IFR Alien Pilot

Monday,
September 20, 2004
Part V
Department of
Homeland Security
Transportation Security Administration
49 CFR Part 1552

Flight Training for Aliens and Other
Designated Individuals; Security
Awareness Training for Flight School
Employees; Interim Rule
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56324 Federal Register / Vol. 69, No. 181 / Monday, September 20, 2004 / Rules and Regulations
DEPARTMENT OF HOMELAND this rulemaking, using any one of the TSA–14, 601 South 12th Street,
SECURITY following methods: Arlington, VA 22202; telephone: (571)
Comments Filed Electronically: You 227–2323; e-mail: TSA-Fees@dhs.gov.
Transportation Security Administration may submit comments through the For questions related to security
docket Web site at http://dms.dot.gov. awareness training: Michael Derrick,
49 CFR Part 1552 Please be aware that anyone is able to Office of Aviation Initiatives,
search the electronic form of all Transportation Security Administration
[Docket No. TSA–2004–19147] comments received into any of our Headquarters, West Building, Floor 11,
dockets by the name of the individual TSA–9, 601 South 12th Street,
RIN 1652–AA35
submitting the comment (or signing the Arlington, VA 22202–4220; telephone:
Flight Training for Aliens and Other comment, if submitted on behalf of an (571) 227–1198; e-mail:
Designated Individuals; Security association, business, labor union, etc.). Michael.Derrick@dhs.gov.
Awareness Training for Flight School You may review the applicable Privacy For legal questions: Dion Casey,
Employees Act Statement published in the Federal Office of Chief Counsel, Transportation
Register on April 11, 2000 (65 FR Security Administration Headquarters,
AGENCY: Transportation Security 19477), or you may visit http:// West Building, Floor 8, TSA–2, 601
Administration (TSA), Department of dms.dot.gov. South 12th Street, Arlington, VA 22202;
Homeland Security (DHS). You also may submit comments telephone: (571) 227–2663; e-mail:
ACTION: Interim final rule; request for through the Federal eRulemaking portal Dion.Casey@dhs.gov.
comments. at http://www.regulations.gov. SUPPLEMENTARY INFORMATION:
Comments Submitted by Mail, Fax, or
SUMMARY: In response to recent statutory In Person: Address or deliver your Comments Invited
requirements, the Transportation written, signed comments to the Docket As required by Section 612 of Vision
Security Administration is requiring Management System, U.S. Department 100—Century of Aviation
flight schools to notify TSA when aliens of Transportation, Room Plaza 401, 400 Reauthorization Act,1 this final rule is
and other individuals designated by Seventh Street, SW., Washington, DC being adopted without prior notice and
TSA apply for flight training. TSA is 20590–0001; Fax: (202) 493–2251. prior public comment. However, to the
establishing standards relating to the Comments that include trade secrets, maximum extent possible, operating
security threat assessment process that confidential commercial or financial administrations within DHS will
TSA will conduct to determine whether information, or sensitive security provide an opportunity for public
such individuals are a threat to aviation information (SSI) should not be comment on regulations issued without
or national security, and thus prohibited submitted to the public regulatory prior notice. Accordingly, TSA invites
from receiving flight training. In docket. Please submit such comments interested persons to participate in this
addition, TSA is establishing a fee to separately from other comments on the rulemaking by submitting written
cover a portion of the costs of the rule. Comments containing trade comments, data, or views. We also
security threat assessments that TSA secrets, confidential commercial or invite comments relating to the
will perform under this rule. Finally, financial information, or SSI should be economic, environmental, energy, or
TSA is establishing standards relating to appropriately marked as containing federalism impacts that might result
security awareness training for certain such information and submitted by mail from this rulemaking. See ADDRESSES
flight school employees. These to the individual(s) listed in FOR above for information on where to
requirements will help ensure that FURTHER INFORMATION CONTACT. submit comments.
individuals who intend to use aircraft to Reviewing Comments in the Docket: Comments that include trade secrets,
perform terrorist attacks in the U.S. do You may review the public docket confidential commercial or financial
not obtain flight training that would containing comments in person in the information, or SSI should not be
enable them to do so. These Dockets Office between 9 a.m. and 5 submitted to the public regulatory
requirements also will improve security p.m., Monday through Friday, except docket. Please submit such comments
at flight schools. Federal holidays. The Dockets Office is separately from other comments on the
DATES: Effective Date: This rule is located on the plaza level of the NASSIF rule. Comments containing this type of
effective September 20, 2004. Building at the Department of information should be appropriately
Compliance Dates: Flight schools that Transportation address above. Also, you marked and submitted to the address
provide, and individuals who apply for, may review public dockets on the specified in the ADDRESSES section.
flight training in the operation of aircraft Internet at http://dms.dot.gov. Upon receipt of such comments, TSA
with a maximum certificated takeoff See SUPPLEMENTARY INFORMATION for will not place the comments in the
weight of greater than 12,500 pounds format and other information about public docket and will handle them in
must comply with the requirements of comment submissions. accordance with applicable safeguards
this rule regarding such training FOR FURTHER INFORMATION CONTACT: For and restrictions on access. TSA will
beginning October 5, 2004. Flight questions related to flight training for hold them in a separate file to which the
schools that provide, and individuals aliens: Timothy Upham, Credentialing public does not have access, and place
who apply for, flight training in the Program Office, Transportation Security a note in the public docket that TSA has
operation of aircraft with a maximum Administration Headquarters, East received such materials from the
certificated takeoff weight of 12,500 Building, Floor 8, TSA–19, 601 South commenter. If TSA receives a request to
pounds or less must comply with the 12th Street, Arlington, VA 22202; examine or copy this information, TSA
requirements of this rule regarding such telephone: (571) 227–3940; e-mail: will treat it as any other request under
training beginning October 20, 2004. Timothy.Upham@dhs.gov. the Freedom of Information Act (FOIA)
Comment Date: Comments must be For questions related to fees: Randall (5 U.S.C. 552) and the Department of
received by October 20, 2004. Fiertz, Office of Revenue,
ADDRESSES: You may submit comments, Transportation Security Administration 1 Pub. L. 108–176, December 12, 2003, 117 Stat.
identified by the TSA docket number to Headquarters, West Building, Floor 12, 2490.
Federal Register / Vol. 69, No. 181 / Monday, September 20, 2004 / Rules and Regulations 56325
Homeland Security’s FOIA regulation regulations within TSA’s jurisdiction. screened, was issued on February 13,
found in 6 CFR part 5. Any small entity that has a question 2003. Thus, DOJ has performed this
With each comment, please include regarding this document may contact screening function for over a year. In
your name and address, identify the the persons listed in the FOR FURTHER developing this rule, TSA consulted
docket number at the beginning of your INFORMATION CONTACT section for with DOJ to address stakeholder
comments, and give the reason for each information or advice. You may obtain concerns with the DOJ screening
comment. The most helpful comments further information regarding SBREFA program. TSA also met with flight
reference a specific portion of the rule, on the Small Business Administration’s training providers, aircraft
explain the reason for any Web page at http://www.sba.gov/advo/ manufacturers, and other stakeholders
recommended change, and include laws/law_lib.html. to identify their areas of concern. As a
supporting data. You may submit result, TSA’s issuance of this interim
Good Cause for Immediate Adoption
comments and material electronically, final rule is not likely to have significant
in person, by mail, or fax as provided This action is being taken without adverse impacts on the regulated
under ADDRESSES, but please submit providing the opportunity for prior community.
your comments and material by only notice and public comment. Section 612 For these reasons, TSA finds that
one means. If you submit comments by requires TSA to promulgate an interim notice and public comment to this final
mail or delivery, submit them in two final rule (IFR) implementing the rule are impracticable, unnecessary, and
copies, in an unbound format, no larger requirements of Section 612, including contrary to the public interest. However,
than 8.5 by 11 inches, suitable for the fee provisions, not later than 60 days TSA is requesting public comments on
copying and electronic filing. after the enactment of Vision 100. See all aspects of the rule. If, based upon
If you want the TSA to acknowledge the Background section below for a information provided in public
receipt of your comments on this more detailed description of the Section comments, TSA determines that
rulemaking, include with your 612 requirements. changes to the rule are necessary to
comments a self-addressed, stamped TSA also believes there is good cause address transportation security more
postcard on which the docket number under Section 553(b) of the effectively, or in a less burdensome but
appears. We will stamp the date on the Administrative Procedure Act (APA) (5 equally effective manner, the agency
postcard and mail it to you. U.S.C. 553) for issuing an interim final will not hesitate to make such changes.
Except for comments containing rule. Section 553(b) of the APA This IFR will take effect upon
confidential information and SSI, we authorizes agencies to dispense with publication in the Federal Register.
will file in the public docket all certain notice procedures for rules when Section 553(d) of the APA mandates
comments we receive, as well as a they find ‘‘good cause’’ to do so. The that a substantive rule may take effect
report summarizing each substantive requirements of notice and opportunity no less than 30 days after the date it is
public contact with TSA personnel for comment do not apply when the published in the Federal Register,
concerning this rulemaking. The docket agency for good cause finds that those unless as otherwise provided by the
is available for public inspection before procedures are ‘‘impracticable, agency for ‘‘good cause.’’
and after the comment closing date. unnecessary, or contrary to the public The DOJ will stop accepting
We will consider all comments we interest.’’ completed applications from candidates
receive on or before the closing date for Section 612 of Vision 100—Century of under its rule on September 28, 2004,
comments. We will consider comments Aviation Reauthorization Act prohibits and thereafter will not accept any
a flight school from providing flight further training applications. Section
filed late to the extent practicable. We
training to aliens or other individuals 612 prohibits a flight school from
may change this rulemaking in light of
designated by the Secretary of providing flight training to candidates,
the comments we receive.
