Department of Transportation
Federal Aviation Administration
SUPPORTING STATEMENT
Limited Recreational Unmanned Aircraft Operation Applications
OMB Control #2120-0794
CHANGES IN THIS SUBMISSION:
The initial request for approval of this collection was based on estimates, while this request for renewal is based on real-world numbers. The number of respondents has proved to be significantly higher than the FAA’s original estimates; as a result, the total burden is higher than that in the initial approval.
Part A. Justification
Circumstances that make collection of information necessary.
In 2018, Congress passed the FAA Reauthorization Act of 2018 (Public Law 115-254). § 44809 of Public Law 115-254 allows a person to operate a small unmanned aircraft (sUA) without specific certification or operating authority from the Federal Aviation Administration (FAA) if the operation adheres to certain limitations.
These limitations require the FAA to recognize Community Based Organizations (CBOs), facilitate the administration of an aeronautical knowledge and safety test by CBOs and other entities, establish fixed sites, and approve standards and limitations for unmanned aircraft weighing more than 55lbs.
§ 44809 specifically places the following requirements on the FAA which necessitate the collection of information:
§ 44809(c)(1) Operations at Fixed Sites – Operating Procedure Required
Persons operating unmanned aircraft under subsection (a) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization conducting a sanctioned event within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
The FAA is authorizing recreational flyer fixed sites (“fixed sites”) to permit sUA operations in Class B, Class C, Class D, or Surface E2 airspace without the need for each operator to receive an airspace authorization from Air Traffic Organization (ATO). When a fixed site is approved, entities are permitted to fly sUA at that location, within the limitations of § 44809 and any additional conditions and limitations placed on the fixed site authorization from ATO.
Sanctioned event sites located in Class B, Class C, Class D, or Surface E2 airspace must also request a fixed site authorization from the FAA. Additionally, recreational flyer requests to operate above a UAS Facility Map (UASFM) altitude ceiling must submit a request and receive approval from ATO.
§ 44809(c)(2)(a) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds
A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) if…the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator.
Operations of unmanned aircraft heavier than 55 pounds require an FAA-recognized CBO to submit their standards and limitations for FAA approval.
§ 44809(c)(2)(b) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds
A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) if…the aircraft is operated from a fixed site as described in paragraph (1).
CBOs operating unmanned aircraft weighing more than 55 pounds must request a fixed site location from the FAA. The unmanned aircraft must be operated within the limitations of § 44809, the CBO standards and limitations approved by the FAA, and any additional conditions and limitations placed on the fixed site authorization from ATO.
§ 44809(g)(1) Aeronautical Knowledge and Safety Test – General
Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.
Per § 44809(a)(7), any person flying under the Exception for Limited Recreational Operations of Unmanned Aircraft, must pass an aeronautical knowledge and safety test described in § 44809(g) and maintain proof of test passage to be made available to the Administrator or law enforcement upon request. This test is required of all persons, including children, pilots who are already certified under Part 107 for operations , and regardless of the weight of the UAS itself. This test is required to be made available electronically and can be delivered by the FAA, a CBO, or person(s) designated by the FAA. 1
The FAA intends that the test be administered by industry to facilitate the largest reach to the recreational flyer stakeholder community. This requires potential Test Administrators (TAs) to submit application packages to the FAA for review. In addition to the application, approved TAs will be required to provide information to the FAA regarding the number of tests issued and a number of the unique individual token alphanumeric numbers assigned to aeronautical knowledge and safety completion certificates. This token will allow the FAA to maintain a database of unique identifiers representing individuals who have taken the knowledge examination. In circumstances when FAA needs to confirm an individual is carrying an authentic certification, it can cross-reference the token on the operator’s certificate with its internal database.
The FAA will provide all topics, scripts, and test questions that industry and other interested entities will use to implement the test. All the test administrator needs to do is upload the content into their Learning Management System.
§ 44809(i) Recognition of Community-Based Organizations
In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.
An organization or institution of higher education requesting CBO status must submit information to the FAA which demonstrates compliance with § 44809(h), including their comprehensive safety guidelines. This application package will be reviewed by the FAA and a determination will be made to formally recognize the organization as a CBO. Recognized CBOs will be issued a recognition letter and be listed on the FAA website.
CBOs are the only entities that may request fixed sites for sanctioned events, heavier than 55 pound unmanned aircraft fixed sites, and have standards and limitations approved for heavier than 55 pound unmanned aircraft.
How, by whom, and for what purpose is the information used.
