitations                                                                          that affects fuel flow or causes
                                                                  (1) Employ a Director of Maintenance
      contained in the Minimum Equipment                                                                             hazardous leakage during flight;
                                                               or equivalent position. The Director of
      List and the management specifications                                                                            (12) An unwanted landing gear
                                                               Maintenance must be a certificated
      authorizing use of the Minimum                                                                                 extension or retraction or opening or
                                                               mechanic with airframe and powerplant
      Equipment List.                                                                                                closing of landing gear doors during
                                                               ratings who has responsibility for the
         (b) The following instruments and                                                                           flight;
                                                               maintenance program on all program
      equipment may not be included in the                                                                              (13) Brake system components that
                                                               aircraft maintained under a continuous
      Minimum Equipment List:                                                                                        result in loss of brake actuating force
                                                               airworthiness maintenance program.
         (1) Instruments and equipment that                                                                          when the aircraft is in motion on the
                                                               This person cannot also act as Chief
      are either specifically or otherwise                                                                           ground;
                                                               Inspector.
      required by the airworthiness                               (2) Employ a Chief Inspector or                       (14) Aircraft structure that requires
      requirements under which the airplane                    equivalent position. The Chief Inspector              major repair;
      is type certificated and that are essential                                                                       (15) Cracks, permanent deformation,
                                                               must be a certificated mechanic with
      for safe operations under all operating                                                                        or corrosion of aircraft structures, if
                                                               airframe and powerplant ratings who
      conditions.                                              has overall responsibility for inspection             more than the maximum acceptable to
         (2) Instruments and equipment                         aspects of the CAMP. This person                      the manufacturer or the FAA; and
      required by an airworthiness directive                                                                            (16) Aircraft components or systems
                                                               cannot also act as Director of
      to be in operable condition unless the                                                                         that result in taking emergency actions
                                                               Maintenance.
      airworthiness directive provides                            (3) Have the personnel to perform the              during flight (except action to shut
      otherwise.                                               maintenance of program aircraft,                      down an engine).
         (3) Instruments and equipment                         including airframes, aircraft engines,                   (b) For the purpose of this section,
      required for specific operations by this                 propellers, rotors, appliances,                       during flight means the period from the
      part.                                                    emergency equipment and parts, under                  moment the aircraft leaves the surface of
         (c) Notwithstanding paragraphs (b)(1)                 its manual and this chapter; or make                  the earth on takeoff until it touches
      and (b)(3) of this section, an aircraft                  arrangements with another person for                  down on landing.
      with inoperable instruments or                           the performance of maintenance.                          (c) In addition to the reports required
      equipment may be operated under a                        However, the program manager must                     by paragraph (a) of this section, each
      special flight permit under §§ 21.197                    ensure that any maintenance, preventive               program manager must report any other
      and 21.199 of this chapter.                              maintenance, or alteration that is                    failure, malfunction, or defect in an
         (d) A person authorized to use an                     performed by another person is                        aircraft that occurs or is detected at any
      approved Minimum Equipment List                          performed under the program manager’s                 time if, in the manager’s opinion, the
      issued for a specific aircraft under part                operating manual and this chapter.                    failure, malfunction, or defect has
      121, 125, or 135 of this chapter must use                                                                      endangered or may endanger the safe
      that Minimum Equipment List to                           § 91.1415    CAMP: Mechanical reliability             operation of the aircraft.
      comply with this section.
                                                               reports.                                                 (d) Each program manager must send
                                                                 (a) Each program manager who                        each report required by this section, in
      § 91.1411 Continuous airworthiness                       maintains program aircraft under a                    writing, covering each 24-hour period
      maintenance program use by fractional                    CAMP must report the occurrence or                    beginning at 0900 hours local time of
      ownership program manager.                               detection of each failure, malfunction,               each day and ending at 0900 hours local
        Fractional ownership program aircraft                  or defect in an aircraft concerning—                  time on the next day to the Flight
      may be maintained under a continuous                       (1) Fires during flight and whether the             Standards District Office that issued the
      airworthiness maintenance program                        related fire-warning system functioned                program manager’s management
      (CAMP) under §§ 91.1413 through                          properly;                                             specifications. Each report of


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      occurrences during a 24-hour period                      mail or deliver, before the end of the                by its personnel, or by other persons, are
      must be mailed or transmitted to that                    10th day of the following month, a                    performed under the program manager’s
      office within the next 72 hours.                         summary report of the following                       manual;
      However, a report that is due on                         occurrences in multiengine aircraft for                 (b) Competent personnel and
      Saturday or Sunday may be mailed or                      the preceding month to the Flight                     adequate facilities and equipment are
      transmitted on the following Monday                      Standards District Office that issued the             provided for the proper performance of
      and one that is due on a holiday may                     management specifications:                            maintenance, preventive maintenance,
      be mailed or transmitted on the next                        (a) Each interruption to a flight,                 or alterations; and
      workday. For aircraft operated in areas                  unscheduled change of aircraft en route,                (c) Each aircraft released to service is
      where mail is not collected, reports may                 or unscheduled stop or diversion from                 airworthy and has been properly
      be mailed or transmitted within 72                       a route, caused by known or suspected                 maintained for operation under this
      hours after the aircraft returns to a point              mechanical difficulties or malfunctions               part.
      where the mail is collected.                             that are not required to be reported
         (e) The program manager must                          under § 91.1415.                                      § 91.1427    CAMP: Manual requirements.
      transmit the reports required by this                       (b) The number of propeller                          (a) Each program manager who
      section on a form and in a manner                        featherings in flight, listed by type of              maintains program aircraft under a
      prescribed by the Administrator, and                     propeller and engine and aircraft on                  CAMP must put in the operating manual
      must include as much of the following                    which it was installed. Propeller                     the chart or description of the program
      as is available:                                         featherings for training, demonstration,              manager’s organization required by
         (1) The type and identification                       or flight check purposes need not be                  § 91.1423 and a list of persons with
      number of the aircraft.                                  reported.                                             whom it has arranged for the
         (2) The name of the program manager.                                                                        performance of any of its required
         (3) The date.                                         § 91.1423 CAMP: Maintenance                           inspections, and other maintenance,
         (4) The nature of the failure,                        organization.