Homeland Security (referred to unless the candidate first provides TSA
Availability of Rulemaking Document hereinafter as ‘‘candidates’’), unless the with certain identifying information,
You may obtain an electronic copy candidate has first provided the and TSA does not determine that the
using the Internet by— Secretary with certain identifying person is a threat to aviation or national
(1) Searching the Department of information, and the Secretary has not security. Thus, flight schools will be
Transportation’s electronic Docket determined that the candidate is a threat barred from providing flight training to
Management System (DMS) Web page to aviation or national security. The candidates until the IFR establishing the
(http://dms.dot.gov/search); Department of Justice (DOJ) currently TSA security threat assessment program
(2) Accessing the Government performs this function. However, takes effect. This could have a
Printing Office’s Web page at http:// Section 612 transfers the responsibility significant adverse economic impact on
www.access.gpo.gov/su_docs/aces/ for determining whether a candidate flight schools.
aces140.html; or poses a threat to aviation or national Moreover, as noted above, TSA
(3) Visiting the TSA’s Law and Policy security from the DOJ to TSA. To ensure consulted extensively with DOJ to
Web page at http://www.tsa.dot.gov/ that flight schools may continue to address stakeholder concerns with the
public/index.jsp. provide flight training only to DOJ program and met with flight
In addition, copies are available by candidates who do not pose a threat to training providers, aircraft
writing or calling the individual in the aviation security, TSA must issue this manufacturers, and other stakeholders
FOR FURTHER INFORMATION CONTACT rulemaking as quickly as possible. to identify their areas of concern. TSA
section. Make sure to identify the docket Although this regulation would prohibit also is using an application process
number of this rulemaking. flight schools from training aliens until similar to the DOJ process, including the
the TSA security threat assessment use of the same Web site for submission
Small Entity Inquiries program takes effect, this prohibition of information. Thus, the agency
The Small Business Regulatory will not be known until this rule is believes that both candidates and flight
Enforcement Fairness Act (SBREFA) of issued. schools will be able to comply with the
1996 requires TSA to comply with small TSA notes that the DOJ final rule, requirements of the IFR fairly easily.
entity requests for information or advice requiring candidates who apply for In addition, the security benefits of
about compliance with statutes and flight training at U.S. flight schools to be the rule also justify making the rule
effective upon publication. Doing so MTOW—Maximum Certificated Takeoff DOJ rule does not apply to any military
will eliminate any gap between the DOJ Weight training provided by the Department of
program and implementation of the TSA Secretary—Secretary of Homeland Security Defense (DOD), the U.S. Coast Guard, or
TSA—Transportation Security
program. In the event that information an entity under contract with the DOD
Administration
on flight school candidates is submitted USCIS—United States Citizenship and or Coast Guard because such training is
to TSA after the DOJ program has Immigration Services not subject to FAA regulations. Under
ended, TSA will be in a position to Vision 100—Vision 100—Century of Aviation the DOJ rule, ‘‘training’’ includes any
identify individuals who pose a risk and Reauthorization Act instruction in the operation of an
should not be trained. An additional aircraft with a maximum certificated
I. Background
security benefit of implementing this takeoff weight (MTOW) of 12,500
regulation as soon as possible is that the A. Aviation and Transportation Security pounds or more, including ground
TSA program applies to candidates for Act school, flight simulator, and in-flight
training on aircraft whose maximum On November 19, 2001, Congress training, but not the provision of
takeoff weight is below 12,500 pounds; enacted the Aviation and Transportation training manuals or other materials or
the DOJ program does not apply to these Security Act (ATSA).2 Under Section mechanical training that would not
candidates. It is important that these 113 of ATSA (49 U.S.C. 44939), certain enable the trainee to operate such an
candidates be evaluated as soon as aviation training providers were aircraft in flight.
practicable because training in the prohibited from providing training to The DOJ rule requires a provider to
operation of these smaller aircraft can be aliens and other designated individuals submit to DOJ certain identifying
sufficient to allow a candidate to in the operation of aircraft with a information (including fingerprints and
operate a larger aircraft. maximum certificated takeoff weight of financial information) for each alien and
Finally, the IFR provides two 12,500 pounds or more, unless the other individual designated by the
compliance dates, one for flight training aviation training provider notified the Administrator of TSA 4 (referred to as
in the operation of aircraft with a Attorney General of the identity of the ‘‘candidates’’ in the DOJ rule) before the
maximum certificated takeoff weight of candidate seeking training, and the provider may provide training to the
greater than 12,500 pounds and another Attorney General did not notify the candidate. A provider is not required to
for flight training in the operation of aviation training provider within 45 submit such information for U.S.
aircraft with a maximum certificated days that the candidate presented a citizens or nationals, unless they have
takeoff weight of 12,500 pounds or less. threat to aviation or national security. If been designated by the Administrator of
Flight schools that provide, and the Attorney General determined that a TSA. An individual seeking training
individuals who apply for, flight candidate presented a threat to aviation may establish U.S. citizenship or
training in the operation of aircraft with or national security more than 45 days nationality by showing the provider
a maximum certificated takeoff weight after receiving notification from the certain documentation, such as a valid,
of greater than 12,500 pounds must training provider, the Attorney General unexpired U.S. passport or birth
comply with the requirements of this was required to notify the training certificate or a selection of U.S.
rule regarding such training beginning provider, and the training provider was Citizenship and Immigration Services
October 5, 2004. Flight schools that required to terminate the training (USCIS) or Immigration and
provide, and individuals who apply for, immediately. Naturalization Service (INS) forms
flight training in the operation of aircraft For purposes of Section 113, flight documenting naturalization.
with a maximum certificated takeoff training included in-flight training, The DOJ rule provides for two types
weight of 12,500 pounds or less must training in a simulator, and any other of processing, expedited and non-
comply with the requirements of this form or aspect of training. expedited. Expedited processing is
rule regarding such training beginning Also, under Section 113 the training typically completed within 5 to 15 days
October 20, 2004. TSA believes that provider was required to furnish the of receiving all of a candidate’s
flight schools and individuals who train Attorney General with the candidate’s identifying information, while non-
in smaller aircraft will need additional identification in a form required by the expedited processing is typically
time to comply with the IFR because Attorney General. Thus, the Attorney completed within 45 days of receiving
they currently are not subject to the DOJ General had the discretion to request a all of a candidate’s identifying
rule, as are flight schools and wide variety of information from a information (including fingerprints). A
individuals who train in larger aircraft. candidate in order to determine whether candidate is eligible for expedited
For these reasons, TSA finds good the candidate presented a threat to processing if he or she is part of any of
cause for this IFR taking effect upon aviation or national security. several categories of pilots whom the
publication in the Federal Register. Attorney General has determined
B. Department of Justice Rule present a minimal additional risk to
Abbreviations and Terms Used in This On February 13, 2003, the Department aviation or national security, including
Document of Justice (DOJ) issued a final rule foreign nationals who are current and
Administrator—Administrator of the implementing Section 113 of ATSA.3 qualified as a pilot in command, second
Transportation Security Administration The DOJ rule applies to individual in command, or flight engineer with
ATSA—Aviation and Transportation training providers, training centers, respective certificates with ratings
Security Act certificated carriers, and flight schools, recognized by the FAA for aircraft with
DHS—Department of Homeland Security including those located in countries an MTOW of over 12,500 pounds. If a
DOD—Department of Defense
other than the United States if they candidate does not fall into any of these
DOJ—Department of Justice
FAA—Federal Aviation Administration provided training leading to a U.S. categories, he or she must undergo the
FBI—Federal Bureau of Investigation license, certification, or rating (referred non-expedited processing.
FTCCP—Flight Training Candidate Checks to as ‘‘providers’’ in the DOJ rule). The Either a provider or a candidate must
Program submit the candidate’s identifying
GA—General Aviation 2 Pub. L. 107–71, 115 Stat. 597, November 19,
IFR—Interim Final Rule 2001. 4 The Administrator is now known as the
INS—Immigration and Naturalization Service 3 68 FR 7313, February 13, 2003. Assistant Secretary of Homeland Security for TSA.
information to DOJ via the Internet at passport and visa information; country and activities of individuals enrolling in
https://www.flightschoolcandidates.gov. of citizenship; date of birth; dates of or attending flight school.5 This
A candidate’s fingerprints must be taken training; and fingerprints. mandate was put in effect under Section
by, or under the supervision of, a Fourth, Section 612 reduces the time 113 of ATSA and was repeated in
Federal, State, or local law enforcement a provider must wait after submission of Section 612.
agency, by another entity approved by a candidate’s information before
DOJ, or, where available, by U.S. initiating training for a candidate, and II. Summary of the Interim Final Rule
Government personnel at a U.S. thus the time the Secretary has to (IFR)
embassy or consulate. A candidate is conduct a threat assessment, from 45 This IFR prohibits a flight school from
required to pay for all costs associated days to 30 days. It also requires the providing flight training to aliens and
with taking and processing his or her Secretary to establish a process to other individuals designated by TSA
fingerprints. ensure that the waiting period for (candidates) unless the flight school or
DOJ performs a risk assessment based certain classes of pilots, such as pilots the candidate submits certain
on the information submitted by the who are employed by a foreign air information to TSA, the candidate
candidate and the provider. If DOJ carrier that is certified under 14 CFR remits the specified fee to TSA, and
determines that a candidate does not part 129 and that has a security program TSA determines that the candidate is
present a risk to aviation or national approved under 49 CFR part 1546, does not a threat to aviation or national
security, DOJ notifies the candidate and/ not exceed 5 days. security. Under the IFR, there are four
or the provider electronically that the Fifth, Section 612 adds a notification categories of candidates. Category 1 is
provider may initiate the candidate’s requirement for training in the operation for candidates who are not eligible for
training. If DOJ determines that a of aircraft with an MTOW of 12,500 expedited processing for flight training
candidate does present some risk to pounds or less. It prohibits a flight in the operation of aircraft weighing
aviation or national security, DOJ training provider from providing greater than 12,500 pounds. Category 2
notifies the provider electronically that training in the operation of an aircraft is for candidates who are eligible for
training is prohibited or must be having an MTOW of 12,500 pounds or expedited processing for flight training
terminated. less to an alien or any other individual in the operation of aircraft weighing
If DOJ does not complete a specified by the Secretary unless the greater than 12,500 pounds. Category 3
candidate’s risk assessment within the provider has notified the Secretary that is for candidates applying for flight
appropriate time period, the provider the individual has requested such training in the operation of aircraft
may initiate the candidate’s training. training and furnished the Secretary weighing 12,500 pounds or less.
