Department of Transportation
Federal Aviation Administration
SUPPORTING STATEMENT
Operation of Small Unmanned Aircraft Systems over People
RIN 2120-AK85
SUMMARY OF CHANGES IN THIS SUBMISSION:
On March 18, 2021, OIRA concluded review of the ICR that accompanied the final rule Operation of Small Unmanned Aircraft Systems over People.
That final rule included a provision requiring retention of maintenance records in certain circumstances. However, the FAA neglected to provide opportunity for public comment in the NPRM for 2120-AK85. Therefore, the FAA published, on January 26, 2021, a 60-day Federal Register notice seeking comment on the maintenance recordkeeping requirement.
A table and narrative description have been added to the end of question 12, and the table accounting for total burden hours and dollars has been updated.
Instructions for maintenance record-retention are contained in the new section 107.140.
INTRODUCTION
The Department of Transportation (DOT) submits this final Supporting Statement to the Office of Management and Budget (OMB) in preparation for requesting an approval for information collections related to the proposed rule titled “Operation of Small Unmanned Aircraft Systems over People.” DOT requests this information collection approval include information an applicant or manufacturer submits to receive acceptance from the Federal Aviation Administration (FAA) for a means of compliance or a declaration of compliance, both of which are critical components of the proposed rule’s framework for ensuring small unmanned aircraft systems (small UAS) are constructed to fulfill the performance-based requirements of the FAA’s proposed rule. DOT also requests this information collection approval include development of remote pilot operating instructions and recordkeeping to reflect compliance with maintenance requirements for small UAS with an airworthiness certificate. In addition, this supporting statement includes the items that a manufacturer the holder of a declaration of compliance must include or display with a small UAS that is eligible to operate over people; these include the label on the small unmanned aircraft and remote pilot operating instructions.
Part A. Justification:
1. Circumstances that make the collection of information necessary.
In 2012, Congress passed the FAA Modernization and Reform Act of 2012 (Public Law 112-95). Section 333 of Public Law 112-95 directed the Secretary to determine which types of unmanned aircraft systems (UAS), as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security. Based on this direction, DOT and the FAA promulgated 14 CFR part 107, which allows operations of small UAS. Operation and Certification of Small Unmanned Aircraft Systems, 81 FR 42063 (June 28, 2016). In 2018, Congress updated the authority basis for part 107, which is now codified at 49 U.S.C. 44807.
Part 107 previously prohibited operations of small UAS at night, over people, and over moving vehicles in the absence of a waiver that allows such an operation. See 14 CFR §§ 107.29 and 107.39. Based on the FAA’s experience with the certification, exemption, and Certificate of Waiver or Authorization process, as well as research relevant to assessing the risks of operations of small UAS at night, over people, and over moving vehicles, the FAA now will permit such operations, pursuant to performance-based requirements. To ensure compliance with certain requirements, the FAA must review information from applicants whose intention is to receive a determination from the FAA that the small UAS is eligible to operate over people. Without engaging in such information collections, the FAA would be unable to ensure compliance with the proposed performance-based requirements.
The information the FAA would review under the final rule includes applications requesting acceptance of means of compliance, as well as applications for acceptance of declarations of compliance that use an accepted means of compliance. These information collection requirements applies only to small UAS that a person seeks to operate in accordance with Category 2 or Category 3 of the final rule.1 For these categories, the final rule requires that declarations of compliance include certain types of specific information. The FAA will only require the minimum amount of information necessary to ensure the FAA could identify an applicant and evaluate the small UAS on which the declaration of compliance is based. And while no mandatory information collections (reporting or disclosure) occur under Category 4 operations, it is important to note that Category 4 does impose record keeping requirements on the owner of the aircraft, and those records must be provided to the FAA or NTSB upon request. These record requests would typically be performed as part of the investigation process for any applicable accidents or incidents involving the small UAS. The owner or operator may keep these records electronically or by paper.
