2120-0784 08032022 v2

Department of Transportation

Federal Aviation Administration

SUPPORTING STATEMENT

OMB 2120-0784

Remote Identification of Unmanned Aircraft -

Application for FAA-Recognized Identification Areas

INTRODUCTION

The Department of Transportation (DOT) submits this Supporting Statement to the Office of Management and Budget (OMB) to request approval for the Federal Aviation Administration (FAA) to leverage a website to collect and process applications for the establishment of FAA-recognized identification areas (FRIAs). This application process is in accordance with Title 14, Code of Federal Regulations (14 CFR) Part 89, Remote Identification of Unmanned Aircraft, subpart C, effective September 16, 2022 and issued under the authority of 49 U.S.C. 44701, 44805, and 44809.

Please note that although this Information Collection Request (ICR) already has an OMB control number, it is in fact a new ICR. The control number was assigned when the ICR was initially submitted to OIRA at the NPRM stage of the rule “Remote Identification of Unmanned Aircraft” (RIN 2120-AL31), on January 29, 2020. The OIRA Notice of Action (NOA) included the following instruction: “For future submissions of this information collection, reference the OMB Control Number provided.” Now that Part 89 Subpart C will take effect in September 2022, the FAA is submitting this ICR for final approval according to the terms of the NOA.

Part 89 establishes requirements for the remote identification of unmanned aircraft (UA) operated in the airspace of the United States. The rule addresses safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States, laying a foundation for enabling greater operational capabilities. Persons operating UA without remote identification can comply with the rule by operating within the boundaries of a FRIA pursuant to § 89.115(b). A FRIA is a defined geographic area where persons can operate a UA without remote identification equipment. Part 89, subpart C, contains the requirements for requesting the establishment of a FRIA, as well as regulations regarding the FAA’s process for establishing FRIAs, the duration of FRIAs, renewal procedures, and procedures for termination of FRIAs.

Pursuant to § 89.205, FAA-recognized community based organizations (CBOs) and educational institutions—including primary and secondary educational institutions, trade schools, colleges, and universities—are eligible to request the FAA establish a FRIA. A FRIA is a defined geographic area where persons can operate unmanned aircraft (UA) without remote identification equipment.

A. JUSTIFICATION

1. Circumstances that make the collection of information necessary.

A CBO or educational institution seeking to establish a flying site as a FRIA is required to submit an application to the FAA pursuant to 14 CFR part 89, subpart C.

Application must include information about the proposed FRIA as well as a primary point of contact (PPOC) and other information required by the Administrator. Part 89, subpart C, becomes effective on September 16, 2022, and the FAA has established a process of collecting these applications. The FAA has built a new module into the existing DroneZone website to facilitate the collection of FRIA applications – for which this approval is being sought.

Pursuant to § 89.210, the FRIA applications will require the following information:

(1) The name of the CBO or educational institution making the request.

(2) The name of the individual making the request on behalf of the CBO or educational institution.

(3) A declaration that the individual making the request has the authority to act on behalf of the CBO or educational institution.

(4) The name, physical address, mailing address, phone number, and email address of the PPOC for communications with the FAA.

(5) The physical address of the proposed FRIA.

(6) The location of the boundaries of the proposed FRIA including latitudes, longitudes, and other information as necessary.

(7) If applicable, a copy of any existing airspace authorization or letter of agreement issued by the FAA regarding the flying site.

(8) Description of the intended need and purpose of the FRIA.

(9) An estimate of expected utilization including the average frequency and duration of UA flights, the types of UA expected to operate at the site, and the times of day when operations may occur.

The Administrator will assess applications for FRIAs and may require additional information or documentation, as needed, to supplement an application. The FRIA module within DroneZone will facilitate the FAA’s request for further information as well as applicants’ responses. The Administrator will approve or deny an application pursuant to criteria detailed in § 89.215.

