Updated June 24, 2020
Regulatory Change
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. The comment period for this 200-page NPRM closes on June 29, 2020.
Regulatory Impact
The FAA’s PRD proposal would subject many business aviation operators to a substantial pilot-data reporting burden not previously applied to non-commercial operations. This proposed rule also amounts to a complete overhaul in the way commercial operators access information about a pilot before hiring and the way certificate holders will provide FAA historical and future records. It expands the types of operations required to give the FAA records documenting an individual’s compliance with FAA or employer required training, checking, testing, currency, proficiency, or other events related to pilot performance, including check pilot comments. Due to the extensive nature of the reporting requirements, the proposed rule has the potential to impose significant new burdens on Part 91 operators of all sizes.
Regulatory Concerns
Concerns for all operators:
Overly burdensome and inconsistent reporting requirements
Both the draft advisory circular and the NPRM contain language requiring operators to report a pilot’s aeronautical experience, flight time, and flight maneuvers performed to maintain privileges of their certificate. These burdensome reporting requirements could reasonably result in a need for certificate holders to log every flight hour, instrument approach, and landing in the pilot record database.
Language within the NPRM also contains many contradictory statements leaving operators unclear on the intent of the proposal and the actions required by the rule. Most notably, 111.220(b)(3) states no person may report records documenting aeronautical experience, yet 111.220(a)(2) requires air carriers to report records related to currency and proficiency.
Check pilot comments
The NPRM would require operators to include check pilot comments from training events in the pilot record database. Making check pilot or instructor comments available to future potential employers turns training events into a punitive exercise, as unflattering comments may cost pilots future job opportunities. This may also leave check pilots or their employers open to liability and diminish their appetite for providing constructive feedback resulting in a deficit to safety.
Concerns for Part 91:
Definition of Corporate Flight Department
For the first time, this NPRM would codify a definition of a “corporate flight department.” The definition crafted solely for compliance with record keeping requirements does nothing to enhance safety or assist with other elements of our industry. Specifically, the FAA proses the following definition:
a person that operates: (1) A fleet (two or more) of standard airworthiness airplanes, (2) that require a type rating under 14 CFR 61.31(a), and are operated in furtherance of, or incidental to, a business, pursuant to the general operating and flight rules of part 91 or airplanes being operated under a deviation authority issued under § 125.3.
New recordkeeping and reporting requirements
This NPRM results from Public Law 111-216 (Airline Safety and Federal Aviation Administration Extension Act of 2010), which indicates operators must report training and employment records already maintained by operators. The proposed rule would require Part 91 operators to undertake new record keeping and reporting burdens. Some operators already use sophisticated software systems for managing and tracking pilot training, checking, testing, currency, and proficiency. However, many operators use simple tracking systems that will require manually reporting these records to the FAA.
Training Record Fields for the PRD for Operators Employing Pilots (Part 91)
- Certificate number of the operator entering the record
- Name of the Operator/certificate number
- Pilot certificate number
- Pilot last name
- Date of underlying event
- Aircraft type
- Duty position: PIC/SIC
- Training program details (Table A-8)
- Results: Satisfactory/Complete or Unsatisfactory/Incomplete
- Comments: Check pilot comments
Training Program Data Requirements
From Draft Advisory Circular, Table A-8: Training Program Details
| Data Element | Regulation | Description |
|---|---|---|
| Flight Review | 61.56 | 24 calendar month flight review |
| Recent Flight Experience | 61.57 | Takeoff and landing currency |
| Proficiency Check | 61.58 | Pilot -in-command proficiency check: Operation of an aircraft that requires more than one pilot flight crewmember or is turbojet powered. |
| Recent Instrument Experience | 61.57 | Experience requirement prescribed in 61.57 |
| Instrument Proficiency Check | 61.57 | Pilot-in-command proficiency check: Operation of an aircraft that requires more than one pilot flight crewmember or is turbojet powered. |
| Initial Training – Ground | Corporate Flight | Initial training requirements to meet the initial qualifications of a pilot I Corporate Flight Operations. |
| Initial Training – Flight | Corporate Flight | Initial training requirements to meet the initial qualifications of a pilot in Corporate Flight Operations. |
| Recurrent Training – Ground | Corporate Flight | Continuing training requirements to meet the initial qualifications of a pilot in Corporate Flight Operations. |
| Recurrent Training – Flight | Corporate Fight | Continuing training requirements to meet the initial qualifications of a pilot in Corporate Flight Operations. |
| Other | Other | A pilot training or performance record kept in accordance with company policies or procedures |
Disciplinary Records
- A.1.1 A disciplinary record is created only for discipline or termination imposed by an operator or carrier involving the pilot’s performance that is related to the execution of aeronautical duties. Disciplinary action to be entered into the PRD must meet all of the following criteria: Action that: (1) was taken by an employer; (2) imposed an adverse penalty on the pilot, such as a suspension without pay; (3) directly involved the individual’s performance as a pilot, which means it has to do with the pilot’s performance of aeronautical duties; and (4) has not been subsequently overturned.