                                                                                                                     preventive maintenance, or alterations,
      malfunction, or defect.                                    (a) Each program manager who
         (5) Identification of the part and                                                                          including a general description of that
                                                               maintains program aircraft under a                    work.
      system involved, including available                     CAMP that has its personnel perform
      information pertaining to type                                                                                   (b) Each program manager must put in
                                                               any of its maintenance (other than                    the operating manual the programs
      designation of the major component and                   required inspections), preventive
      time since last overhaul, if known.                                                                            required by § 91.1425 that must be
                                                               maintenance, or alterations, and each                 followed in performing maintenance,
         (6) Apparent cause of the failure,                    person with whom it arranges for the
      malfunction or defect (for example,                                                                            preventive maintenance, or alterations
                                                               performance of that work, must have an                of that program manager’s aircraft,
      wear, crack, design deficiency, or                       organization adequate to perform the
      personnel error).                                                                                              including airframes, aircraft engines,
                                                               work.                                                 propellers, rotors, appliances,
         (7) Other pertinent information
                                                                 (b) Each program manager who has                    emergency equipment, and parts, and
      necessary for more complete
                                                               personnel perform any inspections                     must include at least the following:
      identification, determination of
                                                               required by the program manager’s                       (1) The method of performing routine
      seriousness, or corrective action.
         (f) A program manager that is also the                manual under § 91.1427(b) (2) or (3), (in             and nonroutine maintenance (other than
      holder of a type certificate (including a                this subpart referred to as required                  required inspections), preventive
      supplemental type certificate), a Parts                  inspections), and each person with                    maintenance, or alterations.
      Manufacturer Approval, or a Technical                    whom the program manager arranges for
                                                                                                                       (2) A designation of the items of
      Standard Order Authorization, or that is                 the performance of that work, must have
                                                                                                                     maintenance and alteration that must be
      the licensee of a type certificate need                  an organization adequate to perform that
                                                                                                                     inspected (required inspections)
      not report a failure, malfunction, or                    work.
                                                                                                                     including at least those that could result
      defect under this section if the failure,                  (c) Each person performing required
                                                                                                                     in a failure, malfunction, or defect
      malfunction, or defect has been reported                 inspections in addition to other
                                                                                                                     endangering the safe operation of the
      by it under § 21.3 of this chapter or                    maintenance, preventive maintenance,
                                                                                                                     aircraft, if not performed properly or if
      under the accident reporting provisions                  or alterations, must organize the
                                                                                                                     improper parts or materials are used.
      of part 830 of the regulations of the                    performance of those functions so as to
                                                                                                                       (3) The method of performing
      National Transportation Safety Board.                    separate the required inspection
                                                                                                                     required inspections and a designation
         (g) No person may withhold a report                   functions from the other maintenance,
                                                                                                                     by occupational title of personnel
      required by this section even when not                   preventive maintenance, or alteration
                                                                                                                     authorized to perform each required
      all information required by this section                 functions. The separation must be below
                                                                                                                     inspection.
      is available.                                            the level of administrative control at
                                                               which overall responsibility for the                    (4) Procedures for the reinspection of
         (h) When the program manager                                                                                work performed under previous
      receives additional information,                         required inspection functions and other
                                                               maintenance, preventive maintenance,                  required inspection findings (buy-back
      including information from the                                                                                 procedures).
      manufacturer or other agency,                            or alterations is exercised.
                                                                                                                       (5) Procedures, standards, and limits
      concerning a report required by this
                                                               § 91.1425 CAMP: Maintenance, preventive               necessary for required inspections and
      section, the program manager must                        maintenance, and alteration programs.                 acceptance or rejection of the items
      expeditiously submit it as a supplement
                                                                 Each program manager who maintains                  required to be inspected and for
      to the first report and reference the date
                                                               program aircraft under a CAMP must                    periodic inspection and calibration of
      and place of submission of the first
                                                               have an inspection program and a                      precision tools, measuring devices, and
      report.
                                                               program covering other maintenance,                   test equipment.
      § 91.1417 CAMP: Mechanical interruption                  preventive maintenance, or alterations                  (6) Procedures to ensure that all
      summary report.                                          that ensures that—                                    required inspections are performed.
        Each program manager who maintains                       (a) Maintenance, preventive                           (7) Instructions to prevent any person
      program aircraft under a CAMP must                       maintenance, or alterations performed                 who performs any item of work from


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                      54583

      performing any required inspection of                    to conduct required inspections. The                  repair stations located outside the
      that work.                                               persons must be identified by name,                   United States certificated under the
        (8) Instructions and procedures to                     occupational title, and the inspections               provisions of part 145 of this chapter,
      prevent any decision of an inspector                     that they are authorized to perform. The              each person who is directly in charge of
      regarding any required inspection from                   program manager (or person with whom                  maintenance, preventive maintenance,
      being countermanded by persons other                     it arranges to perform its required                   or alterations for a CAMP, and each
      than supervisory personnel of the                        inspections) must give written                        person performing required inspections
      inspection unit, or a person at the level                information to each person so                         for a CAMP must hold an appropriate
      of administrative control that has                       authorized, describing the extent of that             airman certificate.
      overall responsibility for the                           person’s responsibilities, authorities,                  (b) For the purpose of this section, a
      management of both the required                          and inspectional limitations. The list                person ‘‘directly in charge’’ is each
      inspection functions and the other                       must be made available for inspection                 person assigned to a position in which
      maintenance, preventive maintenance,                     by the Administrator upon request.                    that person is responsible for the work
      or alterations functions.                                                                                      of a shop or station that performs
        (9) Procedures to ensure that                          § 91.1431 CAMP: Continuing analysis and               maintenance, preventive maintenance,
      maintenance (including required                          surveillance.                                         alterations, or other functions affecting
      inspections), preventive maintenance,                       (a) Each program manager who                       airworthiness. A person who is directly
      or alterations that are not completed                    maintains program aircraft under a                    in charge need not physically observe
      because of work interruptions are                        CAMP must establish and maintain a                    and direct each worker constantly but
      properly completed before the aircraft is                system for the continuing analysis and                must be available for consultation and
      released to service.                                     surveillance of the performance and                   decision on matters requiring
        (c) Each program manager must put in                   effectiveness of its inspection program               instruction or decision from higher
      the manual a suitable system (which                      and the program covering other                        authority than that of the person
      may include an electronic or coded                       maintenance, preventive maintenance,                  performing the work.
      system) that provides for the retention                  and alterations and for the correction of
                                                                                                                     § 91.1437 CAMP: Authority to perform and
      of the following information —                           any deficiency in those programs,
                                                                                                                     approve maintenance.
