2016...................................................           1,744       17,016        4,382             168          324           83      362,406
2017...................................................           1,744       17,284        4,451             168          329           85      368,121
2018...................................................           1,744       17,555        4,521             168          334           86      373,889
2019...................................................           1,744       17,751        4,571             168          338           87      378,068
2020...................................................           1,744       17,845        4,595             168          340           88      380,068
                                                        ------------------------------------------------------------------------------------------------
    Total..............................................  ..............      280,786       72,303  ..............        3,657          942    5,944,857
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                91k Manual Entry
----------------------------------------------------------------------------------------------------------------
                                                     Number of
                      Year                          respondents       Pilots           Hours           Costs
----------------------------------------------------------------------------------------------------------------
2005
2006
2007
2008
2009
2010............................................               5           1,823             476         $38,629
2011............................................               5           1,781             465          37,739
2012............................................               5           1,716             448          36,362
2013............................................               5           1,595             416          33,798
2014............................................               5           1,538             401          32,590
2015............................................               5           1,491             389          31,594
2016............................................               5           1,416             370          30,005
2017............................................               5           1,447             378          30,662
2018............................................               5           1,472             384          31,192
2019............................................               5           1,498             391          31,743
2020............................................               5           1,504             393          31,870
                                                 ---------------------------------------------------------------
    Total.......................................  ..............          17,281           4,511         366,184
----------------------------------------------------------------------------------------------------------------

    The FAA adds a supplemental burden to the base cost burden of
reporting historical records, by adding an additional 30 minutes of a
training and development manager and an additional 10 minutes of a
human resources manager to estimated pilot records kept in 2005 and
2010. The following table summarizes the supplemental cost.

                              Manual Entry Supplemental Cost for Historical Records
----------------------------------------------------------------------------------------------------------------
                                                                    Training &         Human
                                                                    development      resources     Total  added
                                                                      manager         manager          cost
----------------------------------------------------------------------------------------------------------------
Time in hours...................................................              30              10
Wage Rate.......................................................          $81.19          $84.74
Total Extra Cost per Pilot......................................          $40.60          $14.12          $54.72
----------------------------------------------------------------------------------------------------------------

    The following table summarizes the base hours and base cost burden
for reporting historical records and the supplemental cost burden to
represent the additional cost of locating and transposing historical
records to the PRD. To derive supplemental hours the FAA multiplied the
supplemental time burden \141\ described earlier by estimated pilots
with records being reported manually in 2005 and 2010. To derive
supplemental costs, the FAA multiplied the additional supplemental cost
per pilot by the estimated pilots with records being reported manually
in 2005 and 2010.
---------------------------------------------------------------------------

    \141\ An additional 40 minutes, including 10 minutes of a human
resources manager and 30 minutes of a training and development
manager or .667 hours.

                                             Manual Entry--Historical Base and Supplemental Burden and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Supplemental    Supplemental
                                                      Base  hours   Base cost      hours (1)         costs      Total hours   Total cost    Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121............................................        8,645     $701,789           2,705         $55,074       11,350     $756,863              18
Part 125............................................        1,041       84,463             242           5,936        1,283       90,399              33
Part 135 (2)........................................       73,245    5,944,857          23,606       7,563,071       96,851   13,507,928           1,912
Part 91K............................................        4,511      366,184           1,215          25,746        5,726      391,930               5
                                                     ---------------------------------------------------------------------------------------------------
    Total...........................................       87,442    7,097,293          27,768       7,649,827      115,210   14,747,120           1,968
                                                     ---------------------------------------------------------------------------------------------------
        Average/year (2)............................  ...........  ...........  ..............  ..............       57,605   $7,373,560
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  111.425 Discontinued Compliance With Pilot Records Improvement
Act
    The PRIA would be discontinued two years and 90 days after the
effective date of the proposed Pilot Records Database. Accordingly,
there would be a reduced paperwork burden due to the fact that pilots,
carriers and operators would no longer have to complete FAA forms to
request PRIA records. The table below indicates the annual number of
FAA forms completed by airmen, hiring and previous employers during the
hiring process. This burden would be eliminated because air carriers
and pilots would no longer have to complete and mail (or fax) forms in
order for air carriers to request pilot records and for pilots to allow
records to be released. Hours saved are estimated by multiplying the
time required to complete each form by each entity times the number of
forms completed annually. Cost savings are estimated by multiplying the
time required to complete the form by the wage rate for each entity
completing times the number of forms completed annually. Three
different entities would have to complete form 8060-12 while only two
different entities would have to complete the other three forms. We
expect the same entities would complete each form for one PRIA request.
In other words one airman, and one hiring entity would each complete
Form 8060-10, Form 8060-11, and Form 8060-11A and in addition one
previous employer would complete Form 8060-12 per PRIA request. So as
not to double count or under count we take the number of respondents to
be the three respondents (airman, hiring entity and previous employer)
completing 24,120 forms (Form 8060-12) or 3 times 24,120. If we
multiplied the number of entities completing each form by the number of
forms and added the results for all the forms, we would be double
counting respondents, as it is likely the same person would complete
all the forms. If we chose one of the forms only requiring two entities
to complete to estimate number of respondents, we would be
underestimating respondents.

                                       Cost Savings for Discontinued Compliance With Pilot Records Improvement Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Number of
                                    forms               HRM--      HRM--
           FAA  Form              completed   Airman    hiring    previous   Airman    HRM      Airman        HRM        Total      Hours    Respondents
                                  annually              entity    employer
--------------------------------------------------------------------------------------------------------------------------------------------------------
8060-10........................      17,586       10         10        N/A   $44.66   $84.74    $130,898    $248,373    $379,271     5,862        17,586
8060-11........................      28,138        7          7        N/A                       146,606    $278,178     424,784     6,565        28,138
8060-11A.......................      28,138       10         10        N/A                       209,438     397,397     606,834     9,379        28,138
8060-12........................      28,138        6          6         17                       125,663     914,012   1,039,675     5,628        28,138
                                ------------------------------------------------------------------------------------------------------------------------
                                 ..........  .......  .........  .........                       612,605   1,837,960   2,450,565    27,434       101,999
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Hours to gather records.....................................................................................................     4,397
                                ------------------------------------------------------------------------------------------------------------------------
    Total Hours including hours to gather records...............................................................................    31,831
                                ------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) Totals may not add due to rounding.
(ii) HRM = Human Resources Manager.

    The table below summarizes the total paperwork burden in terms of
hours, cost and respondents.

                                                                 Total Paperwork Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Total paperwork burden                            Year 1                Year 2                  Year 3                  Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Respondents    Hours       Cost      Hours       Cost       Hours        Cost        Hours       Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   111.15 Application for database                69,761   14,305     $979,621    5,803     $259,162      5,803      $259,162    25,911   $1,497,945
 access one-time costs averaged per year--
 Annual Registration burden.................
111.205 General (a) (Reporting Present and
 Future Records) Electronic Data Transfer:
    Present and Future one-time costs.......           1,739    2,447   $5,020,975  .......  ...........  .........  ............     2,447    5,020,975
    Present and Future annual costs.........              15       40       22,500       40       22,500         40        22,500       120       67,500
Manual Data Entry:
    Present and Future annual costs.........           1,744    5,740      465,418    4,753      382,320      4,766     1,231,102    15,259    2,078,840
111.265 Historical Record Reporting
 Electronic:
    Historical one-time costs...............             318      985    1,075,450  .......  ...........  .........  ............       985    1,075,450
Manual Data Entry:
    Historical per year.....................           1,968   57,605    7,373,560   57,605    7,373,560  .........  ............   115,210   14,747,120
        Total Burden........................          75,545   81,122   14,937,524   68,201    8,037,542     10,609     1,512,764   159,932   24,487,830
            Total Savings--Discontinuation           101,999   31,831    4,648,815   31,831    4,648,815     31,831     4,648,815    95,493   13,946,444
             of PRIA........................
                Net Burden/Costs............  ..............   49,291   10,288,709   36,370    3,388,727   (21,222)   (3,136,051)    64,439   10,541,386
--------------------------------------------------------------------------------------------------------------------------------------------------------

