This paperwork burden directly
supports the Department of Transportation Strategic Goal on Safety.
Specifically, the goal is to promote the public health and safety
by working toward the elimination of transportation related deaths,
injuries, and property damage. The reporting and recordkeeping
requirements of Federal Aviation Regulation (FAR) Part 91, General
Operating and Flight Rules, are authorized by Part A of Subtitle
VII of the Revised Title 49 United States Code. FAR Part 91
prescribes rules governing the operation of aircraft (other than
moored balloons, kites, rockets and unmanned free balloons) within
the United States. The reporting and recordkeeping requirements
prescribed by various sections of FAR Part 91 are necessary for FAA
to assure compliance with these provisions. This information
collection also reflects the reporting requirements related to
exercise of emergency powers by remote pilots in command pursuant
to 14 CFR 107.21. That section states that in an in-flight
emergency requiring immediate action, the remote pilot in command
may deviate from any rule of part 107 to the extent necessary to
meet that emergency. Each remote pilot in command who deviates from
a rule in an in-flight emergency must, upon request of the
Administrator, send a written report of that deviation to the
Administrator. The collection is being revised to include the
submission of an application materials to obtain a Letter of
Deviation Authority to permit flight instruction for compensation
or hire aboard aircraft holding experimental category aircraft
certificates under 14 CFR § 91.319. The information to be collected
will be used to determine whether such flight instruction can be
conducted safely.
US Code:
49
USC 44701 Name of Law: General requirements
In 2004, the FAA published a
final rule requiring operators of experimental aircraft to apply
for a Letter of Deviation Authority (LODA) to conduct operations
for compensation or hire under 14 CFR 19.319. See 69 Fed. Reg.
44771 (July 27, 2004). When publishing the 2004 final rule, the FAA
inadvertently omitted its submission to the OMB detailing the
information collection burden under the Paperwork Reduction Act
(PRA). See 69 Fed. Reg. at 44858 (explaining estimated PRA burden
and OMB compliance requirements). As a result of this omission, the
existing OMB collection does not account for the PRA burden of
LODAs issued to operators under § 91.319. In the 2004 final rule,
the FAA also implied that, beginning January 31, 2010, all
experimental light sport aircraft (ELSA) operators would similarly
need to apply for a LODA to conduct operations for compensation or
hire. 69 Fed. Reg. at 44853 (explaining LODA requirements for ELSA
operators). This additional LODA implication—published in the 2004
final rule with an effective date in 2010—was also inadvertently
not accounted for in the OMB’s information collection. As a result
of these inadvertent omissions to OMB, the FAA submits this
Supporting Statement to ensure compliance with the PRA.
Importantly, the FAA has already requested and received public
comment on the anticipated PRA burden for obtaining a LODA for
experimental and ELSA aircraft operators. See 69 Fed. Reg. at 44858
(adjudicating comments from public regarding PRA burden). Thus, the
FAA notes that it considered comments from interested members of
the public when finalizing the LODA requirements under § 91.319. In
other words, the FAA submits this Statement to ensure technical
compliance with the OMB’s PRA requirements, as a matter of
diligence in meeting these requirements and ensuring accuracy in
recordkeeping procedures.
$2,637,988
No
No
No
No
No
No
No
Chris Morris 202
267-4418
No
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:
(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;
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.