        (1) A description (or reference to data                regardless of whether those programs
                                                               are carried out by employees of the                     A program manager who maintains
      acceptable to the Administrator) of the
                                                               program manager or by another person.                 program aircraft under a CAMP may
      work performed;
                                                                  (b) Whenever the Administrator finds               employ maintenance personnel, or make
        (2) The name of the person
                                                               that the programs described in                        arrangements with other persons to
      performing the work if the work is
                                                               paragraph (a) of this section does not                perform maintenance and preventive
      performed by a person outside the
                                                                                                                     maintenance as provided in its
      organization of the program manager;                     contain adequate procedures and
                                                                                                                     maintenance manual. Unless properly
      and                                                      standards to meet this part, the program
                                                                                                                     certificated, the program manager may
        (3) The name or other positive                         manager must, after notification by the
                                                                                                                     not perform or approve maintenance for
      identification of the individual                         Administrator, make changes in those
                                                                                                                     return to service.
      approving the work.                                      programs requested by the
        (d) For the purposes of this part, the                 Administrator.                                        § 91.1439 CAMP: Maintenance recording
      program manager must prepare that part                      (c) A program manager may petition                 requirements.
      of its manual containing maintenance                     the Administrator to reconsider the                     (a) Each program manager who
      information and instructions, in whole                   notice to make a change in a program.                 maintains program aircraft under a
      or in part, in a format acceptable to the                The petition must be filed with the                   CAMP must keep (using the system
      Administrator, that is retrievable in the                Director, Flight Standards Service,                   specified in the manual required in
      English language.                                        within 30 days after the program                      § 91.1427) the following records for the
                                                               manager receives the notice. Except in                periods specified in paragraph (b) of this
      § 91.1429 CAMP: Required inspection
                                                               the case of an emergency requiring                    section:
      personnel.
                                                               immediate action in the interest of                     (1) All the records necessary to show
         (a) No person who maintains an                        safety, the filing of the petition stays the          that all requirements for the issuance of
      aircraft under a CAMP may use any                        notice pending a decision by the                      an airworthiness release under
      person to perform required inspections                   Administrator.                                        § 91.1443 have been met.
      unless the person performing the                                                                                 (2) Records containing the following
      inspection is appropriately certificated,                § 91.1433 CAMP: Maintenance and                       information:
      properly trained, qualified, and                         preventive maintenance training program.                (i) The total time in service of the
      authorized to do so.                                       Each program manager who maintains                  airframe, engine, propeller, and rotor.
         (b) No person may allow any person                    program aircraft under a CAMP or a                      (ii) The current status of life-limited
      to perform a required inspection unless,                 person performing maintenance or                      parts of each airframe, engine, propeller,
      at the time the work was performed, the                  preventive maintenance functions for it               rotor, and appliance.
      person performing that inspection is                     must have a training program to ensure                  (iii) The time since last overhaul of
      under the supervision and control of the                 that each person (including inspection                each item installed on the aircraft that
      chief inspector.                                         personnel) who determines the                         are required to be overhauled on a
         (c) No person may perform a required                  adequacy of work done is fully informed               specified time basis.
      inspection if that person performed the                  about procedures and techniques and                     (iv) The identification of the current
      item of work required to be inspected.                   new equipment in use and is competent                 inspection status of the aircraft,
         (d) Each program manager must                         to perform that person’s duties.                      including the time since the last
      maintain, or must ensure that each                                                                             inspections required by the inspection
      person with whom it arranges to                          § 91.1435    CAMP: Certificate requirements.          program under which the aircraft and its
      perform required inspections maintains,                    (a) Except for maintenance,                         appliances are maintained.
      a current listing of persons who have                    preventive maintenance, alterations,                    (v) The current status of applicable
      been trained, qualified, and authorized                  and required inspections performed by                 airworthiness directives, including the


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      date and methods of compliance, and, if                  maintenance, preventive maintenance,                  authorization, the Administrator must
      the airworthiness directive involves                     or alterations are performed unless                   find that the operator’s aircraft have
      recurring action, the time and date                      qualified, certificated personnel                     been approved in accordance with
      when the next action is required.                        employed by the program manager                       Section 2 of this appendix and the
         (vi) A list of current major alterations              prepare, or cause the person with whom                operator complies with this section.
      and repairs to each airframe, engine,                    the program manager arranges for the                     (b) * * *
      propeller, rotor, and appliance.                         performance of the maintenance,                          (2) For an applicant who operates
         (b) Each program manager must retain                  preventive maintenance, or alterations,               under part 121 or 135 of this chapter or
      the records required to be kept by this                  to prepare—                                           under subpart K of this part, initial and
      section for the following periods:                         (1) An airworthiness release; or                    recurring pilot training requirements.
         (1) Except for the records of the last                  (2) An appropriate entry in the aircraft               (3) Policies and procedures: An
      complete overhaul of each airframe,                      maintenance log.                                      applicant who operates under part 121
      engine, propeller, rotor, and appliance                    (b) The airworthiness release or log                or 135 of this chapter or under subpart
      the records specified in paragraph (a)(1)                entry required by paragraph (a) of this               K of this part must submit RVSM
      of this section must be retained until the               section must—                                         policies and procedures that will enable
      work is repeated or superseded by other                    (1) Be prepared in accordance with
                                                                                                                     it to conduct RVSM operations safely.
      work or for one year after the work is                   the procedure in the program manager’s
                                                               manual;                                               *      *     *    *    *
      performed.
         (2) The records of the last complete                    (2) Include a certification that—                   Section 7. Removal or Amendment of
      overhaul of each airframe, engine,                         (i) The work was performed in                       Authority
      propeller, rotor, and appliance must be                  accordance with the requirements of the
                                                               program manager’s manual;                               The Administrator may amend
      retained until the work is superseded by
                                                                 (ii) All items required to be inspected             operations specifications or
      work of equivalent scope and detail.
