2120-0005 2014

SUPPORTING STATEMENT

General Operating and Flight Rules ‑ FAR 91

OMB 2120‑0005

A. JUSTIFICATION:

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

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.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information collected becomes a part of FAA's official records and is used only by the FAA for certification, compliance and enforcement, and when accidents, incidents, reports of noncompliance, safety programs, or other circumstances require reference to records. Without this information, the FAA would be unable to control and maintain the consistently high level of civil aviation safety we enjoy.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The collection of this information does not lend itself to sophisticated collection techniques or other forms of collection.

4. Describe efforts to identify duplication. Show specifically why any similar information already available can used for the purpose described in Item 2 above.

All records and information gathered are compiled for a specific reason, from a specific source. The information collected only relates to a unique and specific requirement and situation. Our other public information collection methods do not contain the required information.

The requirements of the Revision of Title 49 United States Code and the correspondent Federal Aviation Regulations of Title 14 mandate the collection of certain information which is available only from within the aviation community. These records and other information cannot be obtained from any other source.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The collection of information is obtained only when necessary to fulfill the requirements of the Federal Aviation Regulations. For the most part, written entries require only minutes to make a log entry or provide notification of a deviation or show compliance. Individuals or small entities may receive, upon request, specific assistance from FAA's Aviation Safety Inspectors located in district offices around the country.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

All records and information, whether gathered on a scheduled basis, on demand, or as required by regulation, is done so for the accomplishment of a specific regulatory requirement necessary to maintain a high degree of safety in aviation. These requirements were carefully thought out prior to implementation and to delay the collection and documentation of this information might well create possible hazards in the airspace system.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with 5 CFR 1320.5(d)(2)(i)-(viii).

The guidelines specified in 5 CFR 1320.5(d)(2)(i)-(viii) are being complied with in the collection of information required by FAR Part 91.

8. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

FAR Part 91 has been previously published in the Federal Register for public comment. These comments were received, reviewed and acted upon prior to issuance of the final rule on June 29, 1963. During the triennial review of this clearance, notification of the review was published in the Federal Register on September 3, 2014, vol. 79, no. 170, page 52404, to allow for public comment. No comments were received.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gifts are made to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Any proprietary information obtained shall be handled at all times in compliance with pertinent regulations and laws governing disclosure of this information. However, there is no general assurance of confidentiality.

11. Provide additional justification for any questions of a sensitive nature.

There are no requirements within FAR Part 91 to elicit any information or records regarding "sexual behavior and attitude, religious beliefs, and other matters that are commonly considered private."

12. Provide estimates of the hour burden of the collection of information. This statement should:

Provide number of respondents, frequency of response, annual burden, and an explanation of how the burden was estimated.

We estimate the total number of respondents to be approximately 21,200. Since most respondents are individual members of the aviation public from all walks of life, we are unable to set an accurate dollar figure on their time. However, assuming a cost of $ 23/burden hour, a section by section breakdown of the applicable sections of FAR 91 is listed below, which provides the requested information.

Section 91.3, Responsibility and Authority of the Pilot in Command. Each pilot in command who, during an emergency requiring immediate action, deviates from any rule in Part 91 shall, upon request of the Administrator, send a written report of that deviation to the Administrator.

Estimated annual reports of deviations 800 Average hours per report .3 Estimated annual burden hours 240

Estimated annual cost burden $ 5,520

Section 91.309(a)(4) Towing: Gliders Before conducting any towing operations within a control zone, or before making each towing flight within a control zone required by Air Traffic Control (ATC), the pilot in command notifies the control tower if one is in operation in that control zone. If such a control tower is not in operation, he must notify the FAA flight service station serving the control zone before conducting any towing operations in that control zone.

Estimated annual number of notifications 2650 Average hours per request __.1 Estimated annual burden/hours 265

Estimated annual cost burden $ 6,095

Section 91.311 Towing: Other Than Gliders. The reporting burden of this section is approved under OMB 2120‑0027, Application for a Certificate of Waiver or Authorization.

Section 91.705, Operations within the North Atlantic Minimum Navigation Performance Specifications Airspace. Unless otherwise authorized by the Administrator, no person may operate a civil aircraft of U. S. registry in North Atlantic airspace designated as Minimum Navigation Performance Specifications airspace unless that aircraft has approved navigation performance capability which complies with the requirements of Appendix C to this Part.

