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• Easier storage and access of pilot records than PRIA. The FAA has determined this proposed rule addresses a Congressional mandate to ensure the safety of the American public. 111. (ii) In this table, parenthesis “( )” around numbers are used to indicate savings and distinguish from costs. AOPA, NBAA seek feedback on proposed pilot records database October 7, 2020 By AOPA ePublishing staff AOPA and the National Business Aviation Association are surveying pilots and corporate flight departments regarding the amount of time and resources that would be required to comply with the FAA’s proposed pilot records database rule. (i) Each air carrier and other operator must report records of final disciplinary actions no later than 30 days after the disciplinary action is considered final under § 111.225. Description of the Recordkeeping and Other Compliance Requirements, 4. These markup elements allow the user to see how the document follows the 36. Cost savings are estimated by multiplying the time required to complete the form by the wage rate for each entity completing times the number of forms completed annually. Furthermore, many might not have the financial resources to justify formal flight training when it is not required. As of May 30, 2018, the FAA has issued 70 part 119 certificates to persons authorizing operations under part 121. (b) No person may report any substantive information from the state driving records pertaining to any individual obtained in accordance with § 111.110 for inclusion in the PRD. The FAA determined it was inappropriate to require the reporting of data concerning oral warnings because an oral warning may not be documented in a suitable manner for verification purposes. This rulemaking is promulgated under the general authority described in 49 U.S.C. As a result, the FAA believes that the records maintained by corporate flight departments would be useful for air carriers to review prior to making a hiring decision on a pilot. (d) The air carrier or participating operator must provide to the Administrator, upon request, documentation to establish that the air carrier or participating operator has conducted the search required by paragraph (a) of this section. All documents the FAA considered in developing this proposed rule, including economic analyses and Start Printed Page 17711technical reports, may be accessed from the internet through the Federal eRulemaking Portal referenced in item (1) above. Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Impact Assessment, and Unfunded Mandates Assessment, 1. The FAA also considered requiring the individual pilots who are the subjects of any files uploaded to the PRD to review each record prior to an air carrier retrieving them or shortly after being uploaded. [49] documents in the last year, 232 The ARC indicated that many historical records maintained by the aviation industry contain information “far outside” the scope of the PRD such as disciplinary records unrelated to pilot performance. [123] The FAA recognizes that setting performance-based standards would provide the necessary flexibility to database users while ensuring the FAA would be able to take appropriate action in the event that an individual's privacy or confidentiality were compromised. Table 4—Proposed Compliance Timelines for PRD. The basic eligibility requirement for access to the PRD would be that the air carrier, operator, or individual is known to the FAA before the registration process begins. A pilot's application for PRD access must include the pilot's full name from his or her pilot certificate, place of birth, FAA-issued Start Printed Page 17694certificate number, a current U.S. mailing address and phone number, and a valid email address. [34] [7] The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6d “Issuance of regulatory documents (e.g., Notices of Proposed Rulemaking and issuance of Final Rules) covering administration or procedural requirements (Does not include Air Traffic procedures; specific Air Traffic procedures that are categorically excluded are identified under Paragraph 5-6.5 of this Order. Are air carriers or operators maintaining other relevant records used by an air carrier or operator in making a hiring decision that the FAA has not considered or not chosen to include as Start Printed Page 17679a historic data requirement in this proposal? The ARC also highlighted many issues associated with uploading various file formats. Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Therefore, in § 111.220(a)(1), the FAA is proposing to require 91K fractional ownerships to report certain records described below to the database, which are kept in accordance with § 91.1027(a)(3). (a) Each air carrier and other operator required to comply with part 120 of this chapter must report to the database the following records concerning drug and alcohol testing for each individual pilot employed by that air carrier or other operator in the form and manner prescribed by the Administrator: (1) Records concerning drug testing, including—. (b) The air carrier or participating operator must report to the PRD, in the form and manner prescribed by the Administrator, verification that consent was received from the individual to conduct the NDR record search required in paragraph (a) of this section. Corporate flight department means a person that operates two or more standard airworthiness airplanes that require a type rating under § 61.31(a) of this chapter, in furtherance of, or incidental to, a business, pursuant to the general operating and flight rules in part 91 of this chapter or operates airplanes being operated under a deviation authority issued under § 125.3 of this chapter. These operators use U.S.‐registered civil airplanes that have a seating configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more when common carriage is not involved. These requirements are proposed in subpart C. Pilots holding an FAA pilot certificate and employed by operators who perform public aircraft operations may seek subsequent employment with an air carrier. Pilot records data that is determined to be CUI would be handled in accordance with the DOT and FAA's CUI policies, once implemented. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. [94] (c) Each air carrier and other operator must conduct a reasonable investigation of any dispute made by an individual pilot in accordance with paragraph (a) of this section and § 111.320. 3259. 44905, regarding information about threats to civil aviation; and such information as the Administrator determines necessary may be disclosed if withholding the information would not be consistent with the safety responsibilities of the FAA. Part 125 letter of deviation (LODA) holders [90] By allowing scanned documents or photographs of a pilot's record to be transmitted to the PRD, the FAA would be unable to assure that each record submitted contained only the types of data relevant to the hiring decision. 70. 44703(i)(2)(B)(i). PRD Hire Date or PRD Date of Hire means the earliest date on which an individual is expected to begin any form of company required training or to perform any other duty for an air carrier or other employer in preparation for the individual's service as a pilot. This proposal would not impact the five-year record retention requirements for drug and alcohol records or the requirement to provide records of notification to the Federal Air Surgeon of refusals to submit to drug and alcohol testing, verified positive drug test results, and violations of the alcohol misuse prohibitions within two working days in accordance with 14 CFR part 120 or 49 CFR part 40 for employers. The following table summarizes the net industry costs of the proposed rule. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732; 46105; Pub. 30305, and creates an unnecessary duplication of records. on A “participating State” is “a State that has notified the Secretary under [49 U.S.C. RAA Strongly Supports FAA Proposal for a New Pilot Records Database Washington, DC, June 29, 2020. Joe Smith was disqualified as a PIC on May 29, 2015, due to incomplete required differences training. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. Additionally, by limiting the set of historical data elements, the FAA would be harmonizing the amount of records each pilot would have in his or her respective PRD file, which also would promote efficiency for air carrier review of those records. As required by the PRD Act, the agency proposes in § 111.220 to require records maintained pursuant to § 125.401 by part 125 certificate holders to be reported to the PRD, except for flight time, duty time, and rest time. * See the Regulatory Evaluation available in the docket for details on the hourly rates and costs. [40] The FAA expects that the responsible person named on the operator's letter of authorization would input pilot records into the PRD since the operations are typically seasonal, and air tour operators employ fewer pilots than other entities required to report data to the PRD. 126. Examples of records are detailed in the Draft AC. One such required user is a responsible person, who is the primary point of contact for each employer and has the most control over each employer's relationship with the PRD. These records would remain in the PRD for the life of the pilot. (b) Operators employing pilots, except as provided in paragraph (c) of this section, must report to the PRD all historical records kept in accordance with 49 U.S.C. (c) Any individual that submits a written consent to an air carrier or other operator in accordance with § 111.310(b) is entitled to request a copy of any State motor vehicle driving records obtained by the prospective employer in accordance with § 111.110. These tools are designed to help you understand the official document In an effort to ensure pilots that were previously employed by air carriers and operators that have ceased operations are not disqualified for employment opportunities as a pilot, the FAA is proposing to implement the “good faith exception” in § 111.115. Finally, PRIA would cease to be effective two years and 90 days after publication of the final rule, as set forth in statute. 44703(h)(1)(C) and 44703(i)(2)(C). The air carrier is permitted to “require the individual. The FAA proposes to sunset the PRIA requirements two years and 90 days after the effective date of the final rule that follows this proposal. The FAA then estimated a base cost burden to report these records by multiplying the base cost [139] Check pilot comments designated in accordance with § 125.295 must also be included. [70], The amount of time an air carrier or other operator employing pilots spends transmitting data to the PRD using such an automated utility would depend on the user's internet connection, bandwidth, and volume of data being sent to the PRD. This statement would be required in addition to the information required of all other responsible persons as proposed in § 111.15(d)(6). Similarly, the FAA would therefore permit the RP to delegate the authority to use the PRD to other employees or proxies. This user fee will also not apply to individual pilots accessing their own records in the PRD. Federal Register issue. The FAA determined that it was in the interest of safety to include these employers, in addition to air carriers, for several reasons. FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. (b) No person may share, distribute, publish, or otherwise release any information accessed in the database to any person or individual who is not directly involved in the hiring decision, unless specifically authorized by law. [48] Any changes to the source record would be reflected in the PRD. More information and documentation can be found in our (b) This part applies to the following persons: (1) Each person that holds an air carrier or operating certificate issued in accordance with part 119 of this chapter and is authorized to conduct operations under part 121, 125, or 135 of this chapter; (2) Each person that conducts air tour operations pursuant to a letter of authorization issued in accordance with § 91.147 of this chapter; (3) Each person that conducts operations pursuant to a fractional ownership program authorized