                                                               were inspected by an authorized person                management specifications issued under
         (3) The records specified in paragraph
                                                               who determined that the work was                      subpart K of this part to revoke or
      (a)(2) of this section must be retained as
                                                               satisfactorily completed;                             restrict an RVSM authorization, or may
      specified unless transferred with the
                                                                 (iii) No known condition exists that                revoke or restrict an RVSM letter of
      aircraft at the time the aircraft is sold.
                                                               would make the aircraft unairworthy;                  authorization, if the Administrator
         (c) The program manager must make
                                                                 (iv) So far as the work performed is                determines that the operator is not
      all maintenance records required to be
                                                               concerned, the aircraft is in condition               complying, or is unable to comply, with
      kept by this section available for
                                                               for safe operation; and                               this appendix or subpart H of this part.
      inspection by the Administrator or any
                                                                 (3) Be signed by an authorized                      Examples of reasons for amendment,
      representative of the National
                                                               certificated mechanic.                                revocation, ore restriction include, but
      Transportation Safety Board.
                                                                 (c) Notwithstanding paragraph (b)(3)                are not limited to, an operator’s:
      § 91.1441       CAMP: Transfer of maintenance            of this section, after maintenance,                   *     *     *     *     *
      records.                                                 preventive maintenance, or alterations
        When a U.S.-registered fractional                      performed by a repair station                         PART 119—CERTIFICATION: AIR
      ownership program aircraft maintained                    certificated under the provisions of part             CARRIERS AND COMMERCIAL
      under a CAMP is removed from the list                    145 of this chapter, the approval for                 OPERATORS
      of program aircraft in the management                    return to service or log entry required by
      specifications, the program manager                      paragraph (a) of this section may be                  s 23. The authority citation for part 119
      must transfer to the purchaser, at the                   signed by a person authorized by that                 continues to read as follows:
      time of the sale, the following records of               repair station.                                         Authority: 49 U.S.C. 106(g), 1153, 40101,
      that aircraft, in plain language form or                   (d) Instead of restating each of the                40102, 40103, 40113, 44105, 44106, 44111,
      in coded form that provides for the                      conditions of the certification required              44701–44717, 44722, 44901, 44903, 44904,
      preservation and retrieval of                            by paragraph (b) of this section, the                 44906, 44912, 44914, 44936, 44938, 46103,
      information in a manner acceptable to                    program manager may state in its                      46105.
      the Administrator:                                       manual that the signature of an                       s 24. Amend § 119.1 by revising
        (a) The records specified in                           authorized certificated mechanic or                   paragraph (d) to read as follows:
      § 91.1439(a)(2).                                         repairman constitutes that certification.
                                                                                                                     § 119.1   Applicability.
        (b) The records specified in                           s 22. Amend appendix G to part 91 by
      § 91.1439(a)(1) that are not included in                 revising paragraphs (a), (b)(2), and (b)(3)           *     *     *    *     *
      the records covered by paragraph (a) of                  of Section 3 and the introductory text of               (d) This part does not govern
      this section, except that the purchaser                  Section 7 to read as follows:                         operations conducted under part 91,
      may allow the program manager to keep                                                                          subpart K (when common carriage is not
                                                               Appendix G to Part 91—Operations in                   involved) nor does it govern operations
      physical custody of such records.
                                                               Reduced Vertical Separation Minimum                   conducted under part 129, 133, 137, or
      However, custody of records by the
                                                               (RVSM) Airspace                                       139 of this chapter.
      program manager does not relieve the
      purchaser of its responsibility under                    *       *        *    *      *                        *     *     *    *     *
      § 91.1439(c) to make the records
      available for inspection by the                                                                                PART 125—CERTIFICATION AND
                                                               Section 3. Operator Authorization
      Administrator or any representative of                                                                         OPERATIONS: AIRPLANES HAVING A
      the National Transportation Safety                          (a) Authority for an operator to                   SEATING CAPACITY OF 20 OR MORE
      Board.                                                   conduct flight in airspace where RVSM                 PASSENGERS OR A MAXIMUM
                                                               is applied is issued in operations                    PAYLOAD CAPACITY OF 6,000
      § 91.1443 CAMP: Airworthiness release or                 specifications, a Letter of Authorization,            POUNDS OR MORE
      aircraft maintenance log entry.                          or management specifications issued
        (a) No program aircraft maintained                     under subpart K of this part, as                      s 25. The authority citation for part 125
      under a CAMP may be operated after                       appropriate. To issue an RVSM                         continues to read as follows:


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                        54585

        Authority: 49 U.S.C. 106(g), 40113, 44701–                (B) Second in command—A minimum                    experience, and can effectively perform
      44702, 44705, 44710–44711, 44713, 44716–                 of 500 hours.                                         the functions associated with the
      44717, 44722.                                               (ii) For multi-engine turbine-powered              position in accordance with the
      s 26. Amend § 125.1 by revising                          fixed-wing and powered-lift aircraft, the             requirements of this chapter. The
      paragraphs (b)(4) and (5) and by adding                  following FAA certification and ratings               Administrator may, at any time,
      paragraphs (b)(6) and (b)(7) as follows:                 requirements:                                         terminate any grant of deviation
      § 125.1   Applicability.
                                                                  (A) Pilot in command—Airline                       authority issued under this paragraph.
                                                               transport pilot and applicable type                   Grants of deviation under this paragraph
      *      *    *      *    *                                ratings.
         (b) * * *                                                                                                   may be granted after consideration of
                                                                  (B) Second in command—Commercial                   the size and scope of the operation, the
         (4) They are being operated under part
                                                               pilot and instrument ratings.                         qualifications of the intended personnel
      91 by an operator certificated to operate                   (iii) For all other aircraft, the
      those airplanes under the rules of parts                                                                       and the following circumstances:
                                                               following FAA certification and rating                  (1) A newly authorized certificate
      121, 135, or 137 of this chapter, they are
                                                               requirements:                                         holder does not employ any pilots who
      being operated under the applicable                         (A) Pilot in command—Commercial
      rules of part 121 or part 135 of this                                                                          meet the minimum requirements of
                                                               pilot and instrument ratings.                         paragraphs (a)(2)(i) or (a)(4) of this
      chapter by an applicant for a certificate                   (B) Second in command—Commercial
      under part 119 of this chapter or they                                                                         section.
