changes are discussed further in Sections V.A.2 and V.E. Where
practical the FAA presents burden and costs over three years as
typically presented for estimates of burden and costs for collections
of information.\65\
---------------------------------------------------------------------------

    \65\ The FAA estimates the change in burden and cost for these
amendments over three years to align with the three-year approval
and renewal cycle for most information collections.
---------------------------------------------------------------------------

1. Subpart A General
i. Section 111.15 Application for Database Access
    Air carriers and other operators subject to the rule will submit
application for database access 90 days after the publication of the
rule. The

table below presents the number of users expected to apply for access
to the PRD, the estimated time it will take each user to register, the
hourly rate of the persons registering, and the estimated hour burden
for all users to register.

                                                  Table 6--Burden for Application for Database Access *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average      Average
             Users expected to apply/register                 Respondents   Hourly rate    Time to    Total costs  Total hours   costs per    hours per
                                                                                register                                year *       year *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Responsible persons.......................................           5,033       $91.33         0.50     $229,832        2,517      $76,611          839
Pilots....................................................         175,860        46.28         0.33    2,685,804       58,034      268,580        5,803
Authorized Individuals....................................          10,066        91.33         0.50      459,664        5,033      153,221        1,678
Proxies...................................................           1,904        91.33         0.50       86,946          952       28,982          317
                                                           ---------------------------------------------------------------------------------------------
    Total.................................................         192,863  ...........  ...........   3, 462,246       66,536      527,394        8,637
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Table Notes: See the Regulatory Impact Analysis available in the docket for details on the hourly rates and costs. Average costs and hours are three-
  year averages.

2. Subpart B--Accessing and Evaluating Records
i. Section 111.240 Verification of Motor Vehicle Driving Records
    Air carriers and participating operators must be able to provide
supporting documentation to the Administrator upon request that a
search of the NDR was conducted, and that documentation must be kept
for five years. The FAA considers this burden de minimis.
3. Subpart C--Reporting of Records by Air Carriers and Operators
    Each operator will 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.
    Subpart C of part 111 requires all part 119 certificate holders,
fractional ownership operators, persons authorized to conduct air tour
operations in accordance with 14 CFR 91.147, persons operating a
corporate flight department, entities conducting public aircraft
operations, and trustees in bankruptcy to enter relevant data on
individuals employed as pilots into the PRD. Relevant data includes:
Training, qualification and proficiency records; final disciplinary
action records; records concerning separation of employment; drug and
alcohol testing records; and verification of motor vehicle driving
record search and evaluation.
    Under the Pilot Records Improvement Act (PRIA), operators are
required to provide these records to another operator upon request;
therefore, this rule will not require collection of new
information.\66\ This action contains amendments to the existing
information collection requirements previously approved under OMB
Control Number 2120-0607. Under this existing information collection,
which is associated with PRIA and PRD, operators are currently required
to maintain certain records in accordance with regulatory requirements
and to maintain records that would be subject to PRIA in order to
respond to PRIA requests. Under this action, industry would be required
to report to the PRD those records that they are already required to
collect. Therefore, the FAA has determined that this action amends the
existing information collection only so far as to require submission of
information to request access to the database and electronic or manual
submission of the records already collected by industry. We estimate
that burden here.
---------------------------------------------------------------------------

    \66\ 49 U.S.C. 44703(h).
---------------------------------------------------------------------------

    The rule requires that one year after publication new records be
reported to the PRD. New records are all records generated as of that
date.
    As previously discussed, there are two methods for reporting data
to the PRD. The first method is to transmit data electronically using
an automated utility such as XML, so it can be read by both the user
and the PRD. The second method is manual data entry using the same pre-
established data field forms for each record type. The FAA estimated
how many operators will likely report data directly from their own
electronic databases. The FAA also estimated how many operators will
likely enter data manually to the PRD. The following discussion
summarizes the estimates of the burden and the cost of reporting
records to the PRD.
i. Present and Future Record Reporting
    Air carriers and operators will incur a burden to transfer pilot
records electronically from their databases to the PRD. The burden
includes the time required for operators to develop an encoding program
to transfer records from their electronic databases via an automated
utility to appropriate fields within the PRD.
    The following table presents the number of respondents (operators),
estimated hours, hourly rate, and the cost of electronic reporting, for
electronic reporting of present and future records, both one-time
burden and annual updating burden.

                                              Table 7--Electronic Reporting of Present and Future Records *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Initial
                                                                                Initial    Annual cost   hours  for
                       Operator type                          Respondents    Hours per   Hourly rate   cost  for        for      electronic     Annual
                                                                             respondent                electronic   electronic   reporting/     hours
                                                                                reporting    reporting       year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small 121.................................................              51           20         $120     $122,400      $76,500          340        1,020
Mid-size 121..............................................              13           35           75       34,125       19,500          152          260
Large 121.................................................               4          400           89      142,400        6,000          533           80
                                                           ---------------------------------------------------------------------------------------------
    Total 121.............................................              68          455  ...........      298,925      102,000        1,025        1,360
                                                           ---------------------------------------------------------------------------------------------
Small 135.................................................             234           20          120      561,600      351,000        1,560        4,680
Mid-size 135..............................................               2           35           75        5,250        3,000           23           40
                                                           ---------------------------------------------------------------------------------------------

    Total 135.............................................             236           55  ...........      566,850      354,000        1,583        4,720
                                                           ---------------------------------------------------------------------------------------------
Small 125.................................................              18           20          120       43,200       27,000          120          360
                                                           ---------------------------------------------------------------------------------------------
    1Total 125............................................              18           20  ...........       43,200       27,000          120          360
                                                           ---------------------------------------------------------------------------------------------
Part 91K..................................................               4        1,897           95      720,800        6,000        2,529           80
                                                           ---------------------------------------------------------------------------------------------
    Total 91K.............................................               4        1,897  ...........      720,800        6,000        2,529           80
                                                           ---------------------------------------------------------------------------------------------
        Total.............................................             326        2,427  ...........    1,629,775      489,000        5,258        6,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Table Notes: See the Regulatory Impact Analysis available in the docket for more details. Estimates may not total due to rounding.

    The following table summarizes the burden and costs for operators
to enter present and future pilot records to the PRD manually.

                               Table 8--Manual Entry of Present and Future Records
----------------------------------------------------------------------------------------------------------------
                       Type of operations                              Hours           Cost         Respondents
----------------------------------------------------------------------------------------------------------------
Part 121........................................................             141         $12,269               8
Part 135........................................................           6,993         609,006           1,817
Part 125........................................................             192          16,654              52
Air Tours.......................................................              16           1,464           1,091
Part 91K........................................................             214          18,552               3
PAO.............................................................              21           1,831             323
Corporate Flight Department.....................................             106           9,265           1,413
                                                                 -----------------------------------------------
    Total.......................................................           7,683         669,041           4,707
                                                                 -----------------------------------------------
    Average.....................................................           2,561         223,014           1,569
----------------------------------------------------------------------------------------------------------------

ii. Historical Record Reporting
    The rule requires that historical records will be reported to the
PRD beginning one year after publication of the final rule. Parts 121
and 135 air carriers will report historical records they have
maintained back to August 1, 2005 through that date. Parts 125 and 135
operators and 91K fractional ownerships will report historical records
they have maintained back to August 1, 2010 through one year after
publication of the final rule. Those operators with approved electronic
databases will transfer data electronically. The table below summarizes
the number of respondents, burden hours, and the one-time cost of
electronic reporting.

