[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57375]
[DOCID:fr09oc07-127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) approval of a new
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on November 28, 2006, vol. 71, no. 228, page
68881. The New England Region Aviation Expo database performs
conference registration and helps plan the logistics and non-pilot
courses for the expo.

DATES: Please submit comments by November 8, 2007.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: New England Region Aviation Expo Database.
    Type of Request: Approval for a new collection.
    OMB Control Number: 2120-XXXX.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 500 Respondents.
    Frequency: This information is collected once annually.
    Estimated Average Burden per Response: Approximately 15 seconds per
response.
    Estimated annual Burden Hours: An estimated 2 hours annually.
    Abstract: The New England Region Aviation Expo database performs
conference registration and helps plan the logistics and non-pilot
courses for the expo.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Nathan Lesser, Desk Officer, Department of Transpiration/
FAA, and sent via electronic mail to<EMAIL_ADDRESS>or
faxed to<PHONE_NUMBER>.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on September 27, 2007.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 07-4960 Filed 10-5-07; 8:45 am]

BILLING CODE 4910-13-M


(5) The email address of the operator or, for an operator other
than an individual, the email address of the authorized representative.
    (6) The aircraft manufacturer and model name.
    (7) The serial number of the aircraft.
    (8) The country of registration of the aircraft.
    (9) The registration number of the aircraft.
    (b) Issuance of a Confirmation of Identification.
    (1) The FAA will issue a Confirmation of Identification upon
completion of the notification requirements provided in paragraph (a)
of this section.
    (2) The filing of a notification under paragraph (a) of this
section and the Confirmation of Identification issued under paragraph
(b)(1) of this section do not have the effect of U.S. aircraft
registration.
    (c) Proof of notification. No person may operate a foreign
registered civil unmanned aircraft in the United States unless the
person obtains a Confirmation of Identification under paragraph (b)(1)
of this section, maintains such Confirmation of Identification at the
unmanned aircraft system's control station, and produces the
Confirmation of Identification when requested by the FAA or a law
enforcement officer.
    (d) Requirement to maintain current information. The holder of a
Confirmation of Identification must ensure that the information
provided under Sec.  89.130(a) remains accurate and must update the
information prior to operating a foreign registered civil unmanned
aircraft system in the United States.

Sec.  89.135  Record retention.

    The Administrator shall require any Remote ID USS to retain any
remote identification message elements listed in Sec.  89.305 or Sec.
89.315 obtained in the course of offering services to persons operating
under this subpart for 6 months from the date when the remote
identification message elements are received or otherwise come into the
possession of the Remote ID USS.

Subpart C--FAA-Recognized Identification Areas

Sec.  89.201  Applicability.

    This subpart prescribes procedural requirements to establish an
FAA-recognized identification area.

Sec.  89.205  Eligibility.

    Only a community based organization recognized by the Administrator
may apply for the establishment of an FAA-recognized identification
area under this subpart.

Sec.  89.210  Requests for establishment of an FAA-recognized
identification area.

    (a) Application. A community based organization requesting the
establishment of an FAA-recognized identification area under this
subpart must submit an application in a form and manner acceptable to
the Administrator within 12 calendar months from [EFFECTIVE DATE OF
FINAL RULE].
    (b) Required documentation. A request under this subpart must
contain the following information:
    (1) The name of the community based organization making the
request.
    (2) A declaration that the person making the request has the
authority to act on behalf of the community based organization.
    (3) The name and contact information, including telephone
number(s), of the primary point of contact for communications with the
FAA.
    (4) The physical address of the proposed FAA-recognized
identification area.
    (5) The latitude and longitude coordinates delineating the
geographic boundaries of the proposed FAA-recognized identification
area.
    (6) If applicable, a copy of any existing letter of agreement
regarding the flying site.

Sec.  89.215  Approval of FAA-recognized identification areas.

    The Administrator will assess applications for FAA-recognized
identification areas and may require additional information or
documentation, as needed, to supplement an application. The
Administrator will approve or deny an application, and may take into
consideration matters such as, but not limited to:
    (a) The effects on existing or contemplated airspace capacity.
    (b) The effect on critical infrastructure, existing or proposed
manmade objects, natural objects, or the existing use of the land,
within or close to the proposed FAA-recognized identification area.
    (c) The safe and efficient use of airspace by other aircraft.
    (d) The safety and security of persons or property on the ground.

Sec.  89.220  Amendment.

    (a) From the time of application until expiration or termination of
an FAA-recognized identification area, any change to the information
submitted in the application including but not limited to a change to
the point of contact for the FAA-recognized identification area or a
change to the

community based organization's affiliation with the FAA-recognized
identification area must be submitted to the FAA within 10 calendar
days of the change.
    (b) If the community based organization wishes to change the
geographic boundaries of the FAA-recognized identification area, the
organization must submit the request to the FAA for review. The
geographic boundaries of the FAA-recognized identification area will
not change until they have been approved or denied in accordance with
Sec.  89.215.
    (c) The establishment of an FAA-recognized identification area is
subject to ongoing review by the Administrator. All changes to the
information submitted in the application may be reviewed in accordance
with Sec.  89.215 and may result in the termination of the FAA-
recognized identification area pursuant to Sec.  89.230.

Sec.  89.225  Duration of an FAA-recognized identification area.

    (a) Duration. An FAA-recognized identification area will be in
effect for 48 calendar months after the date the FAA approves the
request for establishment of an FAA-recognized identification area.
    (b) Renewal. A person wishing to renew an FAA-recognized
identification area must submit a request for renewal no later than 120
days prior to the expiration of the FAA-recognized identification area
in a form and manner acceptable to the Administrator. The Administrator
may deny requests submitted after that deadline or requests submitted
after the expiration.

Sec.  89.230  Expiration and termination.

    (a) Expiration. Unless renewed, an FAA-recognized identification
area issued under this subpart will be automatically cancelled and will
have no further force or effect as of the day immediately after its
expiration date.
    (b) Termination prior to expiration--(1) Termination by request. A
community based organization may submit a request to the Administrator
to terminate an FAA-recognized identification area issued under this
subpart. Once an FAA-recognized identification area is terminated, that
community based organization may not reapply to have that flying site
reestablished as an FAA-recognized identification area, and neither may
any other person apply to have that site reestablished as an FAA-
recognized identification area.
    (2) Termination by FAA. The FAA may terminate an FAA-recognized
identification area for cause or upon a finding that the FAA-recognized
identification area may pose a risk to aviation safety, public safety,
or national security, a finding that the FAA-recognized identification
area is no longer associated with a community based organization
recognized by the Administrator, or a finding that the person who
submitted a request for establishment of an FAA-recognized
identification area provided false or misleading information during the
submission, amendment, or renewal process. The Administrator will
notify the primary point of contact of the decision to terminate the
FAA-recognized identification area and the reasons for the termination.
Except as provided in paragraph (c) of this section, once an FAA-
recognized identification area is terminated, a community based
organization may not apply to have that flying site established as an
FAA-recognized identification area.
    (c) Petition to reconsider the FAA's decision to terminate an FAA-
recognized identification area. Within 30 calendar days of a
termination under this section, the Administrator may be petitioned to
reconsider the decision. That petition must state the reasons
justifying the reconsideration and include any supporting
documentation. Upon consideration of the information submitted by the
petitioner, the Administrator will notify the petitioner of the
decision.
    (d) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraphs (b) and (c) of this section.

Subpart D--Requirements for Unmanned Aircraft Systems With Remote
Identification

Sec.  89.301  Applicability.

    This subpart prescribes the minimum message element set and minimum
performance requirements for standard remote identification unmanned
aircraft systems and limited remote identification unmanned aircraft
systems.

Sec.  89.305  Minimum message elements broadcast and transmitted by
standard remote identification unmanned aircraft systems.