However, if DOJ subsequently with the individual’s identification in a Category 4 is for candidates applying for
determines that the candidate presents a form required by the Secretary. It recurrent training. Candidates in
risk to aviation or national security, DOJ requires a provider to submit a Categories 1–3 are required to submit
notifies the provider, and the provider candidate’s identifying information ‘‘in training information, such as the type of
is required to cease the candidate’s such form as the Secretary may training the candidate is requesting, and
training. require.’’ (49 U.S.C. 44939 (c)). identifying information, including
Sixth, Section 612 authorizes the fingerprints. Flight schools are required
C. Section 612 of Vision 100—Century Secretary to assess a fee for the threat
of Aviation Reauthorization Act to submit similar training and
assessment. The fee may not exceed identifying information for candidates
On December 12, 2003, Congress $100 (exclusive of the cost of collecting in Category 4, but are not required to
enacted Vision 100—Century of and transmitting fingerprints from submit the candidates’ fingerprints.6
Aviation Reauthorization Act. Section overseas facilities) during fiscal years TSA intends to use a process for
612 of Vision 100 makes several changes 2003 and 2004. For fiscal year 2005 and submitting information similar to the
to 49 U.S.C. 44939. First, it transfers the thereafter, the Secretary may adjust the current DOJ process, including the use
threat assessment requirements from the fee to reflect the costs of the threat of the same Web site for applying and
Attorney General to the Secretary of assessment. submitting information to TSA.
Homeland Security, and requires the Seventh, Section 612 specifies that The IFR sets the time periods a flight
Secretary to issue an interim final rule the threat assessment requirements do school must wait for TSA approval
(IFR) implementing Section 612. not apply to foreign military pilots who before the school may initiate a
Second, its applicability is clarified to are endorsed by the DOD for flight candidate’s training, and thus the time
cover ‘‘a person operating as a flight training in the U.S. period TSA has to conduct a candidate’s
instructor, pilot school, or aviation Eighth, Section 612 clarifies the
threat assessment. For Category 1
training center or subject to regulation definition of training that was in place
candidates (regular processing), a flight
under this part.’’ under Section 113 of ATSA. Section 113
Third, Section 612 specifies various school must wait 30 days after TSA
defined ‘‘covered training’’ as ‘‘in-flight
categories of identifying information the receives all the required information,
training, training in a simulator, and any
Secretary can require providers to including the specified fee and the
other form or aspect of training.’’ (49
submit for candidates for training in the candidate’s fingerprints. For Category 2
U.S.C. 44939(c)). Under Section 612,
operation of aircraft with an MTOW of candidates (expedited processing), a
‘‘training’’ means ‘‘training received
greater than 12,500 pounds. Section 113 flight school must wait 5 days after TSA
from an instructor in an aircraft or
of ATSA required a candidate’s receives all the required information.
aircraft simulator and does not include
identifying information to be submitted recurrent training, ground training, or 5 The Secretary delegated his responsibilities
‘‘in such form as the Attorney General demonstration flights for marketing under Section 612 to TSA.
may require.’’ (49 U.S.C. 44939 (a)(1)). purposes.’’ 6 As explained further below, Category 4
However, Section 612 provides that the Finally, Section 612 mandates that the candidates are not required to submit fingerprints
Secretary may require the following Secretary require flight schools to because TSA is not conducting a security threat
assessment for them. The agency is only verifying
information to be submitted: the conduct a security awareness program that Category 4 candidates are applying for
candidate’s full name, including any for flight schools to increase their recurrent training. Thus, TSA does not require
aliases or variations in spelling; awareness of suspicious circumstances Category 4 candidates’ fingerprints.
For candidates in Categories 3 (training ‘‘Candidate’’ is defined as an alien or threat assessment, is in accordance with
for aircraft 12,500 pounds or less) and other individual designated by TSA that intent.
4 (recurrent training), a candidate (or a who applies for flight training. It does ‘‘Flight school’’ is defined as any pilot
flight school for Category 4 candidates) not include an individual endorsed by school, flight training center, air carrier
must submit the specified information the Department of Defense for flight flight training facility, or flight
to TSA before the flight school may training. instructor certificated under 14 CFR part
initiate the candidate’s training, but the ‘‘Day’’ is defined two different ways, 61, 121, 135, 141, or 142; or any other
flight school is not required to wait for depending on the time period specified person or entity that provides
TSA approval. However, if TSA in the IFR. If the IFR specifies a time instruction under 49 U.S.C. Subtitle VII,
determines that any candidate, period of less than 11 days, such as the Part A, in the operation of any aircraft
including candidates in Categories 3 5-day waiting period for expedited or aircraft simulator. TSA is defining
and 4, is a threat to aviation or national processing candidates, the term ‘‘day’’ this term broadly to include any
security, or that the candidate is not means a day from Monday through individual, as well as any entity, that
receiving recurrent training, after the Friday. This excludes Saturdays and provides such instruction. This
flight school has initiated the Sundays and Federal holidays, but definition also includes any individual
candidate’s training, the IFR requires includes State and local holidays. If the or entity located outside of the U.S. that
the flight school immediately to cancel IFR specifies a time period of greater provides such instruction. For example,
or otherwise terminate the candidate’s than 11 days, such as the 30-day waiting a flight school located in Canada that
training. period for regular processing provides instruction in the operation of
The IFR also establishes a fee for the candidates, the term ‘‘day’’ means a an aircraft or aircraft simulator under 49
security threat assessments that TSA calendar day. U.S.C. Subtitle VII, Part A, that would
will perform and procedures for This definition of the term ‘‘day’’ is enable an individual to receive a U.S.
candidates to remit the fee to TSA. consistent with the computation of time Airman’s Certificate is subject to this
Candidates in Categories 1–3 are periods under the Federal Rules of Civil rule.
required to pay the same $130 fee per ‘‘Flight training’’ is defined as
Procedure (FRCP). Rule 6 of the FRCP
application. Candidates in Category 4 instruction received from a flight school
provides that when a period of time
are not required to pay a fee. in an aircraft, or aircraft simulator. As
prescribed or allowed under the FRCP is specified in Section 612 of Vision 100,
Finally, the IFR requires flight schools
less than 11 days, weekends and legal the term does not include recurrent
to provide security awareness training
holidays are excluded from the training, ground training, or
for certain flight school employees and
computation. The legal holidays demonstration flights for marketing
establishes standards and criteria such
specified in Rule 6 include New Year’s purposes. Section 612 of Vision 100 also
security awareness training programs
Day, Birthday of Martin Luther King Jr., provides that the requirements of the
must meet.
Washington’s Birthday, Memorial Day, TSA program do not apply to a foreign
III. Discussion of the IFR Independence Day, Labor Day, military pilot endorsed by the
A. Flight Training for Aliens and Other Columbus Day, Veteran’s Day, Department of Defense (DOD). The DOJ
Designated Individuals Thanksgiving Day, Christmas Day, and rule excludes military flight training
any other day appointed as a holiday by provided by DOD, the U.S. Coast Guard,
1. Scope and Definitions the President or the Congress of the or any entity under contract with DOD
This IFR creates a new part 1552 in United States. These are the Federal or the U.S. Coast Guard, and TSA has
title 49 of the Code of Federal holidays referred to in the definition of retained the exclusion in this IFR.
Regulations (CFR). Subpart A applies to ‘‘day’’ in this IFR. ‘‘Aircraft simulator’’ is defined as a
flight schools, as defined below, and to In addition, in light of the extremely flight simulator or flight training device,
individuals who apply to obtain flight short time periods TSA has to conduct as those terms are defined at 14 CFR
training. As noted above, Section 612 of the security threat assessment required 61.1.
Vision 100 specifies that the threat under Section 612, TSA believes that ‘‘Recurrent training’’ is defined as
assessment requirements apply only to days must be limited to business days. periodic training required for employees
aliens and other individuals designated Otherwise there could be situations in of certificated aircraft operators under
by the Secretary, and do not apply to which the agency would have little time 14 CFR part 61, 121,125, 135, or Subpart
U.S. citizens or nationals or foreign to perform a threat assessment. For K of part 91. Recurrent training
military pilots who are endorsed by the example, if a candidate who is eligible programs are established by these
DOD for flight training in the U.S. for expedited processing under this part operators and approved by the FAA for
However, Subpart A requires U.S. (a 5-day waiting period) submits his or flight crewmembers to remain proficient
citizens and nationals and foreign her information to TSA on the Friday in the performance of their duties
military pilots endorsed by the DOD to before a Federal holiday weekend, such during common carriage in an aircraft
submit certain information that will as Labor Day or Christmas, TSA for compensation or hire. For the
enable TSA to verify their status as U.S. essentially would have only 2 days to purposes of this IFR, recurrent training
citizens or nationals or DOD endorsees. perform that candidate’s security threat shall pertain only to those candidates
‘‘Alien’’ is defined as any person not assessment because of the weekend and who are current and qualified as a pilot
a citizen or national of the United the holiday. TSA believes that Congress, in command, second in command, or
States, as mandated at 8 U.S.C. in enacting Section 612, intended TSA flight engineer with respective
1101(a)(3) and in Section 612 of Vision to conduct a thorough threat assessment certificates with ratings recognized by
100. on each alien and other individual the FAA; who are employed by a carrier
‘‘National of the United States’’ is designated by TSA who applies for approved under 14 CFR parts 121, 125,
defined as a person who, though not a flight training in the U.S. TSA believes 135, or Subpart K of part 91; and who
citizen of the United States, owes that excluding weekends and Federal are applying for training while still
permanent allegiance to the United holidays from the waiting period under current and prior to the end of their
States. This is the definition of the term this part, which gives the agency grace month as established by their
at 8 U.S.C. 1101. sufficient time to conduct a thorough previously documented recurrent
training course. For example, a candidate has submitted certain system. TSA notes that flight schools
candidate who was approved for flight information to TSA; (iii) the flight that have registered under the DOJ’s
training in a particular type of aircraft, school has submitted to TSA, in a form program will not be required to register
and who has a unique student and manner acceptable to TSA, a again under the TSA program. TSA
identification number in the TSA photograph of the candidate taken when intends to transfer the information from
database that indicates he or she was the candidate arrives at the flight school the DOJ database to the TSA database.