                          Table 9--Burden of Electronic Reporting Historical Records *
----------------------------------------------------------------------------------------------------------------
                                                                                Electronic      Electronic
    Type of operations/ size        Respondents       Hours/        Hourly rate      reporting       reporting
            groupings                               Respondent                         costs           hours
----------------------------------------------------------------------------------------------------------------
Small 121.......................              51              20            $120        $122,400           1,020
Mid-size 121....................              13           2,333              75       2,275,000          30,333
Large 121.......................               4           6,774              89       2,411,500          32,154
                                 -------------------------------------------------------------------------------
    Total part 121 (1)..........              68           9,127  ..............       4,808,900          63,507
                                 -------------------------------------------------------------------------------
Small 135.......................             226              20            $120         542,400           4,521
Mid-size 135....................               2              70              75          10,500             141
                                 -------------------------------------------------------------------------------
    Total part 135..............             228              90  ..............        $552,900           4,599
                                 -------------------------------------------------------------------------------
Small part 125..................              18              20            $120          43,200             360
                                 -------------------------------------------------------------------------------
    Total part 125..............              18              20  ..............         $43,200             360
Part 91K........................               4             385             $95         146,200           1,539
                                 -------------------------------------------------------------------------------
    Total Part 91K..............               4             385  ..............        $146,200           1,539
                                 -------------------------------------------------------------------------------
    Total Burden................             318           9,622  ..............      $5,551,200          70,068
----------------------------------------------------------------------------------------------------------------
* Table Notes: (1) Includes carriers certificated under both parts 121 and part 135. Estimates may not total due
  to rounding.

    The following table summarizes the burden and costs for operators
to manually enter historical records to the PRD.

                                  Table 10--Manual Entry of Historical Records
----------------------------------------------------------------------------------------------------------------
                       Type of operations                           Respondents     Total hours     Total cost
----------------------------------------------------------------------------------------------------------------
Part 121........................................................              18       1,439,468     $71,025,356
Part 125........................................................              33             853          80,370
Part 135........................................................           1,912          95,354       9,162,087
Part 91K........................................................               5           5,748         544,279
                                                                 -----------------------------------------------
    Total.......................................................           1,968       1,541,423      80,812,091
----------------------------------------------------------------------------------------------------------------

iii. Reporting Pilot Employment History
    In addition to operators reporting pilot records, pilots will be
required to enter five years of employment history at the time they
give their consent for an air carrier to review their records. The PRD
will provide the pilot an electronic form including a pull down menu
allowing access to air carriers, which should make it efficient for a
pilot to complete the employment history form. If the former employer
is on the list, the data prefills from FAA data. In the case that a
former employer is not available through the menu, the pilot can add
the name of the employer and fill in the data. The FAA estimates it
will take a pilot an average of 2 minutes to complete their employment
history. The following table shows total costs for pilots to enter
their employment history.

                        Table 11--Burden and Cost for Reporting Pilot Employment History
----------------------------------------------------------------------------------------------------------------
                                                                                Time to         Cost to
                                                                                complete        complete
                        Number of pilots                            Hourly rate     employment      employment
                                                                                history         history
----------------------------------------------------------------------------------------------------------------
175,860.........................................................          $46.28          2 mins        $271,293
----------------------------------------------------------------------------------------------------------------

iv. Request for Deviation
    Operators may request a deviation from the historical records
reporting based on a determination that a delay in compliance, due to
circumstances beyond control of the entity reporting historical
records, would not adversely affect safety. While the deviation is in
effect, the reporting operator would report records upon request under
PRIA. The FAA does not envision that it would grant deviation authority
past the sunset date of PRIA, but if that situation were to occur, the
FAA expects that an operator would still be required to report
individual pilot records upon request manually to the PRD during the
term of the delay in uploading those records electronically.
    The FAA estimates that one percent of part 121 and part 135
operators may request such a deviation in years 2 and 3 after the
publication of the final rule.

                                          Table 12--Deviation Requests
----------------------------------------------------------------------------------------------------------------
          Operator type             Respondents        Hours        Hourly rate     Total hours     Total cost
----------------------------------------------------------------------------------------------------------------
Part 121........................            0.76               2          $87.04            1.52            $132
Part 135........................           20.53               2           87.04           41.06           3,574
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............           42.58           3,706
----------------------------------------------------------------------------------------------------------------

    The following table summarizes the total reporting burden and costs
for the first three years after the publication date of the rule.

                                                         Table 13--Burden for First Three Years
                                                          [After the publication of the rule] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Year 1                 Year 2                 Year 3                   Total
                 Section                     Respondents  ----------------------------------------------------------------------------------------------
                                                hours        Hours       Cost       Hours       Cost       Hours       Cost        Hours         Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   111.15 Annual Registration burden.          69,761    14,305   $1,045,051     5,803     $268,563     5,803     $268,563       25,911   $1,582,177
Sec.   111.205(a) Reporting Present and
 Future Records:
Electronic Reporting:
    Initial costs........................             326  ........  ...........    15,773    1,629,775  ........  ...........       15,773    1,629,775
    Annual costs.........................             326  ........  ...........     6,520      489,000     6,520      489,000       13,040      978,000
Manual Data Entry:
    Annual costs.........................           4,707  ........  ...........     3,775      328,789     3,798      330,787        7,573      659,776
Sec.   111.255 Historical Record
 Reporting:
Electronic Reporting.....................             318  ........  ...........    23,356    5,551,200  ........  ...........       23,356    5,551,200
Manual Data Entry........................           1,968  ........  ...........   770,712   40,406,046   770,712   40,406,046    1,541,424   80,812,092

Sec.   111.310 Written consent                     17,586  ........  ...........     5,862       27,129     5,862       27,129       11,724       54,259
 (Employment History)....................
Sec.   111.255 Deviation request.........           2,129  ........  ...........        43        3,706        43        3,706           85        7,412
                                          --------------------------------------------------------------------------------------------------------------
    Total................................          97,121    14,305    1,045,051   831,843   48,704,408   792,738   41,525,231    1,638,886   91,274,691
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Estimates may not total due to rounding.

4. Effects of Reduced Burden From the Discontinuation of the Pilot
Records Improvement Act
    The PRIA will be discontinued three years and 90 days after the
effective date of the proposed Pilot Records Database. Once PRIA is
discontinued there will be cost savings, which are captured in the
analysis associated with this final rule. The following table provides
a three year analysis of net burden and cost savings for the amended
collection of information once PRIA is discontinued.