    A standard remote identification unmanned aircraft system must
transmit the following remote identification message elements through
an internet connection to a Remote ID USS and must broadcast the
following remote identification message elements:
    (a) The identity of the unmanned aircraft system consisting of:
    (1) A serial number assigned to the unmanned aircraft by the person
responsible for the production of the standard remote identification
unmanned aircraft system; or
    (2) A session ID assigned by a Remote ID USS.
    (b) An indication of the latitude and longitude of the control
station.
    (c) An indication of the barometric pressure altitude of the
control station.
    (d) An indication of the latitude and longitude of the unmanned
aircraft.
    (e) An indication of the barometric pressure altitude of the
unmanned aircraft.
    (f) A time mark identifying the Coordinated Universal Time (UTC)
time of applicability of a position source output.
    (g) An indication of the emergency status of the unmanned aircraft
system.

Sec.  89.310  Minimum performance requirements for standard remote
identification unmanned aircraft systems.

    A standard remote identification unmanned aircraft system must meet
the following minimum performance requirements:
    (a) Control station location. The location of the control station
of the unmanned aircraft system must be generated and encoded into the
message elements and must correspond to the location of the person
manipulating the flight controls of the unmanned aircraft system.
    (b) Automatic Remote ID USS connection. From takeoff to landing,
the unmanned aircraft system must automatically maintain a connection
to the internet and transmit the message elements through that internet
connection to a Remote ID USS when the internet is available.
    (c) Time mark. The time mark message element must be synchronized
with all other remote identification message elements.
    (d) Self-Testing and monitoring. (1) When the unmanned aircraft
system is powered on, it must automatically test the remote
identification functionality and notify the person manipulating the
flight controls of the unmanned aircraft system of the result of the
test.
    (2) The unmanned aircraft must not be able to take off if the
remote identification equipment is not functional.
    (3) The unmanned aircraft system must continuously monitor the
remote identification functionality from takeoff to landing and must
provide notification of malfunction or failure to the person
manipulating the flight controls of the unmanned aircraft system.
    (e) Tamper resistance. The unmanned aircraft system must be
designed and

produced in a way that reduces the ability of a person to tamper with
the remote identification functionality.
    (f) Connectivity. (1) If the internet is available at takeoff, the
unmanned aircraft must not be able to take off unless it is:
    (i) Connected to the internet and transmitting the message elements
in Sec.  89.305 through that internet connection to a Remote ID USS;
and
    (ii) Broadcasting the message elements in Sec.  89.305 directly
from the unmanned aircraft.
    (2) If the internet is unavailable at takeoff, the unmanned
aircraft must not be able to take off unless it is broadcasting the
message elements in Sec.  89.305.
    (3) The unmanned aircraft system must continuously monitor its
connection to the internet and the unmanned aircraft system's
transmission of the remote identification message elements through that
internet connection to a Remote ID USS. If the connection to the
internet is lost or the unmanned aircraft system is no longer
transmitting the remote identification message elements to a Remote ID
USS, the unmanned aircraft system must notify the person manipulating
the flight controls of the unmanned aircraft system.
    (g) Error correction. The remote identification equipment must
incorporate error correction in the transmission or broadcast of the
message elements in Sec.  89.305.
    (h) Interference considerations. The remote identification
equipment must not interfere with other systems or equipment installed
on the unmanned aircraft system, and other systems or equipment
installed on the unmanned aircraft system must not interfere with the
remote identification equipment.
    (i) Message transmission. (1) The unmanned aircraft system must be
capable of transmitting the message elements for standard remote
identification unmanned aircraft systems in Sec.  89.305 through an
internet connection to a Remote ID USS.
    (2) The unmanned aircraft must be capable of broadcasting the
message elements in Sec.  89.305 using a non-proprietary broadcast
specification and using radio frequency spectrum in accordance with
part 15 of title 47, Code of Federal Regulations, where operations may
occur without an FCC individual license that is compatible with
personal wireless devices. Any broadcasting device used to meet the
requirements of this section must be integrated into the unmanned
aircraft without modification to its authorized radio frequency
parameters and designed to maximize the range at which the broadcast
can be received, while complying with 47 CFR part 15 and any other laws
in effect as of the date the declaration of compliance is submitted to
the FAA for acceptance.
    (j) Message elements performance requirements. (1) The message
elements in Sec.  89.305 transmitted through an internet connection to
a Remote ID USS from the unmanned aircraft system and broadcast from
the unmanned aircraft must be identical.
    (2) The reported position of the unmanned aircraft and the control
station must be accurate to within 100 feet of the true position, with
95 percent probability.
    (3) The reported barometric pressure altitude of the unmanned
aircraft and control station must be accurate to within 20 feet of the
true barometric pressure altitude for pressure altitudes ranging from 0
to 10,000 feet.
    (4) The unmanned aircraft system must transmit through an internet
connection to a Remote ID USS and broadcast the latitude, longitude,
and barometric pressure altitude of the unmanned aircraft and its
control station no later than 1.0 second from the time of measurement
to the time of transmission and broadcast.
    (5) The unmanned aircraft system must transmit through an internet
connection to a Remote ID USS and broadcast the message elements at a
rate of at least 1 message per second.
    (k) Cybersecurity. The unmanned aircraft system must incorporate
cybersecurity protections for the transmission and broadcast of the
message elements in Sec.  89.305.

Sec.  89.315  Minimum message elements transmitted by limited remote
identification unmanned aircraft systems.

    A limited remote identification unmanned aircraft system must
transmit the following remote identification message elements through
an internet connection to a Remote ID USS:
    (a) The identity of the unmanned aircraft system consisting of:
    (1) A serial number assigned to the unmanned aircraft by the person
responsible for the production of the limited remote identification
unmanned aircraft system; or
    (2) A session ID assigned by a Remote ID USS.
    (b) An indication of the latitude and longitude of the control
station.
    (c) An indication of the barometric pressure altitude of the
control station.
    (d) A time mark identifying the Coordinated Universal Time (UTC)
time of applicability of a position source output.
    (e) An indication of the emergency status of the unmanned aircraft
system.

Sec.  89.320   Minimum performance requirements for limited remote
identification unmanned aircraft systems.

    A limited remote identification unmanned aircraft system must meet
the following minimum performance requirements:
    (a) Control station location. The location of the control station
of the unmanned aircraft system must be generated and encoded into the
message elements and must correspond to the location of the person
manipulating the flight controls of the unmanned aircraft system.
    (b) Automatic Remote ID USS connection. From takeoff to landing,
the unmanned aircraft system must automatically maintain a connection
to the internet, when available, and must transmit the appropriate
message elements through that internet connection to a Remote ID USS.
    (c) Time mark. The time mark message element must be synchronized
with all other remote identification message elements.
    (d) Self-Testing and monitoring. (1) When the unmanned aircraft
system is powered on, it must automatically test the remote
identification functionality and notify the person manipulating the
flight controls of the unmanned aircraft system of the result of the
test.
    (2) The unmanned aircraft must not be able to take off if the
remote identification equipment is not functional.
    (3) The unmanned aircraft system must continuously monitor the
remote identification functionality from takeoff to landing and must
provide notification of malfunction or failure to the person
manipulating the flight controls of the unmanned aircraft system.
    (e) Tamper resistance. The unmanned aircraft system must be
designed and produced in a way that reduces the ability of a person to
tamper with the remote identification functionality.
    (f) Connectivity. (1) The unmanned aircraft must not be able to
take off unless it is connected to the internet and transmitting the
message elements in Sec.  89.315 through that internet connection to a
Remote ID USS.
    (2) The unmanned aircraft system must continuously monitor its
connection to the internet and the unmanned aircraft system's
transmission of the remote identification message elements through that
internet connection to a Remote ID USS. If the connection to the
internet is lost or the unmanned aircraft system is no longer
transmitting the remote

identification message elements to a Remote ID USS, the unmanned
aircraft system must notify the person manipulating the flight controls
of the unmanned aircraft system.
    (g) Error correction. The remote identification equipment must
incorporate error correction in the transmission of the message
elements in Sec.  89.315.
    (h) Interference considerations. The remote identification
equipment must not interfere with other systems or equipment installed
on the unmanned aircraft system, and other systems or equipment
installed on the unmanned aircraft system must not interfere with the
remote identification equipment.
    (i) Message transmission. The unmanned aircraft system must be
capable of transmitting the message elements for limited remote
identification unmanned aircraft systems in Sec.  89.315 through an
internet connection to a Remote ID USS.
    (j) Message elements performance requirements. (1) The reported
position of the control station must be accurate to within 100 feet of
the true position, with 95 percent probability.
    (2) The reported barometric pressure altitude of the control
station must be accurate to within 20 feet of the true barometric
pressure altitude for pressure altitudes ranging from 0 to 10,000 feet.
    (3) The unmanned aircraft system must transmit the latitude,
longitude, and barometric pressure altitude of the control station no
later than 1.0 second from the time of measurement to the time of
transmission.
    (4) The unmanned aircraft system must transmit the message elements
at a rate of at least 1 message per second.
    (k) Cybersecurity. The unmanned aircraft system must incorporate
cybersecurity protections for the transmission of the message elements
in Sec.  89.315.
    (l) Range limitation. The unmanned aircraft must be designed to
operate no more than 400 feet from its control station.
    (m) Broadcast limitation. The unmanned aircraft cannot broadcast
any of the remote identification message elements identified in Sec.
89.305 or Sec.  89.315.

