View Information Collection Request (ICR) Package

OMB Control No: 2120-0005	ICR Reference No: 202205-2120-007
Status: Historical Inactive	Previous ICR Reference No: 202104-2120-004
Agency/Subagency: DOT/FAA	Agency Tracking No: Ready for OST Review
Title: General Operating and Flight Rules - FAR 91
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 12/27/2022
	Date Received in OIRA: 09/21/2022
Terms of Clearance: As documented in the supporting statement and supplemental guidance, certain elements proposed in this revision have been collected for a number of years. The agency is instructed to resubmit this ICR Revision as an Existing Collection without OMB approval. The agency will also make additional revisions to the supporting statement per 12/21/2022 correspondence.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2024	36 Months From Approved	10/31/2024
Responses	1,772,836	0	1,772,836
Time Burden (Hours)	282,129	0	282,129
Cost Burden (Dollars)	0	0	0

Abstract: 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.

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

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 8335	02/14/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 53538	08/31/2022
Did the Agency receive public comments on this ICR? No

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: 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.

Annual Cost to Federal Government: $2,637,988

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

Agency Contact: Chris Morris 202 267-4418

View ICR - OIRA Conclusion