In addition to requesting acceptance of declarations of compliance, holders of an FAA-accepted declaration of compliance for small UAS that would be eligible for operations over people will be required to label the small unmanned aircraft with the appropriate category in which the small UAS would be eligible to operate. Such labeling would ensure the remote pilot in command who seeks to operate over people is informed of the category of operation in which the small unmanned aircraft is eligible to operate, in addition to the requirement for the remote pilot in command to ensure the small unmanned aircraft is listed on an FAA-accepted declaration of compliance. The final rule also requires holders of an FAA-accepted declaration of compliance to accompany each small UAS eligible to operate over people with remote pilot in command operating instructions. These instructions will ensure the remote pilot in command is aware of conditions that may render the small UAS ineligible to operate over people; for example, when the FAA’s acceptance of a declaration of compliance is contingent upon restricting certain types of payloads, the operating instructions would list such contingencies. Labeling, remote pilot operating instructions, and an FAA-accepted declaration of compliance will ensure compliance with the performance-based requirements of the FAA’s final rule.
Furthermore, operators and owners of small UAS issued an airworthiness certificate under Part 21 must retain records of all maintenance performed on their aircraft and records documenting the status of life-limited parts, compliance with airworthiness directives, and inspection status of the aircraft. The records must be kept for the time specified in §107.140, and they must be available to the FAA and law enforcement personnel upon request. These records are used to validate the aircraft has been maintained in a manner that ensures the reliability associated with having an airworthiness certificate continues to be valid and that the ops over people privileges afforded to category 4 operations continue to be appropriate. The owner or operator may keep these records electronically or by paper.
2. How, by whom, how frequently, and for what purpose the information is to be used.
The final rule will require applicants who seek FAA acceptance of means of compliance and declarations of compliance to submit applications. In addition, holders of a declaration of compliance for small UAS in accordance with the requirements are required to label all small unmanned aircraft eligible to operate over people within two of the four categories the final rule permits for such operations. Lastly, for two of the four categories of aircraft eligible to operate over people, applicants who obtain an FAA-acceptance declaration of compliance will be required to make available, upon sale, transfer, or use by another person, remote pilot operating instructions that describe the small UAS and the declared category or categories of eligibility, describe permissible modifications that would not change the ability of the small UAS to meet the requirements for the applicable category or categories; and, if applicable, instruct operators on how to verify and change the mode or configuration of the small UAS. Lastly, owners and operators of small UAS with an airworthiness certificate under Part 21 will be required to retain records of all maintenance performed on their aircraft and records documenting the status of life-limited parts, compliance with airworthiness directives, and inspection status of the aircraft. Records documenting maintenance performed must be retained for 1 year from when the work is performed or until the maintenance is repeated or superseded by other work. Records documenting the status of life-limited parts, compliance with airworthiness directives, and inspection status of the aircraft, must be retained and transferred with the aircraft upon change in ownership. These records are used to validate the aircraft has been maintained in a manner that ensures the reliability associated with having an airworthiness certificate continues to be valid and that the ops over people privileges afforded to category 4 operations continue to be appropriate. The owner or operator may keep these records electronically or by paper.
Declaration of Compliance and Means of Compliance
The FAA will collect information to enable the FAA to determine whether an applicant’s submission of the declaration of compliance establishes the small UAS would be eligible for operations under either Category 2 or Category 3 of the final rule. This proposed information collection would also include record retention requirements applicable to manufacturers upon the FAA’s acceptance of a declaration of compliance for a small UAS.
Declarations of Compliance
The Declaration of Compliance would be required to include the following information:
(1) Applicant’s name;
(2) Applicant’s physical address;
(3) Applicant’s email address;
(4) The small unmanned aircraft system make and model name, and series, if applicable;
(5) The small unmanned aircraft system serial number or range of serial numbers that are the subject of the Declaration of Compliance;
(6) Whether the Declaration of Compliance is an initial declaration or an amended declaration;
(7) If the Declaration of Compliance is an amended declaration, the reason for the re-submittal;
(8) A declaration that the applicant:
(i) Has demonstrated that the small unmanned aircraft, or specific configurations of that aircraft, satisfies § 107.120(a)(1) and § 107.120(a)(2), or § 107.130(a)(1) and §107.130(a)(2) or both, through an accepted means of compliance;
(ii) Has verified that the unmanned aircraft system does not contain any safety defects identified by the Administrator.
(iii) Has satisfied § 107.120(d) or § 107.130 (d), or both; and
(iv) Will, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small unmanned aircraft system and witness any tests necessary to determine compliance with this subpart; and
(9) Other information as required by the Administrator.
