SFAR: Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID-19) Outbreak

Forms and Documents

Document Name	Status
200706 COVID-19 SFAR II ICR - Emergency Processing Memo CLEAN.pdf Supplementary Document	2020-07-07
Statutory Authority for SFAR.docx Supplementary Document	2020-04-27
200916 COVID-19 SFAR 118-2 BLH.docx Supporting Statement A	2020-09-24

IC Document Collections

IC ID	Document Title	Status
241582	Part 125 Mitigation Plans	Modified
241581	Part 141 Mitigation Plans	Unchanged

ICR Details

OMB Control No: 2120-0788	ICR Reference No: 202006-2120-001
Status: Active	Previous ICR Reference No: 202004-2120-006
Agency/Subagency: DOT/FAA	Agency Tracking No: Ready for OST
Title: SFAR: Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID-19) Outbreak
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/24/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/24/2020
	Date Received in OIRA: 07/17/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	6 Months From Approved	11/30/2020
Responses	274	0	136
Time Burden (Hours)	481	0	205
Cost Burden (Dollars)	0	0	0

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Abstract: In order to utilize the relief provided by this SFAR, the certificate holder or A125 LODA holder must provide an acceptable plan to its assigned principal operations inspector for acceptance that contains the following information-- (i) A safety analysis and corresponding risk mitigations to be implemented by the certificate holder or A125 LODA holder; and (ii) The method the certificate holder or A125 LODA holder will use to ensure that each crewmember remains adequately tested and currently proficient for each aircraft, duty position, and type of operation in which the person serves. For part 141 provisional pilot schools: This revision of the ICR does not contain any changes to burden hours for part 141 provisional pilot schools. The inability for pilot schools and provisional pilot schools to graduate students from their program jeopardizes their ability within the 24 calendar month timeframe to meet the 80 percent pass rate of their applicants for practical tests and rating, and graduate at least ten different people from the school’s approved training courses. Therefore, , under the extraordinary circumstances of the COVID-19 outbreak, the FAA is providing provisional pilot schools whose 24 calendar-month window expires in April through June 2020, until December 31, 2020 to meet §141.5(d) and (e), subject to the following conditions for provisional pilot schools taking advantage of this relief: (1) Each part 141 provisional pilot school must notify its responsible Flight Standards office that it is applying for a pilot school certificate in accordance with this SFAR. (2) In this notification, the part 141 provisional pilot school must submit an acceptable plan that explains the method to meet the requirements of §141.5(d) and (e), which includes ensuring each instructor used for ground or flight training is current and proficient and evaluating students to determine if they are assigned to the proper stage of the training course and if additional training is necessary. For part 141 pilot schools: This revision of the ICR does not contain any changes to burden hours for part 141 pilot schools. During the COVID-19 outbreak, many part 141 schools have ceased flight operations for their students. Some schools are utilizing online classroom instruction for the ground content of a course. However, not all part 141 schools may be capable of providing ground instruction online. The FAA has determined, under the extraordinary circumstances of the COVID-19 outbreak, that it is appropriate to allow pilot schools additional time to meet the requirements of §141.5. Pilot school certificates with an expiration date of April 2020 through June 2020, are extended to December 31, 2020, subject to the following conditions for pilot schools taking advantage of this relief: (1) Each part 141 pilot school must notify its responsible Flight Standards office that it will renew its pilot school certificate in accordance with this SFAR. (2) In this notification, the part 141 pilot school must submit an acceptable plan that explains the method to regain currency that includes ensuring each instructor used for ground or flight training is current and proficient and evaluating students to determine if they are assigned to the proper stage of the training course and if additional training is necessary. The FAA will analyze these submissions to determine whether or not they provide adequate mitigations to balance out the time extensions. FAA Flight Standards Service will retain control over the information and safeguard it from improper access, modification, and destruction, consistent with FAA standards for confidentiality, privacy, and electronic information.

Emergency Justfication: The FAA has closely monitored the flexibilities provided by the SFAR "Relief for Certain Persons and Operations during the Public Health Emergency Concerning the Novel Coronavirus Disease 2019 (COVID-19) Outbreak" and has determined that additional flexibilities are needed. Even as routine activity begins to resume, the disruption caused by stay-at-home orders and social distancing have caused airmen to continue to experience difficulty complying with certain training, recency, checking, testing, duration, and renewal requirements. Safer-at-home measures are now widely in place and many training and testing facilities have reopened with safety measures in place to limit virus transmission provided airmen can travel to locations to accomplish the required tasks. Continuing need for extension of COVID-related relief.

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Authorizing Statute(s): US Code: 49 USC 106(f) Name of Law: Federal Aviation Administration
   US Code: 49 USC 106(g) Name of Law: Federal Aviation Administration
   US Code: 49 USC 40113 Name of Law: Administrative
   US Code: 49 USC 44701 Name of Law: General Requirements
   US Code: 49 USC 44707 Name of Law: Examining and rating air agencies
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2120-AL64	Final or interim final rulemaking	85 FR 47295	08/05/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Part 141 Mitigation Plans
Part 125 Mitigation Plans

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	274	136	0	0	138	0
Annual Time Burden (Hours)	481	205	0	0	276	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The FAA is amending its regulations, on an emergency basis, to extend the grace period for part 125 certificate holders who submit safety mitigation plans to the FAA. This revision of the collection reflects the increased burden hours resulting from the preparation and submission of revised mitigation plans by part 125 certificate holders. The FAA is changing its estimate of the number of mitigation plans each part 125 operator will submit. Each such entity is now expected to submit 3 mitigation plans during the effective period of this SFAR. Previously, the FAA estimated that just one plan would be submitted per respondent.

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Annual Cost to Federal Government: $23,911

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 07/17/2020

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