Paperwork Impact to the Federal Government
    The following table summarizes the FAA burden and cost of the PRD.
The FAA uses an hourly wage rate for a grade 14 step 5 position of
$80.56 to estimate costs.\142\

                  FAA Burden To Develop and Operate PRD
------------------------------------------------------------------------
                                        Operations and
                Year                  maintenance costs        Hours
------------------------------------------------------------------------
1..................................           $2,471,000          30,671
2..................................            2,384,690          29,600
3..................................            2,335,606          28,990
------------------------------------------------------------------------
    Total..........................            7,191,296         $89,261
------------------------------------------------------------------------
        Average....................            2,397,099         $29,754
                                    ------------------------------------
------------------------------------------------------------------------
*See the Regulatory Evaluation available in the docket for details on
  the hourly rates and costs

    The agency is soliciting comments to--
---------------------------------------------------------------------------

    \142\ 2016 locality wage adjusted for the Washington, Maryland,
Virginia area, and a fringe benefit rate of 36.25%.
---------------------------------------------------------------------------

    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of IT.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this notice of proposed rulemaking by May 29, 2020.
Comments also should be submitted 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.

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 that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
    Executive Order 13609, Promoting International Regulatory
Cooperation, 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 that this action would have
no effect on international regulatory cooperation.

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 5-6.6d ``Issuance of regulatory
documents (e.g., Notices of Proposed Rulemaking and issuance of Final
Rules) covering administration or procedural requirements (Does not
include Air Traffic procedures; specific Air Traffic procedures that
are categorically excluded are identified under Paragraph 5-6.5 of this
Order.)'' 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 proposed rule may have
on collecting, storing, and disseminating personally identifiable
information (PII) for use by air carriers in making hiring decisions. A
copy of the PIA is included in the docket for this rulemaking and is
additionally available at transpotation.gov/privacy.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed 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 proposed 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 13771, Reducing Regulation and Controlling
Regulatory Costs

    This proposed rule is expected to be an E.O. 13771 regulatory
action. Details on the estimated costs of this proposed rule can be
found in the rule's economic analysis.

VIII. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies; or
    3. Accessing the Government Printing Office's web page at http://www.gpo.gov/fdsys/. Copies may also be obtained by sending a request to
the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800
Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-
9677. Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and

technical reports, may be accessed from the internet through the
Federal eRulemaking Portal referenced in item (1) above.

IX. The Proposed Amendments

List of Subjects

14 CFR Part 91

    Aircraft, Airmen, Aviation safety, Commercial Operators, Flights
for Compensation or Hire, Fractional Ownership, Public aircraft,
Reporting and recordkeeping requirements.

14 CFR Part 111

    Air carriers, Aircraft, Airmen, Air operators, Aviation safety,
Public aircraft, Reporting and recordkeeping requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Air operators, Aviation safety,
Reporting and recordkeeping requirements.

14 CFR Part 125

    Aircraft, Airmen, Air operators, Aviation safety, Reporting and
recordkeeping requirements.

14 CFR Part 135

    Air carriers, Aircraft, Airmen, Air operators, Aviation safety,
Reporting and recordkeeping requirements.

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority 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).

0
2. Amend part 91 by adding Sec.  91.27 to read as follows:

Sec.  91.27   Pilot Records Database.

    (a) Each person that conducts operations as a corporate flight
department as defined in Sec.  111.10 of this chapter, must comply with
the requirements in part 111 of this chapter in accordance with the
applicable timelines in that part.
    (b) Reserved.
0
3. Revise Sec.  91.1051 to read as follows:

Sec.  91.1051   Pilot Records Database

    (a) The program manager for any fractional ownership program
approved in accordance with this subpart is subject to the requirements
of part 111 of this chapter applicable to operators that employ pilots
and must achieve compliance in accordance with the applicable timelines
in that part.
    (b) Reserved.
0
4. Add Part 111 to read as follows:

PART 111--PILOT RECORDS DATABASE

Subpart A--General

Sec.
111.1 Applicability.
111.5 Compliance dates.
111.10 Definitions.
111.15 Application for database access.
111.20 Database access by authorized users and proxies.
111.25 Duration, cancellation and denial of access.
111.30 Unauthorized access or use prohibited.
111.35 Fraud and falsification.
111.40 Fee.
111.45 Freedom of Information Act (FOIA) requests.
111.50 Record retention in the PRD.
Subpart B--Accessing and Evaluating Records
111.100 Applicability.
111.105 Evaluation of pilot records and limitations on use.
111.110 Motor vehicle driving record request.
111.115 Good faith exception.
111.120 Pilot consent and right of review.
111.125 Release from liability.
111.130 Refusal to hire.
111.135 Duty to maintain privacy and confidentiality of pilot
records.
111.140 FAA Records
Subpart C--Reporting of Records by Air Carriers and Operators
111.200 Applicability.
111.205 General.
111.210 Format for reporting information.
111.215 Drug and alcohol testing records.
111.220 Training, qualification and proficiency records.
111.225 Final disciplinary action records.
111.230 Records concerning separation of employment.
111.240 Verification of motor vehicle driving record search and
evaluation.
111.245 Special rules for protected records.
111.250 Duty to report records promptly.
111.255 Requests for correction of reported information.
111.260 Direct disputes.
111.265 Historical record reporting.
111.270 Reporting by trustee in bankruptcy.
Subpart D--Pilot Rights 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.
Subpart E--Compliance with Pilot Records Improvement Act (PRIA)--
Transition to PRD
111.400 Applicability.
111.405 Continued compliance with PRIA required.
111.410 Duty to request and evaluate records.
111.415 Duty to furnish records.
111.420 Duty to report historical records to PRD.
111.425 Discontinued compliance with PRIA.
111.430 Expiration of subpart.

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

Subpart A--General

Sec.  111.1   Applicability.

    (a) This part establishes the rules governing the mandatory and
voluntary use of the Pilot Records Database (PRD).
    (b) This part applies to the following persons:
    (1) Each person that holds an air carrier or operating certificate
issued in accordance with part 119 of this chapter and is authorized to
conduct operations under part 121, 125, or 135 of this chapter;
    (2) Each person that conducts air tour operations pursuant to a
letter of authorization issued in accordance with Sec.  91.147 of this
chapter;
    (3) Each person that conducts operations pursuant to a fractional
ownership program authorized in accordance with subpart K of part 91 of
this chapter;
    (4) Each person that conducts operations as a corporate flight
department, as defined in this part, pursuant to the general operating
and flight rules in part 91 of this chapter;
    (5) Each person that conducts public aircraft operations;
    (6) The trustee in bankruptcy of any air carrier or other operator
described in this paragraph;
    (7) Any other person authorized by the Administrator to access the
PRD;
    (8) Any individual who holds an air transport or commercial pilot
certificate issued under part 61 of this chapter or a remote pilot
certificate under part 107 of this chapter; and,
    (9) Any individual who is employed by a person that conducts public
aircraft operations.
    (c) This part does not apply to:
    (1) Any branch of the United States Armed Forces, National Guard,
or reserve component of the Armed Forces; or
    (2) Any foreign air carrier or other foreign operator of U.S.
registered aircraft.

Sec.  111.5   Compliance dates.