Subpart E--Means of Compliance

Sec.  89.401  Applicability.

    This subpart prescribes--
    (a) Requirements for means of compliance.
    (b) Procedural requirements for the submission and acceptance of
means of compliance used in the design and production of standard
remote identification unmanned aircraft systems or limited remote
identification unmanned aircraft systems to ensure such unmanned
aircraft systems meet the minimum performance requirements of this
part.
    (c) Rules governing persons submitting means of compliance for FAA
acceptance.

Sec.  89.405  Submission of a means of compliance for FAA acceptance.

    (a) Eligibility. Any person may submit a means of compliance for
acceptance by the FAA.
    (b) Required information. A person requesting acceptance of a means
of compliance must submit the following information to the FAA in a
form and manner acceptable to the Administrator:
    (1) The name of the person or entity submitting the means of
compliance, the name of the main point of contact for communications
with the FAA, the physical address, email address, and other contact
information.
    (2) A detailed description of the means of compliance.
    (3) An explanation of how the means of compliance addresses all of
the minimum performance requirements established in subpart D of this
part so that any standard remote identification unmanned aircraft
system or limited remote identification unmanned aircraft system
designed and produced in accordance with such means of compliance meets
the remote identification requirements of this part.
    (4) Any substantiating material the person wishes the FAA to
consider as part of the request.
    (c) Testing and validation. A means of compliance submitted for
acceptance by the FAA must include testing and validation procedures
for persons responsible for the production of standard remote
identification unmanned aircraft systems or limited remote
identification unmanned aircraft systems to demonstrate through
analysis, ground test, or flight test, as appropriate, how the standard
remote identification unmanned aircraft system or the limited remote
identification unmanned aircraft system performs its intended functions
and meets the requirements in subpart D of this part, including any FAA
performance requirements for radio station operation.

Sec.  89.410  Acceptance of a means of compliance.

    (a) A person requesting acceptance of a means of compliance must
demonstrate to the Administrator that the means of compliance addresses
all of the requirements of subparts D and E of this part, and that any
standard remote identification unmanned aircraft system or limited
remote identification unmanned aircraft system designed and produced in
accordance with such means of compliance would meet the performance
requirements of subpart D of this part.
    (b) The Administrator will evaluate a means of compliance that is
submitted to the FAA and may request additional information or
documentation, as needed, to supplement the means of compliance.
    (c) If the Administrator determines the person has demonstrated
that the means of compliance meets the requirements of subparts D and
E, the FAA will notify the person that the Administrator has accepted
the means of compliance. If the Administrator determines the person has
not provided sufficient evidence to demonstrate that the means of
compliance meets the requirements of subpart D or E, the FAA will
notify the person that the Administrator has not accepted the means of
compliance.

Sec.  89.415  Rescission.

    (a) Rescission of an FAA-accepted means of compliance. (1) A means
of compliance is subject to ongoing review by the Administrator. The
Administrator may rescind its acceptance of a means of compliance if
the Administrator determines that a means of compliance does not meet
any or all of the requirements of subpart D or E of this part.
    (2) The Administrator will publish a notice of rescission in the
Federal Register.
    (b) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraph (a) of this section.

Sec.  89.420  Record retention.

    A person who submits a means of compliance that is accepted by the
Administrator under this subpart must retain the following information
for as long as the means of compliance is accepted plus an additional
24 calendar months, and must make available for inspection by the
Administrator the following:
    (a) All documentation and substantiating data submitted to the FAA
for acceptance of the means of compliance.
    (b) Records of all test procedures, methodology, and other
procedures, as applicable.
    (c) Any other information necessary to justify and substantiate how
the means of compliance enables compliance with

the remote identification requirements of this part.

Subpart F--Design and Production of Unmanned Aircraft Systems With
Remote Identification

Sec.  89.501  Applicability.

    (a) This subpart prescribes--
    (1) Requirements for the design and production of unmanned aircraft
systems operated in the United States.
    (2) Procedural requirements for the submission, acceptance, and
rescission of declarations of compliance.
    (3) Rules governing persons submitting declarations of compliance
for FAA acceptance under this part.
    (b) Except as provided in paragraph (c) of this section, this
subpart applies to the design and production of unmanned aircraft
systems operated in the United States.
    (c) Unless the unmanned aircraft system is a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system, this subpart does not apply to
the design or production of:
    (1) Amateur-built unmanned aircraft systems.
    (2) Unmanned aircraft systems of the United States Government.
    (3) Unmanned aircraft systems where the unmanned aircraft weighs
less than 0.55 pounds including the weight of anything attached to or
carried by the aircraft.
    (4) Unmanned aircraft systems designed or produced exclusively for
the purpose of aeronautical research or to show compliance with
regulations.

Sec.  89.505  Serial numbers.

    Serial number required. No person may produce a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system unless the unmanned aircraft is
issued a serial number that complies with ANSI/CTA-2063-A. ANSI/CTA-
2063-A, Small Unmanned Aerial Systems Serial Numbers (September 2019)
is incorporated by reference into this section with the approval of the
Director of the Office of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue SW,
Washington, DC 20590 (telephone<PHONE_NUMBER>) and is available from
Consumer Technology Association, 1919 South Eads Street, Arlington, VA
22202 or at https://www.cta.tech. It is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

Sec.  89.510  Production requirements.

    (a) General production requirements. After [DATE 24 MONTHS AFTER
THE EFFECTIVE DATE OF THE FINAL RULE], no person may produce an
unmanned aircraft system unless:
    (1) The unmanned aircraft system is designed and produced to meet
the minimum performance requirements for standard remote identification
unmanned aircraft systems established in Sec.  89.310 or for limited
remote identification unmanned aircraft systems established in Sec.
89.320 and in accordance with an FAA-accepted means of compliance.
    (2) The unmanned aircraft system meets the requirements of this
subpart.
    (3) The FAA has accepted a declaration of compliance for that
unmanned aircraft system.
    (b) Inspection, audit, and notification requirements. A person
responsible for the production of standard remote identification
unmanned aircraft systems or limited remote identification unmanned
aircraft systems must:
    (1) Upon request, allow the Administrator to inspect its
facilities, technical data, and any standard remote identification
unmanned aircraft system or limited remote identification unmanned
aircraft system the person produces, and to witness any tests necessary
to determine compliance with this subpart.
    (2) Perform independent audits on a recurring basis, and whenever
the FAA provides notice of noncompliance or of potential noncompliance,
to demonstrate the unmanned aircraft systems listed under a declaration
of compliance meet the requirements of this subpart. The person
responsible for the production of standard remote identification
unmanned aircraft systems or limited remote identification unmanned
aircraft systems must provide the results of all such audits to the FAA
upon request.
    (3) Maintain product support and notification procedures to notify
the public and the FAA of any defect or condition that causes an
unmanned aircraft system to no longer meet the requirements of this
subpart, within 15 calendar days of the date the person becomes aware
of the defect or condition.

Sec.  89.515  Labeling.

    No person may produce a standard remote identification unmanned
aircraft system or a limited remote identification unmanned aircraft
system unless it displays a label indicating that the unmanned aircraft
system meets the remote identification requirements of this part and
indicating whether the unmanned aircraft system is a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system. The label must be in English
and be legible, prominent, and permanently affixed to the unmanned
aircraft.