The information will be collected by the FAA through a module on the FAA website at https://www.faa.gov/uas/. The information related to fixed sites and CBO recognition will be collected through the FAADroneZone site, while testing-administration information will be collected through the TRUST database. The information collected will be available for review by FAA Flight Standards and Air Traffic personnel.
The FAA uses the information collected under Section 44809 Operational Applications to recognize, accept, approve, or deny applications required under § 44089. This includes airspace authorizations though fixed sites, CBO recognition, comprehensive safety guideline review, heavier than 55 pound unmanned aircraft standards and limitations approval, and aeronautical knowledge and safety test administration.
Responding to this collection is voluntary. Only those entities that wish to be recognized as a CBO, establish fixed sites, or administer the aeronautical knowledge and safety test need to respond. Information collected will be on an as-needed basis, used to review applications, and will be kept as a record. Specific information to be collected is detailed in Section 3 of this document and include names of applicants, locations, and documents needed to support an applicant’s request.
The FAA initially estimates that 30 CBOs and other entities will apply to be test administrators. Once approved as a test administrator, these entities will collect only the name and email address of persons applying to take a knowledge test. Once an applicant has passed a test and a certificate has been issued, the testing administrator will be required to destroy any record of the name and email address of the test-taker.
The FAA acknowledges that it already has a copy of the CBO safety guidelines on file when from when a CBO applies for recognition under § 44809(i). The FAA is requiring respondents to upload the safety guidelines for applications under this section because of the nature of the business processes involved with reviewing an application.
Safety guidelines are required for flying site applications as those requests are routed to Air Traffic Service Centers and then onto the individual Air Traffic facilities. Attaching safety guidelines to the request will enable faster reviews of flying site requests by Air Traffic personnel. While future enhancements to FAADroneZone may eliminate this need, requiring the inclusion of safety guidelines enables more efficient service to the public
Extent of information collection.
The FAA has created a website as part of Section 44809 Operational Applications. All information is collected electronically. The FAA uses the new TRUST website and database for test administration, and the existing FAADroneZone website for other information under this collection.
The collection of information will be managed through either the FAA UAS website and use ‘form-fillable’ interfaces which will gather the necessary information to allow FAA personnel to review the application .
The use of a ‘form-fillable’ interface will provide the applicant with a clear understanding of what information is needed for the type of request they are making. This will also ensure that submitted applications contain only necessary information for FAA personnel to complete their review. Collecting information in this manner will expedite the timeline for application and review.
The extent of information collected will be limited to that which is necessary for FAA personnel to complete their review. The information collected will vary, based on the type of request being submitted:
§ 44809(c)(1) Operations at Fixed Sites – Operating Procedure Required (use FAADrone Zone)
FAA-recognized CBO name (if applicable)
Copy of the FAA-recognized CBO safety guidelines to be followed
Application point of contact
First and last name
Email address
Phone number
Latitudes and longitudes that define the boundaries of the proposed site
Nearest airport
Maximum altitudes requested
Hours of operation
Description of any unique operations (if applicable)
§ 44809(c)(2)(a) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Standards and Limitations approval (use FAADrone Zone)
FAA-recognized CBO name
Copy of the FAA-recognized CBO safety guidelines
Copy of the CBO standards and limitations for approval
Application point of contact
First and last name
Email address
Phone number
§ 44809(c)(2)(b) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Fixed Site approval (use FAADrone Zone)
FAA-recognized CBO name
Copy of the FAA-recognized CBO safety guidelines to be followed
Copy of the FAA-approved standards and limitations
Application point of contact
First and last name
Email address
Phone number
Latitudes and longitudes that define the boundaries of the proposed site
Nearest airport
Maximum altitudes requested
Hours of operation
Description of any unique operations
§ 44809(g)(1) Aeronautical Knowledge and Safety Test – General (use TRUST website and database)
Individual or organization name
Application point of contact
First and last name
Email address
Phone number
Learning Management System (LMS) to be used for test deployment
Statement of compliance to meet token database exchange requirements
§ 44809(i) Recognition of Community-Based Organizations (use FAADrone Zone)
CBO name
Mailing address
Physical address (if different)
Website (if applicable)
Application point of contact
First and last name
Email address
Phone number
Documentation to show:
Compliance with § 501(c)(3) of the Internal Revenue Code of 1986
Tax exemption under § 501(a) of the Internal Revenue Code of 1986
Copy of the EIN/Tax number for verification
Mission is demonstrably the furtherance of model aviation
Comprehensive set of safety guidelines for all aspects of model aviation
Programming and support for any local charter organizations, affiliates, or clubs
Provides assistance and support in the development and operation of locally designated model aircraft flying sites
Efforts to identify duplication.