    (a) Compliance with subpart B of this part is required by [DATE ONE
YEAR AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
    (b) Compliance with subpart C of this part is required as follows:
    (1) For an air carrier or operator conducting operations on [DATE 1
YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER], compliance
is required with the reporting requirements of this subpart beginning
on [DATE 1 YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER];
and,
    (2) For an air carrier or other operator that initiates operations
after [DATE 1 YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL
REGISTER], compliance is required with the reporting requirements of
this subpart within 90 days of the issuance of the air carrier or
operator's operations specifications, unless otherwise authorized by
the Administrator.
    (c) Compliance with the historical records reporting requirements
of Sec.  111.420, compliance is required by March 31, 2022.

Sec.  111.10  Definitions.

    For purposes of this part, the term--
    Access the PRD means to use the credentials issued by the
Administrator in accordance with Sec.  111.20 or Sec.  111.25 to
retrieve information related to a particular individual pilot or to
report to the PRD information required by this part, or for a
responsible person to manage user access.
    Air Carrier means any person that holds an air carrier certificate
issued in accordance with part 119 of this chapter and is authorized to
conduct operations under parts 121 or 135 of this chapter.
    Authorized user means an individual employed by an air carrier or
other operator and designated by a responsible person to access the PRD
on behalf of the air carrier or other operator for purposes of
reporting and evaluating the records pertaining to an individual pilot
applicant.
    Corporate flight department means a person that operates two or
more standard airworthiness airplanes that require a type rating under
Sec.  61.31(a) of this chapter, in furtherance of, or incidental to, a
business, pursuant to the general operating and flight rules in part 91
of this chapter or operates airplanes being operated under a deviation
authority issued under Sec.  125.3 of this chapter.
    Date an individual begins service as a pilot means the earliest
date on which a pilot serves as a flight crewmember for an air carrier
or other operator required to comply with the provisions of this part.
    Directly involved in the hiring decision means any individual who
is responsible for making pilot hiring decisions on behalf of the
employer or who is responsible for advising the decision maker on
whether or not to hire an individual as a pilot.
    Final disciplinary action record means a record of any corrective
action taken by an employer in response to an event pertaining to pilot
performance which is not subject to any pending formal or informal
dispute initiated by the pilot. No disciplinary action may be
considered final until 30 days after action.
    Final separation from employment record means a last-in-time record
of any action ending the employment relationship between a pilot and an
air carrier or other operator which is not subject to any pending
formal or informal dispute initiated by the pilot. The separation from
employment actions include: Resignation, termination, physical
(medical) disqualification, professional disqualification, furlough,
extended leave, or retirement. No separation from employment may be
considered final until 30 days after action.
    Historical record means a record generated by the Administrator, an
air carrier, or other operator in response to a request from another
air carrier or operator that must be maintained by the person that
generated it in accordance with the Pilot Records Improvement Act, 49
U.S.C. 44703(h)(4) and maintained in accordance with 49 U.S.C.
44703(i)(15)(C)(iii).
    Individual employed as a pilot means any individual used as a pilot
by an air carrier or other operator, as defined in this section,
whether that individual is retained directly or on a contract basis for
any form of compensation.
    Operator that employs pilots or other operator means the following
groups of persons, other than air carriers, that use one or more
individuals as flight crewmember(s):
    (a) Each person that holds an operating certificate issued by the
FAA in accordance with part 119 of this chapter;
    (b) Each person that conducts air tour operations pursuant to a
letter of authorization issued in accordance with Sec.  91.147 of this
chapter;
    (c) Each person that conducts operations pursuant to a fractional
ownership program authorized in accordance with subpart K of part 91 of
this chapter;
    (d) Each person that operates a corporate flight department,
pursuant to the general operating and flight rules in part 91 of this
chapter;
    (e) Each person that conducts operations of public aircraft; or
    (f) A trustee in bankruptcy.
    Participating operator means an operator that employs pilots
covered by this part that voluntarily seeks to access the PRD for
purposes of assessing the qualifications of a pilot candidate in
accordance with subpart B of this part.
    Pilot means an individual who holds a commercial pilot or airline
transport pilot certificate issued under part 61; or an individual who
holds a part 107 certificate with an ability to conduct UAS operations
carrying people or property for compensation or hire and who is
employed by an air carrier or other operator.
    Pilot Records Database (PRD) or the database means the electronic
system for enabling the exchange of pilot information between the FAA,
air carriers, and operators, developed by the FAA pursuant to Section
203 of the Airline Safety and Federal Aviation Administration Extension
Act of 2010, Public Law 111-216.
    PRD Hire Date or PRD Date of Hire means the earliest date on which
an individual is expected to begin any form of company required
training or to perform any other duty for an air carrier or other
employer in preparation for the individual's service as a pilot.
    Proxy means a person or entity approved by the Administrator to
access the PRD system electronically on behalf of an air carrier or
other operator subject to the requirements of this part and designated
by a responsible person for an air carrier or other operator.
    Record pertaining to pilot performance means records of an activity
or event specifically related to an individual's completion of the core
duties and responsibilities of a pilot to maintain safe aircraft
operations, as assigned by the employer and established by the FAA.
    Report to the PRD means to access the PRD system electronically,
and submit information in the form and manner prescribed by the
Administrator pertaining to each individual employed as a pilot as
required by this part.
    Responsible person means an individual identified on the
application required by Sec.  Sec.  111.15 and satisfies the criteria
in Sec.  111.15(d).
    Writing/Written means documented in hard paper copy or electronic
format and affixed with a signature.

Sec.  111.15   Application for database access.

    (a) Each air carrier and other operator that employs pilots must
submit an application for database access to the FAA in the form and
manner prescribed by the Administrator, including all information
described in this section and any additional information that may be
requested by the Administrator.
    (b) The application required by this section must include, at a
minimum, the following information as well as any additional
information that may be requested by the Administrator in order to
verify the identity of all individuals designated by an air carrier or
other operator to access the database:
    (1) The full name, job title, and valid electronic mail address of
the individual authorized to submit the application in accordance with
paragraph (d) of this section who will act as the responsible person.
    (2) The purpose(s) for which database access is requested,
including whether theapplicant seeks access to comply with subpart B or
subpart C of this part, or both.
    (3) All business names and the address for the principal base of
operations for the air carrier or other operator.
    (4) FAA air carrier or operating certificate number and pilot
certificate number, as applicable.
    (c)(1) The application required by this section may include a
request for limited system administrator rights authorizing the
responsible person identified in accordance with paragraph (b)(1) of
this section to delegate his or her authority to access the database on
behalf of the air carrier or other operator to authorized users and
proxies of the air carrier or other operator.
    (2) A proxy identified by a responsible person on an application
described in paragraph (b)(1) of this section must also submit an
application in a form and manner prescribed by the Administrator for
approval.
    (d) The application required by this section must be signed and
submitted by a responsible person who meets the following minimum
qualifications, or by another individual if approved by the
Administrator:
    (1) For part 121 air carriers, a person serving in a management
position required by Sec.  119.65(a) of this chapter.
    (2) For part 125 operators, a person serving in a management
position required by Sec.  125.25(a) of this chapter.
    (3) For part 135 air carriers and operators, a person serving in a
management position required by Sec.  119.69(a) of this chapter.
    (4) For a part 135 air carrier or operator using only one pilot in
its operations, the pilot named in the certificate holder's operation
specifications.
    (5) For persons conducting operations pursuant to a letter of
authorization issued in accordance with Sec.  91.147 of this chapter,
an individual designated as a responsible person on the operator's
letter of authorization.
    (6) For persons conducting operations pursuant to 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 meets all of the following conditions:
    (i) The individual must have their identity verified by the FAA in
a form and manner acceptable to the Administrator; and
    (ii) The individual must be employed by the operator.
    (7) For any other operator required to comply with this part, or
any trustee appointed in a bankruptcy proceeding, an individual
authorized to sign and submit the application required by this section,
must meet all of the following conditions:
    (i) The individual must have their identity verified by the FAA in
a form and manner acceptable to the Administrator; and
    (ii) The individual must be employed by the operator.
    (e)(1) Air carriers and operators must submit an amended
application for database access to the FAA in the form and manner
prescribed by the Administrator no later than 30 days after any change
in the information included on the initial application for database
access, except in the case of information pertaining to a change to the
responsible person.
    (2) There must be a valid responsible person approved by the
Administrator at all times for continued authorized user and proxy
access to the database. In the case of any change or information that
would cause the current responsible person's database access to be
cancelled or denied, the air carrier or operator must submit an amended
application to the FAA identifying a different responsible person who
is eligible for database access in accordance with this section and
prior to the change in status of the current responsible person.
    (f) When a request for electronic access to the database is
approved by the FAA, the Administrator will issue credentials to the
responsible person who submitted the application required by this
section, authorizing the responsible person to:
    (1) Access the database on behalf of the particular air carrier or
other operator for purposes consistent with the provisions of this
part; and
    (2) Exercise limited database administrator rights to delegate the
air carrier or other operator's authority to access the database to
authorized users and proxies in accordance with Sec.  111.20.
    (g) Credentials issued based on an application submitted to the FAA
in accordance with this section, as well as any authority delegated by
any responsible person under paragraph (f)(2) of this section, are
subject to renewal, cancellation and denial of access by the
Administrator in accordance with Sec. Sec.  111.20 and 111.25.
    (h) An air carrier or other operator that initiates operations
after [DATE 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL
REGISTER] must submit the application required by this section to the
FAA at least 90 days before the air carrier or other operator initiates
aircraft operations.