The holder of an FAA-accepted declaration of compliance must store the detailed description of the means of compliance, including any substantiating material, until the later of either two years after the cessation of production of the small unmanned aircraft system(s) or the submission of the declaration of compliance to support the declaration of compliance. In addition, the person who holds the declaration of compliance must retain any accompanying data containing detailed information on the type of means of compliance on which the declaration of compliance would be based, and the results or justification used to demonstrate the small UAS meets the applicable performance-based requirements to establish eligibility.
Means of Compliance
Each declaration of compliance must identify the FAA-accepted means of compliance the applicant has used. Any applicant may apply to the FAA for acceptance of a means of compliance. Such applications must include a detailed description of the means of compliance and justification, including any substantiating material, showing the means of compliance establishes achievement of the safety requirements identified for small UAS eligibility pursuant to Category 2 or Category 3. The means of compliance must demonstrate the achievement of the safety requirements through test, analysis, or inspection that the small UAS is eligible for operations pursuant to Category 2 and/or Category 3.
All FAA-accepted means of compliance used to satisfy the performance-based requirements for eligibility must be stored for as long as the means of compliance is accepted by the FAA. If the means of compliance involved testing, the accompanying data or information must describe the test analysis or inspection procedures that outline the test methodology, as well as justification showing the means of compliance establishes achievement of the safety requirements identified in the performance-based requirements.
The FAA will use the applicant’s declaration of compliance and means of compliance to determine whether to accept the declaration or means of compliance. This review of information to decide acceptability is a critical component of the final rule, as it is the mechanism for FAA oversight to ensure compliance with the standards.
The final rule applies to any applicant who seeks acceptance of a means of compliance. It would also apply to any applicant who seeks acceptance of a declaration of compliance. While many applicants who seek acceptance of means of compliance may also seek to produce the small UAS and submit a declaration of compliance, the proposed rule would permit an applicant who seeks acceptance of a means of compliance to be distinct from the applicant who seeks acceptance of a declaration of compliance.
Labeling
Given that a small UAS could be qualified to conduct more than one category of operations, the final rule requires an applicant to label the small UAS to indicate each category of operations the small UAS is qualified to conduct. For example, a small UAS qualified to conduct Category 2 operations may also be qualified to conduct Category 3 operations. The holder of a declaration of compliance would label such a small UAS with each category, as follows: “Cat. 2, 3” or “Category 2, 3”. The label could be painted onto, etched into, or affixed to the aircraft by some other permanent means.
The labeling requirement will assist the remote pilot to know what category of operations his or her small UAS is eligible to conduct, and accordingly, provide awareness of any technical and operational limitations that apply to the operations. The labeling requirement will also assist the FAA in its oversight role because it will provide an efficient means for an inspector to evaluate whether an operation is consistent with the category or categories of operation the small UAS may conduct. Additionally, the labeling requirement will assist law enforcement agencies to determine whether an operation is consistent with the safety requirements of the regulation. Because Category 3 operations entail unique operating limitations, the label on small unmanned aircraft eligible to conduct Category 3 operations will indicate to the remote pilot that he or she must adhere to the applicable operating limitations.2 If a Category 2 or 3 label affixed to a small unmanned aircraft is damaged or destroyed such that it is no longer legible, a remote pilot in command must relabel the aircraft in English such that the label is legible, prominent, and will remain on the small unmanned aircraft for the duration of the operation before conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the small unmanned aircraft is qualified to conduct in accordance with this subpart.
Remote Pilot Operating Instructions
The information collection will also include information dissemination in the form of remote pilot operating instructions for small UAS that are eligible to operate over people. As noted above, the remote pilot operating instructions must address, at a minimum:
A system description that includes the required small UAS components, any system limitations, and the declared category or categories of operation;
Modifications that will not change the ability of the small UAS to meet the requirements for the category or categories of operation the small UAS is eligible to conduct, and
Instructions for how to verify and change the mode or configuration of the small UAS, if they are variable.
In order to operate a small UAS safely over people or over moving vehicles, the remote pilot will be responsible for knowing what category of operations his or her small UAS is eligible to conduct The final rule requires the holder of an FAA-accepted declaration of compliance for a small UAS to establish and maintain a product support and notification process to notify the public and the FAA of any defect or condition that would affect the eligibility of the small UAS to operate over people. Accordingly, the final rule requires holders of an FAA-accepted declaration of compliance to provide remote pilot operating instructions with product-specific information.
