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Part 91K Certification Process (Fractionals)

 

 

The application process for "Fractional Programs" certifications under 14 CFR Part 91 Subchapter K is just about the same as part 135 certification.

Below is a summary of the Fractional Program application process. Variations will exist by operator. The information is extracted from a draft of a future advisory circular, additional detail may be found at http://www.faa.gov.

The application process is designed to ensure that prospective program managers and owners understand and are capable of fulfilling this duty. When satisfactorily completed, the application process should ensure that the applicant complies with 14 CFR and Title 49 of the United States Code (49 U.S.C.) and all other applicable regulations.

The process includes:

GATE I

Phase I Pre-Application

1. Initial contact meeting
2. Second meeting/contact
3. Formal transition meeting

part 91k certification process
Phase II Application

1. Formal application meeting
2. Submit application schedule
3. Submit required documents
4. Submit transition plan

part 91k certification phase II

part 91k certification phase IIb

GATE II

Phase III Document Compliance and review

  • Program operating manual
  • Aircraft checklist
  • Inspection program
  • Flight attendant manual
  • Minimum equipment list
  • Passenger briefing cards
  • Fueling/refueling procedures
  • Weight/balance control procedures
  • Hazardous materials procedures
  • Security procedures
  • Check pilots

part 91k certification phase III

Review Training Curriculums:

  • Hazardous materials
  • Maintenance personnel
  • Inspection personnel
  • Ground handling/servicing

Review Contracts/Agreements/Requests:

  • Owner contracts
  • Training contracts
  • Maintenance contracts
  • Servicing contracts
  • Alcohol/Drug Education
  • Exemptions/deviations

Other Items:

  • Final compliance statement
  • Proving test plan
  • Management specifications work sheet
  • Training schedules

 

Phase IV Demonstration and Proving

  • Proving Tests
  • Validation Tests
  • Table-top demonstrations
  • Passenger handling procedures
  • Monitor Flightcrew Training
  • Flight Crewmember:
    •   Basic indoctrination
    •   Emergency training
    •   91K transition training
    •   Proficiency checks
    •   Line checks
    •   Check pilot transition training
  • Maintenance Training:
    •   Mechanics
    •   Inspection personnel
  • Flight Attendants:
    •   Basic indoctrination
    •   Emergency training
    •   Competency checks
  • Security
    •   Competency check
    •   Operation
    •   Familiarization
  • Aircraft conformity inspections
  • Principal base of operations inspection
  • Maintenance base inspections
    part 91k certification phase IV

GATE III

Phase V. Documentation
Issue Management Specificationspart 91k certification phase V

Phase I - Preapplication.

The applicant should contact the nearest FAA Flight Standards District Office (FSDO) and inform them of the intent to apply for Management Specifications. You will be asked to schedule an appointment to discuss the proposed operation and to meet with an FAA representative.


A. Initial Contact Meeting.

The FAA will use this meeting to make sure that you fully understand the application process by providing detailed explanations of specific requirements. Key management personnel are required to attend this meeting and be prepared to discuss, in general terms, the plans of the proposed operation. Many problems can be avoided by discussing all aspects of the proposed operation and the requirements that must be accomplished before being issued Management Specifications.

(1) At this meeting, FSDO personnel will brief you on the basic information and general application requirements. If you intend to proceed with the application process, the FSDO will give you FAA Worksheet 8400-91K, Statement of Intent (SOI). A sample of this worksheet and instructions for completing it are in Appendix 1. You should complete and sign the SOI and return it to the FSDO.

(2) The FSDO will review the phase/gates concept with you, as described in the Phase I flow chart shown above.

(3) The FSDO will then give you an application package, which will include the following documents (or an Internet web site where the documents can be retrieved):

  • AC 91-FRACTIONAL
  • Applicable sections of FAA Orders 8300.10 and 8400.10
  • Fractional Ownership rule and preamble
  • Preapplication Statement of Intent (SOI)
  • Parts 91, 119, and 135, as applicable
  • Applicable job aids and checklists
  • Schedule of events that outlines the approval process

Be prepared to discuss, in general terms, the plans of your proposed operation.


B. Second Meeting/Contact.

During the second meeting, you should be prepared to:

  • Identify locations for training, maintenance, and principal base of operations
  • Submit documentation to substantiate a Fractional Ownership Program or Business Plan (including a sample contract depicting the regulatory requirements)
  • Submit the completed SOI
  • Submit proposed application schedule
  • Identify management representatives

Gate and Phase NOTE: Once the FSDO has accepted everything in the pre-application phase, you may begin Phase II.

Phase II – FORMAL Application.

The regulations state that an application for Management Specifications shall be made in a form and manner acceptable to the FAA. You should make a formal application by a letter that includes a request to be issued Management Specifications to conduct operations under part 91, subpart K. The letter should include a mailing address and indicate the full name, title, and address of the designated agent for service, if other than the program manager.

part 91k certification phase II
Figure 3-2.

You should submit the formal application a minimum of 90 days before operations are to begin, and preferably as far in advance of the proposed start-up date as possible. When you have fully developed the formal application, forward it to the assigned FSDO.

The applicant will be notified by letter whether the formal application is accepted or rejected. FAA acceptance of a formal application does not constitute approval or acceptance of individual attachments. These documents will be thoroughly evaluated during subsequent phases of the application process. If the formal application is not accepted, it will be returned with a written explanation of the reasons for its return.

SOI Processing

At this time, the FSDO will form an application team and assign an inspector as the project manager. The project manager will be your point of contact at the FSDO for all matters related to your application.