Amendment

From the time of application until expiration or termination of a FRIA, any change to the information submitted in the application must be submitted to the FAA within 10 calendar days of the change per § 89.220. Similar to new applications, the FAA plans to leverage the new DroneZone FRIA module to collect this amendment requests.

Amendments to a FRIA may include but are not limited to a change to the PPOC for the FRIA. If the CBO or educational institution wishes to change the geographic boundaries of the FRIA, the organization must submit the request to the FAA for review. The geographic boundaries of the FRIA will not change until they have been approved by the Administrator.

Duration and Renewal of an FAA-recognized identification area

Pursuant to § 89.225, a FRIA will be in effect for 48 calendar months after the date of FAA approval. A person wishing to renew a FRIA must submit a renewal request through the DroneZone FRIA module no later than 120 days prior to its expiration.

2. Indicate how, by whom, and for what purpose the information is to be used.

A CBO or educational institution seeking to establish a flying site as a FRIA is required to submit an application to the FAA pursuant to 14 CFR part 89, subpart C. Therefore, this information collection is required of those CBOs and educational institutions seeking to establish FRIAs. CBOs or educational institutions must submit a separate FRIA application for each proposed site. This collection consists of reporting requirements, but no recordkeeping or third-party disclosure requirements. This collection is not a survey, and is only required once every four years or, if needed, on occasion—specifically, at the time the eligible organization is seeking to establish the site, make an amendment, or renew its recognition. Applicants are also required to notify the FAA of any changes to the information provided in the application within 10 calendar days of the change.

The FAA will use the FRIA application, amendment, and renewal information to assess the eligibility of the applicant as well as the safety and security implications of the potential FRIA pursuant to 14 CFR part 89, subpart C.

First, the FAA will use the name of the CBO or educational institution, the name of the individual submitting the request, and the declaration to ensure that only eligible persons’ FRIA requests are being considered for FAA-recognition per § 89.205.

Second, the FAA will use the PPOC name and contact details for any communications regarding the FRIA. The need for communications may arise during the application process in the form of a request for additional information or once a FRIA has been approved if safety or security related issues arise that involve operations at the FRIA.

Third, the FAA will use the FRIA physical address, location of the boundaries, and applicable airspace authorizations or letters of agreement to assess if the proposed FRIA meets the approval criteria per § 89.215. These criteria include:

• The existence of any overlapping FAA established flight or airspace restrictions limiting UAS operations such as Special Use Airspace (SUA), Special Security Instructions (SSI), Special Air Traffic Rules (SATR), or Temporary Flight Restrictions (TFR).

• The safe and efficient use of airspace by other aircraft. For example, assessing if the proposed FRIA is too close to airports, heliports, or other aviation related activities.

• The safety and security of people and property on the ground. For example, assessing if the proposed FRIA overlaps with areas where members of the public may gather or regularly transit, or with sensitive or secure facilities.

Fourth, the FAA will assess the purpose and need for the FRIA per § 89.215. Specifically, the FAA will assess if the proposed site is so closely located to another FRIA or covers too large an area such that its establishment would undermine the purpose and effectiveness of the remote identification rule.

Fifth, the FAA will use the location and utilization information to make an environmental assessment as required by National Environmental Policy Act (NEPA) review (refer to Order 1050.1).

Finally, the FAA may request additional information as needed to assess the FRIA application per § 89.215. For example, the environmental review could uncover potential impacts to local wildlife or cultural sites which may necessitate more detailed information about the expected usage of the proposed FRIA.

The FRIA application process is a new collection; therefore, the FAA does not currently have submitted FRIA applications and has not conducted such reviews.

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.

The FAA is requiring FRIA applicants to use the FAA’s DroneZone website to facilitate the collection of the information to reduce the burden on the applicant for a FRIA. This FAA website is already leveraged by the FAA for several other UAS related processes, thereby making it convenient for applicants to also use it for submitting and managing FRIA applications. The FAA is developing this website to enable a streamlined process for an individual, on behalf of a CBO or educational institution, to request the establishment of multiple flying sites as FRIAs. The FRIA application on DroneZone is a web-based form cannot be printed. Submitted applications are only viewable by the FAA and the applicant. The FAA will also publish the bounderies of approved FRIAs on the FAA website along with the name of the requesting organization. The application can be found at https://dronezone.faa.gov.

