If a resignation in lieu of termination occurs for safety or performance related reasons, there would be other information submitted to PRD documenting those issues. 15. Furthermore, the FAA could not provide such assurances on every individual pilot record since much of the information could only be confirmed by the subject of the record. Exclusion of these records is directed by the PRD Act and other medical privacy laws. 7. As per 14 CFR 135.337, a check pilot is “a person who is qualified to conduct flight checks in an aircraft, in a flight simulator, or in a flight training device for a particular type aircraft.”. In conducting these analyses, FAA has determined that this proposed rule: (1) Is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866; (2) would have a significant economic impact on a substantial number of small entities; (3) would not create unnecessary obstacles to the foreign commerce of the United States; and (4) would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. The PRD Act specifically requires summaries of legal enforcement actions resulting in a finding by the Administrator that was not subsequently overturned. Moreover, § 44703(i)(4)(B)(i) requires this information to be reported by “air carriers and other persons . (6) For persons conducting operations pursuant to subpart K of part 91 of this chapter, an authorized individual designated by the fractional ownership program manager, as defined in § 91.1001(b) of this chapter, who meets all of the following conditions: (i) The individual must have their identity verified by the FAA in a form and manner acceptable to the Administrator; and. When you register for PRD you will need to enter the required information EXACTLY as it appears on your airman certificate. (2) Date Individual Begins Service as a Pilot. (h) An air carrier or other operator that initiates operations after [DATE 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER] must submit the application required by this section to the FAA at least 90 days before the air carrier or other operator initiates aircraft operations. The FAA considered, but is not proposing, allowing for a lengthier summary of the event in situations where the pilot and the operator mutually agree upon the full language summarizing the incident in PRD. The FAA also studied the following operating characteristics in comparison to part 121 air carrier operations to determine which operators should be subject to the proposed rule: The operating conditions of the flight (including the complexity of the operation and the type and complexity of the aircraft flown), the applicable operating rules, the applicable recordkeeping rules, and the progress and career path of the pilot as affected by the July 15, 2013 Pilot Certification and Qualification Requirements for Air Carrier Operations final rule.[42]. The FAA examined the data on the number of business jets and large turbine powered airplanes in the national airspace system. Joe Smith was terminated on May 29, 2015, due to insubordination. Operators may upload any records they have on a voluntary basis. Further, the ASAP report is protected from disclosure to the public, with certain defined exceptions. Entities That Will Not Be Required To Report Information, B. FAA Records To Be Reported to the Pilot Records Database, 5. All training and qualifying events conducted through an approved part 121 training program are required to be recorded in accordance with § 121.683, regardless of the subpart under which the training program is approved. Individuals obtaining the training for an FAA certificate or rating are not employed as pilots but instead are paying for flight instruction, or paying the instructors or evaluators employed by the institutes of higher education. 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. 40102, “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation (i.e. Individuals who will manage other user accounts for a particular aviation employer would register for an authorized user manager role. InFOs contain information or a combination of information and recommended action to be taken by the respective operators identified in an InFO. Many of the LOAs have been issued to existing part 119 certificate holders. The average annual hour burden is 5,240 and the average annual cost burden is $304,961 for manual entry into the PRD of present and future records. (b) Persons conducting operations of a corporate aircraft fleet pursuant to the general operating and flight rules in part 91 of this chapter are not required to comply with this section or subpart E of this part. (c) This subpart does not apply to any new entrant air carrier or other operator that initiates aircraft operations on or after [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER]. All activity in the PRD would be tracked by the user ID, and the log would be maintained by system usage to ensure system security. However, the FAA believes that database security features alone would not provide sufficient protection of pilot records due to the number of certificated pilots and others expected to utilize the database. The FAA has created several voluntary safety programs to encourage the disclosure of safety events or incidents that occur within the aviation industry, which might otherwise remain unreported due to an individual's fear of disciplinary action or the potential for FAA enforcement action. The FAA recognizes that there are inefficiencies associated with this overlap, and that air carriers and operators that are compliant ahead of schedule may wish to direct queries to the PRD rather than respond to paper-based PRIA inquiries. The FAA proposes that all prospective users would identify the requested user role through the registration process. However, the FAA did not believe that this was a reasonable interpretation of the PRD Act. Record Retention and Removal Upon Death of a Pilot, V. User Fee for Accessing the PRD for Purposes of Evaluation, 1. (c) Persons conducting operations pursuant to the general operating and flight rules in part 91 of this chapter are not required to comply with this section. If they did want to eventually work for an air carrier, however, the FAA's experience shows that they will, over the course of their careers, progress to employment with another “gateway” operator required to enter records into the PRD, before becoming eligible to seek employment with an air carrier. 5900, which amended many longstanding aviation programs, including PRIA. These can be useful 44703(h). (iv) All follow-up alcohol test results, which must be retained by the employer in accordance with 49 CFR 40.333(a)(1)(v). Therefore, any activity performed in the database on behalf of an air carrier or operator would be authorized by the responsible person and tracked by the database if any misuse were to occur. The proposed extended timeline for the entry of historical records would provide air carriers and operators time to enter the applicable records for each pilot employed during the documentation dates previously explained. documents in the last year, 104 2348 (49 U.S.C. AIDS contains records of aircraft accidents and incidents occurring in the United States and those involving U.S.