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. 138. Primarily, the FAA notes that the ARC highlighted a crucial issue with the contents of historical records. Consistent with current practice under PRIA and in accordance with the PRD Act, the FAA proposes in 111.130 that if an individual seeking employment as a pilot with the air carrier refuses to provide written consent to obtain the subject's records or refuses to execute a release from liability, an air carrier may refuse to hire that individual as a pilot. 58. The FAA is further required to issue regulations to protect and secure the personal privacy of any individual whose records are accessed in the new electronic database; to protect and secure the confidentiality of those records; and, to prevent further dissemination of those records once accessed by an air carrier. Once the pilot has become an authorized user of the PRD, that pilot would be able to provide consent for a particular air carrier to retrieve that pilot's PRD record. 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. 49 U.S.C. Following the Colgan Air 3407 accident, the FAA issued a Call to Action on Airline Safety and Pilot Training, which began with a meeting on June 15, 2009 (including participants from the FAA, airlines and labor organizations), to specify concrete actions and to elicit voluntary commitments from industry. For consistency with the PRD reporting requirements, the FAA has determined that these operators would also be required to report records in accordance with the existing PRIA reporting process, during the transition to PRD, once PRD is effective. Each air carrier and other operator would report to the PRD all records required by this subpart for each individual employed as a pilot in the form and manner prescribed by the Administrator. Pilot Records Database Aviation Rulemaking Committee, c. Related Actions to the Pilot Records Database, A. (3) Proxies must provide assurances to the air carrier or other operator that the information obtained using such access will not be used for any purpose other than collecting the information for evaluation by the air carrier or other operator for purposes of making the hiring decision and will be subject to inspection upon request of the Administrator. Each action this proposed rule would require employers to enter after this time would be entered within 30 days of either the PRD hire date or the beginning of service. However, the PRD ID would be subject to cancellation if it did not have any responsible persons assigned to the account for a period of 24 months. 129. Besides this, she is doing well in the field of content writing. This proposed rule would result in enhanced aviation safety by assisting air carriers in making informed hiring and personnel management decisions using the most accurate and complete pilot records available and accessible electronically. (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. (1) PRD Hire Date. 44703(h) and (j). 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 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. 1. One-Time Burden of Electronic Reporting of Present and Future Records, Annual Cost of Electronic Reporting Present and Future Records. A final report, dated January 2010, Answering the Call to Action on Airline Safety and Pilot Training is available at: http://www.faa.gov/news/updates/?newsId=60224&print=go. The FAA recognizes that generally, in the employment context, employers and employees reach an agreement under which the employee resigns in lieu of termination. If the air carrier or operator initiated the separation with the pilot due to termination or professional disqualification, a brief summary of the final action would be required, but the selection of any other separation category field (i.e., resignation, physical (medical) disqualification, furlough, extended leave, or retirement) would not permit an explanation to be entered into the PRD. 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. During this uploading period, it will be impossible for a hiring aviation employer to know which records have been uploaded to the PRD and which are still only maintained by previous employers. California [117] 552(b)(3)(B). According to the Start Printed Page 17684drug and alcohol testing regulations in part 120, when a pilot has violated the drug and alcohol testing regulatory prohibitions related to on-duty, pre-duty or use following an accident, the employer is required to remove a pilot from the performance of safety-sensitive functions, and the employer must not return the pilot until the pilot has completed the return-to duty process. Because curricula vary, however, not every possible entry applies to each individual air carrier or operator. Part 125 operators are required to maintain records pursuant to 125.401 demonstrating compliance with the prescribed qualification and testing requirements in subpart I of part 125. When 91K fractional owners do not have an approved training program, they are not generally required to keep a record of pilot check rides, and would not be by this rule. 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. Use the PDF linked in the document sidebar for the official electronic format. A registration for PRD access from a fractional ownership program under part 91 subpart K would be required to designate the program manager as defined in 91.1001(b)(9), or another individual designated as being officially able to apply for and receive management specifications for the program manager to serve as the operator's RP. Historical record means a record generated by the Administrator, an air carrier, or other operator in response to a request from another air carrier or operator that must be maintained by the person that generated it in accordance with the Pilot Records Improvement Act, 49 U.S.C. Executive Director, Flight Standards Service. In addition, the records kept in accordance with 40.333(a)(1) relate to the professional competence of a pilot. [3] For example, options could distinct time periods such as30, 45, or 60 days or a specific date. The FAA would also not require an employer to report an oral warning to the database. (c) Any pilot who identifies an error or inaccuracy in his or her FAA data in the database must report