Sec.  111.20  Database access by authorized users and proxies.

    (a)(1) If approved in accordance with Sec.  111.15, the responsible
person for an air carrier or other operator required to access the
database in accordance with this part may delegate to employees of the
air carrier or operator, or to a proxy approved in accordance with
Sec.  111.15, the authority to access the database on its behalf for
purposes of complying with the requirements of subparts B or C of this
part.
    (2) The air carrier or other operator must establish procedures to
ensure an authorized user or proxy approved by the Administrator
understands and complies with Sec.  111.135 and the terms applicable to
database access in paragraph (b) of this section and the privileges and
limitations of this part.
    (b) Access to the database by authorized users and proxies on
behalf of the air carrier or other operator is subject to the
privileges and limitations applicable to air carriers and operators in
this part as well as the following terms and any additional terms that
may be established by the Administrator:
    (1) Any authorized user or proxy delegated authority to access the
database on behalf of an air carrier or other operator in order to
comply with the evaluation requirements of subpart B of this part, may
only use the database registration issued by the Administrator to
access information in the database to inform a hiring decision
concerning a pilot applicant.
    (2) Any authorized user or proxy delegated authority to access the
database on behalf of an air carrier or other operator in order to
comply with

the reporting requirements of subpart C of this part, may only use the
database registration issued by the Administrator to access the PRD for
purposes of reporting information to the database on behalf of the air
carrier or other operator.
    (3) Proxies must provide assurances to the air carrier or other
operator that the information obtained using such access will not be
used for any purpose other than collecting the information for
evaluation by the air carrier or other operator for purposes of making
the hiring decision and will be subject to inspection upon request of
the Administrator.
    (c) Access to the database by authorized users and proxies may be
subject to the valid access of the responsible person.
    (1) In the case of cancellation of a responsible person's database
access, the database access of authorized users and proxies will remain
valid if the air carrier or other operator submits a new application
for database access indicating a new responsible person prior to
cancellation of the prior responsible person and obtains approval of
that application.
    (2) In the case of denial of a responsible person's database
access, the database access of authorized persons and proxies may also
be denied.

Sec.  111.25  Duration, cancellation, and denial of access.

    (a) Duration. Database registration is valid for an amount of time
determined by the Administrator unless cancelled or denied and includes
both a user identification and a PRD identification.
    (b) Renewal. The Administrator may require the renewal of
credentials issued to any person or individual user at recurring
intervals and as necessary to protect the security and integrity of the
database.
    (c) Cancellation. The Administrator may cancel any database
registration that remains inactive for an amount of time determined by
the Administrator, or if the person or individual user holding the
registration no longer satisfies the eligibility criteria prescribed by
this part.
    (d) Denial of access.
    (1) The Administrator may deny database access to any person or
individual user for failure to comply with any of the duties and
responsibilities prescribed by this part, including but not limited to:
    (i) Accessing an individual's information in the database without
first obtaining the written consent of that individual;
    (ii) Reporting false or fraudulent information to the database;
    (iii) Misusing or misappropriating user rights or protected
information from the database; or
    (iv) As necessary to preserve the security and integrity of the
database.
    (2) The Administrator may deny access to the database registration
of any air carrier or other operator employing a pilot if the operating
certificate or other authority to operate is revoked by the FAA.
    (3) If database access is denied to any person or individual user
under (d)(1) of this section, that person or individual user may submit
a request for reconsideration in a form and a manner prescribed by the
Administrator. Database access will not be permitted pending
reconsideration.
    (e) When access has been cancelled or denied for any person or
individual user, that person or individual user must reapply for
access, as applicable, in accordance with Sec.  111.15.

Sec.  111.30   Unauthorized access or use prohibited.

    (a) No person may access the database for any purpose except as
expressly authorized by this part.
    (b) No person may share, distribute, publish, or otherwise release
any information accessed in the database to any person or individual
who is not directly involved in the hiring decision, unless
specifically authorized by law.
    (c) No requirement in this section or this part prohibits the
Administrator from accessing and using information maintained in the
database for purposes consistent with the oversight authority of the
FAA.

Sec.  111.35  Fraud and falsification.

    No person may make, or cause to be made, any of the following:
    (a) A fraudulent or intentionally false statement in, or a known
omission from, any application or any amendment thereto, or in any
other record or test result reported to the Pilot Records Database in
accordance with the requirements of this part.
    (b) A fraudulent or intentionally false statement in, or a known
omission from, any record or report that is kept, made, or used to show
compliance with this part, or to exercise any privileges under this
chapter.

Sec.  111.40  Fee.

    (a) The fee for processing each request made by an air carrier,
other operator or participating operator, or their designated proxies,
made in accordance with subpart B of this part for an individual
pilot's records maintained in the PRD is established using the
following methodology and published by the Administrator:
    (1) User Fee per Request: (F). Equals
    (2) Annual Cost of Operation and Maintenance of the PRD: (C).
Divided by
    (3) Annual Requests through the PRD: (R).
    [GRAPHIC] [TIFF OMITTED] TP30MR20.002

    (b) The fee required in paragraph (a) of this section must be paid
to the FAA in a form and manner prescribed by the Administrator.
    (c) The fee will be imposed per pilot record accessed in the PRD.
    (d) An individual pilot will not be charged a fee for accessing
his/her record in the PRD.
    (e) An air carrier or other employer will not be charged a fee for
reporting records to the PRD.

Sec.  111.45   Freedom of Information Act (FOIA) Requests.