                                                               pilot and instrument ratings.
      are being operated by a foreign air                         (3) Pilot operating limitations. If the              (2) An existing certificate holder adds
      carrier or a foreign person engaged in                   second in command of a fixed-wing                     to its fleet a new category and class
      common carriage solely outside the                       aircraft has fewer than 100 hours of                  aircraft not used before in its operation.
      United States under part 91 of this                      flight time as second in command flying                 (3) An existing certificate holder
      chapter;                                                 in the aircraft make and model and, if                establishes a new base to which it
         (5) They are being operated under a                   a type rating is required, in the type                assigns pilots who will be required to
      deviation authority issued under                         aircraft being flown, and the pilot in                become qualified on the aircraft
      § 125.3;                                                 command is not an appropriately                       operated from that base.
         (6) They are being operated under part                                                                        (c) An eligible on-demand operation
                                                               qualified check pilot, the pilot in
      91, subpart K by a fractional owner as                                                                         may comply with alternative
                                                               command shall make all takeoffs and
      defined in § 91.1001 of this chapter; or                                                                       requirements specified in §§ 135.225(b),
         (7) They are being operated by a                      landings in any of the following
                                                               situations:                                           135.385(f), and 135.387(b) instead of the
      fractional ownership program manager
                                                                  (i) Landings at the destination airport            requirements that apply to other on-
      as defined in § 91.1001 of this chapter,
                                                               when a Destination Airport Analysis is                demand operations.
      for training, ferrying, positioning,
                                                               required by § 135.385(f); and                         s 29. Amend § 135.21 by revising
      maintenance, or demonstration
                                                                  (ii) In any of the following conditions:           paragraphs (f) and (g) and adding
      purposes under part 91 of this chapter                      (A) The prevailing visibility for the
      and without carrying passengers or                                                                             paragraph (h) to read as follows:
                                                               airport is at or below \3⁄4\ mile.
      cargo for compensation or hire except as                    (B) The runway visual range for the                § 135.21    Manual requirements.
      permitted for demonstration flights                      runway to be used is at or below 4,000
      under § 91.501(b)(3) of this chapter.                                                                          *      *      *     *     *
                                                               feet.                                                    (f) Except as provided in paragraph
      *      *    *      *    *                                   (C) The runway to be used has water,
                                                                                                                     (h) of this section, each certificate
                                                               snow, slush, ice, or similar
      PART 135—OPERATING                                                                                             holder must carry appropriate parts of
                                                               contamination that may adversely affect
      REQUIREMENTS: COMMUTER AND                                                                                     the manual on each aircraft when away
                                                               aircraft performance.
      ON-DEMAND OPERATIONS                                                                                           from the principal operations base. The
                                                                  (D) The braking action on the runway
                                                                                                                     appropriate parts must be available for
      s 27. The authority citation for part 135                to be used is reported to be less than
                                                                                                                     use by ground or flight personnel.
      continues to read as follows:                            ‘‘good.’’
                                                                  (E) The crosswind component for the                   (g) For the purpose of complying with
        Authority: 49 U.S.C. 106(g), 44113, 44701–             runway to be used is in excess of 15                  paragraph (d) of this section, a
      44702, 44705, 44709, 44711–44713, 44715–                                                                       certificate holder may furnish the
      44717, 44722.
                                                               knots.
                                                                  (F) Windshear is reported in the                   persons listed therein with all or part of
      s   28. Add § 135.4 to read as follows:                  vicinity of the airport.                              its manual in printed form or other
                                                                  (G) Any other condition in which the               form, acceptable to the Administrator,
      § 135.4 Applicability of rules for eligible
      on-demand operations.                                    pilot in command determines it to be                  that is retrievable in the English
                                                               prudent to exercise the pilot in                      language. If the certificate holder
        (a) An ‘‘eligible on-demand
                                                               command’s authority.                                  furnishes all or part of the manual in
      operation’’ is an on-demand operation
                                                                  (4) Crew pairing. Either the pilot in              other than printed form, it must ensure
      conducted under this part that meets the
                                                               command or the second in command                      there is a compatible reading device
      following requirements:
        (1) Two-pilot crew. The flightcrew                     must have at least 75 hours of flight                 available to those persons that provides
      must consist of at least two qualified                   time in that aircraft make or model and,              a legible image of the information and
      pilots employed or contracted by the                     if a type rating is required, for that type           instructions, or a system that is able to
      certificate holder.                                      aircraft, either as pilot in command or               retrieve the information and
        (2) Flight crew experience. The                        second in command.                                    instructions in the English language.
      crewmembers must have met the                               (b) The Administrator may authorize                   (h) If a certificate holder conducts
      applicable requirements of part 61 of                    deviations from paragraphs (a)(2)(i) or               aircraft inspections or maintenance at
      this chapter and have the following                      (a)(4) of this section if the Flight                  specified stations where it keeps the
      experience and ratings:                                  Standards District Office that issued the             approved inspection program manual, it
        (i) Total flight time for all pilots:                  certificate holder’s operations                       is not required to carry the manual
        (A) Pilot in command—A minimum                         specifications finds that the                         aboard the aircraft en route to those
      of 1,500 hours.                                          crewmember has comparable                             stations.