Section 91.706, Operations within airspace designed as Reduced Vertical Separation Minimum Airspace. Unless otherwise authorized by the Administrator, no person may operate a civil aircraft of U.S. registry in airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace unless the operator, and the operator’s aircraft, comply with the requirements of Appendix G to this part. This now includes flight within the continental United States.

Estimated annual number of requests for approval 3000 Average hours per request 2.5 Estimated annual burden/hours 7500 Estimated annual cost burden $172,500

Section 91.215, ATC Transponder and Altitude Reporting Equipment Section 91.215(a), All Airspace: U.S.-Registered Civil Aircraft. Aircraft owners or operators are required to submit data to the Administrator to obtain approvals to use certain transponder equipment manufactured prior to revised Technical Standards Orders (TSO's).

Estimated annual requests for approval 54

Average hours per request .25 Estimated annual burden hours 13.5 Estimated annual cost burden $ 310.50

Section 91.215(d)(2),(3), ATC Authorized Deviations. Each person who has reason to operate an aircraft in certain controlled airspace on a continuing basis without an operable coded radar beacon transponder must submit a request to the appropriate air traffic facility for a deviation from the rule.

Estimated annual requests for deviations 4,150 Average hours per request .1 Estimated annual burden hours 415

Estimated annual cost burden $ 9,545

Section 91.171(d), VOR Equipment Check Required for IFR Operations. Each person who makes a VOR operational check is required to record the results of that check in the aircraft log or other permanent record (recordkeeping).

Estimated annual record entries 1,526,560 Hours per entry .05 Estimated annual burden hours 76,368

Estimated annual cost burden $ 1,755,544

Section 91.203(a)(1), Civil Aircraft, certifications required.

A revised airworthiness certificate having on it an assigned special identification number that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards District Office.

Estimated Annual number of applications 230 Average hours per request .50 Estimated annual burden/hours 115 Estimated annual cost burden $ 2,645

Section 91.715(a), Special Flight Authorizations for Foreign Civil Aircraft. Owners and operators of foreign civil aircraft, in which there is no airworthiness certificate, are required to request a special flight authorization from the regional director of the region in which the applicant is located. The applicant must show that operating limitations have been established and certify that aircraft will be operated within those limitations. This is to assure safety of operations in U.S. airspace.

Estimated annual special flight requests 690 Average hours per request 1.5 Estimated annual burden hours 1,035 Estimated annual cost burden $ 23,805

Section 91.9, Civil Aircraft Operating Limitations and Marking Requirements. Operating limitations for aircraft are prescribed by the manufacturer and approved by the Administrator. The limitations are based on the fact that all cabin doors are in place and closed during flight. Sport parachuting and skydiving require the removal of one cabin door before the aircraft leaves the ground. This change in design imposes additional operating limitations on the authorization with operating limitations (use of the aircraft for parachuting and skydiving).

Estimated annual applications 730

Average hours per application .25 Estimated annual burden 182.5 Estimated annual cost burden $ 4,198

Section 91.313, Restricted Category Civil Aircraft; Operating Limitations. Reporting burden of this section is approved under OMB 2120‑0027, Application for a Certificate of Waiver of Authorization.

Section 91.317, Provisionally Certificated Civil aircraft; Operating Limitations. A person who desires to operate a provisionally certificated aircraft beyond the limitations of this section is required to make application to the Administrator for authorization to do so.

Estimated annual applications 87

Average hours per application .5 Estimated annual burden hours 44 Estimated annual cost burden $ 1,012

Section 91.319, Aircraft Having Experimental Certificates; Operating Limitations. Operating Limitations. A person who desires to operate an experimentally certificated aircraft beyond the limitations of this section is required to make application for special operating limitations.

Estimated annual applications 1,030

Average hours per application .5 Estimated annual burden 515 Estimated annual cost burden $ 11,845

Section 91.23, Truth-In-Leasing Requirement in Leases and Conditional Sales Contracts. Leasers or conditional buyers are required to prepare and include in their lease agreement the Truth-In-Leasing requirements of this section. Leasers or conditional buyers are also required to mail a copy of the lease agreement to FAA, Oklahoma City, Oklahoma, within 24 hours of the inception. Lastly, a copy of the lease or agreement must be carried in the involved aircraft and be available for inspection by the Administrator.