approved by TSA for flight training in for flight training; and (iv) TSA has If a flight school makes a willful false
that type of aircraft, will be considered informed the flight school that the statement, or omits a material fact, when
applying for recurrent training if he or candidate does not pose a threat to submitting the information required
she applies for training in the same type aviation or national security. The under this part, the flight school may be
of aircraft as previously approved.7 information submitted by the candidate subject to enforcement action. For
TSA notes that there is no definition must be in a form and manner example, the flight school may be
of the term ‘‘recurrent training’’ in 14 acceptable to TSA. To the extent subject to civil penalties under 49
CFR part 61. Recurrent training is a term possible, TSA intends to use the DOJ U.S.C. 46301 and 49 CFR 1503. If a
specific to flight crewmember training process for submitting the required candidate makes a knowing and willful
requirements in 14 CFR parts 121, 125 information to TSA. TSA intends to false statement, or omits a material fact,
and 135 aircraft operators, and more continue using the DOJ Web site, with when submitting the information
recently of Fractional Ownership modifications, at https:// required under this part, the candidate
programs regulated under 14 CFR part www.flightschoolcandidates.gov. The may be subject to fine or imprisonment
91, Subpart K. TSA notes that this candidate is required to submit or both under 18 U.S.C. 1001; will be
definition of ‘‘recurrent training’’ is information to TSA electronically via denied approval for flight training under
applicable to both training in aircraft the Web site in accordance with the this part; and may be subject to other
with an MTOW greater than 12,500 procedures described below.8 The enforcement action, as appropriate.9
pounds and in aircraft with an MTOW candidate is required to electronically TSA considers the flight school’s or
of 12,500 pounds or less. sign a form that is submitted with the candidate’s electronic signature a
‘‘Ground training’’ is defined as required information. sufficient certification that the
classroom or computer-based For candidates in Category 4, the information provided is truthful and
instruction in the operation of aircraft, flight school must submit certain accurate. TSA also considers the
aircraft systems, or cockpit procedures. identifying and training information electronic signature a sufficient
This ground training includes the electronically via the Web site. The certification for civil penalties under 49
provision of written materials, such as flight school also must submit to TSA, U.S.C. 46301 and 49 CFR 1503,
manuals, but does not include in a form and manner acceptable to punishment under 18 U.S.C. 1001, and
instruction in a computer-based aircraft TSA, a photograph of the candidate denial of training under this part if the
simulator. taken when the candidate arrives for information provided is not truthful and
‘‘Demonstration flight for marketing flight training. TSA is requiring flight accurate.
purposes’’ is defined as a flight for the schools to submit a photograph of the TSA notes that the U.S. Department of
purpose of demonstrating an aircraft’s or candidate when the candidate arrives at State requires issuance of an I–20 form
aircraft simulator’s capabilities or the flight school for flight training to by the flight school before issuing the
characteristics to a potential purchaser, help ensure that the person who was candidate a student visa. Thus, for
or to an agent of a potential purchaser, cleared by TSA is the person who purposes of expediting a candidate’s
of the aircraft or simulator. For example, receives the flight training. TSA will visa process with the U.S. Department
when an aircraft manufacturer delivers check the photograph submitted by the of State, TSA may give a flight school
an aircraft to a purchaser, the purchaser flight school against the photograph of preliminary approval of a candidate so
typically takes the aircraft for what is the candidate that is taken when he or that the school may issue an I–20 form
known as an acceptance flight so that she enters the U.S. TSA intends to and the candidate may receive his or her
the purchaser can check for any accept photographs either electronically visa and begin classroom instruction or
potential discrepancies. During an (digital or scanned photo sent by e-mail) other training not subject to the IFR.
acceptance flight, the purchaser may ask or via fax. The email address and fax Preliminary approval from TSA will not
the aircraft manufacturer pilot about the numbers where the photographs may be impact the Department of State’s normal
operation of some aircraft equipment. sent will be available on the Web site. visa procedures. A candidate who
Such an acceptance flight is a TSA requests comment on this receives preliminary approval for flight
demonstration flight for marketing requirement. training from TSA may still be denied
purposes, not flight training, under the In addition, for all categories of a visa by the Department of State.
IFR. candidates a flight school will be The preliminary approval will be
required to verify that a candidate has based on all information required to be
2. General Requirements submitted for the online application,
applied for training at that school. To
For candidates in Categories 1–3, the ensure that only FAA-certificated flight which is, in turn, based on information
IFR generally prohibits a flight school schools verify this information, flight required to be submitted under the IFR.
from providing flight training to a schools are required to register for Typically, this information will not
candidate unless: (i) the flight school initial access to the TSA system through include the candidate’s fingerprints
notifies TSA that the candidate has the FAA. Flight schools should register since the fingerprinting process may be
requested such flight training; (ii) the through their local FAA Flight time-consuming or logistically
Standards District Office (FSDO). Upon impossible for some candidates. Thus,
7 To ease the application process, as well as
registration, flight schools will be sent TSA may provide preliminary approval
TSA’s determination as to whether a candidate is of a candidate to the candidate and the
applying for recurrent training, TSA intends to (via e-mail) a password to access the
track candidates using their unique student flight school, if the candidate has
identification number. This will make it easier to 8 Candidates will be required to complete a TSA
track candidates who apply for training at different form, located on the Web site, and submit the form 9 For example, a candidate may be subject to civil
flight schools. to TSA electronically. penalties under 49 CFR 1540.103.
submitted all the required information, and visa information, including all Thus, TSA adopted several of the
except for his or her fingerprints.10 For current and previous passports and information requirements that were not
all categories of candidates, both the visas held by the candidate and all the specified in Section 612 but were in the
candidate and the flight school will information necessary to obtain a DOJ rule, including the country of birth
receive notification of preliminary passport or visa;13 (5) the candidate’s requirement.
approval from TSA. The flight school country of birth, current country or A candidate is required to submit his
then may issue the I–20 form and, if the countries of citizenship, and each or her fingerprints to TSA as part of the
candidate is issued a visa, may initiate previous country of citizenship, if any; identification process. A candidate must
the candidate’s classroom instruction or (6) the candidate’s actual date of birth complete the TSA form and submit it to
other training not subject to the IFR. or, if the candidate does not know his TSA electronically before the candidate
However, if TSA, based on the or her date of birth, the approximate submits his or her fingerprints so that
candidate’s fingerprint or other date of birth used consistently by the TSA can match the candidate’s
information subsequently disclosed, candidate for his or her passport or visa; information with his or her fingerprints.
determines that a candidate poses a (7) the dates and location of the During the first six months after this
threat to aviation or national security, candidate’s requested training; (8) the IFR takes effect, the candidate’s
TSA will inform the flight school, and type of training for which the candidate fingerprints must be collected either: (1)
the flight school must immediately is applying, including the aircraft type By, or under the supervision of, a U.S.
terminate or cancel the candidate’s rating the candidate would be eligible to Federal, State, or local law enforcement
training. obtain upon completion of the training; agency; (2) by U.S. Government
(9) the candidate’s current U.S. pilot personnel at a U.S. embassy or
3. Requirements for Different Categories
certificate, certificate number, and type consulate that possesses appropriate
of Candidates
rating, if any; (10) the candidate’s fingerprint collection equipment and
a. Category 1—Regular Processing for fingerprints; (11) the candidate’s current personnel certified to capture
Flight Training on Aircraft More Than address and telephone number, as well fingerprints; or (3) by another entity
12,500 Pounds as each address for the 5 years prior to approved by the Federal Bureau of
Candidates who are not eligible for the date of the candidate’s application; Investigation (FBI) or TSA, including
expedited processing under the IFR and (12) the candidate’s gender.
airports that possess appropriate
(Category 1 candidates) must complete Candidates also are required to submit
fingerprint collection equipment and
an electronic form, similar to the DOJ’s the fee specified under this part. The fee
personnel certified to capture
Flight Training Candidate Checks requirements are discussed in further
fingerprints.14 A TSA contractor, the
Program (FTCCP) form, that will be detail below.
This information is either specified Association of American Airport
available on the Web site at https:// Executives (AAAE), will provide flight
www.flightschoolcandidates.gov. under Section 612 of Vision 100, is
necessary for TSA to determine the schools with a fingerprinting package.
Candidates must sign the form Candidates will be able to obtain the
identity of the candidate, or is necessary
electronically, and submit it fingerprinting package from the flight
for TSA to determine what type of
electronically to TSA. TSA will not school where they are applying for flight
training a candidate is applying to
accept any paper submissions of this training or directly from AAAE. The
receive. TSA believes that the
form. candidate will be required to take the
To confirm that a candidate has information that is required under the
IFR but not specified under Section 612 fingerprinting package to the entity that
applied for flight training at the flight captures the candidate’s fingerprints.
school specified in the candidate’s form, will aid the agency in performing the
threat assessment more quickly and That entity will capture the candidate’s
TSA will forward the candidate’s fingerprints and forward them to AAAE.
accurately, and thus will result in
information to the flight school and ask AAAE will convert them to electronic
shorter waiting times and fewer false
for verification that the candidate has form and then forward the electronic
positives. For example, a candidate’s
applied for training at that flight school. fingerprints to TSA for use in the
country of birth is not specified under
The flight school must verify that the security threat assessment.
Section 612 but is required under the
candidate has applied for training at After the first six months, TSA is
IFR. In consulting with the DOJ on the
that flight school via the Web site https:/ planning for implementation of a new
assessment it performs, TSA learned
/www.flightschoolcandidates.gov. fingerprint capture process. TSA is
that knowledge of a candidate’s country
Category 1 candidates must submit working with the U.S. Citizenship and
of birth greatly aided the DOJ in
the following information: (1) The Immigration Services (CIS) to allow
narrowing its searches of the necessary
candidate’s full name, including any candidates to have their fingerprints
databases. Because the waiting times
aliases used, or variations in the captured at CIS Application Support
under Section 612 are significantly
spelling of his or her name; (2) a unique Centers (ASC). At least one ASC is
shorter, TSA believes that information
student identification number as a located in each State, as well as the
that will significantly aid the agency in
means of identifying records concerning District of Columbia, Guam, Puerto
performing the threat assessment
the candidate;11 (3) a legible copy of the Rico, and the U.S. Virgin Islands. TSA
quickly and accurately is necessary.
candidate’s current, unexpired passport is also working with the Department of
Moreover, TSA believes that the
and visa;12 (4) the candidate’s passport usefulness of this information (i.e., State to allow candidates to have their
10 TSA notes that the waiting period does not
faster and more accurate threat fingerprints captured overseas at U.S.
begin until TSA receives all the information assessments) will substantially embassies and consulates. TSA will
required under the IFR, including the candidate’s outweigh the burden of providing it. inform candidates via the Web site of
fingerprints. any changes in the fingerprint capture
11 When a candidate or flight school completes
electronically, or copy his or her complete passport requirements, including the locations of
the TSA form on the Web site and submits it to and fax it to TSA using the fax number provided
TSA, the Web site generates a unique identification
any ASCs, embassies, or consulates that
on the Web site.
number for that candidate. 13 More details on the type of visa and passport
12 A candidate may either scan his or her information required will be available on the Web 14 TSA will provide a list of airports with
complete passport and submit it to TSA site. fingerprint capture capabilities on the Web site.
are capable of capturing candidate eligible for expedited processing. These flight school whether the candidate
fingerprints. are candidates who: (1) Hold an poses a threat to aviation or national
The candidate is required to confirm airman’s certificate from a foreign security within 5 days. However, if TSA
his or her identity to the entity taking country that is recognized by the FAA notifies a flight school that a candidate
his or her fingerprints by showing the or a U.S. military agency, and that poses a threat to aviation or national
entity his or her passport (if a non- permits the candidate to operate a security at any time, the flight school
resident alien), or resident alien card or multi-engine aircraft that has a must immediately terminate or cancel
U.S. driver’s license (if a resident alien). certificated takeoff weight of more than the candidate’s flight training.