the error or inaccuracy to the FAA in the form and manner acceptable to the Administrator consistent with the requirements of the Privacy Act. 40. You may not use our services or information contained within for an unlawful purposes (stalking, harassing, investigating public officials or celebrities, etc.). developer tools pages. If you want to have the right to fly legally without any restrictions, of course, you have to get an aviation license. Record pertaining to pilot performance means records of an activity or event specifically related to an individual's completion of the core duties and responsibilities of a pilot to maintain safe aircraft operations, as assigned by the employer and established by the FAA. Users representing air carriers and operators employing pilots that are required to report data into the PRD would be granted data entry permission, and PRD administrative users within the FAA would be granted permission to manage system-level issues, such as the pilot-consent expiration period. The PRD Act requires records maintained pursuant to 121.111(a) and 121.219(a) to be included in the database. (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. However, verifying an individual's current qualifications would not provide an air carrier or operator with sufficient information alone. In addition, the PRD Act requires air carriers and operators that employ pilots to report any other records pertaining to pilot performance that are maintained by the employer concerning any release from employment or resignation, termination or disqualification with respect to employment.[110]. [108] In 2009, the drug and alcohol provisions referenced in PRIA were recodified without substantive change, and these requirements may now be found in 14 CFR part 120. to the Administrator promptly for inclusion in the database. (c) Access to the database by authorized users and proxies may be subject to the valid access of the responsible person. (a) No air carrier or participating operator may permit an individual to begin service as a pilot, unless the person has evaluated all relevant information pertaining to that individual in the course of deciding whether to hire the individual to work as a pilot, including: (1) All information pertaining to the individual maintained in the PRD; (2) All information pertaining to the individual obtained from the chief driver licensing official of each state in accordance with 111.110, if required; and. This rulemaking is promulgated under the general authority described in 49 U.S.C. Record Retention and Removal Upon Death of a Pilot, V. User Fee for Accessing the PRD for Purposes of Evaluation, 1. [84] . The PRD Act builds on the PRIA mandate by placing an affirmative obligation on the air carrier to evaluate the records an air carrier requests and receives. The PRD application would contain sensitive information whose loss, misuse, or unauthorized access could drastically affect the privacy of application users or affect the conduct of Federal government programs. New Hampshire Select "Remote Pilot" under Certificates. The remaining persons affected by the proposed ruleentities conducting public aircraft operations, air tour operators, and corporate aviation operatorsare not required to comply with these historical record reporting requirements. FAA Airmen License Search - thekolemangroupscreen.com See 14 CFR, 121.683(a)(2), 125.401(a)(2), and 135.63(a)(4)(ix). The FAA uses an hourly wage rate for a grade 14 step 5 position of $80.56 to estimate costs.142. 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. 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. Those operators would have to verify themselves to the FAA prior to registering for the PRD. Additionally, allowing uploading disciplinary reports in lieu of standardized data entry introduces record-quality concerns, such as readability of document scans. Georgia If an individual was employed as a pilot by an air carrier after August 1, 2005, all of the pilot's records would have to be included in the PRD if the air carrier were still in operation at the time of PRD implementation. Therefore, the FAA determined that applying the proposed requirements to those aircraft operators whose operations are most similar to air carrier operations would ensure the most relevant data would be available to hiring air carriers when conducting pilot employment background checks and would limit any potential database security issues that may arise from maintaining a high volume of employment information. Under 91.1027(a)(3), each program manager is required to maintain an individual record of each pilot used in subpart K of part 91. The FAA is proposing to require a brief summary of the action to be reported to the PRD under certain circumstances of separation. This is the first year costsubsequent years do not include the cost of entering or setting up pilots in the database for the first time except for new pilots (that occur on an annual basis). 56 FR 55788. The PRD ARC believed that because the records in the PRD are to be maintained solely for the purpose of assisting an air carrier in making a hiring decision, the requirement to maintain enforcement actions should not impact the Start Printed Page 17674previously established record-retention and expunction policies regarding FAA enforcement records. Manual Entry Supplemental Cost for Historical Records. (4) FAA air carrier or operating certificate number and pilot certificate number, as applicable. Prior to this rulemaking, pilots obtained a large portion of their flight hours serving as SIC in part 121 operations. 44703(h), which have not been reported to the PRD pursuant to 111.265. As part of the approval, the FAA would check the list of fiduciaries maintained by the FAA inspector for that air carrier to further verify the correct person is requesting to be the responsible person. Each employer could opt to use either of the following acceptable methods: The first option is to transmit data electronically using an automated utility. The PRD Act specifically requires summaries of legal enforcement actions resulting in a finding by the Administrator that was not subsequently overturned. 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.
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