Federal Aviation License | License Lookup The FAA would incur costs of the proposed rule related to the operations and maintenance of the PRD. If the information disputed was reported by an air carrier or other operator, the dispute must be made with that person in accordance with the person's established policies and procedures required in accordance with 111.255. The FAA does not interpret the PRD Act to require the following entities to report information to the PRD: Most of these entities have historically not been subject to recordkeeping requirements, or operating rules and limitations comparable to air carriers. The FAA estimated the number of air carriers and operators (in other words, the number of respondents) who would report data manually to the PRD and the number of pilots working for them. The statutory cite can be found at 49 U.S.C. Furthermore, many might not have the financial resources to justify formal flight training when it is not required. The table below indicates the annual number of FAA forms completed by airmen, hiring and previous employers during the hiring process. All reports are emailed. 84. At the time of writing, the FAA only had data for additional annual cost of $1,500 for monitoring, trouble-. developer tools pages. Section 203(b) of the PRD Act, codified in 49 U.S.C. The Registry will be issuing revised certificates in batches based on the Under the proposal, most of this process would occur electronically. Reasonable charges by the FAA for processing requests and furnishing copies. Table 3Data Elements Required To Be Entered Into a Pilot's Historical Record. A summary of the burden for present and future pilot records that we expect would be manually entered to the PRD is presented in the next table. (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. Following the enactment of the PRD Act, the FAA examined whether the expunction of certain enforcement actions could continue in light of the data collection, data retention, and FOIA protection requirements of the PRD. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules, and the specific authority provided by 203 of the Airline Safety and Federal Aviation Administration Extension Act of 2010 (the PRD Act), codified at 49 U.S.C. 44703(h). User access would be tightly controlled, with the majority of users (i.e., pilot-users) only able to view data. These tools are designed to help you understand the official document (1.) As a result, this rule is not considered as creating an unnecessary obstacle to foreign commerce. 7. 78 FR 42324. [74] Furthermore, the FAA would need to ensure that the correct record is placed in the appropriate individual pilot folder and that the documents uploaded to the system contain information that is legible. The FAA would be required to review each individual pilot record and redact information as appropriate. Part 119 certificate holders, air tour operators, fractional ownership programs, corporate flight departments, and governmental entities conducting public aircraft operations. Information obtained on our website is not verified and/or may not be up to date, even though we do our best to keep it fresh. The FAA invites comments, with supporting documentation, about whether PRD reporting should extend to part 133 and 137 operators.Start Printed Page 17669. legal research should verify their results against an official edition of The table below summarizes the total paperwork burden in terms of hours, cost and respondents. http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/all_infos/media/2014/InFO14005.pdf. Login to your IACRA account and click the button Start Foreign License Verification Process and follow instructions and upload your ICAO license and medical. (a) Each air carrier and operator must report the information required by this subpart for an individual employed as a pilot beginning on the PRD date of hire for that individual. Background on the National Driver Register, b. The records required to be maintained demonstrate an employer's compliance with pre-employment, reasonable cause/suspicion, random, post-accident, return-to-duty, follow-up testing for use of prohibited drugs or misuse of alcohol, and documentation of other violations within the Department of Transportation modal administration drug and alcohol testing regulations. For the purposes of this proposal, the FAA does not believe that it will affect the purpose and integrity of the PRD. 97. The FAA also proposes in 111.105 to prohibit any air carrier or operator employing pilots, and proxies that access the PRD and retrieve information pertaining to an individual, from disseminating that information, for any purpose, to any person who is not directly involved in the hiring decision. 44732 note). Do corporate flight departments maintain substantive records documenting pilot training, evaluation, performance, disciplinary actions, or release from employment or other professional disqualification? (b) Records maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations. The pilot data element is not applicable (and therefore not required) if the pilot has not attempted the data element. However, the air carrier or operator would be required to assume liability for any individual accessing the PRD on its behalf. If a termination is overturned, as in the preceding hypothetical, the termination record must not be reported to the PRD. On February 12, 2009, Colgan Air, Inc. flight 3407 (d/b/a Continental Connection), crashed into a residence in Clarence Center, NY, about 5 nautical miles northeast of the Buffalo-Niagara International Airport, New York resulting in the death of all 49 passengers on board and one person on the ground. 60. (2) An FAA audit of the database indicates that 99 years have passed since the date of birth on record for the individual. 