The final rule requires the provision of these remote pilot operating instructions at the time of sale, transfer, or use of the aircraft by someone other than the applicant who submitted a declaration of compliance. In addition, the final rule requires the holder of an FAA-accepted declaration of compliance ensure instructions remain up-to-date to account for any changes the holder of the FAA-accepted declaration of compliance might make to the small UAS. The final rule does not require the holder of an FAA-accepted declaration of compliance to provide remote pilot operating instructions in a particular format. Holders of an FAA-accepted declaration of compliance could include the operating instructions as part of the packaging of the small UAS, make them available electronically, or provide them in some other manner.
3. Extent of automated information collection.
The FAA will provide a sample declaration of compliance in a fillable form, which shows the information collected from applicants declaring compliance with the requirements of the rule. The FAA requires an applicant who seeks acceptance of a declaration of compliance to submit their DOC to an FAA website, https://uasdoc.faa.gov, which is a portal developed for the purpose of submitting and accepting applicant DOCs. Paper-based fillable forms will not be accepted, and declarations of compliance will not be accepted via email. The FAA will review declarations of compliance to ensure the applicant has satisfied the eligibility, safety requirements in accordance with the part 107 rule using an FAA-accepted means of compliance. The FAA’s review of a means of compliance will not lend itself to an automated review process, because each means of compliance will likely be based on unique, commercially valuable information.
The requirements for labeling and providing remote pilot operating instructions consist of requirements regarding display of information and recordkeeping, rather than submission of information. As a result, the opportunity for automated collection could not exist for such information.
Maintenance records required to be kept by the owner or operator used to validate the aircraft has been maintained in a manner that ensures the reliability associated with having an airworthiness certificate continues to be valid and that the ops over people privileges afforded to category 4 operations continue to be appropriate, are not part of this automated system.
4. Efforts to identify duplication.
DOT has carefully analyzed existing information collection activities to ensure the collection of information does not duplicate any other information collection in which the agency engages. Neither DOT nor the FAA presently collects information from small UAS manufacturers for complying with any other rule regarding operations of small UAS. As a result, the information collection does not entail any duplicative information collection requirements.
5. Efforts to minimize the burden on small businesses.
The information collection will involve only the information that is necessary to ensure compliance with the proposed performance-based requirements. In addition, the information collection requirements apply only to applicants who seek acceptance for two of the four proposed categories of eligibility for operations over people.
6. Impact of less frequent collection of information.
The information collection does not affect any Federal program or policy activities.
7. Special circumstances.
No special circumstances causes the DOT to conduct the information collection in a manner inconsistent with the Office of Management and Budget guidance on Paperwork Reduction Act compliance.
8. Compliance with 5 CFR 1320.8.
The FAA sought comment in a 60-day Federal Register notice published on January 26, 2021 (86 FR 7167). The FAA received two comments, from Airlines for America and from an individual, in support of the proposed collection.
9. Payments or gifts to respondents.
No provision or payments or gifts to respondents in exchange for submitting the information would occur.
10. Assurance of confidentiality.
While no assurance of confidentiality to respondents would occur concerning the information respondents would submit in accordance with the proposed rule, the FAA would exercise care in handling any information that a submitter designates as proprietary. As stated in the Notice of Proposed Rulemaking, the FAA anticipates posting notices of availability to indicate the FAA’s acceptance of means of compliance. In addition, the FAA may elect to post declarations of compliance online. However, the information that accompanies each application seeking FAA acceptance may consist of information that is commercially valuable. The agency does not intend to make such accompanying information available to the public.
11. Justification for collection of sensitive information.
DOT would not request information of a sensitive nature from any respondent.
12. Estimate of burden hours for information requested.
Declaration of Compliance and Means of Compliance
The final rule requires the manufacturers of small UAS to provide a declaration of compliance to the FAA. Using the FAA small UAS aircraft registry, for the limited purpose of estimating the information collection burden associated with the FAA’s final rule, the agency assumes that the top 31 small UAS models weighing 11.68 pounds or less might be able to meet the requirements of the rule. The agency assumes each of the manufacturers would apply for acceptance of a declaration of compliance. Similarly, DOT also assumes that in each subsequent year, manufacturers would introduce a comparable number of models that could also be subject to obtaining a declaration of compliance. DOT estimates that approximately five percent of documents initially submitted to the FAA would not be accepted until reworked and resubmitted by the applicant. In Year 1, the annual hourly burden equals the number of documents submitted (32.55) multiplied by the number of pages (50 pages), and lastly multiplied by the hours per page (one hour). The following table shows the total annual hourly burden estimated for the means of compliance and declaration of compliance.