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      s 30. Amend § 135.23 by revising                (3) Entry into a representative number                         § 135.179 Inoperable instruments and
      paragraph (r) and adding paragraph (s) to of en route airports as determined by the                            equipment.
      read as follows:                             Administrator.                                                    *     *     *     *     *
                                                      (c) No certificate holder may carry                              (c) Notwithstanding paragraphs (b)(1)
      § 135.23 Manual contents.                    passengers in an aircraft during proving                          and (b)(3) of this section, an aircraft
      *       *     *    *     *                   tests, except those needed to make the                            with inoperable instruments or
         (r) If required by § 135.385, an          tests and those designated by the                                 equipment may be operated under a
      approved Destination Airport Analysis        Administrator to observe the tests.                               special flight permit under §§ 21.197
      establishing runway safety margins at        However, pilot flight training may be                             and 21.199 of this chapter.
      destination airports, taking into account conducted during the proving tests.                                  s 34. Amend § 135.225 by revising
      the following factors as supported by           (d) Validation testing is required to                          paragraph (a) introductory text,
      published aircraft performance data          determine that a certificate holder is                            redesignating paragraphs (b) through (h)
      supplied by the aircraft manufacturer        capable of conducting operations safely                           as paragraphs (c) through (i), adding new
      for the appropriate runway conditions— and in compliance with applicable                                       paragraph (b), and revising redesignated
         (1) Pilot qualifications and              regulatory standards. Validation tests                            paragraphs (d) and (h) to read as follows:
      experience;                                  are required for the following
         (2) Aircraft performance data to          authorizations:                                                   § 135.225 IFR: Takeoff, approach and
      include normal, abnormal and                                                                                   landing minimums.
                                                      (1) The addition of an aircraft for
      emergency procedures as supplied by          which two pilots are required for                                    (a) Except to the extent permitted by
      the aircraft manufacturer;                   operations under VFR or a turbojet                                paragraph (b) of this section, no pilot
         (3) Airport facilities and topography;    airplane, if that aircraft or an aircraft of                      may begin an instrument approach
         (4) Runway conditions (including          the same make or similar design has not                           procedure to an airport unless—
      contamination);                              been previously proved or validated in                            *      *      *     *     *
         (5) Airport or area weather reporting;    operations under this part.                                          (b) A pilot conducting an eligible on-
         (6) Appropriate additional runway            (2) Operations outside U.S. airspace.                          demand operation may begin an
      safety margins, if required;                    (3) Class II navigation authorizations.                        instrument approach procedure to an
         (7) Airplane inoperative equipment;          (4) Special performance or operational                         airport that does not have a weather
         (8) Environmental conditions; and         authorizations.                                                   reporting facility operated by the U.S.
         (9) Other criteria affecting aircraft        (e) Validation tests must be                                   National Weather Service, a source
      performance.                                 accomplished by test methods                                      approved by the U.S. National Weather
         (s) Other procedures and policy           acceptable to the Administrator. Actual                           Service, or a source approved by the
      instructions regarding the certificate       flights may not be required when an                               Administrator if—
      holder’s operations issued by the            applicant can demonstrate competence                                 (1) The alternate airport has a weather
      certificate holder.                          and compliance with appropriate                                   reporting facility operated by the U.S.
                                                   regulations without conducting a flight.                          National Weather Service, a source
      s 31. Revise § 135.145 to read as follows:
                                                      (f) Proving tests and validation tests                         approved by the U.S. National Weather
      § 135.145 Aircraft proving and validation    may be conducted simultaneously when                              Service, or a source approved by the
      tests.                                       appropriate.                                                      Administrator; and
         (a) No certificate holder may operate        (g) The Administrator may authorize                               (2) The latest weather report issued by
      an aircraft, other than a turbojet aircraft, deviations from this section if the                               the weather reporting facility includes a
      for which two pilots are required by this Administrator finds that special                                     current local altimeter setting for the
      chapter for operations under VFR, if it      circumstances make full compliance                                destination airport. If no local altimeter
      has not previously proved such an            with this section unnecessary.                                    setting for the destination airport is
      aircraft in operations under this part in    s 32. Amend § 135.167 by revising
                                                                                                                     available, the pilot may use the current
      at least 25 hours of proving tests           paragraph (a) introductory text to read as                        altimeter setting provided by the facility
      acceptable to the Administrator              follows:                                                          designated on the approach chart for the
      including—                                                                                                     destination airport.
         (1) Five hours of night time, if night    § 135.167 Emergency equipment:                                    *      *      *     *     *
                                                   Extended overwater operations.                                       (d) If a pilot has begun the final
      flights are to be authorized;
         (2) Five instrument approach                 (a) Except where the Administrator,                            approach segment of an instrument
      procedures under simulated or actual         by amending the operations                                        approach to an airport under paragraph
      conditions, if IFR flights are to be         specifications of the certificate holder,                         (c) of this section and a later weather
      authorized; and                              requires the carriage of all or any                               report indicating below minimum
         (3) Entry into a representative number specific items of the equipment listed                               conditions is received after the aircraft
      of en route airports as determined by the below for any overwater operation, or,                               is—
      Administrator.                               upon application of the certificate                               *      *      *     *     *
         (b) No certificate holder may operate     holder, the Administrator allows                                     (h) Except as provided in paragraph
      a turbojet airplane if it has not            deviation for a particular extended                               (i) of this section, if takeoff minimums
      previously proved a turbojet airplane in overwater operation, no person may                                    are not prescribed in part 97 of this
      operations under this part in at least 25    operate an aircraft in extended                                   chapter for the takeoff airport, no pilot
      hours of proving tests acceptable to the     overwater operations unless it carries,                           may takeoff an aircraft under IFR when
      Administrator including—                     installed in conspicuously marked                                 the weather conditions reported by the
         (1) Five hours of night time, if night    locations easily accessible to the                                facility described in paragraph (a)(1) of
      flights are to be authorized;                occupants if a ditching occurs, the                               this section are less than that prescribed
         (2) Five instrument approach              following equipment:                                              in part 91 of this chapter or in the
      procedures under simulated or actual         *      *     *     *     *                                        certificate holder’s operations
      conditions, if IFR flights are to be         s 33. Amend § 135.179 by revising                                 specifications.
      authorized; and                              paragraph (c) to read as follows:                                 *      *      *     *     *


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                      Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations                                        54587

      s 35. Amend § 135.247 by adding                          section, as the sole manipulator of the                 (d) For purposes of this section,
      paragraph (a)(3) to read as follows:                     flight controls;                                      emergency maintenance means
                                                                  (C) Within the preceding 90 days                   maintenance that—
      § 135.247 Pilot qualifications: Recent                                                                           (1) Is not scheduled and
                                                               prior to the operation of that airplane
      experience.                                                                                                      (2) Is made necessary by an aircraft
                                                               that is type certificated for more than
         (a) * * *                                             one pilot crewmember, the pilot must                  condition not discovered prior to the
         (3) Paragraph (a)(2) of this section                  have accomplished and logged at least                 departure for that location.
      does not apply to a pilot in command                     15 hours of flight time in the type of                s 37. Amend § 135.255 by revising
      of a turbine-powered airplane that is                    airplane that the pilot seeks to operate              paragraph (b) and adding paragraphs (c)
      type certificated for more than one pilot                under this alternative; and                           and (d) to read as follows:
      crewmember, provided that pilot has                         (D) Within the preceding 12 months
      complied with the requirements of                                                                              § 135.255    Testing for alcohol.