The FAA’s Flight Standards and Air Traffic organizations are working closely to ensure no duplication of efforts. LAANC and FAADroneZone will continue to be the systems used for individual airspace authorization requests under § 44089. The information needed under Section 44809 Operational Applications is not being collected elsewhere.
At times, the application for a fixed site under this information collection may request similar information to that which may be requested under the FRIA application process following the implementation of the Remote ID rule. While some information requested may appear similar, the FAA notes that (as explained further in response to public comments in question 8) the information requested under these two information collections is distinct and is adjudicated by different offices and are evaluated with different criteria.
Efforts to minimize the burden on small businesses.
Using an online system (FAADroneZone and TRUST) for information collection is deliberate and driven by the need to make the application process as transparent and simple as possible. Many UAS operators are not familiar with FAA processes and therefore have struggled in the past with waiver applications under part 107 and airspace authorizations through FAADroneZone. Utilizing a ‘form-field’ type of interface, will provide an applicant with simple, easy-to-understand instructions, thereby reducing the burden on small business and individuals.
This will also reduce workload on FAA personnel as they will only receive complete applications for review. In turn, this will not require as many additional information requests to the application point of contact, further minimizing the burden.
The information being sought is either the minimum required by §44089 or the minimum required for the FAA to complete its review. None of the information requires the applicant to have a specialized set of skills or knowledge base to be successful.
Impact of less frequent collection of information.
Recreational flyers operating under §44089 are not required to submit any information specified in Section 44809 Operational Applications. Applications for airspace authorizations though fixed sites, CBO recognition, heavier than 55 pound unmanned aircraft standards and limitations approval, and aeronautical knowledge and safety test administration are voluntary.
Special circumstances.
There are no special circumstances for this information collection.
Compliance with 5 CFR 1320.8.
The FAA published a 60-day notice on this collection on August 7,2023 (88 FR 52240) in FAA Docket FAA-2023-1480. Two comments were received, both from organizations.
The Air Line Pilots Association, International (ALPA) had no objection to the collection of information, but then proceeded to voice objections over the use of FAA Recognized Identification Ares (FRIAs) for recreational aircraft in controlled airspace. Meanwhile, FPV Freedom Coalition made no mention on the collection of information but rather expressed concern about the FAA’s slow and overwhelmed FRIA approval process.
The FAA notes that following the publication of the Remote ID final rule, it has found some additional information collections associated with the rule to to ensure validity of FRIA applications. See, in particular, 2120-0784, Remote Identification of Unmanned Aircraft Systems -Application for FAA-Recognized Identification Areas. While FRIAs do not need to also be authorized as fixed sites under this ICR, the FAA anticipates that many applicants will want to concurrently apply for FRIA status when they submit their fixed site application. Because different offices within the FAA will review FRIA and fixed site applications, and because different criteria are used to evaluate the appropriateness of these distinct permissions, fixed site and FRIA application requests must be submitted separately even for the number of sites where an applicant might envision both being applicable.
Payments or gifts to respondents.
No gifts or payments are provided for any application submitted under Section 44809 Operational Applications.
Assurance of confidentiality.
There is no confidentiality requested or provided. Entities that administer aeronautical knowledge and safety tests to persons under the age of 13 are required to comply with the Children's Online Privacy Protection Rule (COPPA), 16 CFR part 312. This rule, which is enforced by the Federal Trade Commission, applies to operators of commercial websites and online services (including mobile apps and IoT devices, such as smart toys) directed to children under 13 that collect, use, or disclose personal information from children, or on whose behalf such information is collected or maintained (such as when personal information is collected by an ad network to serve targeted advertising). The Rule also applies to operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13, and to websites or online services that have actual knowledge that they are collecting personal information directly from users of another website or online service directed to children. More information on the requirements of COPPA can be found on the FTC website: https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0#A.%20General%20Questions
Justification for collection of sensitive information.
The information collected under Section 44809 Operational Applications is not of a sensitive nature. Only basic identifying information such as name, email, phone number, location of fixed sites, and public information (such as 501(c)(3) status) are collected.
Estimate of burden hours for information requested.
The FAA, where possible, has used historical data to estimate the number of burden hours for the following applications. Where historical data was missing, the FAA used industry practices from current aeromodelling organizations in its estimates. The FAA anticipates that the majority of stakeholders operating under § 44809 will not need to make a request under Section 44809 Operational Applications.