Table 1: Annual Hourly Burden for Means of Compliance
and Declaration of Compliance
Year |
Initial Submissions |
Resubmissions |
Pages Per Submission |
Average Hours Per Page |
Total Hours |
1 |
31 |
1.55 |
50 |
1 |
1,628 |
2 |
8 |
0.4 |
50 |
1 |
420 |
3 |
8 |
0.4 |
50 |
1 |
420 |
Total |
47 |
2.35 |
50 |
1 |
2,468 |
Row and column totals may not sum due to rounding.
FAA estimates the number of responses to total 49.35 over the three-year period, for an hourly burden totaling 2,468 over the same three-year timeframe.
Remote Pilot Operating Instructions
The final rule requires the holders of a declaration of compliance to provide remote pilot operating instructions (RPOI). For a simple small UAS with no approved modifications or alternate configurations, the RPOI could be as few as two pages. For a more complex small UAS, we estimate the RPOI could be up to 10 pages. Each page could take the manufacturer between 10 and 40 hours to draft.3 For this analysis, the FAA uses an average of six pages ([2 + 10] / 2 = 6) and an average of 25 hours per page ([10 + 40]) / 2 = 25).
Table 2: Annual Hourly Burden Estimates for Remote Pilot Operating Instructions
Year |
Operating Instructions |
Pages |
Hours Per Page |
Hourly Burden |
1 |
31 |
6 |
25 |
4,650 |
2 |
8 |
6 |
25 |
1,200 |
3 |
8 |
6 |
25 |
1,200 |
Total |
47 |
6 |
25 |
7,050 |
Row and column totals may not sum due to rounding.
FAA estimates the number of responses to total 47 over the three-year period, for an hourly burden totaling 7,050 hours over the same three-year period.
Labeling of Small Unmanned Aircraft
The final rule requires a holder of an FAA-accepted declaration of compliance to label the small UAS with each category of operations the small UAS is qualified to conduct. Some small UAS could be qualified to conduct more than one category of operation. For example, a small UAS qualified to conduct Category 2 operations may also be qualified to conduct Category 3 operations; in such a case, the label on the small unmanned aircraft would list both Category 2 and Category 3. The label could be painted onto, etched into, or affixed to the aircraft by some other permanent means. A manufacturer would likely redesign an existing label already affixed to the aircraft, and that the label redesign would take a maximum of two hours.
Table 3: Annual Burden Estimates for Labeling Unmanned Aircraft (Hours)
Year |
Number of Platforms |
Hours Per Redesign |
Hourly Burden |
1 |
31 |
2 |
62 |
2 |
8 |
2 |
16 |
3 |
8 |
2 |
16 |
Total |
47 |
|
94 |
Row and column totals may not sum due to rounding.
FAA estimates the number of respondents to total 47 over the three-year period, for an hourly burden totaling 94 hours over the same three-year period.
Maintenance Records
Owners of sUAS issued an airworthiness certificate under Part 21 must retain records of all maintenance performed on their aircraft and records documenting the status of life-limited parts, compliance with airworthiness directives, and inspection status of the aircraft. The records must be kept for the time specified in §107.140, and they must be available to the FAA and law enforcement personnel upon request.
The FAA expects that 100 hundred small UAS that could also be eligible to conduct category 4 operations will be added to the fleet each year. It is estimated that on a per aircraft basis, 0.5 hours would be required per year for the purpose of documenting and retaining maintenance records.
Table 4: Annual Hourly Burden Estimates for Part 107 Maintenance Records
Year |
Number of Respondents |
Affected Small UAS |
Hourly Burden (0.5 per sUAS) |
1 |
1 |
100 |
50 |
2 |
2 |
200 |
100 |
3 |
3 |
300 |
150 |
Total |
|
|
300 |
The FAA estimates the number of respondents will total 3 at the end of year 3, for a total of 600 responses. The hourly burden totals 300 hours over the three-year period. This results in an average of 200 responses per year, and an hourly burden of 100 hours per year.