                                                               prior to the month of the flight, the pilot
      paragraph (a)(3)(i) or (ii) of this section:             must have completed a training program                *      *      *     *     *
         (i) The pilot in command must hold                    that is approved under part 142 of this                  (b) Except as provided in paragraph
      at least a commercial pilot certificate                  chapter. The approved training program                (c) of this section, no certificate holder
      with the appropriate category, class, and                must have required and the pilot must                 or operator may use any person who
      type rating for each airplane that is type               have performed, at least 6 takeoffs and               meets the definition of ‘‘covered
      certificated for more than one pilot                     6 landings to a full stop as the sole                 employee’’ in appendix J to part 121 of
      crewmember that the pilot seeks to                       manipulator of the controls in a flight               this chapter to perform a safety-sensitive
      operate under this alternative, and:                     simulator that is representative of a                 function listed in that appendix unless
         (A) That pilot must have logged at                    turbine-powered airplane that requires                such person is subject to testing for
      least 1,500 hours of aeronautical                        more than one pilot crewmember. The                   alcohol misuse in accordance with the
      experience as a pilot;                                   flight simulator’s visual system must                 provisions of appendix J.
         (B) In each airplane that is type                     have been adjusted to represent the                      (c) If a certificate holder conducts an
      certificated for more than one pilot                     period beginning 1 hour after sunset and              on-demand operation into an airport at
      crewmember that the pilot seeks to                       ending 1 hour before sunrise.                         which no maintenance providers are
      operate under this alternative, that pilot                                                                     available that are subject to the
                                                               s 36. Amend § 135.251 by revising
      must have accomplished and logged the                                                                          requirements of appendix J to part 121
                                                               paragraph (b) and adding paragraphs (c)               of this chapter and emergency
      daytime takeoff and landing recent                       and (d) to read as follows:
      flight experience of paragraph (a) of this                                                                     maintenance is required, the certificate
      section, as the sole manipulator of the                  § 135.251    Testing for prohibited drugs.            holder may use persons not meeting the
      flight controls;                                         *      *      *     *     *                           requirements of paragraph (b) of this
         (C) Within the preceding 90 days                                                                            section to provide such emergency
                                                                  (b) Except as provided in paragraph
      prior to the operation of that airplane                                                                        maintenance under both of the
                                                               (c) of this section, no certificate holder
      that is type certificated for more than                                                                        following conditions:
                                                               or operator may use any contractor to
      one pilot crewmember, the pilot must                                                                              (1) The certificate holder must give
                                                               perform a function listed in appendix I
      have accomplished and logged at least                                                                          written notification of the emergency
                                                               part 121 of this chapter unless that
      15 hours of flight time in the type of                                                                         maintenance to the Drug Abatement
                                                               contractor tests each employee
      airplane that the pilot seeks to operate                                                                       Program Division, AAM–800, 800
                                                               performing such a function for the
      under this alternative; and                                                                                    Independence Avenue, Washington, DC,
                                                               certificate holder or operator in
                                                                                                                     20591, within 10 days after being
         (D) That pilot has accomplished and                   accordance with that appendix.
                                                                                                                     provided same in accordance with this
      logged at least 3 takeoffs and 3 landings                   (c) If a certificate holder conducts an            paragraph. A certificate holder must
      to a full stop, as the sole manipulator of               on-demand operation into an airport at                retain copies of all such written
      the flight controls, in a turbine-powered                which no maintenance providers are                    notifications for two years.
      airplane that requires more than one                     available that are subject to the                        (2) The aircraft must be reinspected
      pilot crewmember. The pilot must have                    requirements of appendix I to part 121                by maintenance personnel who meet the
      performed the takeoffs and landings                      and emergency maintenance is required,                requirements of paragraph (b) of this
      during the period beginning 1 hour after                 the certificate holder may use persons                section when the aircraft is next at an
      sunset and ending 1 hour before sunrise                  not meeting the requirements of                       airport where such maintenance
      within the preceding 6 months prior to                   paragraph (b) of this section to provide              personnel are available.
      the month of the flight.                                 such emergency maintenance under                         (d) For purposes of this section,
         (ii) The pilot in command must hold                   both of the following conditions:                     emergency maintenance means
      at least a commercial pilot certificate                     (1) The certificate holder must give               maintenance that—
      with the appropriate category, class, and                written notification of the emergency                    (1) Is not scheduled, and
      type rating for each airplane that is type               maintenance to the Drug Abatement                        (2) Is made necessary by an aircraft
      certificated for more than one pilot                     Program Division, AAM–800, 800                        condition not discovered prior to the
      crewmember that the pilot seeks to                       Independence Avenue, Washington, DC,                  departure for that location.
      operate under this alternative, and:                     20591, within 10 days after being                     s 38. Revise § 135.291 paragraph (b) to
         (A) That pilot must have logged at                    provided same in accordance with this                 read as follows:
      least 1,500 hours of aeronautical                        paragraph. A certificate holder must
      experience as a pilot;                                   retain copies of all such written                     § 135.291    Applicability.
         (B) In each airplane that is type                     notifications for two years.                          *      *    *     *     *
      certificated for more than one pilot                        (2) The aircraft must be reinspected                  (b) Permits training center personnel
      crewmember that the pilot seeks to                       by maintenance personnel who meet the                 authorized under part 142 of this
      operate under this alternative, that pilot               requirements of paragraph (b) of this                 chapter who meet the requirements of
      must have accomplished and logged the                    section when the aircraft is next at an               §§ 135.337 and 135.339 to conduct
      daytime takeoff and landing recent                       airport where such maintenance                        training, testing, and checking under
      flight experience of paragraph (a) of this               personnel are available.                              contract or other arrangement to those


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      54588           Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / Rules and Regulations

      persons subject to the requirements of      obstruction clearance plane and the                                the obstruction clearance plane and the
      this subpart.                               runway. For the purpose of determining                             runway.
      s 39. Amend § 135.321 by revising           the allowable landing weight at the                                   (b) Eligible on-demand operators may
      paragraph (b)(7) to read as follows:        destination airport the following is                               select an airport as an alternate airport
                                                  assumed:                                                           for a turbine engine powered large
      § 135.321 Applicability and terms used.