    (a) Except as provided in paragraph (b) of this section,
information reported to the PRD in accordance with the provisions of
this part is exempt from the disclosure requirements of 5 U.S.C.
552(b)(3)(B).
    (b) Information reported to the PRD in accordance with the
provisions of this part is subject to disclosure as follows:
    (1) De-identified, summarized information may be disclosed to
explain the need for changes in policies and regulations;
    (2) Information may be disclosed to correct a condition that
compromises safety;
    (3) Information may be disclosed to carry out a criminal
investigation or prosecution;
    (4) Information may be disclosed to comply with 49 U.S.C. 44905,
regarding information about threats to civil aviation; and
    (5) Such information as the Administrator determines necessary may
be disclosed if withholding the information would not be consistent
with the safety responsibilities of the FAA.

Sec.  111.50  Record Retention in the PRD.

    (a) All information pertaining to an individual pilot that is
reported for inclusion in the database in accordance with this part
will be maintained in the database until one of the following occurs:
    (1) The FAA receives official notification of an individual pilot's
death, in accordance with paragraph (b) of this section, from the
pilot's next of kin; or

    (2) An FAA audit of the database indicates that 99 years have
passed since the date of birth on record for the individual.
    (b) Any notification submitted to the FAA in accordance with
paragraph (a)(1) of this section must include the following:
    (1) The full name of the pilot as it appears on his or her pilot
certificate;
    (2) The pilot's FAA-issued certificate number; and
    (3) A certified copy of the individual's certificate of death.

Subpart B--Accessing and Evaluating Records

Sec.  111.100   Applicability.

    (a) The requirements of this subpart are mandatory for any person
that:
    (1) Holds an air carrier or operating certificate issued by the FAA
in accordance with part 119 of this chapter and is authorized to
conduct operations under part 121, 125, or part 135 of this chapter;
    (2) Has been issued management specifications to operate in
accordance with part 91 subpart K of this chapter; or
    (3) Has been issued a letter of authorization to conduct air tour
operations in accordance with Sec.  91.147 of this chapter.
    (b) Operators that employ pilots and are subject to the reporting
requirements in subpart C of this part, may also include in the
application for access to the database under Sec.  111.15 a request to
opt in to the requirements of this subpart to assess the qualifications
of an individual in determining whether to hire the individual as a
pilot, provided:
    (1) The application for access to the database for purposes of
evaluating any information maintained in the database is submitted for
approval to the FAA in the form and manner prescribed by the
Administrator;
    (2) Any other operator that requests access to the database in
accordance with this paragraph may be required to submit a new
application or amendment thereto, along with any additional information
that may be requested by the Administrator;
    (3) Any participating operator that is authorized by the
Administrator to access the database in accordance with this paragraph
must comply with Sec.  111.40 and the requirements of this subpart,
with the exception of 111.110, and unless otherwise specified.

Sec.  111.105   Evaluation of pilot records and limitations on use.

    (a) No air carrier or participating operator may permit an
individual to begin service as a pilot, unless the person has evaluated
all relevant information pertaining to that individual in the course of
deciding whether to hire the individual to work as a pilot, including:
    (1) All information pertaining to the individual maintained in the
PRD;
    (2) All information pertaining to the individual obtained from the
chief driver licensing official of each state in accordance with Sec.
111.110, if required; and
    (3) Records related to the individual that are maintained by
another air carrier or other operator in accordance with the provisions
of 49 U.S.C. 44703(h) and subpart E of this part, until such time as
those provisions expire.
    (b) No person may access the database for purposes of retrieving
the information maintained in the database pertaining to an individual,
unless the individual has provided his or her consent in accordance
with Sec.  111.120.
    (c) No person required to access the database for purposes of
evaluating the information maintained in the database regarding an
individual may allow any individual to access the database on its
behalf except as provided in Sec.  111.20.
    (d) Except as provided in subpart D, no person may use any
information pertaining to an individual that is retrieved from the
database for any purpose except to assess whether or not to employ that
individual as a pilot.
    (e) Paragraph (a)(3) of this section will expire on [DATE 2 YEARS
AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER].

Sec.  111.110  Motor vehicle driving record request.

    (a) No air carrier or participating operator may permit an
individual to begin service as a pilot, unless the air carrier or
participating operator has requested and evaluated all relevant
information from the chief driver licensing official of each State,
identified through a National Driver Register (NDR) search concerning
the individual's motor vehicle driving history in accordance with the
following process:
    (1) For each individual the air carrier or participating operator
is considering employing as a pilot, the air carrier must obtain the
written consent of the individual before requesting an NDR search for
the individual's State motor vehicle driving records;
    (2) After obtaining the written consent of the individual, the air
carrier or participating operator must submit a request to the NDR to
determine whether any State maintains relevant records pertaining to
the individual; and
    (3) When the NDR search result is returned--
    (i) If the NDR search result indicates a participating State, as
defined in 49 U.S.C. 30301, maintains records concerning the
individual, the air carrier must submit a request for the relevant
motor vehicle driving records to the chief driver licensing official of
each State identified in the NDR search result; or
    (ii) If the NDR search result does not identify any participating
State maintaining relevant motor vehicle driving record data concerning
the individual, then the air carrier's obligation under this paragraph
is complete.
    (b) The air carrier or participating operator must report to the
PRD, in the form and manner prescribed by the Administrator,
verification that consent was received from the individual to conduct
the NDR record search required in paragraph (a) of this section.
    (c) Verification that compliance with the requirements of this
section has been accomplished must be reported to the PRD in accordance
with Sec.  111.240.
    (d) The air carrier or participating operator must provide to the
Administrator, upon request, documentation to establish that the air
carrier or participating operator has conducted the search required by
paragraph (a) of this section. The air carrier or participating
operator documentation must retain this documentation for five years.

Sec.  111.115  Good faith exception.

    (a) Notwithstanding the provisions of Sec.  111.105, an air carrier
or participating operator may allow an individual to begin service as a
pilot, without first evaluating all records pertaining to the
individual's previous employment as a pilot, only if--
    (1) The air carrier has made a documented good faith attempt to
access the information maintained in the PRD; and
    (2) The air carrier has received notice from the Administrator that
certain information pertaining to an individual's employment history as
a pilot is not contained in the PRD.

Sec.  111.120   Pilot consent and right of review.

    (a) No person may access the PRD for purposes of evaluating the
records pertaining to any individual in the course of deciding whether
to hire the individual to work as a pilot, unless prior to the date of
access, the person has been notified by the Administrator

that the individual whose records the person seeks to access in the
database has provided written consent authorizing the release of his or
her information maintained in the database to that person.
    (b) Except as provided in Sec.  111.110, the individual consent
required in paragraph (a) of this section must be reported to the
database by the individual in accordance with Sec.  111.310 in a form
and manner prescribed by the Administrator.
    (c) Any individual that submits a written consent to an air carrier
or other operator in accordance with Sec.  111.310(b) is entitled to
request a copy of any State motor vehicle driving records obtained by
the prospective employer in accordance with Sec.  111.110. The
prospective employer must provide a response to the individual with
copies of any State motor vehicle driving records obtained within 30
days.

Sec.  111.125  Release from liability.

    (a) Except as provided in paragraph (b) of this section and
notwithstanding any other provision of law or agreement to the
contrary, an air carrier or participating operator may require an
individual, with respect to whom the air carrier must access records in
the database pursuant to this part, to execute a release from liability
for any claim arising from:
    (1) Accessing the individual's records in the database; or
    (2) The use of such records by the air carrier in accordance with
the requirements of this part.
    (b) No air carrier may require any individual with respect to whom
the carrier is accessing records in the PRD to execute a release from
liability for any claim arising from furnishing information known to be
false and maintained in violation of a criminal statute.

Sec.  111.130  Refusal to hire.

