The FAA requires a responsible person to be named on the application for authorization to conduct air tours and provide a purpose and details of the air tour. When an individual seeks employment as a pilot for an air carrier, the hiring air carrier initiates the process to request and receive all relevant records as required under PRIA. to the Administrator promptly” for inclusion in the database. The NTSB determined that “the probable cause of the accident was the in-flight failure of the right engine and the pilot's failure to adequately manage the airplane's performance after the engine failed.” [8] The following table summarizes the base hours and base cost burden for reporting historical records and the supplemental cost burden to represent the additional cost of locating and transposing historical records to the PRD. The FAA examined the data on the number of business jets and large turbine powered airplanes in the national airspace system. All part 125 operators are small. Section 203 of the PRD Act requires the FAA to establish a pilot records database that contains records from various sources related to individual pilot performance and to issue implementing regulations. documents in the last year, 9 PRIA permits an air carrier or other person who receives a request for records under PRIA to “establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records.” [19]. RAA Strongly Supports FAA Proposal for a New Pilot Records Database Washington, DC, June 29, 2020. include documents scheduled for later issues, at the request All air carriers, operators, and eligible pilots would be required to register for user rights to the PRD through a web-based process proposed in §§ 111.15 or 111.305, as applicable. The FAA would also welcome information from any employers that do not intend to use the back-end XML solution. The statement to Congress must contain any FAA recommendations to change the records required to be included in the database or the reasons why the FAA does not recommend any changes to the records referenced in Section 203. As proposed in § 111.230, air carriers and operators would be required to access the PRD and enter limited, specific information pertaining to a pilot's final separation of employment. Responsible Persons' Delegation Authority and Authorized Users, C. Protection of the Privacy and Confidentiality of Pilots and Other Users, 3. The PRD Act requires air carriers and operators that seek to employ pilots to enter certain drug and alcohol records into the PRD for individuals employed as pilots. 101. Even in cases in which the visual quality of the records uploaded is insufficient, uploads of records would still be accepted into the PRD. This requirement is not tied to PRIA, rather, it is a PRD-specific requirement, and is applicable to operators authorized to conduct operations in accordance with parts 125 and 135, as well as part 91K fractional ownerships. 3. Limiting the data elements available to hiring employers is critical because the PRD requires the FAA to ensure pilot privacy is protected. Additionally, in accordance with the PRD Act mandate, the FAA proposes in § 111.220(b) to exclude flight time, duty time, and rest records from the reporting requirement. Since pilots employed by the previously-referenced operators do not often transition to careers as pilots in passenger-carrying operations, the FAA questions the value that this information would provide relative to the attendant regulatory burdens it would impose on those operators. For a complete and accurate representation of an individual's drug and alcohol testing history to be conveyed in the database to a hiring air carrier, the FAA will also include applicable records to the database as previously discussed. 78. For definitions of the NAICS codes please refer to 2017 NAICS Manual, pg. The separation from employment actions include: Resignation, termination, physical (medical) disqualification, professional disqualification, furlough, extended leave, or retirement. Each operator operating under parts 125, 135, or 91K fractional ownership would complete a historical record for every pilot employed since August 1, 2010. Approved registrants would be issued user IDs via their user account, subject to renewal, cancellation and denial, in order for the FAA to continuously manage all database users and maintain system security. After the effective date of the final rule that follows this proposal, air carriers and other operators would incur costs to report pilot records to the PRD, and to train and register as users of the PRD. An additional 40 minutes, including 10 minutes of a human resources manager and 30 minutes of a training and development manager or .667 hours. If an air carrier's computer system could not support the file format or voluminous records maintained over the life of a pilot, the files would be rendered useless. (b) Any individual who is employed as a pilot by an operator of a public aircraft. Also, 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. [91] When you register, make certain to record the ‘My Access UID’ number that will appear on the registration page for use on the following screens in the application. The FAA is deploying a new database of pilot information to replace the cumbersome PRIA request process. 