- A.1.2 Inappropriate or wrongful conduct in the workplace for which the employee is penalized by the employer but which does not involve the pilot’s aeronautical duties, is not considered “disciplinary action” and shall not be entered into the PRD.
PRD Data elements specific to disciplinary action would include:
- Pilot Certificate Number
- Pilot last name
- Date of Action
- Action Type: Warning Letter, Suspension, Termination
- Comments: Brief summary to exceed no more than 256 characters
Dates of Employment
All pilot hires and releases from employment will be recorded and include the following data:
- Pilot certificate number
- Pilot last. Name
- Date of action
- Action type: date of hire or date of separation
Aircraft Assignment History (for the pilot)
- Pilot certificate number
- Pilot last name
- Start date
- End date
- Aircraft type
- Duty position: PIC or SIC
Concerns for Part 91K, 125 and Part 135 operators:
The FAA will charge operators a $110 fee any time they pull records for a pilot candidate.
Historical records reporting
Part 125
The NPRM requires Part 125 operators to report historical records dating back to August 1, 2010. Operators will be required to upload employment, training, checking, testing, currency, proficiency, and disciplinary records for every pilot under their employment over the last ten years. Operators will be able to upload records in XML or manually.
Part 135
The NPRM requires Part 135 and 121 operators to report historical records dating back to August 1, 2005. Operators will be required to upload employment, training, checking, testing, currency, proficiency, and disciplinary records for every pilot under their employment over the last 15 years. Operators will be able to upload records in XML or manually.
Part 91K
The NPRM would subject fractional ownership operations conducted under Part 91 Subpart K to nearly identical reporting requirements for those proposed for operations conducted under FAR Part 135, including historic record reporting. For some fractional operations, this could represent a substantial burden with no safety benefit.
NBAA’s Perspectives
While the NPRM contains some potential efficiency improvements for the Part 125 and Part 135 communities, we believe that a substantial number of these proposals would burden the Part 91 and Subpart K communities far beyond the intent of Congress. For certificated operators currently required to comply with the Pilot Records Improvement Act (PRIA), the NPRM may streamline record reporting and requesting processes, expedite response times, and allow for more informed hiring decisions.
The NPRM would also require reporting more information than under PRIA by more segments of the aviation community, including corporate flight departments and 91.147 air tour operators. The proposal would require these constituencies to report not just training and checking events, but also any event that leads to proficiency or maintains currency, such as day or night landings, flight hours, and instrument approaches. This process will be burdensome and provide little information that enhances hiring decision making abilities.
Member Actions
NBAA encourages affected members to review the NPRM and submit comments to the public docket providing as much detail as possible about the impact of these proposed changes to their operations.
Read the NPRM on the regulations.gov website.
Use NBAA’s Grassroots Action Center to submit comments based upon NBAA’s template.
Submit your own comments through the regulations.gov website.
International Business Aviation Council Ltd.