FSDO Team Actions

After you submit your application, the FSDO team will:

  • Review the application package to confirm that it contains the required information and attachments. If there are omissions or errors, the team will return the formal application and all attachments to you with a letter outlining the reasons for its return.
  • Initiate electronic Management Specifications installation and training.

part 91k certification phase II

Figure 3-3.

Formal Application Meeting.

Once the application team has reviewed your application, they will schedule a formal application meeting. All of your key management personnel should attend the formal application meeting. If you have a comprehensive understanding of the requirements of part 91, subpart K, you should be able to resolve any omissions, deficiencies, or open questions during this meeting. The meeting will focus on the practicality of the schedule of events. The FAA team will fully discuss and explain the subsequent phases of the application process. You should ask for clarification of any item or event that you do not clearly understand. The FAA project manager will not formally accept the application during the meeting which will allow you time to resolve any deficiencies discussed during the meeting. At the formal application meeting, you must:

  • Provide the acceptance letter that you received from the FAA following the submission of the application.
  • Submit all required programs and documents, as follows:

DOCUMENT COMPLIANCE (varies by operator)

Management Personnel Resumes and Documentation.

Program managers requesting continuous airworthiness maintenance program (CAMP) shall provide a resume outlining the qualifications and experience applicable management personnel. Additionally, personnel authorized to sign MSpecs and designated as a company point of contact should be identified.


Program Operating Manual (POM).

This manual or sections of manuals contain information about your general policies, duties, responsibilities of personnel, operational control policy, and procedures. Part 91, subpart K requires that your manuals include instructions and information that allow your personnel to perform their duties and responsibilities. Section 91.1025 prescribes the content of these manuals. You should provide a draft outline of the major parts of all required manuals before gate II.


Program Operating Manual (POM) GENERAL.

The program manager is required by section 91.1023 to prepare and keep current a POM that sets forth procedures and policies acceptable to the Administrator. When applicable, the manual shall contain the contents required by section 91.1025 in enough detail so that the program manager’s flight, ground, and maintenance personnel may properly perform their assigned duties. During the preparation of the POM, a program manager shall ensure that no conflict with the regulations exists that would prevent the FAA’s acceptance of the POM.

The program manager is responsible for developing the policy and procedures contained in the POM. The program manager must also submit it to the Administrator for acceptance and approval, as applicable. The district office will provide guidance to the Program Manager for developing their POM, should time and resources be available. The district office will not draft or otherwise prepare nor accept responsibility for developing the content of the manual. Acceptance of the POM depends upon the program manager’s organizational ability to develop and manage its proposed operation. Refer to the attachments contained in Chapter 5 of this Advisory Circular for a sample program operating manual outline and sample Destination Airport Analysis program.

(1) General Maintenance Manual. For programs that combine both part 91-K and part 135 operations, this manual may be combined with the General Operations Manual for part 135 Operators provided that all the required contents for both manuals are included in the combined document and differences in operations are clearly defined.

(2) Aircraft Maintenance Manuals/Programs.

  • Inspection program
  • Maintenance recordkeeping
  • Emergency maintenance required records

(3) Weight and Balance Procedures/Program.

(4) Training Program. The training curriculum must be attached to the formal application letter. Training curriculums must include at least the following curriculum segments for each crewmember position:

  • Basic indoctrination training
  • Emergency training
  • Initial aircraft ground training
  • Initial aircraft flight training
  • Any training programs outlined in 8400.10, applicable to part 135 operations

(5) Aircraft Flight Manual.

(6) Aircraft Operations Manual (not required for part 91, subpart K operators who choose to use the manufacturer’s approved Aircraft Flight Manual).

(7) MELs, if applicable.

 

OTHER APPROVED PROGAMS, MANUALS, AND MATERIAL.

The following is a list of additional approved programs, manuals, and material:

  • Configuration Deviation List (CDL), if applicable
  • Cockpit checklist
  • Passenger briefing cards
  • Noise and emission plan, if applicable
  • Airport Runway Analysis program (not required for non-transport category aircraft operations)
  • Exemption and deviation requests (if approved, they must be added to the Management Specifications)
  • Hazardous Materials Recognition Program
  • Security Program (Coordinated with the POI, but issued by TSA)
  • Flight Attendant Manual (required only for aircraft certificated to carry more than 19 passengers or if operator chooses to carry a person performing such duties)
  • Dispatch/flight following/flight locating procedures
  • Management Specifications (operations and airworthiness)
  • Management Specifications worksheets
  • Maintenance Reliability Program (optional)
  • Proving and/or validation test plan\
  • Emergency evacuation demonstration plan, if required
  • Ditching demonstration plan, if required
  • Continuous analysis and surveillance system for aircraft maintained under a Continuous Airworthiness Maintenance Program (CAMP)
  • Compliance statement

NOTE: On this attachment, you must list all part 91, subpart K regulations that are applicable to your proposed operation (i.e., compliance statement). You should identify applicable subparts and relevant sections of the subpart, including a specific reference or a specific reference and brief description, to a manual or other document. The brief description or reference must describe the method of compliance for each regulation listed.

  • Owner acknowledgment/contract requirements
  • Flight Attendant training program curriculum and/or revisions, if applicable
  • Location of principal base of operations
  • List of all DBAs the program manager may operate under
  • List of aircraft
  • Internal audit program
  • Accident notification procedures
  • Pilot safety background checks and procedures
  • Location of the records repository (should be located at principal base of operations)
  • Any deviation requests
  • Other requested authorizations

 

 

 

 

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