    (a) In addition to reasons related to a pilot applicant's
qualifications, an air carrier or participating operator may refuse to
hire an individual as a pilot if:
    (1) The individual did not provide written consent required in
Sec. Sec.  111.110 and 111.120 of this chapter, in the form and manner
prescribed by the Administrator, for the air carrier to receive records
from the PRD or from the chief driver licensing official of any state;
or
    (2) The individual did not execute the release from liability that
may be requested by the air carrier in accordance with Sec.  111.125.
    (b) No action or proceeding may be brought against an air carrier
by or on behalf of an individual who has applied for or is seeking a
position as a pilot with the air carrier if the air carrier refused to
hire the individual pursuant to paragraph (a) of this section.

Sec.  111.135   Duty to maintain privacy and confidentiality of pilot
records.

    Each person authorized to access the database for purposes of
retrieving information pertaining to an individual pilot candidate must
take action to protect the privacy of any individual whose records are
accessed in the database and adequately secure in a normal course of
business the confidentiality of such records retrieved from the
database.

Sec.  111.140  FAA Records.

    No air carrier or participating operator may permit an individual
to begin service as a flight crewmember unless the air carrier or
operator's responsible person has accessed and evaluated all relevant
information pertaining to the following FAA records included in the
PRD:
    (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 title 14, Code of Federal
Regulations.
    (c) Records related to enforcement actions resulting in a finding
by the Administrator of a violation of Title 49 of the United States
Code or a regulation prescribed or order issued under that title that
was not subsequently overturned.
    (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 pre-employment and other Department of
Transportation modal Administration drug and alcohol testing including:
    1. Verified positive drug tests;
    2. Alcohol tests resulting in a confirmed breath alcohol
concentration of 0.04 or greater; and
    3. Refusals to submit to drug or alcohol tests.

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

Sec.  111.200   Applicability.

    This subpart prescribes the requirements for reporting records on
individuals employed as pilots and applies to the following persons:
    (a) Each person that holds an air carrier or operating certificate
issued in accordance with part 119 of this chapter and is authorized to
conduct operations under part 121, 125, or 135 of this chapter;
    (b) Each person that conducts air tour operations pursuant to a
letter of authorization issued in accordance with Sec.  91.147 of this
chapter;
    (c) Each person that conducts operations pursuant to a fractional
ownership program authorized in accordance with subpart K of part 91 of
this chapter;
    (d) Each person that conducts operations with a corporate flight
department, as defined in this part, pursuant to the general operating
and flight rules in part 91 of this chapter;
    (e) Each person that conducts operations of public aircraft; and
    (f) The trustee in bankruptcy of an air carrier or operator
described in this paragraph.

Sec.  111.205   General.

    (a) Each air carrier and operator must report the information
required by this subpart for an individual employed as a pilot
beginning on the PRD date of hire for that individual.
    (b) Each air carrier and operator must report the following
information for each individual employed as a pilot:
    (1) All relevant records described in Sec. Sec.  111.215 through
111.240 generated by the air carrier or other operator on or after
[DATE 1 YEAR AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER];
and
    (2) The historical records addressed in Sec.  111.265.
    (c) No person may enter, or cause to be entered, into the database
any information covered in Sec.  111.245.

Sec.  111.210   Format for reporting information.

    Each air carrier and other operator must report to the database all
records required by this subpart for each individual employed as a
pilot in the form and manner prescribed by the Administrator.

Sec.  111.215   Drug and alcohol testing records.

    (a) Each air carrier and other operator required to comply with
part 120 of this chapter must report to the database the following
records concerning drug and alcohol testing for each individual pilot
employed by that air carrier or other operator in the form and manner
prescribed by the Administrator:
    (1) Records concerning drug testing, including--
    (i) Any drug test result verified positive, adulterated,
substituted, or

otherwise non-negative by a Medical Review Officer, which must be
retained by the Medical Review Officer and employer in accordance with
Sec.  120.111(a)(1) of this chapter;
    (ii) Any refusal to submit to drug testing, which must be retained
by the employer in accordance with 49 CFR 40.333(a)(1)(iii); and
    (iii) All follow-up drug test results, verified by a Medical Review
Officer, which must be retained by the Medical Review Officer and
employer in accordance with 49 CFR 40.333(a)(1)(v).
    (2) Records concerning alcohol testing, including--
    (i) A test result with a confirmed breath alcohol concentration of
0.04 or greater, which must be retained by the employer in accordance
with Sec.  120.219(a)(2)(i)(B) of this chapter;
    (ii) Any result pertaining to an occurrence of on-duty alcohol use,
pre-duty alcohol use, or alcohol use following an accident, which must
be retained by the employer in accordance with Sec.  120.219
(a)(2)(i)(B) of this chapter;
    (iii) Any refusal to submit to alcohol testing, which must be
retained by the employer in accordance with 49 CFR 40.333(a)(1)(iii);
and
    (iv) All follow-up alcohol test results, which must be retained by
the employer in accordance with 49 CFR 40.333(a)(1)(v).
    (b) Each drug or alcohol test result that must be reported to the
database in accordance with paragraph (a) of this section must include
the following information in the form and manner prescribed by the
Administrator:
    (1) The type of test administered;
    (2) The date the test was administered; and
    (3) The result of the test.

Sec.  111.220   Training, qualification and proficiency records.

    (a) Each air carrier and other operator must report to the PRD in a
form and manneracceptable to the Administrator, the following records
for each individual employed as a pilot:
    (1) Records documenting an individual's compliance with FAA-
required training, qualifications, and proficiency events, which are
kept pursuant to Sec. Sec.  91.1027(a)(3), 121.683, 125.401 or
135.63(a)(4) of this chapter, as applicable, including any comments and
evaluations made by a check pilot; and
    (2) Other records the air carrier maintains documenting an
individual's compliance with FAA or employer-required training,
checking, testing, currency, proficiency, or other events related to
pilot performance concerning the training, qualifications, proficiency,
or professional competence of the individual, including any comments
and evaluations made by a check pilot.
    (b) No person may report any of the following information for
inclusion in the database:
    (1) Records related to flight time, duty time and rest time.
    (2) Records demonstrating compliance with physical examinations or
any other protected medical records.
    (3) Records documenting aeronautical 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 all of the following information in
the form and manner prescribed by the Administrator:
    (1) Date of the event;
    (2) Aircraft type;
    (3) Duty position of the pilot;
    (4) Training program approval part and subpart of this title, as
applicable;
    (5) Crewmember training/qualification curriculum and category as
reflected in either a FAA-approved or employer-mandated training
program;
    (6) Result of the event (satisfactory or unsatisfactory, and, if
unsatisfactory, a brief comment explaining the basis for the
unsatisfactory result); and
    (7) Comments of check pilot, if applicable under subpart K of part
91, part 121, part 125, or part 135 of this chapter.

Sec.  111.225  Final disciplinary action records.

    (a) Except as provided in paragraph (b) of this section, each air
carrier and other operator must report to the database, in a form and
manner acceptable to the Administrator, any final disciplinary action
record pertaining to pilot performance with respect to an individual
employed as a pilot.
    (b) No person may report to the database any record of disciplinary
action that was subsequently overturned as a result of any one of the
following:
    (1) A settlement agreement between the employer and the pilot or
the pilot's representative;
    (2) The official decision or order of any panel or individual given
authority to review employment disputes, or by any court of law; or
    (3) Other mutual agreement of the employer and the pilot.
    (c) Whenever an air carrier or other operator receives notice that
any disciplinary action record, which has been reported to the database
under paragraph (a) of this section, was overturned, the air carrier or
other operator must request a correction to the pilot's PRD record in
accordance with Sec.  111.255.
    (d) Each final disciplinary action record that must be reported to
the database in accordance with paragraph (a) of this section must
include the following information in the form and manner prescribed by
the Administrator:
    (1) The type of disciplinary action taken by the employer,
including written warning, suspension, or termination;
    (2) The date the corrective action occurred; and
    (3) A brief summary of the event resulting in corrective action.