Sec.  89.520  Submission of a declaration of compliance for FAA
acceptance.

    (a) Eligibility. A person responsible for the production of
standard remote identification unmanned aircraft systems or limited
remote identification unmanned aircraft systems must submit a
declaration of compliance for acceptance by the FAA.
    (b) Required information. The person responsible for the production
of a standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system requesting
acceptance of a declaration of compliance must declare that the
unmanned aircraft system complies with the requirements of this subpart
by submitting a declaration of compliance to the FAA in a form and
manner acceptable to the Administrator. The declaration must include at
a minimum the following information:
    (1) The name, physical address, telephone number, and email address
of the person responsible for production of the unmanned aircraft
system.
    (2) The unmanned aircraft system's make and model.
    (3) The unmanned aircraft's serial number, or the range of serial
numbers for which the person responsible for production is declaring
compliance.
    (4) The means of compliance used in the design and production of
the unmanned aircraft system and whether the unmanned aircraft system
is a standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system.
    (5) Whether the declaration of compliance is an initial declaration
or an amended declaration, and if the declaration of compliance is an
amended declaration, the reason for the amendment.
    (6) A declaration that the person responsible for the production of
the unmanned aircraft system:

    (i) Can demonstrate that the unmanned aircraft system was designed
and produced to meet the minimum performance requirements of Sec.
89.310 or Sec.  89.320 by using an FAA-accepted means of compliance.
    (ii) Complies with the requirements of Sec.  89.510(b).
    (7) Statement that 47 CFR-compliant radio frequency equipment is
used and is integrated into the unmanned aircraft system without
modification to its authorized radio frequency parameters.

Sec.  89.525  Acceptance of a declaration of compliance.

    (a) The Administrator will evaluate a declaration of compliance
that is submitted to the FAA and may request additional information or
documentation, as needed, to supplement the declaration of compliance.
    (b) If the Administrator determines that the submitter has
demonstrated compliance with the requirements of this subpart, the FAA
will notify the submitter that the Administrator has accepted the
declaration of compliance. If the Administrator determines the
submitter has not demonstrated compliance, the FAA will notify the
submitter that the Administrator has not accepted the declaration of
compliance.

Sec.  89.530  Rescission and reconsideration.

    (a) Rescission of the FAA's acceptance of a declaration of
compliance. (1) A declaration of compliance is subject to ongoing
review by the Administrator. The Administrator may rescind acceptance
of a declaration of compliance under circumstances including but not
limited to the following:
    (i) A standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system listed under an
accepted declaration of compliance does not meet the minimum
performance requirements of Sec.  89.310 or Sec.  89.320.
    (ii) A previously FAA-accepted declaration of compliance does not
meet any of the requirements of this subpart.
    (iii) The FAA rescinds acceptance of the means of compliance listed
in an FAA-accepted declaration of compliance.
    (2) The Administrator will notify the person who submitted the FAA-
accepted declaration of compliance of any issue of noncompliance.
    (3) If the Administrator determines that it is in the public
interest, prior to rescinding acceptance of a declaration of
compliance, the Administrator may provide a reasonable period of time
for the person who submitted the declaration of compliance to remediate
the noncompliance. A failure to remediate the noncompliance constitutes
cause for rescission of the FAA's acceptance of the declaration of
compliance.
    (4) The Administrator will notify the person who submitted the
declaration of compliance of the decision to rescind acceptance of the
declaration of compliance by publishing a notice of rescission in the
Federal Register.
    (b) Petition to reconsider the FAA's decision to rescind acceptance
of a declaration of compliance. (1) The person who submitted the FAA-
accepted declaration of compliance or any person adversely affected by
the rescission of the Administrator's acceptance of a declaration of
compliance may petition for a reconsideration of the decision by
submitting a request to the FAA in a form and manner acceptable to the
Administrator within 60 calendar days of the date of publication in the
Federal Register of notification of rescission.
    (2) A petition to reconsider the rescission of the Administrator's
acceptance of a declaration of compliance must show that the petitioner
is an interested party and has been adversely affected by the decision
of the FAA. The petition must also demonstrate at least one of the
following:
    (i) The petitioner has a significant additional fact not previously
presented to the FAA.
    (ii) The Administrator made a material error of fact in the
decision to rescind acceptance of the declaration of compliance.
    (iii) The Administrator did not correctly interpret a law,
regulation, or precedent.
    (3) Upon consideration of the information submitted by the
petitioner, the Administrator will notify the petitioner and the person
who submitted the declaration of compliance (if different) of the
decision to reinstate or to not reinstate the Administrator's
acceptance of the declaration of compliance.
    (c) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraphs (a) and (b) of this section.

Sec.  89.535  Record retention.

    A person who submits a declaration of compliance under this subpart
that is accepted by the Administrator must retain the following
information for as long as the UAS listed on that declaration of
compliance are produced plus an additional 24 calendar months, and must
make available for inspection by the Administrator the following:
    (a) The means of compliance, all documentation, and substantiating
data related to the means of compliance used.
    (b) Records of all test results.
    (c) Any other information necessary to demonstrate compliance with
the means of compliance so that the unmanned aircraft system meets the
remote identification requirements and the design and production
requirements of this part.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
15. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190,130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
16. Amend Sec.  91.215 by revising paragraphs (b) introductory text and
(c) and adding paragraph (e) to read as follows:

Sec.  91.215  ATC transponder and altitude reporting equipment and use.

* * * * *
    (b) All airspace. Unless otherwise authorized or directed by ATC,
and except as provided in paragraph (e)(1) of this section, no person
may operate an aircraft in the airspace described in paragraphs (b)(1)
through (5) of this section, unless that aircraft is equipped with an
operable coded radar beacon transponder having either Mode 3/A 4096
code capability, replying to Mode 3/A interrogations with the code
specified by ATC, or a Mode S capability, replying to Mode 3/A
interrogations with the code specified by ATC and intermode and Mode S
interrogations in accordance with the applicable provisions specified
in TSO C-112, and that aircraft is equipped with automatic pressure
altitude reporting equipment having a Mode C capability that
automatically replies to Mode C interrogations by transmitting pressure
altitude information in 100-foot increments. This requirement applies--
* * * * *
    (c) Transponder-on operation. Except as provided in paragraph
(e)(2) of this section, while in the airspace as specified in paragraph
(b) of this section or in all controlled airspace, each person
operating an aircraft equipped

with an operable ATC transponder maintained in accordance with Sec.
91.413 of this part shall operate the transponder, including Mode C
equipment if installed, and shall reply on the appropriate code or as
assigned by ATC, unless otherwise directed by ATC when transmitting
would jeopardize the safe execution of air traffic control functions.
* * * * *
    (e) Unmanned aircraft systems. (1) The requirements of paragraph
(b) of this section do not apply to a person operating an unmanned
aircraft system under this part unless the operation is conducted under
a flight plan and the person operating the unmanned aircraft system
maintains two-way radio communication with ATC.
    (2) No person may operate an unmanned aircraft system under this
part with a transponder on unless:
    (i) The operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC; or
    (ii) The use of a transponder is otherwise authorized by the
Administrator.
0
17. Amend Sec.  91.225 by revising paragraphs (a) introductory text,
(b) introductory text, (d) introductory text, and (f) introductory text
and adding paragraph (i) to read as follows:

Sec.  91.225  Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use.

    (a) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft in Class A airspace unless the aircraft has
equipment installed that--
* * * * *
    (b) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft below 18,000 feet MSL and in airspace described in
paragraph (d) of this section unless the aircraft has equipment
installed that--
* * * * *
    (d) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft in the following airspace unless the aircraft has
equipment installed that meets the requirements in paragraph (b) of
this section:
* * * * *
    (f) Except as provided in paragraph (i) of this section, each
person operating an aircraft equipped with ADS-B Out must operate this
equipment in the transmit mode at all times unless--
* * * * *
    (i) For unmanned aircraft systems:
    (1) The requirements of paragraph (b) of this section do not apply
to a person operating an unmanned aircraft system under this part
unless the operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC.
    (2) No person may operate an unmanned aircraft system under this
part with Automatic Dependent Surveillance-Broadcast Out equipment in
transmit mode unless:
    (i) The operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC; or
    (ii) The use of ADS-B Out is otherwise authorized by the
Administrator.

