One Time Re-Application for Letter of Deviation Authority (LODA) for Experimental Aircraft Broadly Offered For Training, Testing or Checking under Part 91

Forms and Documents

Document Name	Status
Statutory Authority for ICR 2120-xxxx.docx Supplementary Document	2023-04-03
2120-xxxx Supp Stat 8-3-23.docx Supporting Statement A	2023-08-03

IC Document Collections

IC ID	Document Title	Status
259463	Reapplication for Letter of Deviation Authority Other-Information collected	New

ICR Details

OMB Control No:	ICR Reference No: 202304-2120-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/FAA	Agency Tracking No:
Title: One Time Re-Application for Letter of Deviation Authority (LODA) for Experimental Aircraft Broadly Offered For Training, Testing or Checking under Part 91
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/03/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	90	0
Time Burden (Hours)	360	0
Cost Burden (Dollars)	0	0

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Abstract: The Notice of Proposed Rulemaking (NPRM), “Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges” proposes to terminate all active letters of deviation authority (LODAs) for training operations for compensation in experimental aircraft within two years of the effective date of the final rule. The FAA expects operators of experimental aircraft with active LODAs who broadly offer their aircraft for training to re-apply for a LODA under the proposed § 91.326(b) of Title 14 of the Code of Federal Regulations (14 CFR) within this time period. The FAA is proposing to terminate current LODAs in order to ensure that all operators are in compliance with the proposed requirements.

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Authorizing Statute(s): US Code: 49 USC 44701 Name of Law: General requirements
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2120-AL61	Proposed rulemaking	88 FR 41194	06/23/2023

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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: 1

IC Title	Form No.	Form Name
Reapplication for Letter of Deviation Authority

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ICR Summary of Burden

	Total Request	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	90	0	0	90	0	0
Annual Time Burden (Hours)	360	0	0	360	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The proposed rule creates § 91.326(b) which establishes unified requirements for operators who broadly offer certain aircraft with special airworthiness certificates for flight training, testing, or checking to obtain prior approval from the FAA in the form of a LODA. Through the LODA process, the FAA provides oversight of operators who “hold out” certain aircraft with special airworthiness certificates for elective and specialized flight training, testing, and checking. The advisory circular published concurrently with this proposed rule provides guidance, sample documentation, and training materials to fulfill Recommendation A-12-035 of the National Transportation Safety Board. The FAA expects that the proposed § 91.326(c) and advisory circular will ensure consistency and clarify the application process, thereby making it easier for potential applicants to understand requirements and submit a successful application. The FAA proposes to terminate all active LODAs for training operations for compensation in experimental aircraft within two years of the effective date of the final rule. The FAA expects operators of experimental aircraft with active LODAs who broadly offer their aircraft for training to re-apply for a LODA under the proposed § 91.326(b) within this time period. The FAA currently issues LODAs without expiration dates for eligible operators who broadly offer their aircraft for training. The FAA is proposing to terminate current LODAs in order to ensure that all operators are in compliance with the proposed requirements.

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Annual Cost to Federal Government: $28,549

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? No

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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: 08/03/2023

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