                                    Table 14--Reduced Burden From Discontinuation of Pilot Records Improvement Act *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Year 4                 Year 5                 Year 6                   Total
                 Section                    Respondents  -----------------------------------------------------------------------------------------------
                                                            Hours       Cost       Hours       Cost       Hours       Cost        Hours         Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   111.15 Annual Registration burden          52,758     5,803     $268,563     5,803     $268,563     5,803     $268,563       17,409      $805,689
Sec.   111.205 Reporting Present and
 Future Records:
Electronic Data Transfer................             326     6,520      489,000     6,520      489,000     6,520      489,000       19,560     1,467,000
Manual Data Entry.......................           4,707     3,881      337,996     3,894      339,100     3,904      340,097       11,679     1,017,193
Sec.   111.310 Written Consent                    17,586       586       27,129       586       27,129       586       27,129        1,759        81,388
 (Employment History)...................
                                         ---------------------------------------------------------------------------------------------------------------
    Total Cost..........................  ..............    16,790    1,122,688    16,803    1,123,792    16,813    1,124,789       50,407     3,371,270
Sec.   111.5 Discontinuation of PRIA--           101,999    31,831    4,813,969    31,831    4,813,969    31,831    4,813,969       95,493    14,441,908
 Total Savings..........................
                                         ---------------------------------------------------------------------------------------------------------------
    Net Total Savings...................  ..............  (15,041)  (3,691,281)  (15,028)  (3,690,177)  (15,018)  (3,689,180)     (45,087)  (11,070,638)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Estimates may not total due to rounding.

    Individuals and organizations may send comments on the information
collection requirement to the Office of Management and Budget, Office
of Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street NW, Washington, DC
20053 by July 12, 2021.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined no ICAO Standards and Recommended Practices correspond to
these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f and involves no extraordinary
circumstances.

H. Privacy Analysis

    The FAA conducted a privacy impact assessment (PIA) in accordance
with section 208 of the E-Government Act of 2002, Public Law 107-347,
116 Stat. 2889. The FAA examined the effect the final rule may have on
collecting, storing, and disseminating personally identifiable
information (PII) for use by operators subject to this final rule in
making hiring decisions. A copy of the PIA will be included in the
docket for this rulemaking and will be available at http://www.transportation.gov/privacy.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. The Agency determined that this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, does not have federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609 promotes international regulatory cooperation
to meet shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and has determined this

action would have no effect on international regulatory cooperation.

VIII. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

14 CFR Part 91

    Air taxis, Aircraft, Airmen, Aviation safety, Charter flights,
Public aircraft, Reporting and recordkeeping requirements.

14 CFR Part 111

    Administrative practice and procedure, Air carriers, Air taxis,
Aircraft, Airmen, Air operators, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Public aircraft, Reporting and
recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:

PART 11--GENERAL RULEMAKING PROCEDURES

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40109, 40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C.
50901-50923.

0
2. Effective August 9, 2021, amend Sec.  11.201 in the table in
paragraph (b) by revising the entry for ``Part 111'' to read as
follows:

Sec.  11.201   Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
     14 CFR part or section identified and described        control No.
------------------------------------------------------------------------

                                * * * * *
Part 111................................................       2120-0607

                                * * * * *
------------------------------------------------------------------------

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
3. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190,130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

Sec.  91.1051   [Removed]

0
4. Effective September 9, 2024, Sec.  91.1051 is removed.

0
5. Effective September 8, 2021, add part 111 to subchapter G to read as
follows:

PART 111--PILOT RECORDS DATABASE

Subpart A--General
Sec.
111.1 Applicability.
111.5 Compliance date.
111.10 Definitions.
111.15 Application for database access.
111.20 Database access.
111.25 Denial of access.
111.30 Prohibited access and use.
111.35 Fraud and falsification.
111.40 Record Retention.
Subpart B--Access to and Evaluation of Records
111.100 Applicability.
111.105 Evaluation of pilot records.
111.110 Motor vehicle driving record request.
111.115 Good faith exception.
111.120 Pilot consent and right of review.
111.135 FAA records.
Subpart C--Reporting of Records
111.200 Applicability.
111.205 Reporting requirements.
111.210 Format for reporting information.
111.215 Method of reporting.
111.220 Drug and alcohol testing records.
111.225 Training, qualification, and proficiency records.
111.230 Final disciplinary action records.
111.235 Final separation from employment records.
111.240 Verification of motor vehicle driving record search and
evaluation.
111.245 Special rules for protected records.
111.250 Correction of reported information and dispute resolution.
111.255 Reporting historical records to PRD.
Subpart D--Pilot Access and Responsibilities
111.300 Applicability.
111.305 Application for database access.
111.310 Written consent.
111.315 Pilot right of review.
111.320 Reporting errors and requesting corrections.

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40113, 44701,
44703, 44711, 46105, 46301.

Subpart A--General

Sec.  111.1   Applicability.

    (a) This part prescribes rules governing the use of the Pilot
Records Database (PRD).
    (b) Except as provided in subsection (c) of this section, this part
applies to:
    (1) Each operator 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 operator that holds management specifications for a
fractional ownership program issued in accordance with subpart K of
part 91 of this chapter.
    (3) Each operator that holds a letter of authorization issued in
accordance with Sec.  91.147 of this chapter.
    (4) Each operator that operates two or more aircraft described in
paragraph

(b)(4)(i) or (ii) of this section, in furtherance of or incidental to a
business, solely pursuant to the general operating and flight rules in
part 91 of this chapter, or that operates aircraft pursuant to a Letter
of Deviation Authority issued under Sec.  125.3 of this chapter.
    (i) Standard airworthiness airplanes that require a type rating
under Sec.  61.31(a) of this chapter.
    (ii) Turbine-powered rotorcraft.
    (5) Each entity that conducts public aircraft operations as defined
in 49 U.S.C. 40102(a)(41) on a flight that meets the qualification
criteria for public aircraft status in 49 U.S.C. 40125, unless the
entity is any branch of the United States Armed Forces, National Guard,
or reserve component of the Armed Forces.
    (6) Each trustee in bankruptcy of any operator or entity described
in this paragraph, subject to the following criteria:
    (i) If any operator subject to the requirements of this subpart
files a petition for protection under the Federal bankruptcy laws, the
trustee appointed by the bankruptcy court must comply with the
requirements of subparts A and C of this part.
    (ii) The operator may delegate its authority to the trustee
appointed by the bankruptcy court to access the PRD on its behalf in
accordance with Sec.  111.20 or the trustee may submit an application
to the FAA requesting access to the PRD consistent with the
requirements of Sec.  111.15.
    (7) Each person that submits or is identified on the application
described in Sec.  111.15 and is approved by the Administrator to
access the PRD.
    (8) Each person who is employed as a pilot by, or is seeking
employment as a pilot with, an operator subject to the applicability of
this part.
    (c) This part does not apply to foreign air carriers or operators
subject to part 375 of this title.

Sec.  111.5  Compliance date.

    (a) Compliance with this part is required by September 9, 2024,
except as provided in Sec. Sec.  111.15, 111.100, 111.200, and 111.255.
    (b) Beginning on September 9, 2024, the Pilot Records Improvement
Act (PRIA) ceases to be effective and will not be an available
alternative to PRD for operators, entities, or trustees to which this
subpart applies.

Sec.  111.10  Definitions.