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

0
18. The authority citation for part 107 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5),
44807.

Sec.  107.53   [Redesignated as Sec.  107.56]

0
19. Redesignate Sec.  107.53 as Sec.  107.56.
0
20. Add Sec. Sec.  107.52 and new 107.53 to subpart B to read as
follows:

Sec.  107.52  ATC transponder equipment prohibition.

    Unless otherwise authorized by the Administrator, no person may
operate a small unmanned aircraft system under this part with a
transponder on.

Sec.  107.53  ADS-B Out Prohibition

    Unless otherwise authorized by the Administrator, no person may
operate a small unmanned aircraft system under this part with Automatic
Dependent Surveillance-Broadcast (ADS-B) Out equipment in transmit
mode.

    Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 2202 of
Pub. L. 114-190, on December 20, 2019.
Steve Dickson,
Administrator.
[FR Doc. 2019-28100 Filed 12-26-19; 11:15 am]
 BILLING CODE 4910-13-P


[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]
[Page 65636-65638]
[DOCID:fr26oc10-63]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0541]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for Industry
on Special Protocol Assessment

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
November 26, 2010.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0470.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry on Special Protocol Assessment--OMB Control
Number 0910-0470--Extension

    The ``Guidance for Industry on Special Protocol Assessment''
describes Agency procedures to evaluate issues related to the adequacy
(e.g., design, conduct, analysis) of certain proposed studies. The
guidance describes procedures for sponsors to request special protocol
assessment and for the Agency to act on such requests. The guidance
provides information on how the Agency interprets and applies
provisions of the Food and Drug Administration

Modernization Act of 1997 and the specific Prescription Drug User Fee
Act of 1992 (PDUFA) goals for special protocol assessment associated
with the development and review of PDUFA products. The guidance
describes the following two collections of information: (1) The
submission of a notice of intent to request special protocol assessment
of a carcinogenicity protocol and (2) the submission of a request for
special protocol assessment.

Notification for a Carcinogenicity Protocol

    As described in the guidance, a sponsor interested in Agency
assessment of a carcinogenicity protocol should notify the appropriate
division in FDA's Center for Drug Evaluation and Research (CDER) or the
Center for Biologics Evaluation and Research (CBER) of an intent to
request special protocol assessment at least 30 days prior to
submitting the request. With such notification, the sponsor should
submit relevant background information so that the Agency may review
reference material related to carcinogenicity protocol design prior to
receiving the carcinogenicity protocol.

Request for Special Protocol Assessment

    The guidance asks that a request for special protocol assessment be
submitted as an amendment to the investigational new drug application
(IND) for the underlying product and that it be submitted to the Agency
in triplicate with Form FDA 1571 attached. The guidance also suggests
that the sponsor submit the cover letter to a request for special
protocol assessment via facsimile to the appropriate division in CDER
or CBER. Agency regulations (21 CFR 312.23(d)) state that information
provided to the Agency as part of an IND is to be submitted in
triplicate and with the appropriate cover form, Form FDA 1571. An IND
is submitted to FDA under existing regulations in part 312 (21 CFR part
312), which specifies the information that manufacturers must submit so
that FDA may properly evaluate the safety and effectiveness of
investigational drugs and biological products. The information
collection requirements resulting from the preparation and submission
of an IND under part 312 have been estimated by FDA and the reporting
and recordkeeping burden has been approved by OMB under OMB control
number 0910-0014.
    FDA suggests that the cover letter to the request for special
protocol assessment be submitted via facsimile to the appropriate
division in CDER or CBER to enable Agency staff to prepare for the
arrival of the protocol for assessment. The Agency recommends that a
request for special protocol assessment be submitted as an amendment to
an IND for two reasons: (1)To ensure that each request is kept in the
administrative file with the entire IND and (2) to ensure that
pertinent information about the request is entered into the appropriate
tracking databases. Use of the information in the Agency's tracking
databases enables the appropriate Agency official to monitor progress
on the evaluation of the protocol and to ensure that appropriate steps
will be taken in a timely manner.
    The guidance recommends that the following information should be
submitted to the appropriate Center with each request for special
protocol assessment so that the Center may quickly and efficiently
respond to the request:
     Questions to the Agency concerning specific issues
regarding the protocol; and
     All data, assumptions, and information needed to permit an
adequate evaluation of the protocol, including: (1) The role of the
study in the overall development of the drug; (2) information
supporting the proposed trial, including power calculations, the choice
of study endpoints, and other critical design features; (3) regulatory
outcomes that could be supported by the results of the study; (4) final
labeling that could be supported by the results of the study; and (5)
for a stability protocol, product characterization and relevant
manufacturing data.
    Description of Respondents: A sponsor, applicant, or manufacturer
of a drug or biologic product regulated by the Agency under the Federal
Food, Drug, and Cosmetic Act or section 351 of the Public Health
Service Act (42 U.S.C. 262) who requests special protocol assessment.
    Burden Estimate: Table 1 of this document provides an estimate of
the annual reporting burden for requests for special protocol
assessment.
    Notification for a Carcinogenicity Protocol. Based on data
collected within CDER and CBER, including the number of notifications
for carcinogenicity protocols and the number of carcinogenicity
protocols submitted in fiscal years (FY) 2007, 2008, and 2009, CDER
estimates that it will receive approximately 60 notifications of an
intent to request special protocol assessment of a carcinogenicity
protocol per year from approximately 28 sponsors. CBER estimates that
it will receive approximately one notification of an intent to request
special protocol assessment of a carcinogenicity protocol per year from
approximately one sponsor. The hours per response, which is the
estimated number of hours that a sponsor would spend preparing the
notification and background information to be submitted in accordance
with the guidance, is estimated to be approximately 8 hours.
    Requests for Special Protocol Assessment. Based on data collected
within CDER and CBER, including the number of requests for special
protocol assessment submitted in FY 2007, 2008, and 2009, CDER
estimates that it will receive approximately 372 requests for special
protocol assessment per year from approximately 216 sponsors. CBER
estimates that it will receive approximately 10 requests from
approximately 10 sponsors. The hours per response is the estimated
number of hours that a respondent would spend preparing the information
to be submitted with a request for special protocol assessment,
including the time it takes to gather and copy questions to be posed to
the Agency regarding the protocol and data, assumptions, and
information needed to permit an adequate evaluation of the protocol.
Based on the Agency's experience with these submissions, FDA estimates
approximately 15 hours on average would be needed per response.
    In the Federal Register of July 13, 2010 (75 FR 39949), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received on the information
collection.
    FDA estimates the burden of this collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                         Annual
                                         No. of       frequency per   Total annual      Hours per    Total hours
                                       respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
Notification for Carcinogenicity                 29            2.10              61               8          488
 Protocols.........................

Requests for Special Protocol                   226            1.69             382              15        5,730
 Assessment........................
                                    ----------------------------------------------------------------------------
    Total..........................  ..............  ..............  ..............  ..............        6,218
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection.

