View Information Collection Request (ICR) Package

OMB Control No: 2120-0812	ICR Reference No: 202302-2120-006
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOT/FAA	Agency Tracking No:
Title: Experimental Aircraft: Letters of Deviation Authority (LODA)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/03/2023
	Date Received in OIRA: 03/20/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2026	36 Months From Approved
Responses	20	0	0
Time Burden (Hours)	380	0	0
Cost Burden (Dollars)	0	0	0

Abstract: In 2004, the FAA established a Letter of Deviation Authority (LODA) process for operators who advertise or “hold out” their experimental aircraft for use in training, testing or checking in exchange for compensation. See 69 Fed. Reg. 44771 (July 27, 2004). To obtain a LODA, the operator must submit an application to the FAA that includes airworthiness and maintenance records, and an aircraft-specific training outline at least 60 days in advance of the first training operation. The FAA uses this collection of information to ensure that operators of an aircraft with an experimental airworthiness certificate who broadly offer their aircraft for training, testing or checking follow appropriate safety precautions. Application is made to the FAA electronically by email, fax, in-person delivery, or mail, to the responsible FAA Flight Standards District Office. This requirement applies to the registered aircraft owner seeking to conduct operations through deviation authority, or their agent. Importantly, the LODA requirement in this information collection does not apply to owners (and those affiliated with owners) of experimental aircraft who receive training, testing or checking in their own aircraft. On July 12, 2021, in response to a court ruling, the FAA issued a “Notification of Policy for Flight Training in Certain Aircraft” in the Federal Register (86 FR 36493) that established a shortened, email LODA requirement for owners of experimental aircraft who receive training, testing or checking in their own aircraft. However, the National Defense Authorization Act (NDAA) of 2023 eliminated this requirement. The FAA no longer requires owners of experimental aircraft to apply for a LODA to receive training, testing or checking in their own aircraft.

Authorizing Statute(s): US Code: 49 USC 44711 Name of Law: Prohibitions and exemption
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? Yes

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
91.319 Experimental LODA Reporting and Recordkeeping

ICR Summary of Burden

	Total Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	20	20
Annual Time Burden (Hours)	380	380
Annual Cost Burden (Dollars)	0	0

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:

Annual Cost to Federal Government: $10,197

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