    For purposes of this part, the term--
    Authorized user means an individual who is employed by an operator,
entity, or trustee and who is designated by a responsible person to
access the PRD on behalf of the employer for purposes of reporting and
evaluating records that pertain to an individual pilot applicant.
    Begin service as a pilot means the earliest date on which a pilot
serves as a pilot flight crewmember or is assigned duties as a pilot in
flight for an operator or entity that is subject to the applicability
of this part.
    Final disciplinary action record means a last-in-time record of
corrective or punitive action taken by an operator or entity who is
subject to the applicability of this part in response to an event
pertaining to pilot performance. No disciplinary action is considered
final until the operator determines the action is not subject to any
pending dispute.
    Final separation from employment record means a last-in-time record
of any action ending the employment relationship between a pilot and an
operator or entity who is subject to the applicability of this part. No
separation from employment is considered final until the operator
determines the separation is not subject to any pending dispute.
    Historical record means a record that an operator subject to the
applicability of Subpart C of this part must generate and maintain in
accordance with 49 U.S.C. 44703(h)(4) and must report to the PRD in
accordance with 49 U.S.C. 44703(i)(15)(C)(iii).
    PRD Date of Hire means:
    (1) The earliest date on which an individual:
    (i) Begins any form of required training in preparation for the
individual's service as a pilot on behalf of an operator or entity
subject to the applicability of this part; or
    (ii) Performs any duty as a pilot for an operator or entity subject
to the applicability of this part.
    (2) This definition includes both direct employment and employment
that occurs on a contract basis for any form of compensation.
    Proxy means a person who is designated by a responsible person to
access the PRD on behalf of an operator, entity, or trustee subject to
the applicability of this part for purposes of reporting or retrieving
records.
    Record pertaining to pilot performance means a record of an
activity or event directly related to a pilot's responsibilities or
completion of the core duties in conducting safe aircraft operations,
as assigned by the operator employing the pilot.
    Reporting entity means an operator, entity, or trustee that is
subject to the applicability of subpart C of part 111, including its
responsible person, authorized users, and proxies.
    Responsible person means the individual identified on the
application required by Sec.  111.15 and who meets at least one of the
criteria in Sec.  111.15(e).
    Reviewing entity means operator that is subject to the
applicability of subpart B of part 111, including its responsible
person, authorized users, and proxies.

Sec.  111.15  Application for database access.

    (a) Each operator, entity, or trustee to which this part applies
must submit an application for access to the PRD in the form and manner
prescribed by the Administrator by September 8, 2021.
    (b)(1) Each operator or entity to which this part applies that
plans to initiate operations after September 8, 2021, must submit the
application required by this section to the FAA at least 30 days before
the operator or entity initiates aircraft operations.
    (2) Within 30 days of appointment by a bankruptcy court as
described in Sec.  111.1(b)(6)(i), a trustee must submit the
application required by this section or receive delegation of access
from the applicable operator or entity.
    (c) The application required by this section must contain the
following information:
    (1) The full name, job title, telephone number, and electronic mail
address of the responsible person who is authorized to submit the
application in accordance with paragraph (d) of this section;
    (2) The name of the operator, entity, or trustee;
    (3) The FAA air carrier or operating certificate number, as
applicable; and
    (4) Any other item the Administrator determines is necessary to
verify the identity of all individuals designated by an operator,
entity, or trustee to access the PRD.
    (d) The application required by this section must be submitted by a
responsible person who holds at least one of the following positions,
unless otherwise approved by the Administrator:
    (1) For each operator that holds an air carrier or operating
certificate issued in accordance with part 119 for operations under
part 121, a person serving in a management position required by Sec.
119.65(a) of this chapter.
    (2) For each operator that holds an operating certificate issued in
accordance with part 119 for operations under part 125, a person
serving in a management position required by Sec.  125.25(a) of this
chapter.
    (3) For each operator that holds an operating certificate issued in
accordance with part 119 for operations

under part 135 using more than one pilot in its operations, a person
serving in a management position required by Sec.  119.69(a) of this
chapter.
    (4) For each operator that holds an operating certificate issued in
accordance with part 119 for operations under part 135 authorized to
use only one pilot in its operations, the pilot named in that
certificate holder's operation specifications.
    (5) For each operator that holds a letter of authorization issued
in accordance with Sec.  91.147 of this chapter, an individual
designated as the responsible person on the operator's letter of
authorization.
    (6) For each operator that holds management specifications for a
fractional ownership program issued in accordance with subpart K of
part 91 of this chapter, an authorized individual designated by the
fractional ownership program manager, as defined in Sec.  91.1001(b) of
this chapter, who is employed by the fractional ownership program and
whose identity the Administrator has verified.
    (7) For any other operator or entity subject to the applicability
of this part, or any trustee appointed in a bankruptcy proceeding, an
individual authorized to sign and submit the application required by
this section who is employed by the operator and whose identity the
Administrator has verified.
    (e) Each operator, entity, or trustee must submit to the FAA--
    (1) An amended application for database access no later than 30
days after any change to the information included on the initial
application for database access occurs, except when the change pertains
to the identification or designation of the responsible person.
    (2) An amended application identifying another responsible person
eligible for database access in accordance with this section,
immediately when the operator, entity, or trustee is aware of
information that would cause the current responsible person's database
access to be cancelled or denied.
    (f) Upon approval by the FAA of a request for access to the PRD,
each person identified in paragraph (e) is authorized to:
    (1) Access the database for purposes consistent with the provisions
of this part, on behalf of the operator, entity, or trustee for which
the person is authorized, for purposes consistent with the provisions
of this part; and
    (2) Delegate PRD access to authorized users and proxies in
accordance with Sec.  111.20.

Sec.  111.20  Database access.

    (a) Delegation. The responsible person may delegate PRD access to
authorized users or proxies for purposes of compliance by the operator,
entity, or trustee with the requirements of subpart B or C of this
part.
    (b) Terms for access. No person may use the PRD for any purpose
other than to inform a hiring decision concerning a pilot or to report
information on behalf of the operator, entity, or trustee.
    (c) Continuing access for authorized users and proxies. PRD access
by authorized users and proxies is contingent on the continued validity
of the responsible person's electronic access. If a responsible
person's electronic access is cancelled, the database access of
authorized users and proxies will be cancelled unless the operator,
entity, or trustee submits an amended application for database access
and receives FAA approval of that application in accordance with Sec.
111.15.

Sec.  111.25   Denial of access.

    (a) The Administrator may deny PRD access to any person for failure
to comply with any of the duties or responsibilities prescribed by this
part or as necessary to preserve the security and integrity of the
database, which includes but is not limited to--
    (1) Making a fraudulent or intentionally false report of
information to the database; or
    (2) Misusing or misappropriating user rights or protected
information in the database.
    (b) The Administrator may deny any operator or entity access to the
PRD if the Administrator revokes or suspends the operating certificate
or other authorization to operate.
    (c) Any person whose access to the database has been denied by the
Administrator may submit a request for reconsideration of the denial in
a form and manner the Administrator provides. Database access will not
be permitted pending reconsideration.