Declaration of Compliance and Means of Compliance
The annual cost burden for the applicants to complete the declaration of compliance equals the number pages per submission multiplied by the hours per page, multiplied by a fully burdened hourly wage of $96.92. The cost is approximately $157,730 in year 1, and $42,645 in each of years 2 and 3, for the small UAS manufacturers to submit their declarations. Over the 3-year analysis period, the total cost is approximately $243,027 in 2020 dollars.
Table 5: Annual Burden and Cost for Means of Compliance
and Declaration of Compliance
Year |
Initial Submissions |
Resubmis- sions |
Pages Per Submission |
Average Hours Per Page |
Total Hours |
Total Cost |
1 |
31 |
1.55 |
50 |
1 |
1,628 |
$157,737 |
2 |
8 |
0.4 |
50 |
1 |
420 |
$40,706 |
3 |
8 |
0.4 |
50 |
1 |
420 |
$40,706 |
Total |
47 |
2.35 |
50 |
1 |
2,468 |
$230,150 |
Row and column totals may not sum due to rounding
Remote Pilot Operating Instructions
For applicants to develop and maintain remote pilot operating instructions, a fully-burdened hourly wage of $96.924 is multiplied by the total hourly burden of 7,050 hours for total cost of approximately $683,300.
Table 6: Annual Burden Estimates for Remote Pilot Operating Instructions
Year |
Operating Instructions |
Pages |
Hours Per Page |
Hourly Burden |
Total Cost |
1 |
31 |
6 |
25 |
4,650 |
$450,678 |
2 |
8 |
6 |
25 |
1,200 |
$116,304 |
3 |
8 |
6 |
25 |
1,200 |
$116,304 |
Total |
47 |
6 |
25 |
7,050 |
$683,286 |
Row and column totals may not sum due to rounding.
Labeling of Unmanned Aircraft
A manufacturer would likely redesign a label already affixed to the aircraft, which would take a maximum of approximately two hours at a fully burdened hourly wage of $96.925 for an annual cost of $6,009 in year 1, and $1,551 in each of years 2 and 3. Over the 3-year analysis period, the total cost is approximately $9,110.
Table 7: Annual Burden Estimates for Labeling Unmanned Aircraft (Hours)
Year |
Number of Platforms |
Hours Per Redesign |
Hourly Burden |
Total Cost |
1 |
31 |
2 |
62 |
$6,009 |
2 |
8 |
2 |
16 |
$1,551 |
3 |
8 |
2 |
16 |
$1,551 |
Total |
47 |
|
94 |
$9,110 |
Row and column totals may not sum due to rounding.
Maintenance Records
It is expected that maintenance record upkeep and documentation would be performed by a Part 107 airman certificated remote pilot. The fully burdened hourly wage for a part 107 remote pilot is estimated to be $47.66.6 Multiplying the total combined hourly burden of 300 hours by the fully burdened hourly wage of $47.66 yields a total cost of approximately $14,298 for the three year period.
Table 8: Annual Hourly Burden Estimates for Part 107 Maintenance Records
Year |
Number of Respondents |
Affected Small UAS |
Hourly Burden (0.5 hours/ sUAS) |
Total Cost ($47.66/hour) |
1 |
1 |
100 |
50 |
$2,383 |
2 |
2 |
200 |
100 |
$4,766 |
3 |
3 |
300 |
150 |
$7,149 |
Total |
|
|
300 |
$14,298 |
Row and column totals may not sum due to rounding.
Total Economic and Time Burden
Table 9: TOTAL Annual Burdens
IC |
Number of Submissions |
Time Per Submission |
Total Hours |
Total Cost |
DOC/MOC |
17 |
50 |
850 |
$76,717 |
RPOI |
16 |
150 |
2,400 |
$232,608 |
Labeling |
16 |
2 |
32 |
$3,037 |
Mx Records |
200 |
0.5 |
100 |
$4,766 |
Total |
249 |
202.5 |
3,382 |
$110,796 |
Row and column totals may not sum due to rounding.
13. Estimate of total annual costs to respondents.
There are no additional start-up costs associated with this collection not already included in item number 12.
