2120-0698 2008

Supporting Statement

Advisory Circular (AC): Reporting of Laser Illumination of Aircraft

2120-0698

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.

The Federal Aviation Administration (FAA) is taking steps to address the unauthorized illumination of civilian aircraft by lasers. The Advisory Circular (AC) provides guidance to civilian air crews on the reporting of laser illumination incidents and recommended mitigation actions to be taken in order to ensure continued safe and orderly flight operations.

The FAA has the authority to regulate the safe and efficient use of navigable airspace (Title 49 U.S.C., Section 40103, Sovereignty and Use of Airspace, and the Public Right of Transit), and also has the authority to protect the flight of civil aircraft in air commerce (Title 49 U.S.C., Section 44701(a)(5)).

The FAA has promulgated the AC in response to the recent, increasing incidents of unauthorized illumination of civil aircraft by lasers, as well as the proliferation and increasing sophistication of laser devices available to the general public and other parties. The FAA and studies from other governmental entities indicate that the exposure of aircrews to laser illumination may cause hazardous effects which could adversely affect the ability of air crews to carry out their responsibilities.

This collection activity supports the Department of Transportation strategic 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.

This information will be collected from pilots and aircrews that are affected by an unauthorized illumination by lasers. The requested reporting involves an immediate broadcast notification to Air Traffic Control (ATC) when the incident occurs, as well as a broadcast warning of the incident if the aircrew is flying in uncontrolled airspace. In addition, the AC requests that the aircrew supply a written report of the incident and send it by fax or email to the Washington Operations Control Complex (WOCC) as soon as possible.

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.

In compliance with the Government Paperwork Elimination Act (GPEA) the FAA is working to allow for the 100% electronic dissemination and collection of the required form via the Internet and email.

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.

There is no duplication of the collected information.

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

There is no significant impact on 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.

The information is collected in order to minimize the impact of unauthorized laser illumination of aircraft. Without this information, the immediate warning and caution to other nearby aircraft would be impossible, as would the long-term study and mitigation of the problem.

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).

There are no special circumstances that would cause the collection to be inconsistent with 1320.5(d)(2)(i)-(viii).

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.

In order to inform the public of the importance of this collection activity, the Advisory Circular covering this collection was published in the Federal Register on January 19, 2005, and a televised press conference by The Secretary of Transportation was given on January 12, 2005.

Also, a notice was published in the Federal Register soliciting public comment on May 14, 2008, vol. 73, no. 94, pages 27885-27886. No comments were received. A copy is attached for your convenience.

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

There is no payment, gift, or compensation to the respondents.

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

Confidentiality is neither guaranteed nor required.

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

There are no questions of a sensitive nature.

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.

We estimate that the time required for the initial and cautionary broadcasts is a total of 15 minutes. At an estimated 300-400 responses per year, the total is 100 hours annually.

We estimate that the time required for the submission of the written report after the flight is a total of 15 minutes. At an estimated 300-400 responses per year, the total is 100 hours annually.

The total estimated hourly burden per year is 100 hours.

The cost associated with the written portion of the submission, at approximately $35 per hour, times 100 hours, is $3500 per year.

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

There are no costs not already covered in item #12.

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

We estimate that the required time for receipt and finalization of documents to be 18 minutes. Anticipate an average of 300-400 reports per year.

The estimated annualized cost to the Federal Government is $2,400.00 per year at $20 per hour, times 120 hours.

15. Explain reasons for program changes or adjustments reported in Items 13 or 14 of OMB Form 83-1.

There are no changes from the previous submission.

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.

The results will 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.

Approval is not requested to not display the expiration date on the form.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-1.

There are no exceptions.

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