pilot records database
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. The FAA would discontinue PRIA 2 years and 90 days after the publication of this rule. Congress mandated the creation of a fully electronic database for all of these records collectively, which was the genesis for this rulemaking. legal research should verify their results against an official edition of Joe was disqualified as a pilot on May 29, 2015, due to violating the pre-duty alcohol use prohibition. The FAA published in the Federal Register on March 30, 2020, a Notice of Proposed Rulemaking (NPRM) for a new Pilot Records Database (PRD) that would substantially impact a large portion of the business aviation community that is not currently subject to reporting requirements. (a) Before any air carrier or participating operator may access an individual's records in the PRD for purposes of retrieving information for compliance with subpart B of this part, the individual must apply for access to the PRD in accordance with § 111.305 and provide written consent to the FAA, in the form and manner acceptable to the Administrator, that authorizes the Administrator to release his or her records maintained in the database to the particular air carrier or participating operator. 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. Currently the PRIA requirements are codified at 49 U.S.C. The Pilot Records Improvement Act (PRIA)  When this rule is finalized, the current PRD, which is currently populated with FAA records, will also be populated with air carrier and operator airman records. 86. 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. (2) The air carrier or other operator must establish procedures to ensure an authorized user or proxy approved by the Administrator understands and complies with § 111.135 and the terms applicable to database access in paragraph (b) of this section and the privileges and limitations of this part. Corporate flight departments are assumed to all have electronic databases. The Comprehensive Airman Information System (CAIS) contains key information derived from airman certificate applications, temporary airman certificates, notices of disapprovals, disapproved applications, enforcement actions, correspondence, requests for replacement certificates, letters of verification of authenticity, and other information that supports the issuance of airman certificates. 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, These credentials would be subject to the same renewal, cancellation, and denial discussed in § 111.25. Pilots selected as flight instructors provide training to pilot applicants for an FAA certificate or rating. 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 experience, most pilots whom these operators employ are unlikely to advance to employment with an air carrier. By letter dated February 21, 2014, the NTSB reported that “pending implementation of the PRD, including guidance about when comments are needed in PRD entries, Safety Recommendation A-10-17 remains classified Open—Acceptable Response.”. Other records kept pursuant to § 135.63(a)(4) require training records specific to the pilot to be maintained, which include: (1) The date and result of each of the initial and recurrent competency tests and proficiency and route checks required by part 135 and the type of aircraft flown during that test or check; and (2) the date and completion of the initial phase and each recurrent phase of the training required by part 135. (in an Advanced Qualification Program, A pilot-applicant is also entitled to a copy of all records provided to the hiring carrier under PRIA. Joe will requalify once the training has been completed successfully. (c)(1) The application required by this section may include a request for limited system administrator rights authorizing the responsible person identified in accordance with paragraph (b)(1) of this section to delegate his or her authority to access the database on behalf of the air carrier or other operator to authorized users and proxies of the air carrier or other operator. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! (b) Any individual who is employed as a pilot by an operator of a public aircraft. The hiring employer should report to the PRD Program Manager any information that the hiring employer discovers outside the PRD that should have been included in the PRD. Three different entities would have to complete form 8060-12 while only two different entities would have to complete the other three forms. Notably, an air carrier receiving records in response to a PRIA request must “take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.” , Records obtained from the various sources required in accordance with PRIA may only be used by an air carrier to assess the qualifications of the individual in deciding whether to hire the individual as a pilot. Photo by Chris Rose. The purpose of flight checks is to validate certificates and ratings—they were not originally developed to inform hiring decisions. The failures occurred on April 28, 2015, May 1, 2015, and May 28, 2015. 63. 37. The FAA also considered whether it would be appropriate to build another control into the system that disallows printing of an individual's information. 29. The FAA proposes to define employment with an entity conducting public aircraft operations or corporate flight department in the same way as it would define employment for a fractional ownership program. better and aid in comparing the online edition to the print edition. As a result of that meeting, the FAA published an Airline Safety and Pilot Training Action Plan  L. 114-190, 130 Stat.  