2120-0724 Supporting Statement A Final Updates blh 11.12

Supporting Statement A

Verification of Authenticity of Foreign License and Medical Certification

OMB Control Number 2120-0724

Expiration Date 11/30/2020

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

Based on the International Civil Aviation Organization (ICAO) convention agreement, airmen may use their foreign license in lieu of an aeronautical knowledge test, experience and a practical test when applying for a restricted or unrestricted U.S. certificate. After the events of September 11, 2001, it was determined that the Federal Aviation Administration (FAA) should verify, with the appropriate Civil Aviation Authority (CAA), that the foreign license and medical being used to obtain a U.S. certificate is in fact current and valid.

A process was established that required a person who is applying for a U.S. certificate and/or rating on the basis of a foreign license to apply for that certificate at least 90 days before arriving at the designated FAA Flight Standards District Office (FSDO) where the applicant intends to receive the U.S. certificate. This allows time for the Airmen Certification Branch to ask for and receive verification from the appropriate CAA that the person’s foreign license is current and valid.

There is no similar collection of this type of information.

The required information to be submitted to the Airmen Certification Branch is:

• The applicant’s name and date of birth

• The person’s place of birth / citizenship

• Email address and physical address

• Country of foreign license

• Foreign license number, level and ratings

• Statement that the foreign license is not under an order of suspension or revocation

• Medical certificate country and expiration date

• Type of FAA certificate requested

• Location of the FAA FSDO where the applicant intends to apply for the U.S. certificate

• Indication of the intent of the application

• Legible copy of the foreign license and medical certificate

References for collecting the information:

14 CFR 61, 14 CFR 63

General Aviation Operations Inspector’s Handbook, Order 8900.1

8900.1 Volume 5, Ch 2, Section 14. General Aviation Inspector - Issue a Part 61 U.S. Pilot Certificate on the Basis of a Foreign Pilot License

5-592 Objective

B. Foreigner Application Process. The FAA and Transportation Security Administration (TSA) require a foreigner who applies for a U.S. pilot certificate/rating, or who holds a U.S. pilot certificate/rating and applies for an additional rating, to go through a background security check and have their foreign pilot and medical licenses verified for validity purposes.

1) The procedures that a foreign person must follow to apply for a U.S. pilot certificate/ratings are described on the FAA’s Airmen Certification Branch’s (AFS-760) Web site at: http://www.faa.gov/licenses_certificates/airmen_certification/foreign_license_verification.

2) The TSA’s Web site that describes the reporting requirements for giving pilot training and certification for foreign pilots is located at: https://www.flightschoolcandidates.gov/afsp2/?acct_type=c&section=WN.

5-600 P - Duties and Responsibilities of AFS-760

AFS-760 is responsible for:

1) Verify. Verifying the authenticity of the applicant’s foreign pilot license and medical license with the foreign CAA.

2) Ensure. Ensuring the applicant’s foreign pilot license and medical license has not been surrendered, suspended, revoked, or expired.

3) Issue. Issuing the Verification of Authenticity letter to the designated FSDO and a copy to the applicant. (The Verification of Authenticity letter expires 6 calendar-months from the dated month on the letter.)

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

All airmen wishing to use their foreign license in lieu of an aeronautical knowledge test, experience and a practical test when applying for a restricted or unrestricted U.S. certificate are required to report to this information collection. The Airmen Certification Branch will use the required information to properly identify the person for the purpose of requesting foreign license verification from the appropriate CAA and for checking the applicant’s information against a list of potential TSA threats. Any person who is applying for a U.S. certificate and/or rating on the basis of a foreign license must apply for that certificate at least 90 days before arriving at the designated FAA Flight Standards District Office (FSDO) where the applicant intends to receive the U.S. certificate. This allows time for the Airmen Certification Branch to ask for and receive verification from the appropriate CAA that the person’s foreign license is current and valid.

The Airmen Certification Branch will and has used the required information to properly identify the person for the purpose of requesting foreign license verification from the appropriate CAA and for checking the applicant’s information against a list of potential TSA threats. The information is not made available to the public and is only used to make sure the CAA and TSA are able to provide accurate verification or vetting information.

The Registry must have this information in order to provide the applicant with the service (verification of their foreign license). If the Registry does not have the foreign license information, it will not be able to verify the details with the CAA or TSA.

Persons who apply for a U.S. pilot certificate under the following circumstances must have the validity and currency of their foreign pilot license and medical license or endorsement verified by the foreign CAA that issued those licenses before making application for an FAA pilot certificate/authorization. This process is mandatory for the following kinds of applications:

1. U.S. Pilot Certificate/Rating. Persons who apply for a U.S. pilot certificate/rating on the basis of holding a foreign pilot license under the provisions of § 61.39(c)(1).

2. Foreign Military Rated Pilots. Foreign military rated pilots who apply for a U.S. pilot certificate/rating on the basis of holding a foreign civil pilot license under the provisions of § 61.73(b)(3)(ii).

3. U.S. Pilot Certificate on Basis of Foreign Pilot License. Persons who apply for a U.S. pilot certificate issued on the basis of a foreign pilot license under the provisions of § 61.75.