Sec.  111.230  Records concerning separation of employment.

    (a) Except as provided in paragraph (b) of this section, each air
carrier and other operator must report to the PRD, in a form and manner
acceptable to the Administrator, the following records for each
individual employed as a pilot:
    (1) Records concerning release from employment kept pursuant to
Sec. Sec.  91.1027(a)(3), 121.683, 125.401 or 135.63(a)(4) of this
chapter; and
    (2) Records pertaining to pilot performance kept concerning a
release from employment or resignation, termination or professional
disqualification with respect to employment for each pilot that it
employs.
    (b) No person may report to the database any record regarding
separation from employment that has been overturned as a result of any
one of the following:
    (1) A settlement agreement between the employer and the pilot;
    (2) The official decision or order of any panel or individual given
authority to review employment disputes, or by any court of law; or
    (3) Other mutual agreement of the employer and the pilot.
    (c) Whenever an air carrier or other operator receives notice that
any separation from employment record, which has been reported to the
database under paragraph (a) of this section, was overturned, the air
carrier or other operator must request a correction to the pilot's PRD
record in accordance with Sec.  111.255.
    (d) Each separation from employment action record that must be
reported to the database in accordance with paragraph (a) of this
section must include the following information in the form and manner
prescribed by the Administrator:
    (4) The type of separation from employment, which could include:
resignation, termination, physical (medical) disqualification,
professional disqualification, furlough, extended leave, or retirement;

    (5) The date of separation from employment; and
    (6) For termination or professional disqualification, a brief
summary of the event resulting in separation from employment.

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

    (a) Each air carrier or participating operator subject to the
requirements of subpart B of this part must report to the PRD, in a
form and manner acceptable to the Administrator, verification that the
requirements in Sec.  111.110 have been met.
    (b) No person may report any substantive information from the state
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
pertains to a safety event, that was reported by any individual as part
of an Aviation Safety Action Program (ASAP) or any other 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  Duty to report records promptly.

    (a) Except as provided in Sec.  111.260 and subpart E for reporting
historical records to the PRD, all records created on or after [DATE 1
YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER] and required
to be reported to the database under this subpart must be reported to
the PRD promptly.
    (b) For purposes of this section, a record will be considered as
having been reported promptly if the record is submitted to the FAA
within the following timeframe for the type of record submitted--
    (1) PRD Hire Date. Within 30 days of the PRD Hire Date.
    (2) Date Individual Begins Service as a Pilot. Within 30 days of
beginning service.
    (3) Training, Qualification and Proficiency Records. Within 30 days
of record creation.
    (4) Drug and Alcohol Testing. Notwithstanding the requirements of
Sec. Sec.  120.113(d)(3) and 120.221(c), within 30 days of the
following, as applicable:
    (i) The date a drug test result is verified by the Medical Review
Officer;
    (ii) The date an alcohol test result is confirmed by the Breath
Alcohol Technician; or
    (iii) The date of the refusal to submit to testing.
    (5) Disciplinary Actions.
    (i) Each air carrier and other operator must report records of
final disciplinary actions no later than 30 days after the disciplinary
action is considered final under Sec.  111.225.
    (ii) If any final disciplinary action is overturned after the
information has been reported to the PRD, the air carrier or other
operator must submit a request for correction in accordance with Sec.
111.255 within 10 days after the disciplinary action is overturned.
    (6) Release from Employment.
    (i) Each air carrier and other operator must report any release
from employment or resignation, termination, or disqualification with
respect to employment of an individual no later than 30 days after the
date of release from employment.
    (ii) If any decision regarding release from employment is
overturned after the information has been reported to the PRD, the air
carrier or other operator must submit a request for correction in
accordance with Sec.  111.255 within 10 days after the decision to
reinstate the pilot.
    (7) Verification of Motor Vehicle Driving Record Search and
Evaluation. Within 45 days of PRD Date of Hire.
    (8) Other Records Pertaining to Pilot Performance. Within 30 days
of record creation.

Sec.  111.255  Requests for correction of reported information.

    (a) An air carrier or other operator that discovers an error or
inaccuracy in information previously reported to the PRD must submit a
request for correction in a form and manner acceptable to the
Administrator.
    (b) Requests for correction must be submitted to the database
within 30 days of discovering the error or inaccurate information.

Sec.  111.260   Direct disputes.

    (a) Each air carrier or other operator that employs pilots must
have a documented process for resolving disputes with respect to
information documented in the PRD.
    (b) Each air carrier and other operator that employs pilots must
respond in a reasonable amount of time to any dispute made by an
individual which it has employed as a pilot with respect to information
documented in the PRD.
    (c) Each air carrier and other operator must conduct a reasonable
investigation of any dispute made by an individual pilot in accordance
with paragraph (a) of this section and Sec.  111.320.
    (d) The resolution of any dispute made by an individual pilot in
accordance with paragraph (a) of this section and Sec.  111.320 must be
documented in the PRD by the air carrier or other operator.

Sec.  111.265  Historical record reporting.

    (a) Except as provided in paragraph (b) of this section, each
person subject to the provisions of this subpart must comply with the
requirements in subpart E of this part regarding continued compliance
with PRIA and reporting of historical records to the PRD.
    (b) Persons conducting operations of a corporate aircraft fleet
pursuant to the general operating and flight rules in part 91 of this
chapter are not required to comply with this section or subpart E of
this part.

Sec.  111.270   Reporting by trustee in bankruptcy.

    (a) If any air carrier or other operator subject to the
requirements of this part files a petition for protection under the
Federal bankruptcy laws, the trustee appointed by the bankruptcy court
must comply with all reporting requirements of subpart C and subpart E
of this part applicable to the air carrier or other operator.
    (b) The air carrier or other operator may delegate its authority to
the trustee appointed by the bankruptcy court to access the database on
its behalf in accordance with Sec.  111.20 or the trustee may submit an
application to the FAA requesting access to the database consistent
with the requirements of Sec.  111.15.

Subpart D--Pilot Access and Responsibilities

Sec.  111.300   Applicability.

    This subpart applies to:
    (a) Any individual who holds an airline transport or commercial
pilot certificate under part 61 of this chapter or a remote pilot
certificate under part 107 of this chapter; or
    (b) Any individual who is employed as a pilot by an operator of a
public aircraft.

Sec.  111.305  Application for database access.

    (a) Any pilot may request electronic access to the PRD by
submitting an application to the FAA in the form and manner acceptable
to the Administrator for one or more of the following purposes:
    (1) To review and obtain a copy of his or her own comprehensive PRD
record;
    (2) To give consent to a particular air carrier or participating
operator to access his or her comprehensive PRD record; or
    (3) To exercise 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 as well as any
additional information that may be requested by the Administrator in
order to verify the identity of the pilot requesting access to the
database:
    (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 U.S. mailing address and telephone number; and
    (4) A valid electronic mail address.
    (c) The application required in paragraph (a) of this section must
be submitted at least 7 days before the pilot seeks to access the PRD
for any authorized purpose.
    (d) Credentials issued by the FAA to any pilot based on application
submitted in accordance with this section are subject to renewal,
cancellation, and denial of access by the Administrator in accordance
with Sec.  111.25.

Sec.  111.310   Written consent.

    (a) Before any air carrier or participating operator may access an
individual's records in the PRD for purposes of retrieving information
for compliance with subpart B of this part, the individual must apply
for access to the PRD in accordance with Sec.  111.305 and provide
written consent to the FAA, in the form and manner acceptable to the
Administrator, that authorizes the Administrator to release his or her
records maintained in the database to the particular air carrier or
participating operator.
    (b) Before any air carrier or participating operator may submit 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 to the air carrier or participating operator in the
form and manner acceptable to the Administrator.

