2120-0056 2015

6

OMB No. 2120-0056

REPORT OF INSPECTION REQUIRED BY

AIRWORTHINESS DIRECTIVES

Title 14, CFR part 39

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.

Title 49 United States Code, Subtitle VII - Aviation Programs encourages the development of civil aeronautics, and promotes safety in air commerce.

Sections 44701 and 40113(a) of the Code empower the Secretary of Transportation, or the Administrator of the Federal Aviation Administration (FAA) to issue the rules and regulations they think necessary to carry out this Act. The Secretary or Administrator issue regulations and minimum standards governing the:

1. Inspection, servicing, and overhaul of aircraft, aircraft engines, propellers and appliances;

2. Equipment and facilities for such inspection, servicing and overhaul. This includes examinations and reports by qualified private persons. The Secretary of Transportation may accept their examinations and reports instead of those made by Department of Transportation (DOT) or FAA officers and employees.

Section 44702 of the Code empowers the Secretary of Transportation or FAA Administrator to issue an airworthiness certificate when the FAA finds that an aircraft conforms to the type certificate and is in condition for safe operation. An airworthiness directive (AD) amends an airworthiness certificate.

Title 14 CFR part 39, Airworthiness Directives (AD), authorized by §§ 40113(a), 44701, and 44702 of the Code, prescribes how we issue ADs. One of the FAA’s primary functions is to require the correction of an unsafe condition discovered in aircraft or aircraft parts bearing an airworthiness certificate issued by us. Each aircraft coming off the assembly line must receive an airworthiness certificate indicating that it is safe for civil use.

The FAA issues ADs when an unsafe condition is discovered on a specific aircraft type. If the condition is serious enough and we need more information to develop corrective action, we may require specific information from aircraft owners/operators. If it is necessary for the aircraft manufacturer or airworthiness authority to evaluate the information, we will instruct owners/operators to send the information to them.

We may also require reports if the unsafe condition results from manufacturing quality control problems. We need these reports to determine the scope of the problem and how adequate the manufacturer's corrective actions are. Each reporting situation is unique.

This information supports the Department of Transportation’s strategic goal---to promote the public health and safety by working toward eliminating transportation-related deaths and injuries.

2. Indicate how, by whom, and for what purpose the information is to be used and consequence(s) to Federal program or policy activities if the collection of information is not conducted.

The Administrator uses ADs to notify aircraft owners and operators that an unsafe condition exists. ADs prescribe the conditions, limitations, or both, under which the product may continue to be operated.

The Aircraft Certification Office (ACO) in the FAA directorate initiating the AD analyzes the reports and determines if the AD’s corrective action will eliminate the unsafe condition. If not, the ACO issues a new AD to correct the unsafe condition.

To date, we have no other method for collecting this information. If we do not collect it by issuing an AD, we must conduct a directed safety investigation. This is a burden on both the FAA and the owner/operator.

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. Also, describe any consideration of using information technology to reduce the burden.

Following the Government Paperwork Elimination Act (GPEA), we use e-mail and the Internet for corresponding with industry, accepting their 100% electronic submission of information. How to send the information to us, however, is up to owners and operators. We cannot mandate electronic submission of reports, because some of the affected parties are small businesses and/or individuals lacking electronic/Internet communication.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

Only the FAA issues ADs. Each AD is unique and concerns a specific condition. We have no other way to require reports of information. The information we collect is only available from the owner/operator whose aircraft or aircraft product is inspected, modified, or repaired under an AD that applies to it.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-1, describe any methods used to minimize burden.

While we cannot predict exactly who will be affected by an AD, only a few ADs include a reporting requirement, and that happens only when we need more information to determine if the corrective action is adequate. We make every effort to minimize the burden on small businesses or other small entities, including our preparation of a Regulatory Flexibility Act analysis for non-emergency ADs.

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 the burden.

We keep the information collection requirement to a minimum because we search our own databases and work with the manufacturer first before issuing an AD. We ask for reports only when we need more information. The technical and legal obstacles to reducing the burden are:

1. We will not obtain needed technical data in an emergency when safety is at risk, and

2. We cannot carry out our responsibilities under Title 49 §§ 40113(a) and 44701.

As we stated before, the only other way to collect information is through a directed safety investigation, at a substantial cost to us and an increased burden on the owner/operator.