4. Special Purpose Pilot Authorization. Persons who apply for a special purpose pilot authorization under § 61.77.

5. U.S. Commercial Pilot Certificate. Persons who apply for a U.S. commercial pilot certificate under § 61.123(h) on the basis of holding a § 61.75 U.S. private pilot certificate.

6. U.S. ATP Certificate. Persons who apply for a U.S. ATP Certificate issued under § 61.153(d)(3).

7. U.S. Pilot Certificate under FAA/TCCA Agreement. Persons who apply for a U.S. pilot certificate under the provisions of the FAA/TCCA Implementation Procedures for Licensing (IPL) agreement.

8. FE Certificate. Persons who apply for a U.S. FE certificate issued on the basis of their foreign engineer license under the provisions of 14 CFR part 63.

9. Replacement Certificate. Persons who request a replacement certificate under § 61.29 (i.e., lost, stolen, name change, citizenship change, gender change, or date of birth change) issued on the basis of a foreign pilot license under § 61.75.

This collection is not part of a survey.

This collection is “as needed” by the applicant. It is initiated by the applicant and only needed when the applicant desires verification of their foreign license.

The information is maintained in records for the retention period associated with NARA N1-237-06-1.

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.

The Verification of Authenticity form is available for download on the FAA web site. https://www.faa.gov/forms/index.cfm/go/document.information/documentID/186251

The form must be completed and signed in ink certifying that the information submitted is correct and accurate and giving the agency permission to contact the CAA on their behalf. We accept applications by mail, fax or email.

We are working on integrating this application into the Integrated Airmen Certificate and Rating Application program (IACRA) at which point that will be the preferred method of application.

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.

No similar information has been collected from this population. Most of the applicants are airmen who are not currently in FAA’s system of records. These are pilots who intend on making application with the FAA to eventually receive an FAA certificate.

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

This collection will not involve small business or small entities.

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.

If the collection of this information is not conducted, the agency would not be able to complete the foreign verification process. We would lose the capability to properly identify the applicants and lose the applicant’s permission for our office to request verification from the appropriate CAA. Frequency is not an issue in this process since the initiation of the process is by the applicant.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly;

No special circumstance

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

No special circumstance

• requiring respondents to submit more than an original and two copies of any document; requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

No special circumstance

• in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

Not part of a survey

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

No special circumstance

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

No pledge of confidentiality

• requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

No such requirement

8. Provide information on the PRA Federal Register Notice that solicited public comments on the information collection prior to this submission. Summarize the public comments received in response to that notice and describe the actions taken by the agency in response to those comments. Describe the 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 the data elements to be recorded, disclosed, or reported.

A Federal Register Notice for public comments was published on April 15, 2020 (Document Citation 85 FR 21061). No comments were received.

9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

No payment or gifts to respondents were considered.

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

The information collected becomes part of the Privacy Act system of records DOT/FAA 847, General Air Transportation Records on Individuals and is subject to its published routine uses.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

No questions of a sensitive nature such as sexual behavior, attitudes, or religious beliefs are in this collection.

12. Provide estimates of the hour burden of the collection of information. The statement should:

It should take the average person a maximum of 10 minutes to complete the form. The number of respondents is 8,700 per year based on previous FY figures. The frequency of response is once every time a person wants to use his/her foreign license to obtain a U.S. certificate and/or rating.

Summary (Annual numbers)	Reporting	Recordkeeping	Disclosure
# of Respondents	8700
# of Responses per respondent	1
Time per Response	10 min
Total # of responses	8700
Total burden (hours)	1450

Labor Figure determined on a median salary of $102,109 a year (https://www.glassdoor.com/Salaries/airline-pilot-salary-SRCH_KO0,13.htm) / 2,080 hours = $49.09 an hour. The agency multiplied the hourly wage rate by 2 to account for a fringe benefits rate of 69 percent¹ and an overhead rate of 31 percent.²

$49.09X2 = $98.18 per hour $98.18x 1450hours = $142,361 annual cost.

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

There are no cost other than labor indicated in the answer to question 12.

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

The estimated annualized cost to the Federal government is $17,030

Figure determined on an hourly wage of a FG 7 Step 5 which is $23.49

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/RUS_h.pdf

$23.49 x 0.25 (it takes 15 minutes per app) = $5.872

$5.872 x 2 employees = $11.745

$11.745 x 1450 Hours = $17,030

15. Explain the reasons for any program changes or adjustments.

The number of federal workers who process the applications was reduced since the last reporting period and the number of applications received has increased. The adjustment to respondents is due to the medium salary increase based on an estimate of pilot salary.

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. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

There is no planned publication of this information.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.

This form will display the OMB information.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no exceptions.

1 Source: Congressional Budget Office, “Comparing the Compensation of Federal and Private-Sector Employees, 2011 to 2015” (April 2017), https://www.cbo.gov/publication/52637. The wages of Federal workers averaged $38.30 per hour over the study period, while the benefits averaged $26.50 per hour, which is a benefits rate of 69 percent.

2 Source: U.S. Department of Health and Human Services, “Guidelines for Regulatory Impact Analysis” (2016), https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf. On page 30, HHS states, “As an interim default, while HHS conducts more research, analysts should assume overhead costs (including benefits) are equal to 100 percent of pretax wages….” To isolate the overhead rate, the Department subtracted the benefits rate of 69 percent from the recommended rate of 100 percent.