Sec.  111.30   Prohibited access and use.

    (a) No person may access the database for any purpose other than
the purposes provided by this part.
    (b) No person may share, distribute, publish, or otherwise release
any record accessed in the database to any person or individual not
directly involved in the hiring decision, unless specifically
authorized by law or unless the person sharing or consenting to share
the record is the subject of the record.
    (c) Each person that accesses the PRD to retrieve a pilot's records
must protect the confidentiality of those records and the privacy of
the pilot as to those records.

Sec.  111.35   Fraud and falsification.

    No person may make, or cause to be made, a fraudulent or
intentionally false statement, or conceal or cause to be concealed a
material fact, in--
    (a) Any application or any amendment to an application submitted in
accordance with the requirements of this part;
    (b) Any other record reported to the PRD in accordance with the
requirements of this part; or
    (c) Any record or report that is kept, made, or used to show
compliance with this part.

Sec.  111.40   Record retention.

    (a) The Administrator will maintain a pilot's records in the PRD
for the life of the pilot. Any person requesting removal of the records
pertaining to an individual pilot must notify the FAA of the pilot's
death in a form and manner acceptable to the Administrator.
    (b) The notification 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
    (3) A certified copy of the individual's certificate of death.

Subpart B--Access to and Evaluation of Records

Sec.  111.100   Applicability.

    (a) This subpart prescribes requirements for the following
reviewing entities:
    (1) Each operator that holds an air carrier or operating
certificate issued by the Administrator in accordance with part 119 of
this chapter and is authorized to conduct operations under part 121,
part 125, or part 135 of this chapter.
    (2) Each operator that holds management specifications to operate
in accordance with subpart K of part 91 of this chapter.
    (3) Each operator that holds a letter of authorization to conduct
air tour operations in accordance with Sec.  91.147 of this chapter.
    (b) Compliance with this subpart is required beginning June 10,
2022, except compliance with Sec.  111.105(b)(1) is required beginning
December 7, 2021.
    (c) If an operator described in Sec.  111.1(b)(4) or an entity
described in Sec.  111.1(b)(5) accesses the PRD to review records in
accordance with this subpart, the operator or entity must comply with
Sec.  111.120.

Sec.  111.105   Evaluation of pilot records.

    (a) Except as provided in Sec.  111.115, no reviewing entity may
permit an individual to begin service as a pilot until the reviewing
entity has evaluated all relevant information in the PRD.
    (b) Evaluation must include review of all of the following
information pertaining to that pilot:
    (1) All FAA records in the PRD as described in Sec.  111.135.
    (2) All records in the PRD submitted by a reporting entity.
    (3) All motor vehicle driving records obtained in accordance with
Sec.  111.110.
    (4) The employment history the pilot provides to the PRD in
accordance with subpart D of this part. If, upon review of the
employment history provided by the pilot and the records described in
(b)(2) of this section, a reviewing entity determines that records
might be available that the pilot's previous employer has not yet
uploaded in the database, the reviewing entity must submit a request to
the pilot's previous employer(s) through the PRD to report any
applicable records in accordance with the process in Sec.  111.215(b).

Sec.  111.110   Motor vehicle driving record request.

    (a) Except as provided in paragraph (d) of this section, no
reviewing entity may permit an individual to begin service as a pilot
unless the reviewing entity has requested and evaluated all relevant
information identified through a National Driver Register (NDR) search
set forth in chapter 303 of Title 49 concerning the individual's motor
vehicle driving history in accordance with the following:
    (1) The reviewing entity must obtain the written consent of that
individual, in accordance with Sec.  111.310, before requesting an NDR
search for the individual's State motor vehicle driving records;
    (2) After obtaining the written consent of the individual, the
reviewing entity must submit a request to the NDR to determine whether
any State maintains relevant records pertaining to that individual; and
    (3) When the NDR search result is returned, if the NDR search
result indicates that records exist concerning that individual, the
reviewing entity must submit a request for the relevant motor vehicle
driving records to each chief driver licensing official of each State
identified in the NDR search result.
    (b) Each reviewing entity must document in the PRD that the
reviewing entity complied with this section, as prescribed at Sec.
111.240.
    (c) Upon the Administrator's request, each reviewing entity must
provide documentation showing the reviewing entity has conducted the
search required by paragraph (a). The reviewing entity must retain this
documentation for five years.
    (d) This section does not apply to operators described in Sec.
111.100(a)(2) through (3).

Sec.  111.115   Good faith exception.

    Reviewing entities may allow an individual to begin service as a
pilot without first evaluating records in accordance with Sec.  111.105
only if the reviewing entity--
    (a) Made a documented, good faith attempt to access all necessary
information maintained in the PRD that the reviewing entity is required
to evaluate; and
    (b) Received notice from the Administrator that information is
missing from the PRD pertaining to the individual's employment history
as a pilot.

Sec.  111.120   Pilot consent and right of review.

    (a) No reviewing entity may retrieve records in the PRD pertaining
to any pilot prior to receiving that pilot's written consent
authorizing the release of that pilot's information maintained in the
PRD.
    (b) The consent required in paragraph (a) of this section must be
documented by that pilot in accordance with Sec.  111.310.
    (c) Any pilot who submits written consent to a reviewing entity in
accordance with Sec.  111.310(c) may request a copy of any State motor
vehicle driving records the reviewing entity obtained regarding that
pilot in accordance with Sec.  111.110. The reviewing entity must
provide to the pilot all copies of State motor vehicle driving records
obtained within 30 days of receiving the request from that pilot.

Sec.  111.135   FAA records.

    No reviewing entity may permit an individual to begin service as a
pilot unless a responsible person or authorized user has accessed and
evaluated all relevant FAA records for that individual in the PRD,
including:
    (a) Records related to current pilot and medical certificate
information, including associated type ratings and information on any
limitations to those certificates and ratings.
    (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 this chapter.
    (c) Records related to enforcement actions resulting in a finding
by the Administrator, which was not subsequently overturned, of a
violation of title 49 of the United States Code or a regulation
prescribed or order issued under that title.
    (d) Records related to an individual acting as pilot in command or
second in command during an aviation accident or incident.
    (e) Records related to an individual's pre-employment drug and
alcohol testing history and other U.S. Department of Transportation
drug and alcohol testing including:
    (1) Verified positive drug test results;
    (2) Alcohol misuse violations, including confirmed alcohol results
of 0.04 or greater; and
    (3) Refusals to submit to drug or alcohol testing.

Subpart C--Reporting of Records by Air Carriers and Operators

Sec.  111.200   Applicability.

    (a) This subpart prescribes the requirements for reporting records
to the PRD about individuals employed as pilots and applies to the
following reporting entities:
    (1) Each operator 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 operator that holds management specifications to operate
in accordance with subpart K of part 91 of this chapter.
    (3) Each operator that holds a letter of authorization to conduct
air tour operations in accordance with Sec.  91.147 of this chapter.
    (4) Each operator described in Sec.  111.1(b)(4).
    (5) Each entity that conducts public aircraft operations as
described in Sec.  111.1(b)(5).
    (6) The trustee in bankruptcy of any operator described in this
section.
    (b) Compliance dates for this subpart are as follows:
    (1) For a reporting entity already conducting operations on June
10, 2022, compliance with this subpart is required beginning June 10,
2022.
    (2) For a reporting entity that initiates operations after June 10,
2022, compliance with this subpart is required within 30 days of the
reporting entity commencing aircraft operations.
    (3) Specific compliance dates for historical records are set forth
in Sec.  111.255.