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. An operator must maintain the records on the completion of a part 125 required test as well as a pilot's currency requirements referenced in 61.51(a)(2). Joe Smith was terminated on May 29, 2015, due to an accident involving a company aircraft. State Driving Records and the National Driver Register (111.110), a. [108] Title 49, Code of Federal Regulations section 40.25 requires review of whether applicants had a previous positive result or refusal at another DOT mode. 64. CAIS would provide the PRD with the most recent date of a medical exam, medical class, and medical limitations (if any). Data Required for Submission of Historical Records to the Pilot Records Database, 2. IACRA - Federal Aviation Administration In addition, even if they have records, those records would be of limited value to hiring employers. The records that must be requested by a hiring air carrier and provided by a pilot's current and previous employers in response to a PRIA request include all records kept pursuant to particular provisions of Title 14, Code of Federal Regulations related to maintaining current crewmember records and drug and alcohol testing records,[18] North Dakota The air tour operator and responsible persons would be held accountable by the FAA for the responsible person's actions within the PRD. This amendment would provide regulatory relief to 91K program managers and former employers because they would be able to obtain certain pilot records from the PRD instead of requesting them from the pilot's previous employers. As described below, the FAA interprets language in the PRD Act related to disciplinary actions to have the same meaning as in PRIA. No fees would be incurred in the event that a pilot's consent expires, is revoked, or reissued prior to the employer accessing the record. This information is maintained in accordance with Federal guidelines, and when applicable, the FAA maintains a policy that addresses data retention and destruction within the EIS. The PRD ARC expressed concern about the treatment of ASAP and other voluntary safety reporting records in the context of PRD and recommended that these records be excluded from the PRD. The FAA issued Advisory Circular (AC) 120-68: Pilot Records Improvement Act of 1996 to provide guidance material for air carriers, operators and pilots regarding compliance with the PRIA statute. [73] The majority of the requirements in 120.111 and 120.219(a) require records about a company's training procedures for personal testing and handling of drug and alcohol tests, rather than individual pilot results to be retained by an employer. The FAA is proposing in 111.15(d)(1) that an individual registering for access to the PRD as a RP, on behalf of a part 119 certificate holder authorized for operations under parts 121 or part 135, be a person who serves in a management position listed under 119.65(a) or 119.69(a) (as applicable) and is listed on the air carrier's operations specifications. Pilot Rights and Protection in Accordance With PRIA, a. The FAA assumes that any corporation that could afford a corporate flight department would have in excess of $16.5 million in revenues and is therefore a large entity. Amend 121.683 by adding new paragraph (d) to read as follows: (d) Each certificate holder authorized to conduct operations in accordance with this part is subject to the Pilot Records Database requirements applicable to air carriers in part 111 of this chapter and must achieve compliance in accordance with the applicable timelines in that part. See AC 120-68F, paragraph 3-8, Note. Drug and Alcohol Records To Be Entered by the FAA, C. Reporting Requirements of Historical Records Maintained by Air Carriers and Operators Employing Pilots (111.210, 111.250, 111.265, 111.420), 1. The express language of the PRD Act requires pilot records from any air carrier and other person to be included in the PRD. Certificate holders that conduct operations under part 121 may train and qualify pilots in accordance with the provisions of current subparts N and O or under an Advanced Qualification Program (AQP) in accordance with subpart Y of part 121. .] Limiting the data elements available to hiring employers is critical because the PRD requires the FAA to ensure pilot privacy is protected. In the event of a dispute, the record must be entered in the PRD within 30 days after the dispute is considered resolved or closed by the employer. Individuals and organizations may send comments on the information collection requirement to the address listed in the ADDRESSES section at the beginning of this notice of proposed rulemaking by May 29, 2020. See NTSB Report AAR-10/01 (adopted February 2, 2010) at page 155, which can be obtained at http://www.ntsb.gov/investigations/AccidentReports/Reports/AAR1001.pdf. The data would be transmitted via an automated utility such as XML through the PRD application, and the PRD application would be able to extract the relevant information for each pilot and enter the information into the appropriate fields in the PRD. Mississippi During PRD implementation, the FAA may find that some operators have not already been verified by the FAA because they have not had prior interaction with their local Flight Standards District Office. However, the FAA did not believe that this was a reasonable interpretation of the PRD Act. Therefore, as proposed in 111.220(a)(2), 91K operators would be required to report to the PRD records that document compliance with part 61 requirements for flight review, recent flight experience, and proficiency checks. Second, the Regulatory Flexibility Act of 1980 (Pub. . The FAA considered and rejected interpreting the PRD Act broadly and requiring all employers of pilots to comply with the proposed PRD requirements, regardless of whether the information would be useful to hiring air carriers or not. Refusals to submit to drug or alcohol tests. Hereafter referred to as air tour operators for the purposes of this preamble. (a) Once a pilot has been issued credentials by the FAA to access the PRD based on an approved application submitted to the FAA in accordance with 111.305, the pilot may access the database at any time to review all records pertaining to him or her that have been reported to the PRD (including airman certification information reported by the Administrator) and to submit the written consent required in accordance with 111.310(a). 