The candidate also must pay for the cost 12,500 pounds; (2) are employed by a Once TSA informs a flight school that
of collecting and transmitting his or her foreign air carrier that operates under 14 a Category 2 candidate is not a threat to
fingerprints to TSA. Those costs are not CFR part 129 and that has a security aviation or national security, a flight
part of the TSA fee. program approved under 49 CFR part school must initiate the candidate’s
Under the IFR, a flight school is 1546; (3) have unescorted access flight training within 180 days. If the
prohibited from providing flight training authority to a secured area of an airport flight school does not initiate the
to a Category 1 candidate until TSA has under 49 U.S.C. 44936(a)(1)(A)(ii), 49 candidate’s flight training within 180
informed the flight school that the CFR 1542.209, or 49 CFR 1544.229; (4) days, the flight school or candidate must
candidate does not pose a threat to are a flightcrew member who has resubmit to TSA the information
aviation or national security, or the successfully completed a criminal required in the TSA form, including the
appropriate waiting period has expired. history records check in accordance required fee, but not the candidate’s
For Category 1 candidates, the waiting with 49 CFR 1544.230; or (5) are part of fingerprints. The flight school then must
period is 30 days. The waiting period a class of individuals to which TSA has wait until TSA informs the flight school
does not begin until TSA has received determined that providing flight that a candidate is not a threat to
all the information required under the training poses a minimal threat to aviation or national security, or until 5
IFR, including a candidate’s fingerprints aviation or national security because of days after TSA receives all the required
and the fee required under this part. the flight training already possessed by information before initiating the
Under the IFR, a flight school may candidate’s flight training. As discussed
that class of individuals.15
initiate a Category 1 candidate’s flight Under the IFR, candidates who meet in the section on fees, a candidate is
training if TSA has not informed the any of these criteria are eligible for required to submit the required fee each
flight school whether the candidate time he or she is required to submit
expedited processing (Category 2
poses a threat to aviation or national information for a TSA security threat
candidates). Category 2 candidates are
security within 30 days. However, if assessment.
required to submit the same information
TSA notifies the flight school that a
required of Category 1 candidates, c. Category 3—Flight Training on
candidate poses a threat to aviation or
including their fingerprints. They also Aircraft 12,500 Pounds or Less
national security at any time, the flight
are required to submit information that
school must immediately terminate or The IFR prohibits a flight school from
establishes that they are eligible for providing flight training in the
cancel the candidate’s flight training.
Once TSA informs a flight school that expedited processing, such as a copy of operation of any aircraft having an
a candidate is not a threat to aviation or their security identification display area MTOW of 12,500 pounds or less to an
national security, or the 30-day waiting (SIDA) badge. TSA will specify the alien or any other individual specified
period has expired, the flight school information that establishes that a by TSA unless the flight school notifies
must initiate the candidate’s flight candidate is eligible for expedited TSA that the candidate has requested
training within 180 days. If the flight processing on the TSA Web site. such flight training, and the candidate
TSA believes that it is necessary to submits to TSA certain identifying and
school does not initiate the candidate’s
require Category 2 candidates to submit training information. The information
flight training within 180 days, the
their fingerprints to ensure a thorough submitted by the candidate must be in
flight school or the candidate must
security threat assessment. The threat a form and manner acceptable to TSA.
resubmit to TSA the information
assessment consists, in part, of checks of TSA intends to use the same form and
required in the TSA form, including the
databases that may be searched only process for submitting the required
required fee, but not the candidate’s
through fingerprint information. information to TSA that the agency will
fingerprints. The flight school then must
Under the IFR, a flight school is use for flight training for aircraft with an
wait until TSA informs the flight school
prohibited from providing flight training MTOW greater than 12,500 pounds.
that a candidate is not a threat to
to a candidate until TSA has informed Thus, the candidate must complete the
aviation or national security or until the
the flight school that the candidate does same TSA form on the TSA Web site
appropriate waiting period expires (for
not pose a threat to aviation or national and submit the form electronically to
Category 1 candidates, 30 days after
security, or the appropriate waiting TSA. The candidate is required to
TSA receives all the required
period has expired. For Category 2 submit the same information as a
information, including the candidate’s
candidates, the waiting period is 5 days. candidate for flight training for aircraft
fingerprints and the required fee) before
The waiting period does not begin until with an MTOW greater than 12,500
initiating the candidate’s flight training.
TSA has received all the information pounds, including the candidate’s
As discussed in the section on fees, a
required under the IFR, including the fingerprints.
candidate is required to submit the
candidate’s fingerprints and the TSA is requiring candidates for this
required fee each time he or she is
required fee. type of flight training to submit the
required to apply for a TSA security
Under the IFR, a flight school may same information, including
threat assessment.
initiate a Category 2 candidate’s flight fingerprints, because an individual who
b. Category 2—Expedited Processing for training if TSA has not informed the receives flight training on aircraft with
Flight Training on Aircraft More Than an MTOW of 12,500 pounds or less may
12,500 Pounds 15 Currently, TSA has not designated any such
be familiar enough with aircraft
class of individuals. However, if TSA does
Section 612 of Vision 100 mandates designate such a class of individuals in the future, operations to operate an aircraft with an
that certain types of candidates be the agency will do so through a rulemaking process. MTOW greater than 12,500 pounds.
TSA notes that nine of the nineteen resubmitting his or her fingerprints if he applying; (6) the date of the candidate’s
September 11 hijackers received flight or she submits all the other required prior recurrent training, if any, and a
training on aircraft with an MTOW of information, including the fee. Before copy of the training form documenting
less than 12,500 pounds. The agency beginning the additional training, the that recurrent training; and (7) the dates
also believes that requiring candidates candidate must resubmit to TSA the and location of the candidate’s
for flight training on aircraft with an information required in the TSA form,18 requested training. This information is
MTOW of 12,500 pounds or less will along with the required fee,19 and wait necessary to establish a candidate’s
not be overly burdensome because a for TSA approval or until the applicable identity and determine whether he or
flight school is not required to wait until waiting period expires. In addition, a she is applying for recurrent training
TSA approves the candidate before Category 1, 2, or 3 candidate who is and thus exempt from the security
initiating the candidate’s training. A approved for flight training by TSA, but threat assessment requirements.
flight school may initiate the does not initiate that flight training As discussed above, ‘‘recurrent
candidate’s training as soon as the within 180 days, may reapply for flight training’’ is defined as periodic training
candidate provides all the information training without resubmitting required for employees of certificated
required under this section, including fingerprints if he or she resubmits all aircraft operators under 14 CFR parts
the candidate’s fingerprints and the other information required in paragraph 121,125, 135, or Subpart K of part 91.
required fee.16 For these reasons, TSA (a)(2) of this section, including the fee. Only candidates who apply for such
believes that candidates for flight The candidate must wait for TSA training are exempt from the
training on aircraft with an MTOW of approval or until the applicable waiting fingerprinting and security threat
12,500 pounds or less should undergo period expires before initiating training. assessment requirements under the IFR.
the same security threat assessment as The IFR requires a flight school to
e. Category 4—Recurrent Training on submit to TSA the required information
candidates for flight training on aircraft All Aircraft
with an MTOW greater than 12,500 before initiating a Category 4
pounds. As mandated by Section 612 of Vision candidate’s recurrent training. TSA will
Section 612 of Vision 100 only 100, the IFR exempts candidates who notify the flight school via e-mail when
requires flight schools to notify TSA apply for recurrent training from the the agency has received the required
when a candidate applies for flight security threat assessment requirements. information for a candidate. Once the
training for aircraft with an MTOW of However, TSA must be able to flight school has received the TSA e-
12,500 pounds or less, and to provide determine whether a candidate is mail, it may initiate the candidate’s
TSA with the candidate’s identification eligible for recurrent training and thus recurrent training. To ease the
in such form and manner as TSA may not subject to the threat assessment application process, as well as TSA’s
require. Section 612 does not require requirements. To do that, TSA is determination as to whether a candidate
flight schools to wait for TSA approval requiring a flight school, prior to is applying for recurrent training, TSA
before initiating such training for beginning a Category 4 candidate’s intends to monitor candidates using
recurrent training, to notify TSA that the their unique student identification
candidates.17 Thus, the IFR does not
candidate has requested such recurrent number to make it easier to track
require flight schools to wait for TSA
training and submit to TSA the candidates who apply for training at
approval before initiating such training
following information: (1) The different flight schools.
for Category 3 candidates.