Estimated truth‑in‑leasing 4000

Average hours per response l.1 Estimated annual burden 4,400 Estimated annual cost burden $ 101,200

Section 91.903, Waivers. Reporting burden of this section is approved under OMB 2120-0027, Application for a Certificate of Waiver or Authorization.

Section 91.123, Compliance with ATC Clearances and Instructions. Each pilot in command who deviates from an Air Traffic Control clearance or who is given a priority clearance by Air Traffic Control in an emergency is required to file a report of the deviation to Air Traffic Control as soon as possible. If priority clearance is given due to an emergency, the pilot in command must submit a detailed report if requested by the Air Traffic Center Manager within 48 hours.

Estimated annual reports of deviations 1,100

Average hours per report .3

Estimated annual burden hours 330

Estimated annual cost burden $ 7,590

Section 91.153 & 91.169. Flight Plan; information required - Reporting burden approved under OMB 2120-0026.

Section 91.707. Flights between Mexico or Canada and the U.S. - Reporting approved under OMB 2120‑0026.

Section 91.137. Prior to conducting operations in an area that has a temporary flight restriction, the operator of that aircraft carrying properly accredited news representatives, or persons on official business concerning the incident or event which generated the issuance of the Notice to Airman, must file with the Air Traffic Service facility specified in the Notice to Airmen a flight plan that includes five specific areas of information.

Estimated annual number of filings 100 Average hours per request .4 Estimated annual burden/hour 40

Estimated annual cost burden $ 920

Section 91.133(a). No person may operate an aircraft within a restricted area (designated in Part 73) contrary to the restrictions imposed, or within a prohibited area, unless he has the permission of the using or controlling agency, as appropriate. This application for permission could be a formal letter or an informal phone call.

Estimated annual number of applications 272

Average hours per request .6

Estimated annual burden/hours 163 Estimated annual cost burden $ 3,749

Section 91.135(c), Positive Control Areas and Route Segments.

Effective 9/16/93 - 91.135(d). A person who desires to operate an aircraft in positive controlled airspace without a transponder is required to request authorization from the Air Traffic Control Center having jurisdiction over the area.

Estimated annual requests for authorization 1,887 Average hours per request .4 Estimated annual burden hours 755

Estimated annual cost burden $ 17,365

Section 91.709, Operating To, or Over, Cuba. A person, other than a scheduled air carrier, who proposes to conduct a flight from the United States to Cuba is required to file a visual or instrument flight plan, and in addition, file a written statement to the Office of Immigration and Naturalization Service, which includes the flight plan data and other information required in that section.

Estimated annual written statements 2,150 Average hours per report .1

Estimated annual burden hours 215

Estimated annual cost burden $ 4,945

Section 91.409(d) Progressive Inspection. Progressive Inspection. Each aircraft owner or operator who desires to use the progressive inspection rather than the annual inspection system must submit a written request to the Flight Standards District Office having jurisdiction over the area. The request must include the data required by this section. Should the owner or operator desire to return to the annual inspection system, the local district office must be advised.

Estimated annual written requests 2,130

Average hours per request .5 Estimated annual burden 1,065 Estimated annual cost burden $ 24,495

The manual required by Section 91.411 is available at little or no cost from multiple sources; However, manuals may be self- developed. Self development results in the greatest burden and is used as the basis of this estimate. Approximately 5% of the 2,109 annual requests involve approximately 40 hours each in manual development. The remainder use procurement methods averaging 90% less time (4 hours each).

Estimated 5% or 107 annual manuals

of the 2,109 manuals developed,

at 39 hours each 4,274

Estimated 95% or 2,003 annual manuals

of the 2,109 manuals developed at

4 hours each 8,120

Total Manual Development (Hr ) 12,394

Estimated annual cost burden $ 285,062

Section 91.409(f) Inspection Program. The registered owner or operator of an aircraft to which this section is applicable, must select one of four optional inspections systems and identify the

program selected in the aircraft maintenance record. The name of the person responsible for scheduling the inspections must be contained in the program selected.