In addition, this proposal identifies all air carriers, fractional ownerships, and some other operators or entities that would be required to access the PRD and evaluate the available data for each pilot candidate prior to making a hiring decision. (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. Section 203(b) of the PRD Act, codified in 49 U.S.C. (a) No person may access the database for any purpose except as expressly authorized by this part. 91. documents in the last year, 104 The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The rule requires that two years after publication historical records be reported to the PRD. The proposed PRD user fee would effectively be a transfer payment from industry to the FAA to cover the FAA's PRD operation and maintenance (O&M) costs. (d) Except as provided in subpart D, no person may use any information pertaining to an individual that is retrieved from the database for any purpose except to assess whether or not to employ that individual as a pilot. Public Law 104-264, § 502; 110 Stat.  The prospective employer must provide a response within 30 days of receiving the pilot's request. This duplicative requirement would be temporary; the sole purpose is to avoid any lapse in PRIA records that were kept during the transition, which, as stated previously would conclude by two years after publication of the final rule. 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. These operators may involve a couple of pilots flying less than five passengers per air tour. Data Required for Submission of Historical Records to the Pilot Records Database, 2. Moreover, if the termination were overturned but the disciplinary action was not, that is important information for an air carrier to consider in a future hiring decision. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Additionally, a PIC must pass an instrument proficiency check in accordance with § 125.291(a) and complete an approach procedure in accordance with § 125.291(b). corresponding official PDF file on govinfo.gov. (a) Except as provided in paragraph (b) of this section, information reported to the PRD in accordance with the provisions of this part is exempt from the disclosure requirements of 5 U.S.C. (c) The application required in paragraph (a) of this section must be submitted at least 7 days before the pilot seeks to access the PRD for any authorized purpose. The FAA expects that this number would be small. (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. (b) Any notification submitted to the FAA in accordance with paragraph (a)(1) of this section must include the following: (1) The full name of the pilot as it appears on his or her pilot certificate; (2) The pilot's FAA-issued certificate number; and. Therefore, the FAA is proposing in § 111.225 to require an employer to report disciplinary action records pertaining to an individual's performance as a pilot within 30 days after the action has been documented as final in the pilot's employment record. 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. 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). Not all of these media are easily transferrable to an electronic database. The FAA recognizes that an individual may acquire flight time various ways to be eligible for a position with a part 121 air carrier. Under the PRD Act, relevant disciplinary action records to be reported for inclusion in the PRD are those records of disciplinary actions, maintained by an employer, that pertain to pilot performance and have not been overturned. This is also true if the violation occurs while the pilot is acting in a safety-sensitive position while employed by an employer regulated by another operating administration of DOT. Exclusion of these records is directed by the PRD Act and other medical privacy laws. 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. Voluntarily provided information can be disclosed if “withholding it would not be consistent with the FAA's safety and security responsibilities.” 14 CFR 193.9. Those operators would have to verify themselves to the FAA prior to registering for the PRD. (ii) If any decision regarding release from employment is overturned after the information has been reported to the PRD, the air carrier or other operator must submit a request for correction in accordance with § 111.255 within 10 days after the decision to reinstate the pilot. During its review and evaluation, the hiring employer would be required to take the appropriate actions necessary to protect the privacy of the pilot and the confidentiality of the records. . The FAA recognizes that generally, in the employment context, employers and employees reach an agreement under which the employee resigns in lieu of termination. FAA Pilot Record Database NPRM should clarify prospective pilotsâ histories Higgins: âLong-awaitedâ rule for pilot records database posted for public comment Final step in Flight 3407 safety reforms to be implemented soon Congressman Brian Higgins on Friday the Federal Aviation Administration took âlong-awaitedâ action towardâ¦ PRIA and PRD was designed to make records available to the hiring air carrier which were historically difficult to obtain. from the chief driver licensing official of a [s]tate,” as provided in the PRD Act. (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. The air carrier would then have to seek FAA approval of a new RP through the process described in § 111.15(e). 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