§ 44809(c)(1) Operations at Fixed Sites – Operating Procedure Required
The FAA has had 2153 applications for fixed sites in the first year. Based on this, the FAA anticipates approximately an average of 1000 per year for the first three years. This number is based upon the initial number that have already applied and the fact that once the well-established CBOs have their fixed site flying requests in place and approved, there would be a large drop in requests. It is expected that the majority of applications will be in the first two years. The estimated number of hours to submit an application for a fixed site is 0.5 hours per application. This results in an estimated total of 1500 hours.
§ 44809(c)(2)(a) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Standards and Limitations approval
Based on current aeromodelling organizations operating UAS weighing more than 55 pounds, the FAA has seen only one of all CBO applications that applied for approval under § 44809(c)(2)(a). The same CBO applied and added helicopters to its airplane over 55lbs operations that are approved. The FAA anticipates that there will be very few applications for over 55lbs aircraft applications in the future. The FAA estimates the number of hours to submit standards and limitations for FAA approval to be 1.5 hours per application. This results in an estimated total of 3 hours.
§ 44809(c)(2)(b) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Fixed Site approval
To date, there have been only a about 5 fixed site applications that have included over 55lbs unmanned aircraft (UA) operations. Experience has shown that whether over 55lbs UAs are flown at the site or not has had negligible effect on the time spent on the application process or the analysis for approval. Effectively any fixed site applications involving over 55lbs UA can be accounted for in the normal fixed site application hour accounting. The FAA has seen the number of hours to submit an application for a fixed site for UAS weighing more than 55 pounds to be 0.5 hours per application, the same as a normal fixed site application. This results in no additional hours spent applying or analyzing fixed site applications for over 55lbs UAs.
§ 44809(g)(1) Aeronautical Knowledge and Safety Test – General
The FAA had 65 initial applications for entities seeking Test Administrator status for an average of 21.6 per year during the first three years. The initial application the first year had 60 applicants and the subsequent year was only 5. Any future application acceptance periods will be on an as needed basis rather than annually. The estimated number of hours to prepare an application and prepare their online learning management system for the knowledge test content is 20 hours, and 2 hours to submit an application to be authorized as a Test Administrator (TA). This results in an estimated total of 1430 hours. These numbers could vary significantly depending on computer and learning systems used by the applicant.
Test administrators must upload completion tokens to the FAA’s database, at least once per month. This data collection and upload is estimated to take less than 1 hour per month, or 12 hours per year. This results for 18 current test administrators in an estimated annual total of less than 216 hours per year.
The FAA is not calculating a burden per test-taker, because once the test has been uploaded and activated, the burden on the test administrator will be de minimis. The only paperwork burden for an individual test-taker or operator is the requirement to retain a completion certificate. However, in practice this requirement can be met simply by not deleting an email from the test administrator, so the FAA also considers this recordkeeping burden to be de minimis and is not including it in its total burden calculation.
§ 44809(i) Recognition of Community-Based Organizations
The FAA initially has had 166 applications from organizations seeking FAA-recognition as a Community Based Organization in the first year, with an anticipated average of 90 per year for the first three years. This number is based upon existing aeromodelling organizations and eligible educational institutions. However, in the first six month period, the FAA has received 80 applications. It is expected that the majority of applications will be in the first two years. The FAA has estimated the number of hours to submit an application for CBO recognition to be 2.0 hours or less per application as experience has shown many applicants don’t submit complete applications. This results in an estimated total of 270 hours or less for the first three years.
