Justification Letter

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U.S. Department
of Transportation

Office of the Chief Counsel

800 Independence Ave., SW.
Washington, D.C. 20591

Federal Aviation
Administration

November 12, 2025
Tyler Glotfelty
0MB Desk Officer
Office of Information and Regulatory Affairs
Office of Management and Budget
Executive Office of the President

Re: Emergency Paperwork Reduction Act Clearance
Dear Sir:

This is a request to the Office of Management and Budget (0MB) for emergency clearance for a
new Information Collection Request (ICR) to enable the Federal Aviation Administration (FAA)
to collect information from certain air carriers regarding reduced operations at certain airports as
required by the FAA's Cancellation and Replacement of Emergency Order Establishing
Operating Limitations on the Use of Navigable Airspace.
Because of the continued lapse in appropriations, the FAA has experienced increasing air traffic
controller staffing constraints. Therefore, the FAA's Office of Aviation Safety (AVS) and Air
Traffic Organization (ATO) reviewed, monitored, and evaluated air traffic control safety. As part
of this review, the FAA assessed voluntary safety reports submitted for the month of October.
The reports indicated users of the National Airspace System (NAS) had concerns about its
performance even with current mitigations in place. The FAA has also observed evidence of
increased stress on the NAS in aviation safety data, particularly at 40 high traffic airports.
This data prompted the FAA to issue the Emergency Order Establishing Operating Limitations
on the Use of Navigable Airspace on November 7, 2025 (November 7 Emergency Order), to
mitigate safety concerns and address ATC stressors. As part of this November 7 Emergency
Order, the FAA required certain air carriers operating at the 40 high traffic airports to reduce
their total daily scheduled domestic operations between 6:00 a.m. and 10:00 p.m. local by 10
percent, subject to the provisions set forth in this Emergency Order. One of the provisions
required the air carriers to "submit a list of reduced operations to the FAA Slot Administration"
and daily thereafter. 90 FR 50884 (Nov. 12, 2025). The FAA is in the process of canceling and
replacing the November 7 Emergency Order to reduce the reduction rate to 6 percent. The
revised Order should be signed on November 12, 2025 (November 12 Emergency Order).
Critical Nature of the Information Collection Request
The FAA Administrator has broad authority to ensure the safety of aircraft and the efficient use
of the nation's navigable airspace. In carrying out the Administrator's safety and efficiency
responsibilities under the statute, the Administrator must: (1) assign, maintain, and enhance
safety and security as the highest priorities in air commerce, and (2) control the use of the

Office of the Chief Counsel
Federal Aviation Administration

navigable airspace and regulate civil operations in that airspace in the interest of the safety and
efficiency of those operations.' Safety and efficiency of the NAS is essential to the FAA's
mission. The data allows the FAA to ensure the rate reduction is achieved to alleviate stressors
on the air traffic control system.

The federal government and its workforce are experiencing a lapse in appropriations that has
continued for an unprecedented number of days. As a result, air traffic controllers have been
working without pay since October 3, 2025, and the FAA has experienced increasing air traffic
controller staffing constraints. AVS 's review of safety reports submitted in the month of
October, other factors as described further in the attached November 7 Emergency Order,
indicated increased stress on the NAS. The FAA issued its November 7 Emergency Order to
mitigate risks to the NAS and improve airspace efficiency.
In addition, the data allows the DOT and FAA to know which travelers and communities are
impacted by the reductions. Based upon those impacts, the FAA may reject or direct
modifications to such reductions to prevent unacceptable disproportionate impacts to flight
availability including regional routes and Essential Air Service and to ensure even distribution of
reductions throughout the day at each airport. The FAA is requesting an emergency PRA
approval because of the safety risk presented by the stress placed on the ATC system by the
additional operations.

Need for Emergency Approval

The immediate collection of data from air carriers reporting their reduced operations is critical so
that the FAA can properly monitor carriers' compliance with the Emergency Order. The use of
the normal clearance procedures for the ICR approval will prevent the FAA from obtaining
critical data that it will use to manage risk to the NAS created by an unprecedented lapse in
appropriations and resulting staffing shortages.
According to 5 CFR 1320.13, agencies may request emergency approval "....accompanied by
written determination that:

(1) The collection of information:
(i) Is needed prior to the expiration of time periods established under this
Part; and
(ii) Is essential to the mission of the agency; and
(2) The agency cannot reasonably comply with the normal clearance procedures
under this part because:
(i) Public harm is reasonably likely to result if normal clearance procedures
are followed;
(ii) An unanticipated event has occurred; or
(iii) The use of normal clearance procedures is reasonably likely to prevent
or disrupt the collection of information or is reasonably likely to cause a statutory
or court ordered deadline to be missed.
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49 U.S.C. § 40101(d)(1) and (4).

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Office of the Chief Counsel
Federal Aviation Administration

(b) The agency shall state the time period within which 0MB should approve or
disapprove the collection of information.
(c) The agency shall submit information indicating that it has taken all practicable
steps to consult with interested agencies and members of the public in order to
minimize the burden of the collection of information.
(d) The agency shall set forth in the Federal Register notice prescribed by
1320.5(a)(1)(iv), unless waived or modified under this section, a statement that it
is requesting emergency processing, and the time period stated under paragraph (b)
of this section.
(e) 0MB shall approve or disapprove each such submission within the time period
stated under paragraph (b) of this section, provided that such time period is
consistent with the purposes of this Act.
(f) If 0MB approves the collection of information, it shall assign a control number
valid for a maximum of 90 days after receipt of the agency submission."

..

Collection of data must occur immediately upon the Emergency Order's effective date to allow
the FAA the required insight into carriers' compliance with the Emergency Order. Public harm is
reasonably likely to result if normal clearance processes are followed and the FAA is unable to
receive timely data regarding carriers' reductions in operations. In addition, the need for the
requested data arose from an unanticipated event-a lapse in appropriations that has continued
for an unprecedented number of days, resulting in staffing constraints for air traffic controllers.
The FAA has worked with responding carriers to minimize their burden of producing lists of
reduced operations. For example, the FAA provided a standardized format that can be used by all
carriers submitting their reduction list. The FAA will continue to work with carriers to identify
other ways, if feasible, to minimize the burden.
Due to the urgency of the FAA's data requirements and potential risks to public safety in any
delay, the FAA respectftilly asks 0MB for emergency approval of the ICR within 24 hours of
receipt of this letter.
If you have any questions regarding this request, please contact Lynsey Scott at
lynsey. scoUfaa.gov or 202-445-1353.
Sincerely,

FAA Chief Counsel

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