The agency
corrected its burden estimates and clarified that the UAS registry
will be searchable by registration number.
Inventory as of this Action
Requested
Previously Approved
06/30/2016
6 Months From Approved
3,793,666
0
0
234,950
0
0
0
0
0
This information collection is
submitted to the Office of Management and Budget (OMB) to request a
three-year approval clearance for the information collection
entitled Small Unmanned Aircraft Registration System (sUAS System).
The information collected as part of the small unmanned aircraft
registration system will identify to the FAA those persons owning
small unmanned aircraft, whether the intended use is as a model
aircraft, or as other than a model aircraft. It will also allow the
FAA to provide those persons with educational materials regarding
safety of flight in the national airspace system to promote greater
accountability and responsibility of these new users of the
national airspace system.
The following
justification is from the "Good Cause" section of the IFR. This ICR
supports the immediate implementation of the IFR. Section
553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures
for rules when the agency for “good cause” finds that those
procedures are “impracticable, unnecessary, or contrary to the
public interest.” Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. The Secretary and the Administrator recently affirmed
that all unmanned aircraft, including model aircraft, are aircraft
consistent with congressional direction in Title III, Subtitle B of
Public Law 112-95 and the existing definition of aircraft in title
49 of the United States Code. 49 U.S.C. 40102. As such, in
accordance with 49 U.S.C 44101(a) and as further prescribed in 14
CFR part 47, registration is required prior to operation. See 80 FR
63912, 63913 (October 22, 2015). Aircraft registration is necessary
to ensure personal accountability among all users of the NAS. See
id. With the current unprecedented proliferation of new sUAS,
registration allows the FAA a direct and immediate opportunity to
educate sUAS owners. Aircraft registration also allows the FAA and
law enforcement agencies to address non-compliance by providing the
means by which to identify an aircraft’s owner and operator.
Congress has also directed the FAA to “develop plans and policy for
the use of the navigable airspace and assign by regulation or order
the use of the airspace necessary to ensure the safety of aircraft
and the efficient use of airspace.” 49 U.S.C. 40103(b)(1). Congress
has further directed the FAA to “prescribe air traffic regulations
on the flight of aircraft (including regulations on safe
altitudes)” for navigating, protecting, and identifying aircraft;
protecting individuals and property on the ground; using the
navigable airspace efficiently; and preventing collision between
aircraft, between aircraft and land or water vehicles, and between
aircraft and airborne objects. 49 U.S.C. 40103(b)(2). The FAA
estimates that in calendar year 2014, 200,000 small unmanned
aircraft were operated in the NAS in model aircraft operations.
During this period, the FAA received 238 reports of potentially
unsafe UAS operations. The estimate for 2015 sales indicates that
1.6 million small unmanned aircraft intended to be used as model
aircraft are expected to be sold this year (including approximately
50 percent of that total during the fourth quarter of 2015). For
2016, the FAA estimates sales of more than 600,000 sUAS intended to
be used for commercial purposes. Additionally, as evidenced by
recent FAA enforcement action against SkyPan International, the
Department and the FAA have become aware that there may be
commercial operators who may be risking operating without the
requisite authority. Since February 2015, reports of potentially
unsafe UAS operations have more than doubled, and many of these
reports indicated that the risk to manned aviation or people and
property on the ground was immediate. For example, the agency has
received reports of unmanned aircraft at high altitudes in
congested airspace, unmanned aircraft operations near
passenger-carrying aircraft or major airports, and interfering with
emergency response operations such as efforts to combat wildfires.
As recently as August 2015, the FAA investigated reports by four
pilots who spotted an unmanned aircraft flying between eight and
thirteen miles from the approach to Newark Liberty International
Airport. The FAA also investigated a similar incident at John F.
Kennedy International Airport in August. The risk of unsafe
operation will increase as more small unmanned aircraft enter the
NAS, and are flown by individuals who have little to no knowledge
of airspace restrictions or safety implications.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.