Breakdown of Burden over First Three Years |
|||
Section |
Year/Respondents |
Time per Response |
Average Burden over 3 Years |
§ 44809(c)(1) Operations at Fixed Sites – Operating Procedure Required |
Year 1: 2153 |
0.5 hours |
1000 respondents/year 500 hours/year |
Year 2: 425 |
|||
Year 3: 425 |
|||
§ 44809(c)(2)(a) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Standards and Limitations approval |
Year 1: 2 |
1 hour |
less than 1 respondents/year less than 1 hours/year |
Year 2: 0 |
|||
Year 3: 0 |
|||
§ 44809(c)(2)(b) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Fixed Site approval |
Year 1: 5 |
0.5 hours |
2 additional respondents/year 0 additional hours/year |
Year 2: 0 |
|||
Year 3: 0 |
|||
§ 44809(g)(1) Aeronautical Knowledge and Safety Test – General |
Year 1: 60 |
22 hours |
22 respondents/year 484 hours/year |
Year 2: 5 |
|||
Year 3: 0 |
|||
|
|
|
|
§ 44809(i) Recognition of Community-Based Organizations |
Year 1: 166 |
2.0 hours |
115.3 respondents/year 230.6 hours/year or less Note; 90%+ of applicants do not submit complete applications, but only fill in name and contact information taking only about 15 minutes. |
Year 2: 90 |
|||
Year 3: 90 |
|||
Small UAS operators are not confined to any one occupation. Therefore, the FAA is using a general private sector wage (all occupations), including benefits, of $29.76 per hour, provided by the Bureau of Labor Statistics. In addition, the FAA uses a 29.9 percent estimate for overhead costs such as rent, equipment and utilities. $29.76*1.30 = $38.69 for a fully loaded wage rate. 2 3
Section |
Respondents/Year |
Time per Response |
Total Time (hours) per Year |
§ 44809(c)(1) Operations at Fixed Sites – Operating Procedure Required |
1000 |
0.5 hours |
500 |
§ 44809(c)(2)(a) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Standards and Limitations approval |
1 |
1 hour |
1 |
§ 44809(c)(2)(b) Operations at Fixed Sites – Unmanned Aircraft Weighing More Than 55 Pounds: Fixed Site approval |
5 |
0.5 hour |
3 |
§ 44809(g)(1) Aeronautical Knowledge and Safety Test – General |
22 |
22 hours |
484 |
§ 44809(i) Recognition of Community-Based Organizations |
115 |
2 hours |
230 |
TOTALS: |
1143 |
|
1218 |
Total economic burden is thus estimated at $46,819 (1210.1 hours * fully loaded wage of $38.69). PLEASE NOTE: Some figures in this supporting statement differ slightly from the totals in ROCIS due to the automatic rounding in ROCIS. However, the totals in the final table in the supporting statement have been rounded up to match those in ROCIS.
Estimate of total annual costs to respondents.
The FAA estimates that there will be no additional costs for Section 44809 Operational Applications. No special equipment is required for persons to submit requests under Section 44809 Operational Applications.
Estimate of cost to the Federal government.
The FAA has 2 aviation safety inspectors and about 7 air-traffic control specialists who are assigned to review and approve or deny the applications covered by this ICR. This task is expected to consume 25 percent of their time. The FAA further estimates that all of these employees will be paid at a mid-grade GS-14 level, rest of U.S. locality. The annual salary for these positions is therefore $131,911.4 The FAA uses a load factor of 100% for federal employees. 5
9 FTEs * $131,911 * 200% = $2,374,398.
$2,374,398 * 25% = TOTAL ANNUAL FAA COST of $593600
Explanation of program changes or adjustments.
Continued collection in accordance with Title 49 of the United States Code (49 U.S.C.) § 44809, the Exception for Limited Recreational Operations of Unmanned Aircraft requiring the FAA to recognize Community Based Organizations (CBOs), develop and administer an aeronautical knowledge and safety test, establish fixed sites, and approve standards and limitations for unmanned aircraft weighing more than 55lbs.
The initial request for approval of this collection was based on estimates, while this request for renewal is based on real-world numbers. The number of respondents has proved to be significantly higher than the FAA’s original estimates; as a result, the total burden is higher than that in the initial approval.
Publication of results of data collection.
There is no requirement for any of the information collected to be published for statistical use.
Approval for not displaying the expiration date of OMB approval.
The FAA is not seeking approval not to display the date of expiration of this information collection.
Exceptions to certification statement.
There are no exceptions to the certification statement for this information collection.
1 Entities administering online aeronautical knowledge and safety tests to children must ensure compliance with the Children’s Online Privacy Protection Rule, 16 CFR part 312.
2 https://www.bls.gov/news.release/ecec.nr0.htm; “Private industry employers spent an average of $34.72 per hour worked for total employee compensation in December 2019, the U.S. Bureau of Labor Statistics reported today. Wages and salaries averaged $24.36 per hour worked and accounted for 70.1 percent of these costs, while benefit costs averaged $10.37 and accounted for the remaining 29.9 percent.”
5 U.S. Department of Health and Human Services, “Guidelines for Regulatory Impact Analysis” (2016), https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf. On page 30, HHS states, “As an interim default, while HHS conducts more research, analysts should assume overhead costs (including benefits) are equal to 100 percent of pretax wages….”
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | SUPPORTING STATEMENT |
| Author | AKENNEDY |
| File Modified | 0000-00-00 |
| File Created | 2024-07-22 |