132. Record Retention and Removal Upon Death of a Pilot, V. User Fee for Accessing the PRD for Purposes of Evaluation, 1. Therefore, a person who receives a request for records under PRIA must provide to the individual who is the subject of the records . With this threat in mind, the FAA will adhere to National Institute of Standards and Technology (NIST) Federal Information Security Management Act (FISMA) 800.53 Security and Privacy Controls for Federal Information Systems and Organizations to secure information contained in PRD. Pursuant to this authority and to ensure the application's sustainability, the FAA proposes a user fee applicable to air carriers and operators that access a pilot's record in the database for the purpose of evaluating employee records, but not for reporting records. Joe may requalify as an SIC after the completion of SIC training. Directly involved in the hiring decision means any individual who is responsible for making pilot hiring decisions on behalf of the employer or who is responsible for advising the decision maker on whether or not to hire an individual as a pilot. Variables such as the age and condition of the original record, the darkness of the text on the page, and the legibility of any handwriting on the page could create a document that provides little or no value to the PRD, with no assistance to an air carrier or operator employing pilots during the hiring decision. 129. If we chose one of the forms only requiring two entities to complete to estimate number of respondents, we would be underestimating respondents. Responsible Persons' Delegation Authority (111.15, 111.20, 111.25), 3. All air carriers and operators that are subject to the reporting requirements in this proposal would be required to begin entering specific pilot records within one year of the publication date of the final rule. However, providing this information about the airman would assist the potential employer in developing a more complete picture of that airman's overall performance as a pilot. [50] In one hypothetical presented to the agency for consideration, a pilot asked whether a termination record that is overturned by an employer and replaced by a resignation record in accordance with a settlement agreement must be reported in response to an air carrier's PRIA request, or whether the final resignation record solely must be reported. (b) No person may report any of the following information for inclusion in the database: (1) Records related to flight time, duty time and rest time. 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 welcomes comment on whether it would be helpful for the FAA to maintain a publicly available list of all air carriers and operators who are fully compliant with PRD ahead of schedule so that prospective employers can query the PRD directly. (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 estimates the proposed rule would result in present value net costs to industry and the FAA of about $12.8 million or $1.8 million annualized using a 7% discount rate. Additionally, access to the PRD through an individual pilot-user role would be limited, and all access to the PRD would be tracked via a unique username for each user. Beginning on [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER], air carriers or other operators employing pilots may no longer comply with the provisions of 49 U.S.C. 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. Moreover, if any informal or formal dispute is pending between the pilot and the employer regarding the circumstances of the pilot's separation from employment, the record would not be considered final and would not be reported to the PRD. We expect the same entities would complete each form for one PRIA request. 49 U.S.C. Pilot records data that is determined to be CUI would be handled in accordance with the DOT and FAA's CUI policies, once implemented. Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Use the PDF linked in the document sidebar for the official electronic format. This action contains the following proposed amendments to the existing information collection requirements previously approved under OMB Control Number 2120-0607. The FAA further believes that a part 125 LODA holder is similar in nature to corporate flight departments. 36. 10. Idaho However, any information from those records required by PRD would remain in the PRD for the life of the pilot. The purpose of flight checks is to validate certificates and ratingsthey were not originally developed to inform hiring decisions. Amend 125.401 by adding new paragraph (d) to read as follows: (d) Each certificate holder authorized to conduct operations in accordance with this part is subject to the Pilot Records Database requirements applicable to operators that employ pilots in part 111 of this chapter and must achieve compliance in accordance with the applicable timelines in that part. It will be necessary, therefore, for the hiring employers to review all FAA records maintained in the PRD as well as request records from previous employers using the PRIA process to ensure they have evaluated all pertinent records. The PRD would include records from air carriers and persons that employ pilots regarding pilot training, qualification, proficiency, professional competence, drug and alcohol testing, final disciplinary action, and final separation from employment action. This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule. Joe Smith was terminated on May 29, 2015, due to noncompliance with the company's attendance policy. [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. Air carriers and operators would also be required to enter verifying data in the PRD for each individual considered for employment as a pilot. 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).