    Dated: October 20, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-26985 Filed 10-25-10; 8:45 am]
BILLING CODE 4160-01-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

Approval and Promulgation of Federal Implementation Plan for Existing Oil and Natural Gas Well Production Facilities; Uintah and Ouray Indian Reservation (Uinta Basin) in Utah

Part A of the Supporting Statement
1. 	Identification of the Information Collection
(a) 	Title and Number of the Information Collection.
	Approval and Promulgation of Federal Implementation Plan for New, Modified, and Existing Oil and Natural Gas Well Production Facilities; Uintah and Ouray Indian Reservation (Uinta Basin) in Utah 40 CFR Part 49, Subpart K, §§49.4169 through 49.4184). This is a new information collection request (ICR) and the OMB Control Number is 2008-New.
 (b) 	Short Characterization.
      This ICR covers information collection requirements in the final Federal Implementation Plan (FIP) for Oil and Natural Gas Well Production Facilities; Uintah and Ouray Indian Reservation (Uinta Basin) in Utah (40 CFR Part 49, Subpart K, §§ 49.4182), herein referred to as the UOIR FIP. The information collected will be used by EPA and delegated tribal agencies to determine the compliance status of sources subject to the rule.
In the proposed action, EPA is promulgating a Reservation-specific FIP to establish enforceable control requirements for reducing VOC emissions from new, modified, and existing oil and natural gas production activities on the Uintah and Ouray Indian Reservation in Utah. Specifically, EPA is issuing this rule to require owners and operators of new, modified, and existing minor oil and natural gas production facilities producing on the Uintah and Ouray Indian Reservation in the Uinta Basin to reduce emissions of VOC, from crude oil, condensate, and produced water storage tanks, from glycol dehydrators, from pneumatic pumps, from pneumatic controllers, and from tanker truck loading and unloading. Oil and natural gas production facilities may also contain other VOC-emitting units or activities that include, but are not limited to, compressors, evaporation ponds, two and three-phase separators, heater treaters, liquids unloading, turbines, and reciprocating internal combustion engines. This rule does not contain requirements for, or otherwise apply to, those types of equipment.
Additionally, this rule creates a streamlined permitting mechanism for new or modified sources. However, the FIP's new/modified source permitting requirements are generally consistent with those requirements under the New Source Performance Standards (NSPS) for the Oil and Natural Gas Sector at 40 CFR Part 60, subparts OOOO and OOOOa (NSPS OOOO/OOOOa), and the Federal Minor New Source Review Program in Indian Country at 40 CFR Part 49 (Federal Indian Country Minor NSR Program). The costs associated with the monitoring, recording, and recordkeeping for new/modified sources is calculated under the existing ICRs for OOOO and OOOOa.
The potential respondents are owners or operators of oil and natural gas production facilities found throughout the UOIR. For the purposes of the UOIR FIP, an oil and natural gas production facility consists of all the air pollution emitting units and activities located on or integrally connected to one or more oil and natural gas wells that are necessary for production operations and storage operations. An oil and natural gas well is a single well that extracts subsurface reservoir fluids containing a mixture of oil, natural gas, and water. A well completion means the process that allows for the flowback of oil and natural gas from newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or tank. A well completion operation means any oil and natural gas well completion with hydraulic fracturing occurring at an oil and natural gas production facility. The completion date is considered the date that construction at an oil and natural gas production facility has commenced.
      In general, owners or operators are required to maintain records of all oil and natural gas well completions, required monitoring, and rule compliance. The UOIR FIP also requires annual reports containing information for each oil and natural gas production facility, including a summary of all required records identifying each oil and natural gas well completion conducted during the reporting period, and a summary of all instances where construction or operation was not performed in compliance with the requirements of the UOIR FIP during the reporting period. Additionally, a triennial summary emissions inventory is required for each facility covered under this rulemaking. These reports and records are essential in determining compliance, and are required of all sources subject to the UOIR FIP.
      We estimate that 23 operators and 5,169 oil and natural gas production facilities will be subject to this FIP over the next three years. The oil and natural gas production facilities subject to this rule will incur approximately 123,000 hours in annual monitoring, reporting, and recordkeeping burden (averaged over the first three years after the effective date of the rules), incurring an estimate $21.6 million ($2017) in burden. This includes an average labor cost of $6.4 million, average annualized capital costs of $6.4 million per year, and average annual operating and maintenance costs of $8.7 million per year over the 3-year period for this ICR.

2. 	Need For and Use of the Collection
(a)	Need/Authority for the Collection.
      The EPA is charged under Sections 301(a) and 301(d)(4) of the Clean Air Act (CAA) to promulgate regulations as necessary to protect tribal air resources. Promulgating the UOIR FIP addresses an important initial step to fill a regulatory gap between state and federal requirements with regard to controlling volatile organic compound (VOC) emissions from new, modified, and existing oil and natural gas production operations on the UOIR. There is no other federal rule, including the New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) for the Oil and Natural Gas Sector (NSPS OOOO and OOOOa and NESHAP HH), that establishes air pollution control regulations for the particular oil and natural gas production operations that exist on the UOIR. This is in contrast to oil and natural gas operations off the Reservation, which are governed by the Utah Department of Environmental Quality (DEQ) regulations and Utah Division of Oil, Gas, and Mining regulations within the State of Utah's jurisdiction. Consistent with the regulatory structure that exists off the UOIR, and NSPS OOOO and OOOOa, the UOIR FIP has requirements for VOC emissions control and reductions, monitoring, recordkeeping, and reporting.
      In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:
 establish and maintain such records;
 make such reports; install, use, and maintain such monitoring equipment,
 and use such audit procedures, or methods;
 sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe);
 keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;
 submit compliance certifications in accordance with Section 114(a)(3); and
 provide such other information as the Administrator may reasonably require.
(b)	Use/Users of the Data.
	These records and reports are necessary for the EPA Administrator (or the tribal agency if delegated), for example, to: (1) confirm compliance status of stationary sources; (2) identify any stationary sources not subject to the requirements and identify stationary sources subject to the regulations; and (3) ensure that the stationary source control requirements are being achieved. The information would be used by the EPA or tribal enforcement personnel to: (1) identify stationary sources subject to the rules; (2) ensure that appropriate control technology is being properly applied; and (3) ensure that the emission control devices are being properly operated and maintained on a continuous basis. Based on the reported information, the EPA Administrator (or the delegated tribe) can decide which stationary sources, records or processes should be inspected.

3.	Nonduplication, Consultations, and Other Collection Criteria
(a)	Nonduplication.
      The EPA does not anticipate a significant additional burden on the respondents due to potentially duplicative recordkeeping or reporting requirements. Because the UOIR FIP applies to sources located in Indian country, other federal agencies may also have jurisdiction on the UOIR. The EPA reviewed other federal regulations and discussed potentially applicable requirements to the respondents with staff from other federal entities to determine if and when the possible duplication of information collection exists. The EPA has identified potentially minor duplicative recordkeeping and reporting requirements with other federal regulations; however, we have determined that some sources may not be subject to the duplicative requirement or the duplication does not result in a significant burden to the respondents.
      The U.S. Department of Interior (DOI) has established regulations that may apply to the respondents of the UOIR FIP. DOI jurisdiction differs from EPA's jurisdiction under the CAA in that the applicability of DOI regulations is dependent on the lease status of the land where the facility is located. While DOI regulations do apply to a large majority of the respondents, oil and natural gas production facilities on the UOIR that are not operating on a federal or Indian oil and natural gas lease are not subject to DOI regulations. Therefore, certain requirements of the UOIR FIP are only potentially duplicative as DOI regulations may not apply to all sources subject to the UOIR FIP.
      The UOIR FIP at §49.4183(a)(1)(i) and (ii) requires owners and operators to measure the barrels of oil produced and volume of natural gas produced according to the methods specified in the Bureau of Land Management (BLM) Onshore Order #4, which also specifies that records of this measurement be kept for six years.  This information is reported on a monthly basis to the Office of Natural Resources Review (ONRR)  through Form OGAR-A.,  Additionally, the UOIR FIP requires owners and operators to keep records of the volume of produced natural gas sent to the control device (see §49.4183(a)(1)(iv)), which is reported to the ONRR on a monthly basis through Form OGAR-B.  Although the UOIR FIP requires similar recordkeeping, the information collected is not required to be submitted in the annual report. This information would also be necessary to be kept by the respondents as standard industry practice regardless of the UOIR FIP in order to determine applicability to federal CAA permitting requirements. Therefore, these potentially duplicative recordkeeping requirements do not impose any additional burden on the respondents and are not included as part of this ICR.
      The UOIR FIP requires owners and operators of oil and natural gas production facilities to submit an annual report each year (see §49.4184). As part of the annual report, the respondents are required to provide information about the date, time, duration and location of well completion operations performed during the reporting period, as well as the first date of production for each oil and natural gas well. The EPA has determined that the location of well completion operations and the first date of production are also required to be reported to the BLM within 30 days following completion operations through Form 3160-4.  However, the EPA believes this potentially duplicative information request is extremely minimal and does not pose a significant burden to the respondents. Although, the EPA would accept a copy of the submitted Form 3160-4 in lieu of any duplicated information required in the annual report for the UOIR FIP, we anticipate it will be easier for the respondents to separately include the location of the well completion and first date of production with the other information submitted in the annual report. The EPA has determined that the UOIR FIP requirements to report the date, time, and duration of flowback and venting during completion operations are not duplicative of any other DOI requirements that require similar information during the production phase.
      The EPA asserts that any potentially duplicative recordkeeping or reporting requirements of the UOIR FIP are necessary for the Agency to ensure compliance with the rule. We also note that the potential for duplication only exist for facilities subject to DOI requirements, which may not apply to all facilities on the UOIR depending on the land lease status of the facility. The information submitted to BLM and ONRR is not publicly available and it would be extremely resource intensive for the federal agencies to share such a small component of information relative to the total information the EPA is requesting under this ICR. Furthermore, much of the information collected under this ICR is a customary and usual business practice for the respondents. The oil and natural gas industry maintains their own records of production operations as part of routine business operations. The recordkeeping and reporting requirements in the UOIR FIP have been minimized to the greatest extent practicable while still ensuring compliance with rule as an effort to reduce the regulatory burden on the respondents.
(b)  	Public Notice Required Prior to ICR Submission to OMB.
	This section is not applicable because this is a rule-related ICR.
(c)	Consultations.
      In developing the UOIR FIP, EPA performed a comprehensive review of existing state rules and industry standards, as well as consulted with the Ute Tribe, individual companies, state and federal agencies, and environmental groups. During 2015 through 2019, multiple workshops were held with stakeholders impacted by this rulemaking. This included a meeting for UOIR operators in Denver, Colorado to discuss the technical operations and potential impact on oil and natural gas production facilities on the UOIR. Additional meetings were held for Ute Tribal representatives, as well as the State of Utah, Federal agencies, and environmental groups. The Agency's industry experts, including staff from the Office of Air Quality Planning and Standards, also provided expert advice throughout the development of the UOIR FIP.