Estimated number of record entries 4,500

Average hours per entry .1

Total recordkeeping 450 Estimated annual cost burden $10,350

Section 91.417, Maintenance Records. Owners or operators of active U.S.‑registered aircraft must retain records of all maintenance, repairs, alterations, and inspections performed on their aircraft. The records must be kept for the time specified by this section, and they must be available for inspection by the Administrator or any designated representative. The actual recordkeeping entries are made by certificated aviation mechanics, repairmen, and designated inspectors at the time each action takes place (cleared by OMB 2120-0020). Approximately 211,000 aircraft owners and operators will spend about .63 hours annually to retain such records (recordkeeping).

Estimated annual records retained 214,733

Average annual hours per record .63 Estimated annual recordkeeping hours 135,282 Estimated annual cost burden $ 3,111,486

Appendix A: An applicant for approval of a Category II manual or an amendment to an approved Category II manual must submit the proposed manual or amendment to the General Aviation District Office having jurisdiction of the area in which the applicant is located. During the Category II evaluation program, records and information involving seven separate and distinct subject areas must be maintained by the applicant for each airplane with respect to each approach, and made available to the Administrator upon request. The maintenance program for Category II operations requires the promulgation of a list of each instrument and item of equipment in Section 2 of this Appendix, that is installed in the airplane and approved for Category II operations. In addition, a schedule for the performance of inspections, as well as the procedures to be accomplished (including the maintenance of records) must also be promulgated by the operator.

Estimated annual number of requests for approval

for Category II Manuals 75 Average hours per request 2.5 Estimated annual burden/hours 187.5

Estimated annual cost burden $ 4,312.50

Appendix B: An applicant for an authorization to exceed Mach 1 must apply in a form and manner prescribed by the Administrator.

Estimated annual number of requests

for authorization 20

Average hours per request .7

Estimated annual burden/hours 14

Estimated annual cost burden $ 322

The section of FAR 91 containing reporting and recordkeeping requirements are listed and totaled by reporting hours, recordkeeping hours, burden costs, total hours and total costs.

FAR SECTION REPORTING RECORDKEEPING BURDEN

Section 91.3(c) 240 hours $ 5,528

Section 91.309(a)(4) 265 hours $ 6,095

Section 91.705, 91.706 7500 hours $ 172,500

Section 91.215(a) 13.5 hours $ 310.50

Section 91.215(c)(3) 415 hours $ 9,545

Section 91.171(d) 76,328 hours $1,755,544

Section 91.203(a)(1) 115 hours $ 2,645

Section 91.715(a) 1035 hours $ 23,805

Section 91.9 182.5 hours $ 4,198

Section 91.317 44 hours $ 1,012

Section 91.319 515 hours $ 11,845

Section 91.23 4400 hours $ 101,200

Section 91.123 330 hours $ 7,590

Section 91.137 40 hours $ 920

Section 91.133 163 hours $ 3,749

Section 91.135(b) 755 hours $ 17,365

Section 91.709 215 hours $ 4,945

Section 91.409(d) 1065 hours 12,394 hours $ 285,062

Section 91.409(f) 450 hours $ 10,350

Section 91.417 135,282 hours $3,111,486

Appendix A 187.5 hours $ 4,312.50

Appendix B 14 hours $ 322

____________ ______________ __________

Total = 17,494.5 hours 224,454 hours $5,540,329

COMBINED TOTAL ANNUAL BURDEN = 241,949 HOURS

TOTAL ANNUAL COST = $5,540,329

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.

We estimate that there will be no additional start-up costs for this renewal.

14. Provide estimates of annualized cost to the Federal government.

The annual cost to the Federal Government is estimated to be $1,200,000. This includes the cost to collect and maintain all information and records necessary for the compliance of FAR Part 91. It also includes the estimated cost to maintain the offices, equipment and personnel needed to accomplish the duties associated with this burden.

15. Explain reasons for any program changes or adjustments reported in Items 13 or 14 of OMB Form 83-1.

The burden time has been re-evaluated; burden times have been adjusted to reflect current figures.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used.

There is no requirement for any of the information collected pursuant to FAR Part 91 to be published for statistical use.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We are not seeking approval to not display the expiration date.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions," of OMB Form 83-1.

There appears to be no exceptions.