2120-Light Sport NPRM-revision

Supporting Statement

Certification of Aircraft and Airmen for the Operation of Light‑Sport Aircraft; Modifications to Rules for Sport Pilot and Flight Instructor with a Sport Pilot Rating; Notice of Proposed Rulemaking

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating and authorizing the collection of information.

Currently FAA regulations (§91.327 (b)(4)) specify that no person may operate an aircraft that has a special airworthiness certificate in the light-sport category unless the owner or operator complies with each safety directive applicable to the aircraft that corrects an existing unsafe condition. Although owners and operators must comply with these safety directives, there currently is no requirement to retain a record of the current status of applicable safety directives or transfer that information at the time of sale of the aircraft.

Without a requirement to retain and transfer this information, owners, operators, and FAA safety inspectors are not be able to easily determine whether maintenance actions critical to flight safety have been accomplished on special light-sport aircraft. The FAA is therefore proposing to amend its regulations (§91.417 (a)(2)(v)) to require owners or operators to retain these records.

This change would promote the goal of safety.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information would be used by FAA safety inspectors in determining whether required maintenance actions were accomplished on aircraft. The information would also be used when investigating accidents.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses and the basis for the decision for adopting this means of collection.

The information would not be submitted to the FAA either electronically or otherwise. Rather, the owner or operator of a previously owned aircraft would retain the record of the current status of applicable safety directives and make it available to the FAA upon request.

4. Describe efforts to identify duplication. Show specifically why any similar information already available can be used for the purpose described in Item 2 above.

Since the FAA does not maintain records of the current status of applicable safety directives on file, an FAA safety inspector would not have access to the information other than by requesting the owners and operators to show it upon request.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The record maintenance requirement would not impact small businesses.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

There would be no regular schedule for information collection. FAA inspectors would need access to the records only on a case-by-case basis.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with 1320.5(d)(2)(i)-(viii).

Not applicable.

8. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any) and on data elements to be recorded, disclosed, or reported.

The FAA published a Notice of Proposed Rulemaking (NPRM) to seek public comment on April 15, 2008, vol. 73, no. 73, page 20181. The comment period will conclude on August 15, 2008, at which point all comments received will be evaluated.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

Not applicable.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

It is not necessary to provide assurance of confidentiality to respondents. The information would be necessary only to FAA inspectors. Section 91.417 currently requires similar recordkeeping (approved under 2120-0005). The NPRM would simply add “safety directives” to the kinds of records required to be maintained. The proposed amendment is underlined below:

§91.417 Maintenance records.

(a) * * *

(2) * * *

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

* * * * *

11. Provide additional justification for any questions of a sensitive nature.

Not applicable. No questions of a sensitive nature are contained in records of the current status of applicable safety directives.

12. Provide estimates of hour burden of the collection information. This information should: Provide number of respondents, frequency of response, annual burden, and an explanation of how the burden was estimated.

The proposed rule would require owners and operators of SLSA to save and transfer the current status of applicable safety directives for SLSA. There are currently 927 registered SLSA (expected to increase by 75 aircraft every 2 years). However, the FAA does not know the numbers of owners and operators. The FAA expects the number of owners and operators to be fewer than 927.

Currently, there is no requirement for owners and operators to retain a record of the current status of applicable safety directives or to transfer that information at the time of sale of the aircraft. It is expected that the time spent complying with this requirement would be 2 hours per year.

The total hour burden is computed as follows:

Year	Number of SLSA Aircraft	Hours Per Aircraft	Total Hour Burden
2008	927	2	1854
2009	927	2	1854
2010	1002	2	2004
2011	1002	2	2004
2012	1077	2	2154
2013	1077	2	2154
2014	1152	2	2304
2015	1152	2	2304
2016	1227	2	2454
2017	1227	2	2454
Total			21540
Average			2154

13. Provide estimates of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.

As shown in Block 12, the hour burden is 2,154 hours per year, or 21,540 hours over 10 years. Assuming the value of the owner or operator’s time is $31.50 per hour, the total cost burden would be $678,510 ($467,646 discounted).

14. Provide estimates of annualized cost to the Federal government.

There would be no annualized cost to the federal government. The FAA is not involved in carrying out this requirement; thus, there would be no significant expenditure of time by a federal employee resulting from this requirement.

15. Explain reasons for program changes or adjustments reported in Items 13 or 14 of OMB Form 83-I.

This is a new collection; therefore it is a program change.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used.

Not applicable. Results would not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

Not applicable.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.

No exceptions.

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