106(f), 106(g), 40101, 40113, 44701, 44703(h), 44703(i), 44711, 46105. The PRD Act also requires that a “trustee in bankruptcy for the air carrier or person” continue to provide records to the PRD in event that an air carrier or other operator files for bankruptcy. Consistent with the PRD Act and the FAA's implementation of PRIA, the FAA is proposing to include information on an individual's closed enforcement actions. The FAA proposes to submit to the PRD those records of pre-employment drug or alcohol violations and refusals to submit to testing that are required to be submitted to the FAA by air carriers and other employers or their MRO. Aviation employers who wish to use the PRD to obtain FAA records must continue to obtain non-FAA records as described in AC 120-68 (as amended). Individual pilots and others have contacted the FAA with questions regarding what separation from employment records must be furnished by an employer in response to a PRIA request. As previously discussed, there would be two methods for reporting data to PRD. Media contact: The Regional Airline Association (RAA) today voiced its strong support for the Federal Aviation Administration’s (FAA’s) Notice of Proposed Rulemaking (NPRM) on the establishment and maintenance of a robust Pilots Records Database (PRD). DOT OIG audit report (page 8) entitled “FAA Delays in Establishing a Pilot Records Database Limit Air Carriers' Access to Background Information.”. Docket: Background documents or comments received may be read at at any time. 124. As contained under 14 CFR part 120, a person employed in a safety-sensitive position who has two verified positive drug test results or two confirmed alcohol violations or engaged in prohibited drug use or alcohol misuse while on-duty after September 19, 1994 is permanently disqualified from performing the safety-sensitive functions the employee performed prior to the second drug or alcohol test or on-duty violation. The FAA may also disclose information if, among other situations, it is needed “to correct a condition that compromises safety or security, if that condition continues uncorrected.” § 193.9(a)(2). It has been in … (a) Until [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER], each air carrier must make a good faith effort to request and receive records in accordance with the requirements of PRIA at 49 U.S.C. The FAA also considered whether it would be appropriate to build another control into the system that disallows printing of an individual's information. the NTSB advised that a more permanent action through rulemaking would ensure that air carriers be required to obtain and evaluate notices of disapprovals for pilot-applicants. [125] All others who do not currently have electronic databases are assumed to maintain the in-house systems and, in addition, would enter data manually into PRD. Air carriers or operators may elect to have outside organizations query or report data to the database on their behalf. 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. (e) All historical records required to be reported to the FAA for inclusion in the PRD in accordance with paragraph (a) and (b) of this section must be maintained by the air carrier or other operator for at least five years after the records have been reported to the PRD, notwithstanding other applicable rules or regulations pertaining to retention of such records. However, because it is now more time-intensive to receive the requisite experience for operations with a 121 carrier than before, the FAA expects the traditional path toward a pilot position at a part 121 air carrier will continue to be used, as opposed to more alternative methods of gaining experience, which are discussed below. (3) All business names and the address for the principal base of operations for the air carrier or other operator. Those Potentially Affected by This Proposed Rule, 1. [31] (2) A proxy identified by a responsible person on an application described in paragraph (b)(1) of this section must also submit an application in a form and manner prescribed by the Administrator for approval. The FAA is seeking comment, with supporting documentation, on current corporate, flight departments' safety practices and invites commenters to respond to the following: The FAA has limited oversight of governmental entities conducting public aircraft operations (PAOs), though such operations must comply with the regulations applicable to all aircraft operating in the National Airspace System (NAS) (i.e., part 91 general operating flight rules). (a) Each air carrier or participating operator subject to the requirements of subpart B of this part must report to the PRD, in a form and manner acceptable to the Administrator, verification that the requirements in § 111.110 have been met. Joe Smith was terminated on May 29, 2015, due to noncompliance with the company's attendance policy. The FAA has developed and made available on its website additional PRIA-related information to further facilitate compliance with the statutory requirements.[26]. 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 personal privacy of any individual whose records are accessed” in the database and to protect and secure “the confidentiality of those records”. The burden includes the time required for air carriers and operators to develop an encoding program to transfer records from their electronic databases via an automated utility to appropriate fields within the PRD. The FAA expects that in the future, air carriers and other operators that primarily operate sUAS might hire pilots with remote pilot in command certificates,[63] The statutory mandate at 49 U.S.C. In this case, the text will be specific data points, described in the paragraph that follows. The FAA Flight Standards person in the PRD Administrator Role must approve the responsible person. 4. The information maintained in AIDS is not specifically referenced in the PRD Act but is available today to an air carrier via a Privacy Act (PA) request with the pilot's written consent. The Administrator may cancel any database registration that remains inactive for an amount of time determined by the Administrator, or if the person or individual user holding the registration no longer satisfies the eligibility criteria prescribed by this part. All large airplanes (weighing more than 12,500 pounds) or that are turbojet-powered were included in the analysis. 8. 