A FRIA application, if approved, is valid for 48 months. If an approved applicant wishes to renew a FRIA application, he or she should submit an application 120 days before expiration.

4. Describe efforts to identify duplication.

The FAA does not anticipate receiving any duplicate data because there have not been any prior collections of FRIA applications. The FAA has a related module for CBO recognition by the FAA, and intends to prepopulate a list of CBOs in the application form to streamline the application process.

Applicants are required to submit applicable airspace authorizations or letters of agreement as part of the FRIA application. While the FAA issues these documents,
§ 89.210(b)(7), requires this information be included in applications. The reason for requiring applicants to include these FAA issued documents is because a FRIA applicant may or may not be the same entity that received the document, and the location described in the authorization may be in a different format as listed in the FRIA application.

The FAA knows of no other agency collecting the same information contained in the FRIA applications.

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

There are no impacts on small businesses. CBOs are voluntary groups of individuals that exist for purposes of recreation, but may be incorporated for purposes of insurance. Acknowledging that some CBOs and educational institutions may be small entities, the FAA has minimized the burden by leveraging the same DroneZone website used for other UAS applications and by requesting the minimum amount of information needed to adjudicate applications.

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.

The FAA has limited the impact of this information collection by only collecting the minimum necessary information to assess proposed FRIAs as required by § 89.215. The expiration and renewal periods are set by § 89.225 and require that applicants request to renew their establishment every 48 calendar months. This limits the burden of the information collection while continuing to ensure that information submitted is current and accurate.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information collection guidelines in 5 CFR 1320.5(d)(2)

The collection of information is consistent with the guidelines in 5 CFR 1320.5(d)(2)(i)-(viii).

8. Describe efforts to consult with persons outside the agency to obtain their views on 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.

The FAA proposed providing this information collection for public comment in its notice of proposed rulemaking, Remote Identification of Unmanned Aircraft Systems (85 FR 72438) (RIN 2120-AL31) published December 31, 2019. The public had an opportunity to provide input concerning the proposed information collections outlined in the notice of proposed rulemaking. While the FAA received and responded to comments related to the regulatory requirements for the establishment of FRIAs in the final rule, the FAA did not receive any comments specifically regarding the information collection aspects of these requirements. This proposed collection was also described in the final rule, issued on March 16, 2021 (86 FR 4390). The FAA did not receive or otherwise engage in any further interaction with stakeholders regarding the PRA portion of the associated rulemaking.

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

The respondents are not given any payments or gifts.

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

While no assurance of confidentiality to respondents would occur concerning the information respondents would submit in accordance with the final rule, the FAA will exercise care in handling any information that a submitter designates as proprietary. As stated in the final rule, the FAA will publish the location of FRIAs. The FAA will publish the location and boundaries of approved FRIAs, along with the name of the CBO or educational institution that request its establishment on the FAA’s UAS Data Delivery Service (UDDS) website at https://uddsfaa.opendata.arcgis.com/.

11. Provide additional justification for any questions of a sensitive mature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

No information of a sensitive nature is requested or required to apply for establishment of a flying site as a FRIA.

12. Provide estimates of the hour burden of the collection of information.

The estimates of the hour burden of the collection were completed in the regulatory analysis of the remote identification final rule. The following is the relevant portion of that analysis. Note that years are from the effective date of the final rule, March 16, 2021.

The total annual hourly burden equals the number of documents submitted (4,016) multiplied by the number of pages (4 pages), multiplied by the hours per page (0.5 hours), divided by two. (The initial three-year total is not being divided by 3, because due to the delayed effective date, the first-year numbers of responses and hours are zero.) The following table shows the annual hourly burden estimated for the applications for FAA-recognized identification.