7. Explain any special circumstances that cause an information collection to be conducted in a manner that is inconsistent with 5 CFR 1320.5(d)(2)(i)-(viii):

We collect information following Title 5 CFR §1320.5(d)(2)(i)-(viii) with one exception: the time a record is maintained. In our procedure, Airworthiness Directives are regulations issued under 14 CFR Part 39, and no person may operate a product unless all applicable ADs have been complied with. Compliance with ADs must be recorded in the aircraft maintenance log. The aircraft maintenance log shows proof of compliance with ADs, and is retained and transferred with the aircraft at the time the aircraft is sold.

8. Provide a citation of the FEDERAL REGISTER document soliciting comments on the conduct of the collection of information, a summary of all public comments responding to the notice, and a description of the agency’s actions in response to the comments.  Describe efforts to consult with persons outside the agency to obtain their views.

We request a continuation of OMB approval of the 14 CFR Part 39 information collection burden. Per OMB’s request, this collection is being converted to a generic information collection request, which will require FAA to submit individual ADs to OMB for approval prior to their release.

While preparing this request to renew the information collection, a notice was published in the Federal Register on December 4, 2014, vol. 79, no. 233, page 72054 seeking comments on the burden. One comment was received. The Aeronautical Repair Station Association (ARSA) requested that the OMB approval be withdrawn. We disagree with the request to withdraw OMB approval. The FAA needs the reporting information for safety in order to determine the scope of a problem and the adequacy of corrective actions. ARSA further stated the following:

1. Accuracy of the estimated burden is inaccurate and incorrect.

We disagree with the commenter. The estimated burden of 5 minutes is associated with the amount of time to prepare the inspection record.

2. Both the time and number of respondents are vastly under estimated.

We partially agree. The applicability of each AD is unique and as such, the number of respondents affected varies with each AD.

3. The unique type of activity involved requires that each specific information collection contained within an AD be subject to individual review and approval by OMB.

We agree that each AD specifying a reporting requirement is unique. The previous OMB approval process allowed a blanket OMB approval for all ADs. The proposed conversion to a generic approval will require individual AD approval by OMB.

4. Individual review of each information collection within an AD would help identify specific instances where the burden is unnecessary or overly cumbersome.

We partially agree. With the proposed generic OMB approval process, a review of each reporting requirement in an AD would help identify specific instances where the burden is overly cumbersome. However, it’s the FAA’s determination, in the interest of safety, whether the reporting requirement is necessary.

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

We do not provide any payment or gifts to respondents.

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

We give respondents no assurance of confidentiality.

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

There are no sensitive questions.

12. Provide estimates of the hour burden of the collection of information.

We estimate that 33 ADs yearly will require reports of information and findings. The average AD affects about 1,120 owners/operators. Therefore, 33 ADs times 1,120 owners/operators per year equals 36,960 reports. These reports, requiring an average of 5 minutes each to prepare, consume 3,080 reporting hours. The 5-minute preparation time remains the same as in our last submission.

The total annualized cost to respondents is $261,800. We base this on the 3,080 reporting hours times an estimated hourly rate of $85/hour per respondent. The average cost to the respondents per AD per year is $7.08 ($261,800 divided by 36,960).

The information collection burden is a reporting burden only. AD record keeping is covered as follows: Title 14 §§ 43.9, 43.11, and 91.417 require each registered owner/operator to keep records regarding the work performed on each aircraft. The records must include the current status of applicable ADs including, for each, the method of compliance, AD number, and the revision date. If the AD requires future actions, the owner/operator must record the time and date the next action is required. The record-keeping burden of ADs is covered and approved in reports 2120-0005 (14 CFR part 91), and 2120-0020 (14 CFR part 43).

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information.

There are no additional costs not already included in Item 12 above.

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

The total estimated annual cost to the Federal government is $560,920. We determined this cost based on time required by FAA certification engineers to review the inspection reports.

The annual estimate of 36,960 reports requires an average of 15 minutes each to review, totaling 9,240 total hours. At $58/hour (an average engineer’s pay) the total annual salary cost to the Federal government is $535,920. The estimated annual operational and support cost to review the report is $25,000. Adding this, the total annual cost to the Federal government is $560,920.

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

There is no change to the burden from the previous submission period in 2013. The Office of Management and Budget has requested that this collection be converted to a generic information collection request, requiring each individual AD with reporting requirements to be reviewed and approved by OMB before it can be issued to the public.

16. For collection of information whose results will be published, outline plans for tabulation and publication.

We have no plans for statistical use, and/or publication of this information.

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.

We do not seek approval to not display the expiration date of the OMB approval.

18. Explain each exception to the certification statement identified in Item 19.

There are no exceptions.