Sec.  111.315  Pilot right of review.

    (a) Once a pilot has been issued credentials by the FAA to access
the PRD based on an approved application submitted to the FAA in
accordance with Sec.  111.305, the pilot may access the database at any
time to review all records pertaining to him or her that have been
reported to the PRD (including airman certification information
reported by the Administrator) and to submit the written consent
required in accordance with Sec.  111.310(a).
    (b) Any pilot who submits written consent to an air carrier or
other operator in accordance with Sec.  111.310(b) may request a copy
of any State motor vehicle driving records obtained by the prospective
employer in accordance with Sec.  111.110. The prospective employer
must provide a response within 30 days of receiving the pilot's
request.

Sec.  111.320  Reporting errors and requesting corrections.

    (a) Notwithstanding any other provision of law or agreement, the
Administrator, upon receipt of written request from an individual must
provide the individual with a reasonable opportunity to submit written
comments to correct any inaccuracies contained in the records.
    (b) Any pilot who identifies an error or inaccuracy in his or her
records maintained in the PRD must submit a notice and request for
correction to the person that reported the erroneous information to the
PRD. If the information disputed was reported by an air carrier or
other operator, the dispute must be made with that person in accordance
with the person's established policies and procedures required in
accordance with Sec.  111.255.
    (c) Any pilot who identifies an error or inaccuracy in his or her
FAA data in the database must report the error or inaccuracy to the FAA
in the form and manner acceptable to the Administrator consistent with
the requirements of the Privacy Act.
    (d) If a pilot believes a particular record reported to the PRD by
any person that has employed the individual or reported by the
Administrator is erroneous or inaccurate, the pilot may request, in the
form and manner acceptable to the Administrator, that the Administrator
enter a notation into the individual's PRD record indicating that
certain information pertaining to the individual in the database has
been disputed by the pilot.

Subpart E--Compliance With PRIA--Transition to PRD

Sec.  111.400  Applicability.

    (a) This subpart addresses the continuing obligations of air
carriers and other operators subject to the requirements of PRIA, and
identified in paragraph (b) of this section, until full compliance has
been achieved with subparts A through C of this part by each air
carrier and other operator.
    (b) Except as provided in paragraph (c) of this section, this
subpart applies to the following persons:
    (1) Each certificate holder authorized to conduct operations under
part 121 of this chapter;
    (2) Each certificate holder authorized to conduct operations under
part 135 of this chapter;
    (3) Each certificate holder authorized to conduct operations under
part 125 of this chapter;
    (4) Each person that conducts air tour operations pursuant to a
letter of authorization issued in accordance with Sec.  91.147 of this
chapter;
    (5) Each person that conducts operations pursuant to a fractional
ownership program approved in accordance with subpart K of part 91 of
this chapter;
    (6) Each person that conducts public aircraft operations; and
    (7) The trustee in bankruptcy of any air carrier or other operator
described in this paragraph.
    (c) This subpart does not apply to any new entrant air carrier or
other operator that initiates aircraft operations on or after [DATE 2
YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER].

Sec.  111.405  Continued compliance with PRIA required.

    Until [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN
FEDERAL REGISTER], each air carrier or other operator described in
Sec.  111.400(b) must continue to make a good faith effort to comply
with all applicable requirements of PRIA at 49 U.S.C. 44703(h).

Sec.  111.410   Duty to request and evaluate records.

    (a) Until [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE
IN FEDERAL REGISTER], each air carrier must make a good faith effort to
request and receive records in accordance with the requirements of PRIA
at 49 U.S.C. 44703(h) if the historical records pertaining to the
pilot's previous employment with an entity are not available in the
PRD.
    (b) Once the records have been obtained in accordance with
paragraph (a) of this section, the air carrier or other operator must
evaluate the records before allowing any individual to begin service as
a pilot.

Sec.  111.415   Duty to furnish records.

    Until [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL RULE IN
FEDERAL REGISTER], at the request of a hiring air carrier and with the
prior written consent of the pilot applicant, each air carrier and
other operator must furnish to the hiring air carrier any records
maintained in accordance with PRIA under 49 U.S.C. 44703(h), which have
not been reported to the PRD pursuant to Sec.  111.265.

Sec.  111.420  Duty to report historical records to PRD.

    (a) Air carriers must report to the PRD all historical records kept
in accordance with 49 U.S.C. 44703(h)(4), dating from August 1, 2005,
up to [DATE 1 YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER]
in the form and manner prescribed by the Administrator.
    (b) Operators employing pilots, except as provided in paragraph (c)
of this section, must report to the PRD all historical records kept in
accordance with 49 U.S.C. 44703(h)(4), dating from August 1, 2010 up to
[DATE 1 YEAR AFTER PUBLICATION OF FINAL RULE IN FEDERAL REGISTER] in
the form and manner prescribed by the Administrator.
    (c) Persons conducting operations pursuant to the general operating
and flight rules in part 91 of this chapter are not required to comply
with this section.
    (d) All historical records required to be reported to the PRD in
accordance with paragraphs (a) and (b) of this section must be reported
to the PRD no later than [DATE 2 YEARS AFTER PUBLICATION OF FINAL RULE
IN FEDERAL REGISTER].
    (e) All historical records required to be reported to the FAA for
inclusion in the PRD in accordance with paragraph (a) and (b) of this
section must be maintained by the air carrier or other operator for at
least five years after the records have been reported to the PRD,
notwithstanding other applicable rules or regulations pertaining to
retention of such records.

Sec.  111.425   Discontinued compliance with PRIA.

    Beginning on [DATE 2 YEARS AND 90 DAYS AFTER PUBLICATION OF FINAL
RULE IN FEDERAL REGISTER], air carriers or other operators employing
pilots may no longer comply with the provisions of 49 U.S.C. 44703(h).
Exclusive compliance with Subparts A-D of Part 111 is required.

Sec.  111.430   Expiration of subpart.

    This subpart sunsets on [DATE 7 YEARS AND 90 DAYS AFTER PUBLICATION
OF FINAL RULE IN FEDERAL REGISTER].

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
5. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40119,
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348
(49 U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732
note).

0
6. Amend Sec.  121.683 by adding new paragraph (d) to read as follows:

Sec.  121.683   Crewmember and dispatcher record.

* * * * *
    (d) Each certificate holder authorized to conduct operations in
accordance with this part is subject to the Pilot Records Database
requirements applicable to air carriers in part 111 of this chapter and
must achieve compliance in accordance with the applicable timelines in
that part.

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
7. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.

0
8. Amend Sec.  125.401 by adding new paragraph (d) to read as follows:

Sec.  125.401   Crewmember record.

* * * * *
    (d) Each certificate holder authorized to conduct operations in
accordance with this part is subject to the Pilot Records Database
requirements applicable to operators that employ pilots in part 111 of
this chapter and must achieve compliance in accordance with the
applicable timelines in that part.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
9. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113,41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
10. Amend Sec.  135.63 by adding paragraphs (e) to read as follows:

Sec.  135.63   Recordkeeping requirements.

* * * * *
    (e) Each certificate holder authorized to conduct operations in
accordance with this part is subject to the Pilot Records Database
requirements applicable to air carriers in part 111 of this chapter and
must achieve compliance in accordance with the applicable timelines in
that part.

    Issued under authority provided by 49 U.S.C. 106(f), 106(g)
44701(a), and 44703 in Washington, DC, on March 3, 2020.
Rick Domingo,
Executive Director, Flight Standards Service.
[FR Doc. 2020-04751 Filed 3-27-20; 8:45 am]
 BILLING CODE 4910-13-P