                                                  *       *    *     *     *                                         transport category airplane if (based on
      *      *      *      *      *                  (f) An eligible on-demand operator                              the assumptions in § 135.385(f)) that
         (b) * * *                                may take off a turbine engine powered                              airplane, at the weight expected at the
         (7) Training center. An organization                                                                        time of arrival, can be brought to a full
                                                  large transport category airplane on an
      governed by the applicable                                                                                     stop landing within 80 percent of the
                                                  on-demand flight if all of the following
      requirements of part 142 of this chapter                                                                       effective length of the runway from a
      that conducts training, testing, and        conditions exist:
                                                     (1) The operation is permitted by an                            point 50 feet above the intersection of
      checking under contract or other                                                                               the obstruction clearance plane and the
      arrangement to certificate holders          approved Destination Airport Analysis
                                                  in that person’s operations manual.                                runway.
      subject to the requirements of this part.
                                                     (2) The airplane’s weight on arrival,
      *      *      *      *      *                                                                                  PART 142 —TRAINING CENTERS
                                                  allowing for normal consumption of fuel
      s 40. Amend § 135.324 by revising           and oil in flight (in accordance with the
      paragraph (a) and the introductory text of landing distance in the Airplane Flight                             s 43. The authority citation for part 142
      paragraph (b) to read as follows:                                                                              continues to read as follows:
                                                  Manual for the elevation of the
                                                                                                                       Authority: 49 U.S.C. 106(g), 40113, 40119,
      § 135.324 Training program: Special rules. destination airport and the wind
                                                  conditions expected there at the time of                           44101, 44701–44703, 44705, 44707, 44709–
         (a) Other than the certificate holder,                                                                      44711, 45102–45103, 45301–45302.
      only another certificate holder             landing), would allow a full stop
                                                  landing at the intended destination                                s 44. Amend § 142.1 by revising
      certificated under this part or a training
      center certificated under part 142 of this airport within 80 percent of the effective                          paragraph (a), republishing paragraph (b)
      chapter is eligible under this subpart to   length of each runway described below                              introductory text, revising paragraphs
      conduct training, testing, and checking     from a point 50 feet above the                                     (b)(1), (b)(4) and (b)(5), and adding
      under contract or other arrangement to      intersection of the obstruction clearance                          paragraph (b)(6) as set forth below, and
      those persons subject to the                plane and the runway. For the purpose                              by removing paragraph (c):
      requirements of this subpart.               of determining the allowable landing
                                                                                                                     § 142.1   Applicability.
         (b) A certificate holder may contract    weight at the destination airport, the
      with, or otherwise arrange to use the       following is assumed:                                                (a) This subpart prescribes the
      services of, a training center certificated    (i) The airplane is landed on the most                          requirements governing the certification
      under part 142 of this chapter to           favorable runway and in the most                                   and operation of aviation training
      conduct training, testing, and checking     favorable direction, in still air.                                 centers. Except as provided in
      required by this part only if the training     (ii) The airplane is landed on the most                         paragraph (b) of this section, this part
      center—                                     suitable runway considering the                                    provides an alternative means to
                                                  probable wind velocity and direction                               accomplish training required by parts
      *      *      *      *      *                                                                                  61, 63, 91, 121, 125, 127, 135, or 137 of
      s 41. Amend § 135.385 by revising
                                                  and the ground handling characteristics
                                                                                                                     this chapter.
      paragraph (b) and adding paragraph (f) to of the airplane, and considering other                                 (b) Certification under this part is not
      read as follows:                            conditions such as landing aids and
                                                  terrain.                                                           required for training that is—
      § 135.385 Large transport category             (3) The operation is authorized by                                (1) Approved under the provisions of
      airplanes: Turbine engine powered:          operations specifications.                                         parts 63, 91, 121, 127, 135, or 137 of this
      Landing limitations: Destination airports.
                                                  s 42. Revise § 135.387 to read as follows:
                                                                                                                     chapter;
      *      *      *      *      *                                                                                  *     *     *     *    *
         (b) Except as provided in paragraph      § 135.387 Large transport category                                   (4) Conducted by a part 121 certificate
      (c), (d), (e), or (f) of this section, no   airplanes: Turbine engine powered:                                 holder for another part 121 certificate
      person operating a turbine engine           Landing limitations: Alternate airports.
                                                                                                                     holder;
      powered large transport category               (a) Except as provided in paragraph                               (5) Conducted by a part 135 certificate
      airplane may take off that airplane         (b) of this section, no person may select                          holder for another part 135 certificate
      unless its weight on arrival, allowing for an airport as an alternate airport for a                            holder; or
      normal consumption of fuel and oil in       turbine engine powered large transport                               (6) Conducted by a part 91 fractional
      flight (in accordance with the landing      category airplane unless (based on the                             ownership program manager for another
      distance in the Airplane Flight Manual      assumptions in § 135.385(b)) that                                  part 91 fractional ownership program
      for the elevation of the destination        airplane, at the weight expected at the                            manager.
      airport and the wind conditions             time of arrival, can be brought to a full
      expected there at the time of landing),     stop landing within 70 percent of the                                Issued in Washington, DC, on August 27,
      would allow a full stop landing at the      effective length of the runway for turbo-                          2003.
      intended destination airport within 60      propeller-powered airplanes and 60                                 Marion C. Blakey,
      percent of the effective length of each     percent of the effective length of the                             Administrator.
      runway described below from a point 50 runway for turbojet airplanes, from a                                   [FR Doc. 03–23021 Filed 9–16–03; 8:45 am]
      feet above the intersection of the          point 50 feet above the intersection of                            BILLING CODE 4910–13–P




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