in accordance with subpart K of part 91 of this chapter; (4) Each person that conducts operations as a corporate flight department, as defined in this part, pursuant to the general operating and flight rules in part 91 of this chapter; (5) Each person that conducts public aircraft operations; (6) The trustee in bankruptcy of any air carrier or other operator described in this paragraph; (7) Any other person authorized by the Administrator to access the PRD; (8) Any individual who holds an air transport or commercial pilot certificate issued under part 61 of this chapter or a remote pilot certificate under part 107 of this chapter; and. Current Process for Air Carrier National Driver Register Requests Under the PRD Act, c. Proposal for Evaluation of Driving Records (§ 111.240), E. Exclusion of Voluntary Aviation Safety Program Records (§ 111.245)Start Printed Page 17661, G. Pilot Records Improvement Act (PRIA) Transition (§ 111.400), 1. The January 27, 2005, safety recommendation letter may be accessed at​safety/​safety-recs/​RecLetters/​A05_​01_​02.pdf. The proposed requirements for reporting certain disciplinary records to the PRD would ensure that air carriers and other employers have access to relevant records that would help the employer evaluate the ability of a pilot-applicant to engage in safe aircraft operations. [108] Previous five years from the date of request as required in accordance with, (1.) [20] The FAA would then issue user IDs only electronically to an air carrier, operator, company, or eligible individual pilot upon completion of the registration process and validation of the information. documents in the last year, by the U.S. Customs and Border Protection and the Treasury Department The FAA recognizes that an individual may acquire flight time various ways to be eligible for a position with a part 121 air carrier. Joe Smith was terminated on May 29, 2015, due to noncompliance with the company's attendance policy. 20. 106(f), 106(g), 40113,41706, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. This rulemaking is promulgated under the general authority described in 49 U.S.C. Summary of Current PRIA Guidance, Public Law 111-216 Section 203 (49 U.S.C. The FAA expects that this method would only be used by those operators without the technical capability to use an automated utility such as an XML. The Omnibus Transportation Employee Testing Act of 1991 [129] Many part 91K fractional ownerships also hold part 119 air carrier or operating certificates. The FAA must include records concerning current airman certificates, associated ratings, and any limitations to the certificate or ratings. 44703(h) and (j). Each air carrier and other operator must report to the database all records required by this subpart for each individual employed as a pilot in the form and manner prescribed by the Administrator. The FAA welcomes comments on whether the period of overlap during the transition between PRD and PRIA should be shortened or extended. . In the FAA's history of overseeing a variety of types of certificate holders, the FAA has learned that a pilot's employment with a small operator, such as one with only a single aircraft, does not typically lead to employment with a certificate holder that conducts operations with many passengers. Not all of these media are easily transferrable to an electronic database. However, the records not reported to the PRD on an individual's performance as a pilot by a defunct air carrier or operator would not need to be considered for hiring purposes and would be considered to satisfy the “good faith exception.”. The proposal for part 125 operators is consistent with the FAA's current guidance for compliance with PRIA. Executive Director, Flight Standards Service. 615 (49 U.S.C. Report from the PRD ARC, page 12. Therefore, the FAA concludes only those operators who have a fleet of at least two aircraft should be subject to the proposed reporting requirement. The FAA's Pilot Records Database has been in a testing phase for three years. 5. These types of pilot records that large corporate flight departments hold contain precisely the data that hiring air carriers will find beneficial to use when making hiring decisions. Responsible persons would be required to meet the strictest eligibility criteria since that user role would be provided the most access rights to the PRD of any user other than the Administrator. United States Government Accountability Office report titled “Aviation Workforce: Current and Future Availability of Airline Pilots,” p. 23, available at​assets/​670/​661243.pdf (February 2014). The FAA has determined that the most appropriate means for air carriers and operators to report information for inclusion in the PRD is to establish a process to grant direct electronic access to whoever would be required to report information. The FAA proposes to include information from the Accident/Incident Data System (AIDS) to air carriers through the PRD. For this preliminary analysis, the FAA assumes the effective date of the final rule to be in calendar year 2021 with the 10-period of analysis of future regulatory impacts to be 2021 through 2030. (2.) The FAA proposes to limit pilot access to the PRD to holders of an FAA-issued commercial pilot certificate, airline transport pilot certificate, or remote pilot certificate, where applicable.[122]. Additional information must consist only of those details that can be confirmed from the employer's personnel records, with no extraneous information that cannot be independently verified in written record included. An established process and correction of overturned records, annual cost of reporting records to entered... ; 110 Stat earned Rewards, ( 1 ) any individual who is employed as a on... The courts under 44 U.S.C would incur costs of the Executive branch of Government through Executive.! On possible incentives for early compliance, and the pilot records database cost of electronic reporting during AQP pilot training Qualification. The ability to meet specific training requirements operate their own records in accordance with 5.. 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