However, the IFR does require a flight candidate’s full name, including any The requirements for Category 4
aliases used by the candidate or candidates are applicable both to
school to terminate or cancel a Category
variation in the spelling of the candidates who apply for recurrent
3 candidate’s flight training
candidate’s name; (2) any unique training for aircraft with an MTOW
immediately if TSA notifies the flight
student identification number issued by greater than 12,500 pounds and to
school that the candidate poses a threat
the DOJ or TSA that would help candidates who apply for recurrent
to aviation or national security at any
establish a candidate’s eligibility for the training for aircraft with an MTOW of
time. Although Section 612 does not
recurrent training exemption; (3) a copy 12,500 pounds or less.
specifically mandate this, TSA believes
of the candidate’s current, unexpired
such a requirement is necessary to carry 4. U.S. Citizens and Nationals and
passport and visa; (4) the candidate’s
out the intent of the statute—preventing Department of Defense Endorsees
current U.S. pilot certificate, certificate
individuals who pose a threat to number, and type rating(s); (5) the type The threat assessment requirements in
aviation or national security from of training for which the candidate is the IFR apply to aliens and other
obtaining flight training, and thus individuals designated by TSA. They do
preventing them from conducting 18 At this time, the candidate must complete the not apply to U.S. citizens and nationals
terrorist attacks using aircraft. application and submit it to TSA. However, TSA is or individuals who have been endorsed
working on the application program to allow the
d. Additional or Missed Flight Training candidate to update any information that has
by the DOD, unless they have been
changed or is new since the last time the candidate designated by TSA. To ensure that
Under the IFR, a Category 1, 2, or 3
submitted the application, rather than completing individuals who are not U.S. citizens or
candidate who has received TSA the entire application again. TSA will notify nationals or DOD endorsees do not
approval for flight training and candidates of this feature via the Web site as soon
as it is completed. evade the security threat assessment
completes the flight training may take
19 A candidate will be required to submit the fee requirements, the IFR requires flight
additional flight training without
each time he or she resubmits an application for schools to determine whether an
flight training because TSA will conduct the individual is a U.S. citizen or national
16 TSA will notify a flight school by e-mail when
security threat assessment each time a candidate
the agency has received all the required information applies for flight training, and thus TSA will incur
or DOD endorsee.
for a Category 3 candidate. The flight school then the costs of the security threat assessment. TSA will To establish U.S. citizenship or
may initiate the candidate’s flight training. maintain candidates’ fingerprints on file and use nationality, an individual must present
17 TSA is conducting the security threat them to conduct the fingerprint-based checks and to the flight school one of the following:
assessment for these candidates under its authority will use the information submitted by candidates,
to assess threats to transportation and to enforce including any new or changed information, to
(1) A copy of the individual’s valid,
security-related regulations and requirements. 49 conduct the name-based and other checks that make unexpired U.S. passport; (2) the
U.S.C. 114(f)(2) and (7). up the security threat assessment. individual’s original or government-
issued certified U.S., American Samoa, an individual who is a U.S. citizen or that, to facilitate the transition from the
or Swains Island birth certificate, national, a copy of the candidate’s proof DOJ application process to the TSA
together with a government-issued of U.S. citizenship or nationality; (2) in application process in an orderly
picture identification of the individual; the case of an individual who has been manner, the DOJ will accept completed
(3) the individual’s original U.S. endorsed by the DOD for flight training, FTCCP applications validated by a
naturalization certificate with raised a copy of the DOD letter and the Flight Training Provider up to 5 p.m.
seal, U.S. Citizenship and Immigration candidate’s identifying information; (3) Eastern Daylight Savings Time on
Services (USCIS) or Immigration and for all candidates, a copy of all the September 28, 2004, or a later date
Naturalization Service (INS) Form N– information required under the IFR for specified by DOJ and TSA on the Web
550, or Form N–570 (Certificate of each category of candidate, except for site at https://
Naturalization),20 together with a the candidate’s fingerprints; (4) a www.flightschoolcandidates.gov, and
government-issued picture photograph of each candidate taken thereafter will not accept any further
identification of the individual; (4) the within one year before the candidate training applications. Furthermore, the
individual’s original certification of receives flight training subject to this DOJ will not accept expedited and non-
birth abroad with raised seal, U.S. section; (5) a copy of the approval sent expedited applications for training that
Department of State Form FS–545, or by TSA confirming the candidate’s is scheduled to start after December 28,
U.S. Department of State Form DS– eligibility for flight training; and (6) a 2004, or a later date specified by the two
1350, together with a government-issued record of all fees paid to TSA in agencies. Candidates who submit a
picture identification of the individual; accordance with this IFR. A flight completed FTCCP form to the DOJ by
(5) the individual’s original certificate of school must permit persons authorized the specified deadlines will be
U.S. citizenship with raised seal, USCIS by TSA or the FAA to inspect these processed by the DOJ in accordance
or INS Form N–560, Form N–561 records. with the DOJ rule. Thereafter,
(Certificate of United States TSA believes that these records are candidates will be required to comply
Citizenship), or a USCIS or INS Form necessary to ensure that flight schools with the TSA IFR. TSA intends to begin
N–581 (Certificate of Repatriation), are complying with the requirements of accepting applications from candidates
together with a government-issued the IFR and for identification and for flight training in the operation of
picture identification of the individual; investigative purposes in the event that aircraft with an MTOW of greater than
or (6) in the case of flight training an individual who receives flight 12,500 pounds on October 5, 2004.
provided to a Federal employee training commits a criminal or terrorist Thus, if there is a gap between the date
(including military personnel) pursuant act. In particular, TSA believes that a on which DOJ ceases accepting
to a contract between a Federal agency current photograph of each candidate applications and that date, the Federal
and a flight school, the agency’s written subject to this IFR would be useful for Government will not accept any flight
certification as to its employee’s U.S. identification and investigation training applications. During this time
citizenship or nationality, together with purposes. TSA notes that a flight school period, flight schools may not initiate
the employee’s government-issued is required to maintain a current flight training for any candidate who
credentials or other Federally-issued photograph of all candidates for flight has not been approved under the DOJ
picture identification. training, including candidates eligible rule.
To establish that an individual has for expedited processing under the IFR, TSA notes that if TSA and the DOJ
been endorsed by the DOD for flight as well as candidates for recurrent specify a date for DOJ later than the
training, the individual must present to training. A flight school is not required
compliance dates identified in this rule,
the flight school a written statement to maintain a current photograph of U.S.
individuals and flight schools who
acceptable to TSA from the DOD citizens or nationals or DOD endorsees.
These requirements are applicable comply with 28 CFR part 105 up to that
attacheé in the individual’s country of date will be considered to be in
both to individuals who apply for flight
residence, together with a government- compliance with the requirements of
training for aircraft with an MTOW
issued picture identification of the this part.
greater than 12,500 pounds and to
individual.
individuals who apply for flight training B. Fees
These identification requirements are
for aircraft with an MTOW of 12,500
currently contained in the DOJ rule or The IFR requires candidates in
pounds or less.
required under DOJ procedures. TSA is Categories 1–3 to remit to TSA a fee
maintaining these requirements to 6. Candidates Subject to the DOJ Rule when they are required under section
ensure that individuals who are subject The IFR provides that a candidate 1552.3 to submit to TSA the required
to the IFR do not circumvent the who submits a completed Flight information for a security threat
security threat assessment process. Training Candidate Checks Program assessment.21 TSA will not conduct a
These requirements are applicable (FTCCP) form and fingerprints to the security threat assessment for a
both to individuals who apply for flight DOJ in accordance with the DOJ rule (28 candidate until the agency has received
training for aircraft with an MTOW CFR Part 105) will be processed in the candidate’s fee. The fee must be
greater than 12,500 pounds and to accordance with the requirements of the
individuals who apply for flight training DOJ rule. The requirements include the
21 As discussed above, a Category 1, 2, or 3
for aircraft with an MTOW of 12,500 candidate who receives TSA approval for flight
information submission requirements, training (or who did not have his or her flight
pounds or less. risk assessment standards, and training interrupted) and then completes that flight
5. Recordkeeping Requirements notification timelines in the DOJ rule. training may take additional flight training without
resubmitting his or her fingerprints if he or she
TSA believes this provision is necessary
The IFR requires a flight school to submits all the other required information,
to ensure the smooth transition of the including the fee. The candidate will be required
maintain the following information for a
program from the DOJ to TSA and avoid to submit the fee each time he or she resubmits an
minimum of 5 years: (1) In the case of application for flight training because TSA will be
confusion over to which requirements a
conducting the security threat assessment each time
20 The USCIS formerly was the INS. Thus, the candidate is subject and which agency a candidate applies for flight training, and thus TSA
rule permits the use of these same forms if they is responsible for performing the threat will incur the costs of the security threat
were issued by the INS. assessment for a candidate. TSA notes assessment.
remitted to TSA in a form and manner Section 612 authorizes TSA to set the last 6 years is 106,000 certificates. The
acceptable to TSA. A candidate must fee to reflect the costs of the security FAA estimates that 18% of these
submit the fee through the Internet at threat assessment. As explained in certificates were issued to non-U.S.
https://www.flightschoolcandidates.gov. greater detail below, the fee is $130 to citizens, which is equivalent to 19,000
Instructions for payment and acceptable reflect the full recurring costs to TSA for certificates. Therefore, TSA estimates
payment forms will be available on that performing the security threat that approximately 19,000 candidates
Web site. Essentially, TSA will accept assessment. will submit requests for this type of
the same payment mechanisms as flight training each year. TSA believes
1. Candidate Population
accepted by https://www.pay.gov, the that each candidate within this
U.S. Government’s electronic fee TSA estimates that there will be population will also submit an average
payment portal. 70,000 annual candidate applications of two requests each year for various
TSA will begin conducting a for flight training at FAA-approved reasons, such as a candidate who
candidate’s security threat assessment flight schools. This estimate is applies for subsequent flight training in
when the agency receives all of the comprised of the following: a different type of aircraft in the same
information required under the IFR, (a) The number of candidate fiscal year or a flight school that does
including the candidate’s fingerprints applications for training on aircraft with not initiate the candidate’s training
(when required) and the fee. Thus, TSA an MTOW greater than 12,500 pounds is within 180 days of receiving the TSA
will incur costs associated with estimated to be 32,000 annually, which approval. Thus, TSA estimates the total
performing the threat assessment is equivalent to 160,000 for the first five annual number of applications for flight
immediately. For this reason, TSA will years of the program. This estimate is training on aircraft with an MTOW of
not issue any fee refunds, unless a fee based on data from the DOJ that 12,500 pounds or less to be 38,000
was paid in error, that is, a fee was paid indicates the total annual candidate (19,000 candidates × 2 applications per
when it was not required. applications for training under the year).
