14 CFR §91.1009

1. (a)An owner is in operational control of a program flight when the owner—
   1. (1)Has the rights and is subject to the limitations set forth in §§ 91.1003 through 91.1013;
   2. (2)Has directed that a program aircraft carry passengers or property designated by that owner; and
   3. (3)The aircraft is carrying those passengers or property.
2. (b)An owner is not in operational control of a flight in the following circumstances:
   1. (1)A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew training, and no passengers or property designated by such owner are being carried; or
   2. (2)The aircraft being used for the flight is being operated under part 121 or 135 of this chapter.