Sec.  111.205   Reporting requirements.

    (a) Each reporting entity must provide the information required in
paragraph (b) of this section for any individual employed as a pilot
beginning on the PRD date of hire for that individual.
    (b) Each reporting entity must report the following records to the
PRD for each individual employed as a pilot:
    (1) All records described in Sec. Sec.  111.220 through 111.240
generated on or after June 10, 2022;
    (2) All historical records required by Sec.  111.255 of this part,
as applicable; and
    (3) The PRD date of hire.
    (c) No person may enter or cause to be entered into the PRD any
information described in Sec.  111.245.

Sec.  111.210   Format for reporting information.

    Each reporting entity must report to the PRD all records required
by this subpart for each individual the reporting entity employed as a
pilot in a form and manner prescribed by the Administrator.

Sec.  111.215   Method of reporting.

    (a) Except as provided in paragraph (b) of this section of this
part, all records created on or after June 10, 2022, and required to be
reported to the PRD under this subpart must be reported within 30 days
of the effective date of the record, or within 30 days of the record
becoming final when the record is a disciplinary action record or a
separation from employment record.
    (b) Each operator conducting an operation described in Sec.
111.1(b)(4), entity conducting a public aircraft operation, operator
conducting an air tour operation under Sec.  91.147, or a trustee for
such an operator or entity must either comply with paragraph (a) of
this section or report and retain pilot records in accordance with all
requirements of this paragraph.
    (1) Operators, entities, or trustees listed in this paragraph (b)
must report a record described in Sec.  111.225, Sec.  111.230, or
Sec.  111.235 to the PRD upon receipt of a request from a reviewing
entity within 14 days, unless the record memorializes one or more of
the following:
    (i) A disciplinary action that resulted in permanent or temporary
removal of the pilot from aircraft operations as described in Sec.
111.230, which must be reported in accordance with paragraph (a) of
this section.
    (ii) A separation from employment action resulting from a
termination as described in Sec.  111.235, which must be reported in
accordance with paragraph (a) of this section.
    (2) If no records are available at time of request from a reviewing
entity, the operator, entity, or trustee must provide written
confirmation within 14 of the days of the request to the PRD that no
records are available.
    (3) An operator, entity, or trustee must retain a record eligible
to be reported upon request under paragraph (b)(1) of this section for
five years from the date of creation, unless the operator or entity
already reported that record to the PRD.
    (c) For records created before June 10, 2022, and maintained in
accordance with PRIA, an operator, entity, or trustee listed in
paragraph (b) of this section must continue to maintain all records
that would have been provided in response to a PRIA request for five
years from the date of creation of the record, and must report that
record upon request from a reviewing entity in accordance with
paragraph (b).

Sec.  111.220   Drug and alcohol testing records.

    (a) Each operator or trustee required to comply with part 120 of
this chapter and subject to the applicability of this subpart must
report to the PRD the following records for each individual whom the
reporting entity has employed as a pilot:
    (1) Records concerning drug testing, including--
    (i) Any drug test result verified positive by a Medical Review
Officer, that the Medical Review Officer and employer must retain in
accordance with Sec.  120.111(a)(1) of this chapter and 49 CFR
40.333(a)(1)(ii);
    (ii) Any refusal to submit to drug testing or records indicating
substituted or adulterated drug test results, which the employer must
retain in accordance with 49 CFR 40.333(a)(1)(iii);
    (iii) All return-to-duty drug test results verified by a Medical
Review Officer, that the employer must retain in accordance with 49 CFR
40.333(a)(1)(ii) or (iii) or (a)(4);
    (iv) All follow-up drug test results verified by a Medical Review
Officer, which the employer must retain in accordance with 49 CFR
40.333(a)(1)(v).
    (2) Records concerning alcohol misuse, including--
    (i) A test result with a confirmed breath alcohol concentration of
0.04 or greater, which the employer must retain in accordance with
Sec.  120.219(a)(2)(i)(B) of this chapter;
    (ii) Any record pertaining to an occurrence of on-duty alcohol use,
pre-duty alcohol use, or alcohol use following an accident, which the
employer must retain in accordance with Sec.  120.219(a)(2)(i)(D) of
this chapter;
    (iii) Any refusal to submit to alcohol testing, that the employer
must retain in accordance with Sec.  120.219(a)(2)(i)(B) of this
chapter and 49 CFR 40.333(a)(1)(iii);
    (iv) All return-to-duty alcohol test results, that the employer
must retain in accordance with 49 CFR 40.333(a)(1)(i) or (iii) or
(a)(4);
    (v) All follow-up alcohol test results, which the employer must
retain in accordance with 49 CFR 40.333(a)(1)(v).
    (b) Each record reported to the PRD in accordance with paragraph
(a) of this section must include the following:
    (1) In the case of a drug or alcohol test result:
    (i) The type of test administered;
    (ii) The date the test was administered; and
    (iii) The result of the test.
    (2) In the case of alcohol misuse, as described in paragraph
(a)(2)(ii) of this section:
    (i) The type of each alcohol misuse violation;
    (ii) The date of each alcohol misuse violation.
    (c) In addition to the requirements of Sec. Sec.  120.113(d)(3) and
120.221(c), operators required to report in accordance with this
section must report records within 30 days of the following
occurrences, as applicable:
    (1) The date of verification of the drug test result;
    (2) The date of the alcohol test result;
    (3) The date of the refusal to submit to testing; or
    (4) The date of the alcohol misuse occurrence.

Sec.  111.225   Training, qualification, and proficiency records.

    (a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD the following records for each
individual whom the reporting entity has employed as a pilot:
    (1) Records establishing an individual's compliance with FAA-
required training, qualifications, and proficiency events, which the
reporting entity maintains pursuant to Sec.  91.1027(a)(3), Sec.
121.683, Sec.  125.401 or Sec.  135.63(a)(4) of this chapter, as
applicable, including comments and evaluations made by a check pilot or
evaluator; and
    (2) Other records the reporting entity maintains documenting an
individual's compliance with FAA or employer-required training,
checking, testing, proficiency, or other events related to pilot
performance concerning the training, qualifications, proficiency, and
professional competence of the individual, including any comments and
evaluations made by a check pilot or evaluator.
    (b) No person may report any of the following information for
inclusion in the PRD:

    (1) Records related to flight time, duty time, and rest time.
    (2) Records demonstrating compliance with physical examination
requirements or any other protected medical records.
    (3) Records documenting recent flight experience.
    (4) Records identified in Sec.  111.245.
    (c) Each record reported to the PRD in accordance with paragraph
(a) of this section must include:
    (1) Date of the event;
    (2) Aircraft type, if applicable;
    (3) Duty position of the pilot, if applicable;
    (4) Training program approval part and subpart of this chapter, as
applicable;
    (5) Crewmember training and qualification curriculum and category
of training as reflected in either a FAA-approved or employer-mandated
training program;
    (6) Result of the event (satisfactory or unsatisfactory);
    (7) Comments of check pilot or evaluator, if applicable under part
91, 121, 125, or 135 of this chapter. For unsatisfactory events, the
tasks or maneuvers considered unsatisfactory must be included.
    (d) An operator, entity, or trustee that complies with Sec.
111.215(b) must report records in accordance with paragraphs (a)
through (c) of this section upon request, if that operator or entity
possesses those records.
    (e)(1) Each reporting entity must provide a record within 30 days
of creating that record, in accordance with Sec.  111.215(a), unless
the reporting entity is an operator, entity, or trustee complying with
Sec.  111.215(b).
    (2) An operator, entity, or trustee complying with Sec.  111.215(b)
must provide records described in this section or a statement that it
does not have any records described in this section within 14 days of
receiving a request from a reviewing entity.

