Emergency Processing Memo

Federal Aviation
Administration

Memorandum
Date:

May 8, 2020

To:

Kyle Gardiner, Policy Analyst, Office of Information and Regulatory Affairs,
Office of Management and Budget, Executive Office of the President

From:

Mark Giron, Acting Manager, General Aviation and Commercial Division
Digitally signed by MARK GIRON
(AFS-800) MARK GIRON
Date: 2020.05.08 08:49:49 -04'00'

Subject:

OMB Emergency Clearance for New Information Collection Request (ICR):
Relief for Certain Persons and Operations during the Coronavirus Disease
2019 (COVID-19) Outbreak

Summary
The FAA seeks emergency clearance from OMB for a new information collection in connection
with Special Federal Aviation Regulation (SFAR): Relief for Certain Persons and Operations
during the Coronavirus Disease 2019 (COVID-19) Outbreak (COVID SFAR). This new
collection would enable the FAA to collect information from members of the public in order to
provide airmen with relief from certain training, recency, testing, and checking requirements, and
to establish qualification requirements for airmen seeking to conduct essential operations during
the COVID-19 public health emergency. If the FAA does not receive emergency approval, many
airmen will cease to operate, will continue operations in violation of various federal aviation
regulations, or will endanger the public health by attempting to maintain currency in ways that
are contrary to national social distancing guidelines.
Pursuant to 5 CFR § 1320.13, emergency processing is appropriate where 1) the collection of
information is needed prior to the expiration of time periods established under the Paperwork
Reduction Act and that collection is essential to the mission of the Agency; and 2) the Agency
cannot reasonably comply with the normal clearance procedures because public harm is likely to
result if normal clearance procedures are followed.
Here, the COVID SFAR was published in the Federal Register on May 4, 2020, with a
retroactive effective date of April 30, 2020. The collection of safety mitigation plans from certain
part 125 operators and part 141 pilot schools and provisional pilot schools, which the FAA will
evaluate to determine whether to extend certain deadlines for public health reasons, is essential
to the safety mission of the FAA. Public harm is likely to result if the submission of safety
mitigation plans is delayed.

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Planned Information Collection is Necessary and Essential to the Mission of the Agency
Oversight of 14 CFR part 125 operators, and 14 CFR part 141 pilot schools and provisional pilot
schools, is essential to the mission of the FAA. The rulemaking associated with this ICR is
promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of
the Administrator to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires the
Administrator to promulgate regulations and minimum standards for other practices, methods,
and procedures necessary for safety in air commerce and national security; and 49 U.S.C.
44703(a), which requires the Administrator to prescribe regulations for the issuance of airman
certificates when the Administrator finds, after investigation, that an individual is qualified for,
and physically able to perform the duties related to, the position authorized by the certificate.
The COVID SFAR provides airmen relief from certain training, recency, testing, and checking
requirements, and establishes qualification requirements for airmen seeking to conduct essential
operations during the COVID-19 outbreak. For these reasons, this rulemaking is within the scope
of the FAA's authority.
The provisions in the COVID SFAR provide temporary relief to persons who have been unable
to meet certain requirements during the national emergency concerning COVID-19. Without this
final rule, certain individuals will not be able to continue exercising privileges in support of
essential operations due to their inability to satisfy certain training, recent experience, testing,
and checking requirements. Additionally, other individuals may—to the extent possible given
closures—attempt to satisfy requirements through means contrary to the national social
distancing guidelines in order to avoid economic burdens resulting from non-compliance with
FAA regulations.
The FAA recognizes that there are aviation operations outside of air carrier and commercial
operations conducted under part 119 of title 14 of the Code of Federal Regulations (14 CFR) that
are critical during the COVID-19 outbreak, including operations that support essential services
and flights that support fighting the outbreak. These operations are likely to face disruption due
to a decreased supply of qualified pilots. Since March 2020 and with each month thereafter, a
new group of pilots becomes unavailable to perform critical operations because they cannot
comply with certain training, recent experience, testing, or checking requirements. The COVID
SFAR will provide temporary relief to certain individuals whose qualifications would otherwise
lapse, to ensure there is a sufficient number of qualified personnel available to conduct essential
aviation activities during this period. The FAA finds that this temporary action is needed to
enable individuals to continue to exercise their airman certificate privileges during the national
emergency.
Public Harm is Likely to Result if Emergency Processing is Not Granted
The FAA is requesting emergency processing for the same reason that it published the SFAR
with immediate effect without public comment. These actions are in response to an
unprecedented public health crisis, which calls for immediate action. This regulatory action is
also needed to provide immediate notification to individuals facing impending expiration dates

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for certificates, endorsements, and test results. With the cessation of many non-essential
aviation training and testing activities, many individuals have been unable to complete certain
activities before encountering expiration dates. Absent the relief in the COVID SFAR, persons
may attempt to satisfy certain requirements to avoid economic burdens associated with noncompliance, despite the fact that compliance would require acting contrary to the national social
distancing guidelines. This would represent a clear danger to public health. The COVID SFAR
provides immediate relief from certain duration and renewal requirements to reduce unnecessary
risk of exposure and to assure persons that they will not endure economic burdens due to noncompliance with certain regulations.
Accordingly, the FAA finds that providing notice and an opportunity to comment on an ICR is
contrary to the public interest, because it would delay the submission of the mitigation plans that
certain entities must provide to avail themselves of the relief afforded by the COVID SFAR.
The FAA therefore believes that the use of normal clearance procedures will result in increased
economic burden, disruption to critical aviation operations, and increased risk of exposure during
this public health emergency. Due to the pressing considerations associated with the COVID-19
outbreak, it is not practicable to afford ninety days of public comment on this collection of
information. Therefore, FAA is requesting OMB approval of this temporary collection of
information upon the date that this SFAR was placed on public inspection at the Federal Register
(April 30, 2020). Upon OMB approval of its Emergency clearance request, FAA will follow the
normal clearance procedures for the information collection associated with this SFAR.