14. Estimate of cost to the Federal government.
The agency estimates the number of hours for the agency to review the declaration of compliance and means of compliance and notify an applicant as to whether the means of compliance or declaration of compliance has been accepted to be three hours. The hourly wage for a FAA subject matter expert to review the submission is a fully-burdened hourly wage of $103.77 per hour7 for an annual cost of $10,133 in year 1, and $2,615 in each of years 2 and 3. The total FAA cost over the three-year analysis period is $15,363.
Table 7: Annual Hourly Burden and Cost for FAA Review of Manufacturer Means of Compliance and Declaration of Compliance
Year |
Initial Submissions |
Resub- missions |
Average FAA Review Time (Hours) |
Total Hours |
Total Cost |
1 |
31 |
1.55 |
3 |
97.65 |
$10,133 |
2 |
8 |
0.4 |
3 |
25.20 |
$2,615 |
3 |
8 |
0.4 |
3 |
25.20 |
$2,615 |
Total |
47 |
2.35 |
3 |
148.05 |
$15,363 |
Row and column totals may not sum due to rounding.
The agency does not expect to incur any costs related to the labeling of the small unmanned aircraft eligible for operations over people or regarding the requirement for manufacturers to provide remote pilot operating instructions. Declarations of compliance will request a statement in which manufacturers affirm the small UAS will be subject to remote pilot operating instructions. The above estimate for reviewing declarations of compliance reflects the FAA’s review of this required statement.
15. Explanation of program changes or adjustments.
On January 15, 2021, the FAA published a final rule, Operation of Small Unmanned Aircraft Systems Over People (2120-AK85). That final rule included a provision requiring retention of maintenance records in certain circumstances. However, the FAA neglected to provide opportunity for public comment in the NPRM for 2120-AK85. Therefore, the FAA published, on January 26, 2021, a 60-day Federal Register notice seeking comment on the maintenance recordkeeping requirement.
16. Publication of results of data collection.
No requirement exists that will obligate DOT to publish for statistical use any information collected in accordance with this collection. The final rule, however, notifies the public of the FAA’s intent to post notices of availability indicating the FAA’s acceptance of means of compliance. The FAA also intends to post declarations of compliance online. However, the FAA does not intend to post the information on which these decisions of acceptance are based.
17. Approval for not displaying the expiration date of OMB approval.
DOT does not seek approval to refrain from displaying the expiration date of OMB approval of this proposed information collection.
18. Exceptions to certification statement.
DOT has not identified any exceptions in Item 19, OMB Form 83-I.
1 For Category 2 operations, the small unmanned aircraft must be designed, upon impact with a person, to not result in an injury equivalent to or more severe than the injury that would result from a transfer of 11 ft-lbs of kinetic energy from a rigid object. For Category 3 operations, the small unmanned aircraft must be designed, upon impact with a person, to not result in an injury equivalent to or more severe than the injury that would result from a transfer of 25 ft-lbs of kinetic energy from a rigid object. For both categories, the small unmanned aircraft used in the operation would be prohibited from having any exposed rotating parts that could lacerate human skin and from having safety defects.
2 The labeling requirement this rule proposes is not the sole means by which a remote pilot in command will be aware of the operating limitations applicable to Category 3 operations. Remote pilots in command must maintain awareness of updated regulations, as required by §§ 107.73(a) and 107.74(a).
3 The range in time of 10 to 40 hours is inclusive of all activities required to draft and review the remote pilot operating instructions.
4 Based on the Regulatory Evaluation for the final rule titled “Operation of Small Unmanned Aircraft Systems over People”, the FAA assumes a technical expert performing this level of work in the private sector would earn an amount equivalent to that of an FAA Technical Subject Matter Expert at “J” Pay Band hourly wage. The fully burdened wage is $96.92 (in 2020 dollars).
5 See footnote 4.
6 Average is based on information found at https://www.thedroneu.com/blog/part-107-faq-drone-license/. Accessed 6/17/2020.
7 Based on the analysis in Regulatory Evaluation of proposed rule titled “Operation of Small Unmanned Aircraft Systems over People”, an FAA Technical Subject Matter Expert performing this review would earn an upper-bound “J” Pay Band hourly wage of $72.91 (in 2017 dollars).
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Taylor CTR Dahl |
| File Modified | 0000-00-00 |
| File Created | 2021-04-28 |