(d)	Effects of Less Frequent Collection.
      Respondents must monitor all specified criteria at each affected facility and maintain these records for five years. The required reporting frequency to EPA has been established to minimize the burden on owners and operators of affected facilities.
(e)	General Guidelines.
      This collection of information is consistent with all OMB guidelines established by OMB at 5 CFR Part 1320, Section 1320.5.
 (f)	Confidentiality.
	All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
(g)  	Sensitive Questions.
	This section is not applicable because this ICR does not involve matters of a sensitive nature.

4.	The Respondents and the Information Requested
(a)	Respondents/NAICS Codes.
      Potential respondents under the UOIR FIP are each owner operating an oil and natural gas production facility producing from the Tribal lands in the Uinta Basin with one or more oil and natural gas wells existing as of the final rule being published in the Federal Register. The North American Industry Classification System (NAICS) code for the oil and natural gas industry potentially subject to the UOIR FIP is 211111 (Crude Petroleum and Natural Gas Extraction).
(b) Information Requested.
	(i)  Data Items, Including Recordkeeping Requirements.
                                 Recordkeeping
As applicable, the monthly calculations demonstrating that the uncontrolled actual VOC emissions from the aggregate of all storage tanks, glycol dehydrators, and pneumatic pumps at an affected oil and natural gas source as identified in §49.4169(b) has been maintained at less than 4 tpy.
                               49.4183(a)(1)(i)
For each enclosed combustor or utility flare at an affected oil and natural gas source required under §§ 49.4174 through 49.4178:
(A) Manufacturer-written, site-specific designs, operating instructions, operating procedures and maintenance schedules, including those of any operation monitoring systems;
(B) Date of installation;
(C) Records of all required monitoring of operations in §49.4182;
(D) Records of any deviations from the operating parameters specified by the written site-specific designs, operating instructions, and operating procedures. The records must include: the enclosed combustor or utility flare's total operating time during which a deviation occurred; the date, time and length of time that deviations occurred; the corrective actions taken; and any preventative measures adopted to operate the device within that operating parameter;
(E) Records of any instances in which the pilot flame is not present or the monitoring equipment is not functioning in the enclosed combustor or utility flare, the date and times of the occurrence, the corrective actions taken, and any preventative measures adopted to prevent recurrence of the occurrence;
(F) Records of any instances in which a recording device installed to record data from the enclosed combustor or utility flare is not operational; and
(G) Records of any time periods in which visible smoke emissions are observed emanating from the enclosed combustor or utility flare.
                               49.4183(a)(1)(ii)
For each closed-vent system:
(A) The date of installation; and
(B) Records of any instances in which any closed-vent system or control device was bypassed or down, the reason for each incident, its duration, and the corrective actions taken and any preventative measures adopted to avoid such bypasses or downtimes.
                              49.4183(a)(1)(iii)
Documentation of all storage tank and closed-vent system inspections required in §49.4183(e) and (f) All inspection records must include the following information:
(A) The date of the inspection;
(B) The findings of the inspection;
(C) Any adjustments or repairs made as a result of the inspection, and the date of the adjustment or repair; and
(D) The inspector's name and signature.
                               49.4183(a)(1)(iv)
The Uinta Basin-wide fugitive emissions monitoring plan for the Indian country lands portion of the U&O Reservation.
                               49.4183(a)(1)(v)
Documentation of each fugitive emissions inspection at all affected oil and natural gas sources. All inspection records must include the following information:
(A) The date of the inspection;
(B) The identification of any component that was determined to be leaking;
(C) The identification of any component not exempt under §49.4179(b)(2) that is not inspected and the reason it was not inspected;
(D) The date of the first attempt to repair the leaking component;
(E) The identification of any component with a delayed repair and the reason for the delayed repair
(1) For unavailable parts:
(i) The date of ordering a replacement component; and
(ii) The date the replacement component was received; and
(2) For a shutdown:
(i) The reason the repair is technically infeasible;
(ii) The date of the shutdown;
(iii) The date of subsequent startup after a shutdown; and
(iv) Emission estimates of the shutdown and the repair if the delay is longer than 6 months;
(F) The date and description of any corrective action taken, including the date the component was verified to no longer be leaking;
(G) The identification of each component exempt under §49.4179(b)(2), including the type of component and a description of the qualifying exemption; and
(H) The inspector's name and signature.
(2) For each affected oil and natural gas source as identified in §49.4169(b)(2):
(i) For each electronically controlled automatic ignition system required under §49.4182, records demonstrating the date of installation and manufacturer specifications;
(ii) For each retrofitted pneumatic controller, the records required in 40 CFR 60.5420(c)(4)(i); and
 (b) Each owner or operator must keep all records required by this section onsite at the source or at the location that has day-to-day operational control over the source and must make the records available to the EPA upon request.
(c) Each owner or operator must retain all records required by this section for a period of at least five years from the date the record was created.
                               49.4183(a)(1)(vi)
Each affected source shall submit an inventory every third year, beginning with the 2017 calendar year, for all emission units at an affected source.
                                    49.4172
Notifications and Reporting

Each owner and operator must submit an annual report containing the information specified in paragraphs (b)(1) through (3).
                                    49.4184

      (ii)  Respondent Activities.

                             Respondent Activities
Read instructions.
Gather relevant information.
Enter information required to be recorded above.
Submit the required reports
Develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Train personnel to be able to respond to a collection of information.
Completing and reviewing the collection of information
Transmit, or otherwise disclose the information.

