June 27, 2022

The FAA has granted certain NBAA members a limited exemption from the requirement to begin reporting pilot records created on or after June 10 to the Pilot Records Database (PRD) within 30 days of the effective date of the record.

Exemption No. 19176 applies to NBAA member companies conducting Part 135 operations that hold OpSpec A025 for electronic training records and members operating under Part 91(k) that hold MSpec MA025 for electronic training records. The FAA denied NBAA’s petition for relief for Part 125 operators.

Download FAA Exemption No. 19176 (PDF)

NBAA requested relief because the PRD Notice of Proposed Rulemaking (NPRM) forecasted that the FAA would provide two methods of data entry into the PRD: (1) an electronic transmission method using an automated utility and (2) a manual entry method for operators with fewer records or without the technology required to make an electronic transfer. The electronic transmission method is not expected to be ready until late 2022.

“Some NBAA member companies deal with high volumes of pilot records, and asking them to submit records manually is not only inefficient, but it also creates accuracy concerns,” said Jason Maddux, principal at Garofalo Goerlich Hainbach PC and vice chair of NBAA’s Regulatory Issues Advisory Group (RIAG). “Manually submitting large volumes of data introduces a human-error risk and defeats the purpose of the PRD, which is to improve safety by providing potential employers with accurate pilot records.”

The exemption is only from the reporting requirements outlined in 14 CFR § 11.215(a) and expires Jan. 10, 2023.

Qualifying entities must submit a Letter of Intent to the Federal eRulemaking Portal through the comment process, under Docket No. FAA-2022-0795. The letter of intent must state the certificate holder’s or operator’s intention to exercise the relief granted in the exemption and affirm the intention to comply with all of its conditions and limitations.

Records created June 10 through Jan. 10, 2023, must be reported to the Pilot Records Database by June 12, 2023.

“NBAA supports the overall philosophy behind the PRD, and we appreciate the FAA’s ongoing progress to develop PRD solutions,” said Brian Koester, CAM, NBAA’s director of flight operations and regulations. “However, for large operators, manual submission of these records is unreasonable and defeats the purpose of the database. We will continue to work closely with the FAA and operators to expeditiously implement the electronic transmission method once it becomes available.”

In the meantime, Part 135 operators and 91(K) program managers should continue maintaining records in accordance with their A025 or MA025 requirements.