A candidate must submit the fee each FTCCP for calendar year 2003. While
the DOJ did not track the actual number 2. Program Costs
time he or she is required to undergo a
security threat assessment under the of flight training candidates submitting This section summarizes TSA’s
IFR. For example, if TSA approves a multiple applications, TSA believes estimated costs of completing security
candidate for flight training, but the that, on average, candidates will submit threat assessments on candidates who
flight school does not initiate the two applications per year. This could be apply for flight training in the U.S. The
candidate’s training within 180 days of due to a candidate applying for costs are divided into two main
receiving the TSA approval, the IFR subsequent flight training on a different categories: Start-up costs and recurring
requires the candidate to resubmit his or type of aircraft in the same fiscal year annual costs. Start-up costs represent
her information to the flight school and or if the flight school does not initiate the cost of all resources necessary for
TSA. That candidate would be required the candidate’s training within 180 days TSA to establish the program. Recurring
to submit an additional fee for TSA to of receiving the TSA approval (both costs represent the resources necessary
conduct another security threat scenarios require re-application under for TSA to perform ongoing security
assessment. the requirements of the IFR.) Thus, TSA threat assessments on candidates.
The fee is required of candidates in estimates that each year approximately Recurring operations will begin during
Categories 1–3. TSA notes that Section 16,000 candidates will submit an fiscal year 2005.
612 of Vision 100 authorizes TSA to average of two applications each, TSA estimates that the total start-up
assess a fee for any investigation under resulting in 32,000 annual applications costs will be $3.0 million. The start-up
Section 612. As discussed above, for training on aircraft with an MTOW costs include all expenses related to the
Section 612 does not mandate a security greater than 12,500 pounds. transition of the program from the DOJ
threat assessment for candidates for (b) The number of candidate to DHS (specifically TSA). This includes
flight training for aircraft weighing applications for training on aircraft with $1.5 million for hardware and software;
12,500 pounds or less. However, as an MTOW of 12,500 pounds or less is $471,000 for contract personnel; and
discussed above, TSA believes such estimated to be 38,000 annually, which $1.0 million for facilities build out. Fees
candidates must be subject to the is equivalent to 190,000 for the first five will not recover the start-up costs. See
security threat assessment requirements years of the program. This estimate is the Costs Estimates table below for
in order to carry out the intent of the based on FAA Airman Registry data. additional details.
statute—preventing individuals who However, the FAA does not record the TSA estimates that the total annual
pose a threat to aviation or national number of certificates issued to foreign recurring costs will be $9.1 million. The
security from obtaining flight training, nationals. Instead, the FAA records the annual recurring cost includes $375,000
and thus preventing them from overall number of certificates issued for hardware and software; $4.0 million
conducting terrorist attacks using annually to all persons and the for contract and other personnel;
aircraft. Thus, TSA will perform a percentage of active non-U.S. citizens $30,000 Federal employee travel;
security threat assessment on those holding FAA certificates. The FAA $250,000 for fee payment processing
individuals, and will assess a fee for the estimates that the annual average of and $4.4 million for terrorist threat
threat assessment under Section 612. certificates issued to all persons over the assessment costs.
COST ESTIMATES
[In dollars]
Category description Start-up Recurring
Hardware/Software:
Transfer and modify Flight Training Candidate Checks Program (FTCCP) designed ‘‘front-end’’ Web site
application system ........................................................................................................................................ $376,000 $0
COST ESTIMATES—Continued
[In dollars]
Category description Start-up Recurring
Transfer and modify FTCCP designed applicant assessment system ............................................................ 1,054,000 0
Transfer and modify FTCCP designed helpdesk system ................................................................................ 70,000
Develop automated access to the Interpol system .......................................................................................... 0 0
Maintain and refresh ‘‘front-end’’ Web site application system ....................................................................... 0 94,000
Maintain and refresh applicant assessment system ........................................................................................ 0 263,500
Maintain and refresh helpdesk system ............................................................................................................ 0 17,500
Total ........................................................................................................................................................... 1,500,000 375,000
Contract and Other Employees:

Contract personnel to support transfer and modification of ‘‘front-end’’ Web site application system ........... 241,800 0
Contract personnel to support transfer and modification of applicant assessment system ............................ 229,000 0
Contract personnel to maintain ‘‘front-end’’ Web site application system ....................................................... 0 336,000
Contract and other personnel to maintain applicant assessment system ....................................................... 0 1,900,800
Contract personnel for helpdesk ...................................................................................................................... 0 403,200
Contract security assessment personnel ......................................................................................................... 0 1,382,400
Total ........................................................................................................................................................... 470,800 4,022,400
Federal Employee:
Travel ................................................................................................................................................................ 0 30,000
Total ........................................................................................................................................................... 0 30,000
Rent/Build out:
Facilities (build out) .......................................................................................................................................... 1,000,000 0
Facilities (rent, utilities, * * *) .......................................................................................................................... 0 0
Total ........................................................................................................................................................... 1,000,000 0
Other Costs:
Terrorist threat analysis .................................................................................................................................... 0 4,410,000
Fee payment processing .................................................................................................................................. 70,000 250,000
Total ........................................................................................................................................................... 70,000 4,660,000
Total Costs ................................................................................................................................................ 3,040,800 9,087,400
Based on its population and cost Pursuant to the Chief Financial collecting a candidate’s fingerprints will
assumptions, TSA has determined that Officers Act of 1990 and Office of be $100.
total startup phase costs will be Management and Budget Circular A–25,
C. Flight School Security Awareness
approximately $3.0 million and DHS/TSA will review this fee at least
Training
recurring phase costs will be every two years. Upon review, if it is
approximately $9.1 million annually. As found that the fee is either too high or 1. Scope and Definitions
TSA will perform the same threat too low, the amount of the fee will be This subpart applies to flight schools,
assessments for Category 1–3 adjusted accordingly. Since this IFR as defined in this part, that provide
candidates, the costs to TSA for each newly regulates a very dynamic segment instruction under 49 U.S.C. Subtitle VII,
category of candidate are the same. of the aviation population (foreign Part A, in the operation of aircraft or
candidates for flight training), and TSA aircraft simulators, and to certain
3. Fee has no prior operating history in employees of such flight schools.
performing threat assessments for this ‘‘Flight school employee’’ is defined
Section 612 authorizes TSA to adjust population, TSA may need to review as a flight instructor or ground
the fee to reflect the costs of the security program costs earlier than the minimum instructor certificated under 14 CFR part
threat assessment. The fee is based on two-year review period. 61, 141, or 142; a chief instructor
the recurring cost per applicant that certificated under 14 CFR part 141; a
TSA incurs to perform the security 4. Fingerprinting Costs
director of training certificated under 14
threat assessment and does not include There are a variety of options for CFR part 142; or any other person
start-up costs. To calculate this fee, TSA fingerprint collection and transmission employed by a flight school, including
uses the following equation: Annual available to candidates. The costs and an independent contractor, who has
recurring cost/estimated number of method of payment for these options direct contact with a flight school
annual threat assessments = annual cost will vary per location and will be student. This definition includes an
per applicant. The estimated cost per separate from, and in addition to, the independent or solo flight instructor
applicant is $130 ($9,087,400/70,000). TSA fee. Candidates or flight schools certificated under 14 CFR part 61. Thus,
As the costs for each applicant are the will be required to pay this cost directly an independent or solo flight instructor,
same, the fee will also be the same for to the fingerprint collector, not to TSA. who would be considered a ‘‘flight
each applicant category. TSA estimates that the maximum cost of school’’ under the definition of that
term in § 1552.1(b), must receive employee receiving the training. Studies strengthening of landing gear, changes
security awareness training in have shown that individuals retain to tail number, stripping the aircraft of
accordance with this subpart. information better when they receive seating or equipment; damage to
Section 612 does not provide a the information in an interactive format propeller locks or other parts of an
definition of flight school employee. than when they receive the information aircraft that is inconsistent with the
However, TSA believes that Section 612 passively (for example, by merely pilot training or aircraft flight log; and
should apply only to those employees listening to a lecture).22 Thus, the TSA dangerous or hazardous cargo loaded
who have direct or substantial contact initial training program is interactive, into an aircraft.
with students, and thus are more likely and TSA believes that any alternative Fourth, an alternative program must
to observe suspicious behavior, rather initial training program must be as well. provide an employee with appropriate
than those employees, such as grounds Second, any alternative initial responses for the employee to make in
maintenance staff, who may spend little training program must provide specific situations. Appropriate
time at a flight school or have no contact situational scenarios that require the responses include: taking no action, if a
with students. TSA also believes that employee to assess specific situations situation does not warrant action;
requiring security awareness training for and determine appropriate courses of questioning an individual, if his or her
such employees would impose a action. For example, the program could behavior may be considered suspicious;
substantial burden on flight schools give an employee a specific situation or informing a supervisor, if a situation or
while providing little added security. set of circumstances involving behavior an individual’s behavior warrants
Thus, TSA has limited the definition to by a flight school student and ask the further investigation; calling the TSA
employees who have direct contact with employee if the behavior is suspicious General Aviation Hotline; or calling
a flight school student. This definition and, if so, what the employee should do local law enforcement, if a situation or
includes administrative personnel who in response, such as inform a an individual’s behavior could pose an
accept payment from a flight school supervisor, contact the TSA General immediate threat. Thus, an alternative
student or process a student’s Aviation Hotline (1–866–GA– program, in complying with these
paperwork. TSA believes that such SECURE),23 or notify local law requirements and the interactive
personnel are well situated to observe enforcement. requirement discussed above, could give
any suspicious behavior or Third, any alternative initial training an employee a specific situation, ask the
circumstances in a student’s payment or program must enable an employee to employee to respond, and then provide
identification information. identify the proper uniforms and other the appropriate response (or responses,
identification (if any are required at the if more than one response could be
2. Security Awareness Training flight school) for employees at that flight appropriate) and some discussion of
Programs school or other persons authorized to be why that response is appropriate.