-registered aircraft outside of the United States. The FAA typically processes the requests and provides the appropriate records within 3 business days. Additionally, the air-tour operator must comply with any other requirements listed in the FAA-issued LOA. 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. These are the same records required to be retained by 49 CFR 40.333(a). Report to the PRD means to access the PRD system electronically, and submit information in the form and manner prescribed by the Administrator pertaining to each individual employed as a pilot as required by this part. The table below summarizes the total paperwork burden in terms of hours, cost and respondents. The time-limited consent period would only be for the operator's ability to access the record in the PRD; once downloaded, the operator could maintain the pilot's record within its internal paper or electronic systems, subject to applicable law relating to retention of personal information about an applicant. The air carrier or operator and the RP would be responsible for entering, accessing, editing, and monitoring all activity, subject to the limitations of use, in the PRD by the air carrier or operator. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. from 23 agencies, updated on 8:45 AM on Friday, January 22, 2021, 82 documents The remaining persons affected by the proposed rule—entities conducting public aircraft operations, air tour operators, and corporate aviation operators—are not required to comply with these historical record reporting requirements. The following table summarizes the current recordkeeping and reporting requirements under PRIA, the requirements imposed by legislation, and the key recordkeeping and reporting requirements of this proposal. Total Benefits and Costs of This Proposed Rule, 2. . Registering Users—In order to get to access the PRD, users would have to go through a registration process with the FAA. What level of detail (e.g., training completion dates or the pilot's entire training record including each activity/task and outcome) do operators keep for historical pilot records dating back to August 1, 2005 and how accurately do the data requirements outlined in Table 3 reflect that level of detail? daily Federal Register on FederalRegister.gov will remain an unofficial (b) Renewal. In this case, no action or proceeding may be brought against the air carrier. Individual pilots would be granted access to the PRD electronically by following the registration process in this section-specifically, by providing the requested identity information during the registration process. on This alternative might be less costly for some operators than submitting historical records through PRD because sending historical records under PRIA would not require them to transcribe records into the PRD format. (b) Operators that employ pilots and are subject to the reporting requirements in subpart C of this part, may also include in the application for access to the database under § 111.15 a request to opt in to the requirements of this subpart to assess the qualifications of an individual in determining whether to hire the individual as a pilot, provided: (1) The application for access to the database for purposes of evaluating any information maintained in the database is submitted for approval to the FAA in the form and manner prescribed by the Administrator; (2) Any other operator that requests access to the database in accordance with this paragraph may be required to submit a new application or amendment thereto, along with any additional information that may be requested by the Administrator; (3) Any participating operator that is authorized by the Administrator to access the database in accordance with this paragraph must comply with § 111.40 and the requirements of this subpart, with the exception of 111.110, and unless otherwise specified. 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. This could be months or years after the record was uploaded and the original record may no longer be available. This burden would be eliminated because air carriers and pilots would no longer have to complete and mail (or fax) forms in order for air carriers to request pilot records and for pilots to allow records to be released. The summary field would be used by the employer to briefly summarize the underlying event that resulted in discipline and provide additional relevant information about the disciplinary action taken, such as the length of a suspension, if applicable. Phase I of The Pilot Records Database (PRD) rolls out early this year. [133] Since many air carriers and operators have maintained records in accordance with PRIA in varying degrees of detail, the FAA is proposing that part 119 certificate holders enter the specific data elements listed in Table 3. The FAA is proposing in subpart C of part 111 to require all part 119 certificate holders, 91K fractional ownership programs, persons authorized to conduct air tour operations in accordance with § 91.147, persons operating a corporate flight department, covered governmental entities conducting public aircraft operations and employing pilots, and trustees in bankruptcy to enter relevant data on individuals employed as pilots into the PRD. (e) Paragraph (a)(3) of this section will expire on [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER]. The FAA is proposing to establish eligibility requirements for required users of the PRD to further ensure system security. If any individual were to take action inconsistent with any provision of part 111, the air carrier's or operator's RP, and the employer, may be subject to enforcement action. As a result, pilot records maintained by an operator of public aircraft would relate to part 61 currency requirements and would be similar to those maintained by holders of a part 119 operating certificate authorized to conduct operations in accordance with part 125. As previously discussed, the PRD Act requires records maintained pursuant to § 135.63(a)(4) to be entered into the PRD, as well as other records the air carrier may be maintaining related to the training, qualifications, proficiency, or professional competence of the pilot, including check pilot comments maintained in accordance with § 135.337. User access would be tightly controlled, with the majority of users (i.e., pilot-users) only able to view data. 84. 102. For definitions of the NAICS codes please refer to 2017 NAICS Manual, pg. 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