14 CFR 91.1001 - Applicability.

Status message

There are 11 Updates appearing in the Federal Register for 14 CFR 91. View below or at eCFR (GPOAccess)
prev | next
§ 91.1001 Applicability.
(a) This subpart prescribes rules, in addition to those prescribed in other subparts of this part, that apply to fractional owners and fractional ownership program managers governing—
(1) The provision of program management services in a fractional ownership program;
(2) The operation of a fractional ownership program aircraft in a fractional ownership program; and
(3) The operation of a program aircraft included in a fractional ownership program managed by an affiliate of the manager of the program to which the owner belongs.
(b) As used in this part—
(1) Affiliate of a program manager means a manager that, directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, another program manager. The holding of at least forty percent (40 percent) of the equity and forty percent (40 percent) of the voting power of an entity will be presumed to constitute control for purposes of determining an affiliation under this subpart.
(2) A dry-lease aircraft exchange means an arrangement, documented by the written program agreements, under which the program aircraft are available, on an as needed basis without crew, to each fractional owner.
(3) A fractional owner or owner means an individual or entity that possesses a minimum fractional ownership interest in a program aircraft and that has entered into the applicable program agreements; provided, however, that in the case of the flight operations described in paragraph (b)(6)(ii) of this section, and solely for purposes of requirements pertaining to those flight operations, the fractional owner operating the aircraft will be deemed to be a fractional owner in the program managed by the affiliate.
(4) A fractional ownership interest means the ownership of an interest or holding of a multi-year leasehold interest and/or a multi-year leasehold interest that is convertible into an ownership interest in a program aircraft.
(5) A fractional ownership program or program means any system of aircraft ownership and exchange that consists of all of the following elements:
(i) The provision for fractional ownership program management services by a single fractional ownership program manager on behalf of the fractional owners.
(ii) Two or more airworthy aircraft.
(iii) One or more fractional owners per program aircraft, with at least one program aircraft having more than one owner.
(iv) Possession of at least a minimum fractional ownership interest in one or more program aircraft by each fractional owner.
(v) A dry-lease aircraft exchange arrangement among all of the fractional owners.
(vi) Multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program.
(6) A fractional ownership program aircraft or program aircraft means:
(i) An aircraft in which a fractional owner has a minimal fractional ownership interest and that has been included in the dry-lease aircraft exchange pursuant to the program agreements, or
(ii) In the case of a fractional owner from one program operating an aircraft in a different fractional ownership program managed by an affiliate of the operating owner's program manager, the aircraft being operated by the fractional owner, so long as the aircraft is:
(A) Included in the fractional ownership program managed by the affiliate of the operating owner's program manager, and
(B) Included in the operating owner's program's dry-lease aircraft exchange pursuant to the program agreements of the operating owner's program.
(iii) An aircraft owned in whole or in part by the program manager that has been included in the dry-lease aircraft exchange and is used to supplement program operations.
(7) A Fractional Ownership Program Flight or Program Flight means a flight under this subpart when one or more passengers or property designated by a fractional owner are on board the aircraft.
(8) Fractional ownership program management services or program management services mean administrative and aviation support services furnished in accordance with the applicable requirements of this subpart or provided by the program manager on behalf of the fractional owners, including, but not limited to, the—
(i) Establishment and implementation of program safety guidelines;
(ii) Employment, furnishing, or contracting of pilots and other crewmembers;
(iii) Training and qualification of pilots and other crewmembers and personnel;
(iv) Scheduling and coordination of the program aircraft and crews;
(v) Maintenance of program aircraft;
(vi) Satisfaction of recordkeeping requirements;
(vii) Development and use of a program operations manual and procedures; and
(viii) Application for and maintenance of management specifications and other authorizations and approvals.
(9) A fractional ownership program manager or program manager means the entity that offers fractional ownership program management services to fractional owners, and is designated in the multi-year program agreements referenced in paragraph (b)(1)(v) of this section to fulfill the requirements of this chapter applicable to the manager of the program containing the aircraft being flown. When a fractional owner is operating an aircraft in a fractional ownership program managed by an affiliate of the owner's program manager, the references in this subpart to the flight-related responsibilities of the program manager apply, with respect to that particular flight, to the affiliate of the owner's program manager rather than to the owner's program manager.
(10) A minimum fractional ownership interest means—
(i) A fractional ownership interest equal to, or greater than, one-sixteenth (1/16) of at least one subsonic, fixed-wing or powered-lift program aircraft; or
(ii) A fractional ownership interest equal to, or greater than, one-thirty-second (1/32) of at least one rotorcraft program aircraft.
(c) The rules in this subpart that refer to a fractional owner or a fractional ownership program manager also apply to any person who engages in an operation governed by this subpart without the management specifications required by this subpart.

Title 14 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 14.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-25; vol. 79 # 186 - Thursday, September 25, 2014
    1. 79 FR 57431 - Airports/Locations: Special Operating Restrictions
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Final rule; technical amendment.
      Effective Date: November 13, 2014.
      14 CFR Part 91

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 106 - Federal Aviation Administration

§ 1155 - Aviation penalties

§ 40103 - Sovereignty and use of airspace

§ 40113 - Administrative

§ 40120 - Relationship to other laws

§ 44101 - Operation of aircraft

§ 44111 - Modifications in registration and recordation system for aircraft not providing air transportation

§ 44701 - General requirements

§ 44704 - Type certificates, production certificates, airworthiness certificates,,

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44711 - Prohibitions and exemption

§ 44712 - Emergency locator transmitters

§ 44715 - Controlling aircraft noise and sonic boom

§ 44716 - Collision avoidance systems

§ 44717 - Aging aircraft

§ 44722 - Aircraft operations in winter conditions

§ 46306 - Registration violations involving aircraft not providing air transportation

§ 46315 - Lighting violations involving transporting controlled substances by aircraft not providing air transportation

§ 46316 - General criminal penalty when specific penalty not provided

§ 46504 - Interference with flight crew members and attendants

§ 46506 - Application of certain criminal laws to acts on aircraft

§ 46507 - False information and threats

§ 47122 - Administrative

§ 47508 - Noise standards for air carriers and foreign air carriers providing foreign air transportation

§ 47528 - Prohibition on operating certain aircraft not complying with stage 3 noise levels

§ 47529 - Nonaddition rule

§ 47530 - Nonapplication of

§ 47531 - Penalties

§ 47534 - Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

Statutes at Large

Title 14 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 14 CFR 91 after this date.

  • 2014-09-25; vol. 79 # 186 - Thursday, September 25, 2014
    1. 79 FR 57431 - Airports/Locations: Special Operating Restrictions
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Final rule; technical amendment.
      Effective Date: November 13, 2014.
      14 CFR Part 91