Table 1: Annual Hourly Burden for Applications for FAA-Recognized Identification Areas

Year	Initial Submissions	Pages Per Submission	Average Hours Per Page	Total Hours
1
2	3,966	4	0.5	7,932
3	50	4	0.5	100
Total (Yrs 1-3)	4,016	4	0.5	8,032

Row and column totals may not sum due to rounding.

We estimate the number of respondents to total 3,966 in year 1, and 50 respondents in year 2, for a total hourly burden of 8,032 hours. The FAA has added years two and three, and divided the sum in half; this results in a total annual burden of 2,008 responses and 4,016 hours.

The cost burden for an applicant to complete a request to become an FAA-recognized identification area is estimated to be a total compensation wage of $116.94 ($58.47 per hour.)¹ The total cost burden equals the total number of submissions multiplied by the hours per submission, and then multiplied by the total compensation wage per hour (4,016 submissions * 2 hours per submission * $58.47 per hour).

Table 2: Annual Cost Burden for Applications for FAA-Recognized Identification Areas

Year	Initial Submissions	Total Hours (2 hrs/submission)	Compensation (Per Hour)	Total Cost
1
2	3,966	7,932	$58.47	$463,784
3	50	100	$58.47	$5,847
Total (Yrs 1-3)	4,016	8,032	$58.47	$469,631

Row and column totals may not sum due to rounding

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

There are no capital or startup costs or operation and maintenance components affiliated with the information collection.

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

The estimates of the annualized costs to the Federal government were completed in the regulatory analysis of the remote identification final rule. The following is the relevant portion of that analysis. Note that years are from the effective date of the final rule, March 16, 2021.

The FAA estimates the number of hours for the agency to review an application to become a FRIA and then notify an applicant as to whether the application was approved to be five hours. The average cost to review one application is $522.96 per submission.² The total hourly burden is 20,080, and the total cost burden is $2.1 million.

Table 3: Annual Hourly Burden and Cost for FAA Review of Application for an FAA-Recognized Identification Area

Year	Initial Submissions	Average FAA Review Time (Hours)	Total Hours	Total Cost ($522.96/ Submission)
1
2	3,966	5	19,830	$2,074,059
3	50	5	250	$26,148
Total	4,016	5	20,080	$2,100,207

Row and column totals may not sum due to rounding.

Additionally, the FAA expects to establish a website portal in Year 2 for use by community based organizations and educational institutions to submit requests at a cost of $2.2 million. The cost to maintain the website is estimated to be $340,000 each year thereafter.

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

This is a new collection.

16. For collections of information whose results will be published, outline plans for tabulation and publication.

No requirement exists that would obligate the FAA to publish for statistical use any information collected in accordance with this collection. The FAA would maintain a list of FRIAs, their location and boundary information, and the name of the CBO or educational institution that applied for its establishment on the FAA’s UDDS website. However, the FAA does not intend to post the other information collected in the applications.

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.

The FAA does not seek approval to refrain from displaying the expiration date of OMB approval of this information collection.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions”.

The FAA has not identified any exceptions in “Certification for Paperwork Reduction Act Submissions”.

1 Based on a total compensation wage of a management analyst (U.S Bureau of Labor Statistics OCC 13-1111 (Source: https://www.bls.gov/oes/2019/may/oes_nat.htm#11-0000), and a wage multiplier of 1.43 (based on Table A of the Employer Costs for Employee Compensation December 2018 news release https://www.bls.gov/news.release/archives/ecec_03192019.pdf).

2 The FAA determines that 4.75 hours of the review time is by J-band personnel (fully burdened wage of $103.68 per hour), and 0.25 hours of review is performed by a K-band manager (fully burdened hourly wage of $121.88 per hour). Source for wages: https://employees.faa.gov/org/staffoffices/ahr/program_policies/policy_guidance/compensation/PayTables/. Source for wage multiplier of 1.5686: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2008/m08-13.pdf). The total review cost per submission equals $522.96.