Sec.  111.230   Final disciplinary action records.

    (a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD any final disciplinary action
record pertaining to pilot performance with respect to an individual
whom the reporting entity has employed as a pilot.
    (b) No person may report to the PRD any record of disciplinary
action that was subsequently overturned because the event prompting the
action did not occur or the pilot was not at fault as determined by--
    (1) A documented agreement between the employer and the pilot; or
    (2) The official and final decision or order of any panel or person
with authority to review employment disputes, or by any court of law.
    (c) If a reporting entity receives notice that any disciplinary
action record reported to the PRD under paragraph (a) of this section
was overturned in accordance with paragraph (b), that entity must
correct the pilot's PRD record in accordance with Sec.  111.250 within
10 days.
    (d) Each final disciplinary action record that must be reported to
the PRD under paragraph (a) of this section must include the following
information:
    (1) The type of disciplinary action taken by the employer,
including written warning, suspension, or termination;
    (2) Whether the disciplinary action resulted in permanent or
temporary removal of the pilot from aircraft operations;
    (3) The date the disciplinary action occurred; and
    (4) Whether there are additional documents available that are
relevant to the record.
    (e) An operator, entity, or trustee complying with Sec.  111.215(b)
must report records described in paragraphs (a) through (d) of this
section upon request, unless the disciplinary action resulted in
permanent or temporary removal of the pilot from aircraft operations.
If the disciplinary action resulted in permanent or temporary removal
of the pilot from aircraft operations, the operator, entity, or trustee
must report the record in accordance with Sec.  111.215(a).
    (f)(1) A reporting entity must provide records of final
disciplinary actions no later than 30 days after the action is final,
unless the reporting entity is an operator, entity or trustee complying
with Sec.  111.215(b).
    (2) An operator, entity or trustee complying with Sec.  111.215(b)
must report records described in this section, or state that it does
not have any applicable records, within 14 days of receiving a request
from a reviewing entity.
    (g) Each reporting entity must:
    (1) Retain documents relevant to the record reported under
paragraph (a) of this section for five years, if available; and
    (2) Provide such documents upon request within 14 days to:
    (i) A reviewing entity; or
    (ii) The pilot that is the subject of the record.

Sec.  111.235   Final separation from employment records.

    (a) Except as provided in paragraph (b) of this section, each
reporting entity must provide to the PRD the following records for each
individual whom the reporting entity has employed as a pilot:
    (1) Records concerning separation from employment kept pursuant to
Sec.  91.1027(a)(3), Sec.  121.683, Sec.  125.401 or Sec.  135.63(a)(4)
of this chapter; and
    (2) Records pertaining to pilot performance kept concerning
separation from employment for each pilot that it employs.
    (b) No person may report to the PRD any record regarding separation
from employment that was subsequently overturned because the event
prompting the action did not occur or the pilot was not at fault as
determined by--
    (1) A documented agreement between the employer and the pilot; or
    (2) The official and final decision or order of any panel or
individual given authority to review employment disputes, or by any
court of law.
    (c) If a reporting entity receives notice that any separation from
employment record reported to the PRD under paragraph (a) of this
section was overturned in accordance with paragraph (b) of this
section, that entity must correct the pilot's PRD record in accordance
with Sec.  111.250 within 10 days.
    (d) Each separation from employment action record that must be
reported to the PRD in accordance with paragraph (a) of this section
must include a statement of the purpose for the separation from
employment action, including:
    (1) Whether the separation resulted from a termination as a result
of pilot performance, including professional disqualification;
    (2) Whether the separation is based on another reason, including
but not limited to physical (medical) disqualification, employer-
initiated separation not related to pilot performance, or any
resignation, including retirement;
    (3) The date of separation from employment; and
    (4) Whether there are additional documents available that are
relevant to the record.
    (e) An operator, entity, or trustee complying with Sec.  111.215(b)
must report the records described in paragraphs (a) through (d) of this
section upon request, unless the separation from employment action
resulted from a termination. If the separation from employment record
resulted from a termination, the operator, entity, or trustee must
report the record in accordance with Sec.  111.215(a).
    (f)(1) A reporting entity must provide any records of separation
from employment actions no later than 30 days after the date of
separation from

employment is final, unless the reporting entity is an operator,
entity, or trustee complying with Sec.  111.215(b).
    (2) An operator, entity, or trustee complying with Sec.  111.215(b)
must report records described in this section or state that it does not
have any applicable records within 14 days of receiving a request from
a reviewing entity.
    (g) Each reporting entity must:
    (1) Retain documents relevant to the record reported under
paragraph (a) of this section for five years, if available; and
    (2) Provide such documents upon request within 14 days to:
    (i) A reviewing entity; or
    (ii) The pilot that is the subject of the record.

Sec.  111.240   Verification of motor vehicle driving record search and
evaluation.

    (a) Each operator subject to the requirements of Sec.  111.110 of
this part must document in the PRD within 45 days of the pilot's PRD
date of hire that the operator met the requirements of Sec.  111.110.
    (b) No operator may report any substantive information from State
motor vehicle driving records pertaining to any individual obtained in
accordance with Sec.  111.110 for inclusion in the PRD.

Sec.  111.245   Special rules for protected records.

    No person may report any pilot record for inclusion in the PRD that
was reported by any individual as part of any approved Voluntary Safety
Reporting Program for which the FAA has designated reported information
as protected in accordance with part 193 of this chapter.

Sec.  111.250   Correction of reported information and dispute
resolution.

    (a) A reporting entity that discovers or is informed of a perceived
error or inaccuracy in information previously reported to the PRD must
correct that record in the PRD within 10 days of identification, or
initiate dispute resolution in accordance with paragraph (b) of this
section.
    (b) Each reporting entity must--
    (1) Initiate investigation of any dispute within 30 days of
determining that it does not agree that the record identified is
inaccurate.
    (2) Provide final disposition within a reasonable amount of time to
any request for dispute resolution made by an individual about PRD
records.
    (3) Document in the PRD the final disposition of any dispute made
by a pilot in accordance with this paragraph (b) and Sec.  111.320.