6. documents in the last year, 773 Until [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER], each air carrier or other operator described in § 111.400(b) must continue to make a good faith effort to comply with all applicable requirements of PRIA at 49 U.S.C. This would allow PRIA to be available so hiring air carriers could receive the pilot records that have not yet been entered into the PRD. The agency notes that to the extent this information remains in PRD, the availability and use of that information is limited by the PRD Act and the proposed rule in § 111.105 for purposes of employers making a hiring decision. An electronic recordkeeping system is defined by the FAA as “A system of record processing in which records are entered, electronically signed, stored, and retrieved electronically by a computer system rather than in the traditional “hardcopy” or paper form.” FAA Order 8900.1, Vol 3, Ch 31, Sec 1, Para 3-2983(L). Also required to be in the PRIA request are “any other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning the following: (1) The training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check pilot; (2) any disciplinary action taken with respect to the individual that was not subsequently overturned; and (3) any release from employment or resignation, termination, or disqualification with respect to employment.”, In accordance with PRIA, an air carrier must request records related to the individual for “the 5-year period preceding the date of the employment application of the individual.” No person is permitted to furnish records in response to a PRIA request “if the record was entered more than 5 years before the date of the request, unless the information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in effect on the date of the request.” The FAA and previous air carrier and/or operators are required to retain all pilot records which would be furnished in response to a PRIA request, except NDR-related records, for a period of at least 5 years. With one exception—other employers opting into subpart B would not have to complete the NDR search and verification. The notable difference is, in addition to directing hiring air carriers to request and receive records from the NDR, the proposed rule also directs the air carrier to evaluate the records, or lack thereof, during the hiring process. 108. Pilot Records Database Aviation Rulemaking Committee, c. Related Actions to the Pilot Records Database, A. In addition, the FAA released an updated version of the PRIA AC 120-68E on July 2, 2010, incorporating elements from the Plan. 01/22/2021, 196 See the Regulatory Evaluation available in the docket for more details. 100. If the RP no longer meets the criteria in § 111.15 to serve in that position, his or her PRD user credentials would be cancelled once the FAA is notified. Accordingly, not all pilots would have a complete record in the database for prospective employers to search. Inclusion of those documents in the PRD are discussed in the section regarding CAIS records and in the section regarding separation from employment, respectively. The PRD Act also requires the implementing regulations to prescribe a timetable for the implementation of the PRD as well as a schedule for sunsetting the Pilot Records Improvement Act of 1996. Pilot Training, Qualification, and Proficiency Records (§ 111.220), iii. [93] (a) Compliance with subpart B of this part is required by [DATE ONE YEAR AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]. These persons may voluntarily enter historical records into the PRD.[64]. Overview of User Roles (§§ 111.15, 111.20, 111.25), 3. Air carriers and operators would be responsible for selecting authorized users and could change the individuals or the access rights for individuals at any time within the PRD. This mandate is specific to PRD. See AC 120-68F, paragraph 3-8, Note. In current practice, consistent with PRIA and AC 120-68, the air carrier obtains the pilot candidate's consent prior to searching the NDR for that candidate's driving records. (2) Records pertaining to pilot performance kept concerning a release from employment or resignation, termination or professional disqualification with respect to employment for each pilot that it employs. Additionally, § 111.220(a)(2) would require employers to report any other records that may be kept documenting compliance with other FAA- or employer-required events related to training, qualifications, proficiency, or professional competence, including check pilot comments. The FAA is also proposing to amend § 91.1051: Pilot safety background check, for consistency with the requirements proposed in new part 111; the proposed amendment replaces the current background check requirements with a reference to the new part. 64. The FAA does not currently regulate, collect or review this information, but expects employers would have disciplinary action data on a minimal number of pilots employed, depending on their internal retention timelines for employment records. edition of the Federal Register. 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. As proposed, the disciplinary action records pertaining to pilot performance would not be limited to the events that occurred while the pilot is seated at the controls during flight; they would extend to records of events that occurred in connection with the pilot's completion of duties and responsibilities on the ground, during the pre-flight or post-flight operations of an aircraft that is intended for operation (for example, events occurring during exterior pre-flight or post-flight inspections, visual icing inspections, or behavior related to on-duty drug or alcohol use, pre-duty alcohol use and alcohol use following an accident). The FAA would upload data processed in the Start Printed Page 17665Certification Airmen Information System (CAIS) on a nightly basis to ensure both air carriers and operators have the most accurate and up-to-date information to make an informed hiring decision. 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