2120-0749 2016 Rev1a

Supporting Statement

Operations Specifications – Part 129

2120-0749

A. Justification

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

14 CFR part 129 was revised in 2012, and prescribes rules governing foreign air carrier operations within the United States and the operations of U.S.-registered aircraft outside the United States in common carriage. 14 CFR section 129.7 governs the application process.

This renewal is issued under the authority described in Title 49 of the United States Code, Subtitle VII, Part A, Subpart III, Section 44701(a)(5). Under that section, the Administrator is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations and minimum standards for practices, methods, and procedures the Administrator finds necessary to ensure safety in air commerce.

2. Indicate how, by whom, and for what purpose the information is to be used.

This information is used to evaluate whether air carriers requesting authority to operate in the United States will be able to conduct their operations safely within the National Airspace System (NAS) and in compliance with international obligations. Operators meeting those standards are issued operations specifications authorizing them to operate in the United States. Consistent with previous practices, FAA includes a regulatory standard for issuing maintenance operations specifications to persons operating U.S.-registered aircraft outside the United States in common carriage.

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 collection process is predominantly in electronic version for submitters having that capability. The submission is consistent with Government Paperwork Elimination Act and averages approximately five application/submissions per year per International Field Office (IFO). Approximately 98% of submitters have capabilities to submit requested information in electronic format.

4. Describe efforts to identify duplication.

There is no duplication.

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

Not applicable. The burden for the collection of information affects all applicants proportionally.

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 FAA would not have adequate or appropriate information to conduct safety oversight of foreign operators or conduct oversight of the maintenance of U.S.-registered aircraft operated outside the United States in common carriage. FAA must conduct adequate safety oversight of such foreign air carriers, and the airworthiness of U.S.-registered aircraft in common carriage outside the United States in accordance with FAA’s statutory obligation and international obligations.

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).

The FAA currently requires all foreign operators who fly into the US NAS to maintain and keep current operations specifications until suspended or terminated.

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 for public comment in the Federal Register on May 3, 2016 (81FR26610). No comments were received.

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.

The request does not contain any assurance of confidentiality.

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

There is no requirement for submission of sensitive information.

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

The FAA expects to receive 25 applications annually, which corresponds to the number of applications for foreign operations specifications the agency receives each year. The application is completed only once and may be amended from time to time at the request of the applicant, or by the FAA. Amendments do not require resubmission of all information submitted in the initial application. Based on information obtained from International Field Office’s and International Field Unit’s, the FAA estimates that each application requires approximately 3 hours preparation time; therefore the total reporting burden is 75 hours (25 x 3 = 75).

The FAA International Field Offices need to determine the level of new technology submitted by an applicant (RNPAR, ADS-B, etc…) and the limitations and/or restrictions the applicants CAA may impose.  With the increasing complexity of aircraft to meet the benefits of NextGEN a thorough safety review is required to insure the aircraft and crew meet the requirements of the U.S. National Air Space.  This review requires approximately 15 hours preparation time; therefore the total recordkeeping burden is 375 hours (25 x 15 = 375).

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

There is no additional cost to applications who currently hold FAA-issued foreign operations specifications. The FAA estimates the annual cost burden of each new respondent at $7,500. This figure is based on a wide variance of applicants whose scope, size and complexity of their operations factor into the application and annual cost. A more complex operation may require legal and an agent for service to review or be iatrical part of the application, whereas a small noncomplex operator may only require an agent for service for the initial application. The reoccurring annual review or amendment costs follow the same methodology. This cost will also vary depending on labor and currency conversion rates associated with each foreign country.

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

Each application requires approximately 15 hours review and processing time at the rate of fifty dollars per hour. Therefore, the total annualized cost to the Federal government based on 25 applications is $18,750. This cost estimate approximates the agency’s annual cost for processing current applications. 15 x 50.00 = 750.00 x 25 = $18,750.

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

The higher costs reflect additional review time the FAA International Field Offices need to determine the level of new technology submitted by an applicant (RNPAR, ADS-B, etc…) and the limitations and/or restrictions the applicants CAA may impose.  With the increasing complexity of aircraft to meet the benefits of NextGEN a more thorough safety review is required to insure the aircraft and crew meet the requirements of the U.S. National Air Space.  The increased cost to the applicant reflects the submission of supporting documentation.

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 information collected 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.

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.

There are no exceptions.

4