Sec.  111.255   Reporting historical records to PRD.

    (a) Each operator that holds an air carrier certificate issued in
accordance with part 119 of this chapter and is authorized to conduct
operations under part 121 or part 135 of this chapter must report to
the PRD all historical records kept in accordance with PRIA dating from
August 1, 2005 until June 10, 2022, in a form and manner prescribed by
the Administrator.
    (b) Each operator that holds an 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 or that holds
management specifications to operate in accordance with subpart K of
part 91 of this chapter must report to the PRD all historical records
kept in accordance with PRIA dating from August 1, 2010, until June 10,
2022, in a form and manner prescribed by the Administrator.
    (c) If an operator required to report historical records to the PRD
in accordance with this section is appointed a trustee in a bankruptcy
proceeding, the trustee must report the operator's historical records.
    (d) Compliance for reporting historical records that date on or
after January 1, 2015, is required by June 12, 2023. Compliance for
records that date before January 1, 2015, is required by September 9,
2024.
    (e) An operator or trustee subject to the applicability of this
subpart must maintain all historical records reported to the PRD in
accordance with paragraphs (a) and (b) of this section for at least
five years after reporting those records.
    (f) An operator or trustee is not required to report historical
records for any individual who is 99 years of age or older on June 10,
2022.
    (g)(1)The Administrator may authorize a request for deviation from
paragraph (d) of this section based on a determination that a delay in
compliance, due to circumstance beyond control of the operatoror
trustee reporting historical records, would not adversely affect
safety.
    (2) A request for deviation from paragraph (d) of this section must
include the following information:
    (i) The name of the operator or trustee;
    (ii) The name of the responsible person;
    (iii) The name of the pilot(s) who are the subject of the record;
    (iv) Historical record type for which deviation is requested;
    (v) Date range of records; and
    (vi) Justification for the request for deviation, including a
description of the circumstance referenced in (g)(1).
    (3) Operators and trustees granted deviation in accordance with
this paragraph must continue to retain historical records and respond
to requests for such records for the term of that deviation in a form
and manner prescribed by the Administrator.
    (4) The Administrator may, at any time, terminate a grant of
deviation issued under this paragraph.

Subpart D--Pilot Access and Responsibilities

Sec.  111.300   Applicability.

    This subpart applies to each individual who is employed as a pilot
by, or is seeking employment as a pilot with, an operator or entity
subject to the applicability of this part, as set forth in Sec.  111.1.

Sec.  111.305   Application for database access.

    (a) A pilot must request electronic access to the PRD by submitting
an application in a form and manner acceptable to the Administrator.
Except as provided in Sec.  111.315(c), electronic access to the PRD is
required when--
    (1) The pilot seeks to review and obtain a copy of that pilot's own
comprehensive PRD record;
    (2) The pilot gives consent to a particular operator to access that
pilot's comprehensive PRD record; or
    (3) The pilot exercises any other privileges provided by this part.
    (b) The application required in paragraph (a) of this section must
include, at a minimum, the following information:
    (1) The pilot's full name as it appears on his or her pilot
certificate.
    (2) The pilot's FAA-issued certificate number.
    (3) A current mailing address and telephone number.
    (4) An electronic mail address.
    (5) Any additional information that the Administrator might request
to verify the identity of the pilot requesting access to the PRD.
    (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.

Sec.  111.310   Written consent.

    (a) Before any operator may access a pilot's records in the PRD,
that pilot must apply for access to the PRD in accordance with Sec.
111.305 and provide written consent to the FAA for release of that
pilot's records to the operator, in a form and manner acceptable to the
Administrator.

    (b) Provision of consent must include an affirmation that the
employment history of the pilot for five years preceding the date of
consent is accurate and complete. If the pilot finds the employment
history is not complete, the pilot must update the employment history
to list all past employers.
    (c) Before an operator submits a request to the NDR for an
individual's motor vehicle driving record for purposes of compliance
with Sec.  111.110, the individual must provide written consent
specific to the NDR search.

Sec.  111.315   Pilot right of review.

    (a) Once a pilot has received electronic access in accordance with
Sec.  111.305, the pilot may access the PRD to review all records
pertaining to that pilot.
    (b) A pilot who submits written consent to a reviewing entity in
accordance with Sec.  111.310(c) may request a copy of any State motor
vehicle driving records obtained by the reviewing entity in accordance
with Sec.  111.110.
    (c) A pilot may review all records contained in the PRD pertaining
to that pilot, without accessing the PRD and without obtaining
electronic access issued in accordance with Sec.  111.305, upon
submission of a form provided by the Administrator to confirm the
pilot's identity.

Sec.  111.320   Reporting errors and requesting corrections.

    A pilot who identifies an error or inaccuracy in that pilot's PRD
records must report the error or inaccuracy to the PRD in a form and
manner acceptable to the Administrator.

Sec.  111.10   [Amended]

0
6. Effective September 10, 2029, amend Sec.  111.10 by removing the
definition of ``historical record''.

Sec.  111.15   [Amended]

0
7. Effective October 8, 2021, amend Sec.  111.15 by removing paragraph
(a) and redesignating paragraphs (b) through (f) as paragraphs (a)
through (e).

Sec.  111.100   [Amended]

0
8. Effective June 10, 2022, amend Sec.  111.100 by removing paragraph
(b) and redesignating paragraph (c) as paragraph (b).

0
9. Effective June 10, 2022, amend Sec.  111.200 by revising paragraph
(b) to read as follows:

Sec.  111.200   Applicability.

* * * * *
    (b) Compliance is required for this subpart as follows:
    (1) Compliance with this subpart is required within 30 days of the
reporting entity commencing aircraft operations.
    (2) Specific compliance dates for records described in Sec.
111.205(b)(2) are set forth in Sec.  111.255.
* * * * *

0
10. Effective September 10, 2029, further amend Sec.  111.200 by
revising paragraph (b) to read as follows:

Sec.  111.200   Applicability.

* * * * *
    (b) Compliance with this subpart is required beginning within 30
days of the reporting entity commencing aircraft operations.
* * * * *

Sec.  111.205   [Amended]

0
11. Effective September 9, 2024, amend Sec.  111.205 by removing
paragraph (b)(2) and redesignating paragraph (b)(3) as (b)(2).

0
12. Effective September 9, 2024, amend Sec.  111.215 by revising
paragraph (a) to read as follows:

Sec.  111.215   Method of Reporting.

    (a) Except as provided in paragraph (b) of this section, all
records required to be reported to the PRD under this subpart must be
reported within 30 days of the effective date of the record, or within
30 days of the record becoming final when the record is a disciplinary
action record or a separation from employment record.
* * * * *

Sec.  111.215   [Amended]

0
13. Effective September 8, 2027, further amend Sec.  111.215 by
removing paragraph (c).

Sec.  111.255   [Removed]

0
14. Effective September 10, 2029, Sec.  111.255 is removed.

    Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), U.S.C. 106(f), 106(g) 44701(a), 44703, 44711, 46105, and
46301 on or about May 25, 2021.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2021-11424 Filed 6-9-21; 8:45 am]
BILLING CODE 4910-13-P