5.	The Information Collected - Agency Activities, Collection Methodology, and Information Management
(a)	Agency Activities.
	The Agency activities associated with the UOIR FIP are provided in Exhibit 2a, Exhibit 2b, and Exhibit 2c for each of the three years of this ICR (located at the end of this supporting statement) and are introduced in section 6(c).
(b)	Collection Methodology and Management.
	Data and records maintained by the respondents are tabulated for internal use in compliance and enforcement programs of the EPA or delegated tribal agency. Records may be maintained by the respondents in hard copy or electronic format to allow flexibility and reduce the burden. As a further effort to minimize the reporting burden, the UOIR FIP allows for the electronic submittal of annual reports via email to<EMAIL_ADDRESS>The UOIR FIP also allows owners/operators to submit one report for all of their affected facilities, thus reducing the burden for multiple reports. Additionally, owners/operators are allowed to submit their annual reports required by the UOIR FIP at the same time as any required annual reports under the Title V operating permit program. The EPA Region 8 will continue to work with owners/operators to streamline the recordkeeping and reporting process whenever possible.
(c)  	Small Entity Flexibility.
      Minimizing the information collection burden for all sizes of organizations is a continuing effort for the EPA. The impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. EPA has tried to reduce the impact of this rule on small entities by the selection of highly cost-effective controls and specifying monitoring requirements that are the minimum to insure compliance.
 (d)  	Collection Schedule.
	The specific frequencies for each information collection activity within this request are shown in Exhibit 1a, Exhibit 1b, and Exhibit 1c:  Respondent Burden of Reporting Recording Requirements, for the first three years after promulgation, respectively.

6.  	Estimating the Burden and Cost of the Collection
(a)  	Estimating Respondent Burden.
	Exhibit 1a, Exhibit 1b, and Exhibit 1c document the computation of individual burdens for the recordkeeping and reporting requirements applicable to the respondents for the UOIR FIP included in this ICR for each of the first three years. The table below contains a summary of the respondent burden hours and costs detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.
                                      Year
                       Total Annual Labor Burden (hours)
                          Total Annual Labor Cost ($)
                                       1
                                    85,400
                                  $4,453,153
                                       2
                                    123,246
                                  $6,426,592
                                       3
                                    161,092
                                  $8,400,031
                                     Total
                                    369,738
                                  $19,279,776
                                3-Year Average
                                    123,246
                                  $6,426,592
(b)  	Estimating Respondent Costs
	The information collection activities for the UOIR FIP are presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c. The total cost for each respondent activity includes labor costs and capital/startup costs.
      (i)   Estimating Labor Costs
      This ICR uses the following labor rates: $53.80 per hour for technical labor (Professional), $71.12 per hour for management labor, and $26.10 per hour for clerical labor. These rates are from the Employer Costs for Employee Compensation published by the Bureau of Labor and Statistics and represent the state of the industry in 2017 (Source:  http://www.bls.gov/news.release/ecec.t02.htm). The rates are the total compensation rates and include the base rate for wages and salaries, as well as benefits such as paid leave, insurance, and retirement savings.
	(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs
      Capital/startup and O&M costs associated with the UOIR FIP result from the requirement to monitor and record proper operation of the control device through the use of an auto igniter or continuous pilot flame, each equipped with a remote notification system, malfunction alarm, and continuous recording device. These costs were also included in the EPA's preliminary economis impact analysis, which concluded the UOIR FIP a significant regulatory action under Executive Order 12866.  The capital/startup costs and O&M costs specific to the auto igniter and continuous pilot flame are the average estimated costs that were provided to the EPA by two of the operators subject to the 2012 Fort Berthold Indian Reservation FIP. The information gathered for the Fort Berthold FIP for O&M costs and capital costs was determined to be most appropriate for the UOIR given that many of the same companies are operating in both the U&O and Fort Berthold Reservations. The 2012 costs were inflated to 2017 dollars based on a 6.7% GDP price deflator. The capital/startup costs and O&M costs include the costs for the continuous pilot flame or auto igniter, in addition to the costs for the remote notification system, malfunction alarm, and continuous recording device. Since the EPA has obtained information that an auto igniter or continuous pilot flame is typically already included with the control device, the EPA believes the estimated capital/startup and O&M costs are conservative overestimates. Furthermore, the annual capital/startup and O&M costs is expected to decline due to group discounts on equipment and increasing familiarity with the system components by the operators. The capital/startup costs and O&M costs were annualized over the expected lifetime of the equipment. Since the estimated lifetime of the equipment exceeds the 3-year period covered by this ICR, the annualized costs are included for each year. The table below shows the expected capital/startup costs and O&M costs for this ICR.
         Capital/Startup vs. Operation and Maintenance (O&M) Costs
                                      (A)
                         Continuous Monitoring Device
                                      (B)
                  Capital/Startup Cost for One Respondent
                                      (C)
                     Average Annual Number of Respondents
                                      (D)
                  Average Annual Capital/Startup Cost, (BxC)
                                      (E)
                   Annual O&M Costs for One Respondent a
                                      (F)
                 Average Number of Respondents with O&M b
                                      (G)
                                Total O&M,
                                    (ExF)
Auto igniter or continuous pilot flame, each equipped with remote notification, malfunction alarm, and data recording device
                                    $3,706
                                     1,723
                                  $6,385,438
                                    $5,073
                                     3,446
                                  $8,740,697
Assumptions:
[a] O&M costs reflect operation and maintenance of an auto igniter or continuous pilot flame, which is typically included as part of the control device. Therefore, the above costs are a conservative overestimation of actual costs.

      The average annual capital/startup costs for this ICR are $6,385,438. This is the total of column D in the above table. The average annual operation and maintenance (O&M) costs for this ICR are $8,740,697 - this is the value in column G. Combined, the average annual cost for capital/startup and operation and maintenance costs to industry during the three-year period of the ICR is estimated to be $15,126,006.
 (c)  	Estimating Agency Burden and Cost
	Because the information collection requirements were developed as an incidental part of FIP development under Section 301 of the CAA, no costs can be attributed to the development of the information collection requirements. Since reporting and recordkeeping requirements on many of the respondents are potentially required under the operating permits rule in 40 CFR Part 71, no additional operational costs will be incurred by the Federal Government for these sources. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of the EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the Federal Government will incur are user costs associated with the analysis of the reported information, as presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c. This cost is based on the average hourly labor rate as follows:
		Managerial	$95.46  (GS-14, Step 5, $59.66 + 60%)
		Technical	$71.28  (GS-13, Step 1, $44.55 + 60%)
		Clerical	$36.05  (GS-7, Step 3, $22.53 + 60%)
      These rates are from the Office of Personnel Management (OPM), 2017 General Schedule, which includes locality rates of pay for EPA Region 8 employees in the Denver, Colorado. The rates have been increased by 60 percent to account for the benefit packages available to government employees.
 (d)  	Estimating the Respondent Universe and Total Burden and Costs
      It was estimated that 1,723 facilities will be subject to the UOIR FIP requirements in the first year, 3,446 in the second year, and 5,169 in the third year during the 3-year period of this ICR. These values are based on an expectation that all existing facilities (5,169) will come into compliance with the FIP over a three-year period  -  given the 18 month grace period and anticipated waivers.

 (e)	Bottom Line Burden Hours and Cost Tables
      (i)  Respondent tally
      The bottom line respondent burden hours and costs, presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. The average annual burden for the recordkeeping and reporting requirements for the 23 owners and operators that are subject to the FIP is 123,246 person-hours, with an annual average cost of $21,552,599.
	(ii)  The Agency tally
      The average annual Federal Government cost is $274,501 for 3,963 hours for the UOIR FIP. The bottom line Agency burden hours and costs presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column.
	(iii)  Variations in the annual bottom line
      This section does not apply since no significant variation is anticipated.
(f)	Reasons for Change in Burden
	This section does not apply because this is a new ICR.
 (g)  	Burden Statement
	The burden for this ICR is summarized in the table below.
                                    Burden
                      Average Annual Number of Responses
                      Average Annual Labor Burden (hours)
                             Average Annual Costs

                                  Labor Costs
                                 Capital Costs
                                 O&M Costs
                              Total Annual Costs
Respondent
                                     3,446
                                   123,246
                                  $6,426,592
                                  $6,385,309
                                  $8,740,697
                                  $21,552,599
Agency
                                      NA
                                     3,963
                                   $274,501
                                      $0
                                      $0
                                   $274,501
      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 36 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to (or for) a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
	An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.
	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-R08-OAR-2015-0709. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the docket ID number identified in this document. The documents are also available for public viewing at the EPA Region 8 Air Program Office, 1595 Wynkoop Street, Denver, Colorado. The EPA Region 8 is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. The EPA contact for the UOIR FIP is Monica Morales and can be reached<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-R08-OAR-2015-0709 in any correspondence.
PART B
	This section is not applicable because statistical methods are not used in data collection associated with the final rule.