Emergency Processing Memo

200706 COVID-19 SFAR II ICR - Emergency Processing Memo CLEAN.pdf

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

Emergency Processing Memo

OMB: 2120-0788

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Federal Aviation
Administration

Memorandum
Date:
To:

Kyle Gardiner, Policy Analyst, Office of Information and Regulatory Affairs,
Office of Management and Budget, Executive Office of the President

From:

Everette Rochon, Acting Manager, General Aviation and Commercial Division
(AFS-800)
Acting for Everette Rochon
MARK GIRON
Digitally signed by MARK GIRON
Date: 2020.07.07 11:14:25 -04'00'

Subject:

OMB Emergency Clearance for Revised Information Collection Request (ICR):
Relief for Certain Persons and Operations during the Coronavirus Disease 2019
(COVID-19) Outbreak (OMB 2120-0788)

Summary
The FAA seeks emergency clearance from OMB for an amendment to an information collection
that was previously approved under emergency processing (OMB 2120-0788). That collection
was tied to the Relief for Certain Persons and Operations during the Coronavirus Disease 2019
(COVID-19) final rule (SFAR 118) (85 FR 26326). The amendment is in connection with the
Limited Extension of Relief for Certain Persons and Operations during the Coronavirus Disease
2019 (COVID-19) Outbreak final rule. This amended collection would enable the FAA to collect
information from part 125 certificate holders and A125 Letter of Deviation Authority (LODA)
holders in order to provide crewmembers and pilots with relief from certain training, recency,
testing, and checking requirements due in July, August, or September 2020. It will also enable
essential operations to continue during the COVID-19 public health emergency and the recovery.
If the FAA does not receive emergency approval, many crewmembers may cease to operate or
endanger the public health by attempting to maintain currency in ways that may be contrary to
national social distancing guidelines.
Pursuant to 5 CFR § 1320.13, emergency processing is appropriate where 1) the collection of
information is needed prior to the expiration of time periods established under the Paperwork
Reduction Act and that collection is essential to the mission of the Agency; and 2) the Agency
cannot reasonably comply with the normal clearance procedures because public harm is likely to
result if normal clearance procedures are followed.

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Planned Information Collection is Necessary and Essential to the Mission of the Agency
Oversight of 14 CFR part 125 operators is essential to the mission of the FAA. The rulemaking
associated with this ICR is promulgated under the authority described in 49 U.S.C. 106(f), which
establishes the authority of the Administrator to promulgate regulations and rules; 49 U.S.C.
44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards
for other practices, methods, and procedures necessary for safety in air commerce and national
security. The final rule provides part 125 crewmembers and A125 LODA holders relief from
certain training, recency, testing, and checking requirements, and enables essential operations to
continue during the COVID-19 outbreak and the recovery. For these reasons, this rulemaking is
within the scope of the FAA's authority.
The final rule expands temporary relief to a new population of pilots and crewmembers who are
unable to meet certain requirements during the COVID-19 outbreak and recovery during the
months of July, August, and September 2020. Without this final rule, certain individuals will not
be able to continue exercising privileges in support of essential operations due to their inability
to satisfy certain training, recent experience, testing, and checking requirements. Additionally,
other individuals may—to the extent possible given closures or reduced availability of services—
attempt to satisfy requirements through means contrary to the national social distancing
guidelines in order to avoid economic burdens resulting from non-compliance with FAA
regulations.
The FAA recognizes that there are aviation operations outside of air carrier and commercial
operations conducted under part 119 of title 14 of the Code of Federal Regulations (14 CFR) that
are critical during the COVID-19 outbreak, including operations that support essential services
and flights that support fighting the outbreak. These operations may face disruption due to a
decreased supply of qualified crewmembers. The FAA finds that this temporary action is needed
to enable individuals to continue to exercise their crewmember privileges during the national
emergency.
Public Harm is Likely to Result if Emergency Processing is Not Granted
The FAA is requesting emergency processing for the same reason that it is publishing the final
rule with immediate effect without public comment. These actions are in response to an
unprecedented public health crisis, which calls for immediate action. This regulatory action is
also needed to provide immediate notification to crewmembers whose required training, recency
of experience, testing, and checking is coming due in July, August, and September. With the
cessation of many non-essential aviation training and testing activities during the initial outbreak
and the slow return of services during the various phases of recovery this country is in, many
individuals may have difficulty scheduling certain activities before crewmember privileges
expire. Absent the relief in the final rule, persons may attempt to satisfy certain requirements to
avoid economic burdens associated with non-compliance, despite the fact that compliance would
require acting contrary to the national social distancing guidelines. This would represent a clear
danger to public health.
Accordingly, the FAA finds that providing notice and an opportunity to comment on an ICR is
contrary to the public interest, because it would delay the submission of the new or revised

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mitigation plans that certain entities must provide to avail themselves of the relief afforded by
the final rule.
The FAA therefore believes that the use of normal clearance procedures will result in increased
economic burden, disruption to critical aviation operations, and increased risk of exposure during
this public health emergency. Due to the pressing considerations associated with the COVID-19
outbreak, it is not practicable to afford ninety days of public comment on this amended collection
of information. Therefore, FAA is requesting OMB approval of this amended temporary
collection of information upon the date that this SFAR was placed on public inspection at the
Federal Register, June 25, 2020. Upon OMB approval of its Emergency clearance request, FAA
will follow the normal clearance procedures for the information collection associated with this
final rule.


File Typeapplication/pdf
AuthorJim Borsari
File Modified2020-07-07
File Created2020-07-07

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