The IFR requires a flight school to on the grounds of that flight school. The Finally, an alternative training
ensure that each of its flight school training also must enable an employee program must contain any other
employees receives both initial and to identify suspicious behavior. information relevant to security
recurrent security awareness training. Suspicious behavior may include: measures or procedures at the flight
Current flight school employees, that is excessive or unusual interest in school, including applicable
those individuals who are flight school restricted airspace or restricted ground information in the TSA Information
employees on September 20, 2004, must structures, such as repeated requests to Publication ‘‘Security Guidelines for
receive initial security awareness fly over nuclear power plants; unusual General Aviation Airports.’’ 24; For
training within 90 days of the effective questions or interest regarding aircraft example, if a flight school requires
date of this rule. Flight school capabilities; aeronautical knowledge aircraft to have propeller locks after a
employees hired after September 20, inconsistent with the student’s existing certain time or has access codes for
2004 must receive initial security airman credentialing; sudden certain areas of the flight school
awareness training within 60 days of termination of the student’s instruction; grounds, that information must be
being hired. TSA believes that these loitering on the flight school grounds for included in the alternative training
time periods provide ample time for extended periods of time; and entering program.
flight schools to train both current and ‘‘authorized access only’’ areas without TSA notes that many flight schools
newly hired employees. permission. currently conduct some form of security
An alternative program also must awareness training for their employees.
a. Initial Security Awareness Training enable an employee to identify If the training used by a flight school
A flight school may use either the suspicious circumstances regarding meets the criteria for an alternative
initial security awareness training aircraft, including unusual initial security awareness training
program offered by TSA or an modifications to aircraft, such as the program in this IFR, and the flight
alternative initial training program school has documentation that meets
offered by a third party or designed by 22 See, e.g., John Tagg, The Learning Paradigm the recordkeeping requirements in this
the flight school itself. The TSA initial College (2003); European Commission, Green Paper, IFR for each employee who has received
Living and Working in the Information Society:
training program will be available People First (1996).
such training, TSA may consider the
electronically on the TSA General 23 TSA, in partnership with the National flight school to be in compliance with
Aviation (GA) Web site at http:// Response Center, launched the toll-free General the initial security awareness training
www.tsa.gov/public/display?theme=180 Aviation (GA) Hotline on December 2, 2002. The requirements of the IFR. However, the
or by contacting one of the individuals GA Hotline serves as a centralized reporting system flight school still must comply with the
for GA pilots, airport operators, and maintenance
in the FOR FURTHER INFORMATION technicians wishing to report suspicious activity at recurrent training requirements in the
CONTACT section above. their airfield. The GA Hotline was developed in
If a flight school decides to use an coordination with the Aircraft Owners and Pilots 24 These guidelines are intended to provide GA
alternative initial training program, the Association (AOPA) to complement the AOPA airport owners, operators and users with a set of
Airport Watch Program. This program will enlist federally endorsed security enhancements and
program must, at a minimum, meet the the support of some 550,000 GA pilots to watch for methods for implementation. TSA issued the
following criteria. First, it must require and report suspicious activities that might have guidelines on May 17, 2004, and they are available
active participation by the flight school security implications. on the TSA Web site at www.tsa.gov.
IFR. A flight school is not required to A recurrent training program also TSA and the FAA to inspect the records
submit its alternative initial security must contain any new threats posed by required under this section. TSA
awareness training program to TSA for or incidents involving general aviation officials will be conducting inspections
approval before the flight school uses (GA) aircraft. TSA will post information of flight schools to ensure that they are
the program to comply with the rule. regarding general threats posed by GA complying with this rule. Flight schools
Rather, TSA officials may audit a flight aircraft and major incidents involving that are not in compliance may be
school’s alternative training program GA aircraft on the TSA GA Web site at subject to civil penalties under 49
when inspecting the flight school. http://www.tsa.gov/public/ U.S.C. 46301 and 49 CFR part 1503.
TSA notes that a flight school may display?theme=180. A flight school
IV. Paperwork Reduction Act
have its employees receive computer- must use that information in its
based security awareness training on an recurrent training program. Finally, a Under the Paperwork Reduction Act
individual basis or may use an recurrent training program must contain of 1995 (PRA) (44 U.S.C. 3501, et seq.),
instructor to conduct the training to a any new TSA guidelines or a Federal agency must obtain approval
group of employees. If a flight school recommendations concerning the from the Office of Management and
elects to use an instructor to conduct the security of GA aircraft, airports, or flight Budget (OMB) for each collection of
training for its employees, the flight schools. This information also will be information it conducts, sponsors, or
school must first ensure that the available on the TSA GA Web site. requires through regulations. This
instructor has successfully completed interim final rule contains information
3. Documentation, Recordkeeping, and collection activities subject to the PRA.
the initial flight school security Inspection
awareness training program offered by Accordingly, the following information
TSA or an alternative initial training The IFR requires a flight school to requirements are being submitted to
program that meets the criteria issue a document to each flight school OMB for its review.
employee when the employee receives Title: Flight Training for Aliens and
discussed above.
initial security awareness training and Other Designated Individuals; Security
b. Recurrent Security Awareness each time the employee receives Awareness Training for Flight School
Training recurrent security awareness training. Employees.
This requirement will enable TSA Summary: In response to recent
The IFR requires a flight school to
inspectors to verify that each flight statutory requirements, TSA is requiring
ensure that each flight school employee
school employee has received the certain flight schools to notify TSA
receives recurrent security awareness
required security awareness training when aliens or other individuals
training each year in the same month as
each year. designated by TSA apply for flight
the month in which the flight school
The document issued to the employee training. TSA also is establishing
employee received initial security
must contain the employee’s name and standards relating to the security threat
awareness training. For example, if a
a distinct identification number for the assessments TSA will conduct to
flight school employee received initial
employee to enable both the flight determine whether such individuals are
security awareness training in April
school and TSA inspectors to track each a threat to aviation or national security,
2004, he or she must received recurrent
employee’s security awareness training. and thus prohibited from receiving
security awareness training in April
The document also must indicate the flight training. Finally, TSA is
2005.
date on which the flight school establishing standards relating to
TSA will not provide a recurrent
employee received the security security awareness training for certain
security awareness training program.25
awareness training; the name of the flight school employees, to include
Thus, a flight school will be required
instructor who conducted the training, keeping records of all such training.
either to design its own recurrent Use of: Flight schools will be required
if an instructor conducted the training;
security awareness training program or to provide TSA with identifying
a statement certifying that the flight
use a program designed by a third party. information and fingerprints on aliens
school employee received the security
At a minimum, a recurrent training and other designated individuals when
awareness training; the type of training
program must contain information such persons apply for flight training
received, whether initial or recurrent;
regarding any new security measures or and then keep this information on file
and if the flight school uses an
procedures implemented by the flight for the required amount of time. TSA
alternative initial training program, a
school, such as the installation of will use this information to perform
statement certifying that the program
fencing, new uniforms or identification background checks in order to assess if
meets the criteria in 49 CFR 1552.23 (c).
for employees, or the implementation of the flight training applicant poses a
Finally, the flight school employee and
new entry procedures. A recurrent security risk. In addition, flight schools
an authorized official of the flight
training program also must contain will be required to provide TSA with a
school must sign the document.
information regarding any security The IFR also requires a flight school photograph of the applicant when the
incidents at the flight school, and any to establish and maintain the following applicant arrives at the flight school for
lessons learned as a result of such records for one year after an individual training. TSA will use the photograph to
incidents. For example, if any of the no longer is a flight school employee: (1) help ensure that the person who is
flight school’s aircraft was broken into a copy of the document issued to the cleared for training by TSA is the person
or stolen, the recurrent training program employee when he or she received who receives the training. Flight schools
must discuss the incident and any initial training and each time he or she will also be required to keep applicant
measures the flight school has taken to received recurrent training; (2) a copy of records as well as records of security
address the incident or prevent such the alternative initial security awareness awareness training provided to
incidents in the future. training program, if the flight school employees so that TSA may inspect
used in the past or currently uses an those records when necessary.
25 TSA will provide information concerning any
alternative program instead of the TSA Respondents (including number of):
unclassified security events or issues at flight
schools or GA facilities over the previous year. program. The likely respondents to this
Flight schools should use that information as part Finally, the IFR requires a flight information requirement are aliens and
of their recurrent training program. school to allow officials authorized by other designated individuals who apply
for pilot training and the flight schools electronic, mechanical, or other transmitting identifying information for
they attend, which is estimated to be technological collection techniques or flight training candidates, providing
approximately 35,000 applicants every other forms of information technology. security awareness training for
year and 3,000 flight schools nationwide Individuals and organizations may employees, and retaining and
for a total of 38,000 respondents. submit comments on the information maintaining information on flight
Frequency: The respondents are collection requirement by November 19, training candidates and records on
required to provide the subject 2004, and should direct them via fax to security awareness training. The IFR
information every time an alien or other the Office of Information and Regulatory also will impose a fee on flight training
designated individual applies for pilot Affairs, Office of Management and candidates to defray the costs of security
training as described in this rule, which Budget, Attention: DHS–TSA Desk threat assessments that TSA will
is estimated to be an average of 2 times Officer, at (202) 395–5806. Comments to perform. In addition, flight school
per year for a total of 70,000 responses. OMB are most useful if received within candidates will incur the cost of
Records are required to be kept from the 30 days of publication. fingerprinting and opportunity costs in
time they are created. As protection provided by the providing the required information.
Annual Burden Estimate: It is Paperwork Reduction Act, as amended, TSA will incur costs for transferring and
estimated that it will take 45 minutes an agency may not conduct or sponsor, modifying the DOJ’s FTCCP system, and
per application to provide TSA with all and a person is not required to respond for conducting security threat
the information required by this rule, for to, a collection of information unless it assessments.
a total burden of 52,500 hours per year. displays a currently valid OMB control
Records must be retained from the time The IFR does not impose any new
number. The OMB control number for
they are created, and it is estimated that costs for requirements that already exist
this information collection is 1652–
each of the 3,000 flight schools will under the DOJ rule. Because candidates
0021.
carry an annual recordkeeping burden for flight training in the operation of
of 104 hours, for a total of 312,000 Rulemaking Analyses and Notices aircraft with MTOW of 12,500 pounds
hours. Thus, the combined hour burden or greater were subject to the DOJ rule,
Economic Analyses
associated with this collection is the IFR will only impose costs (other
estimated to be 364,500 hours annually. Executive Order 12866, ‘‘Regulatory than the cost of the TSA fee) on
In regard to costs, it is estimated that Planning and Review’’ (58 FR 51735, candidates who were not subject to the
there will be an annual cost burden of October 4, 1993), provides for making DOJ rule, that is candidates for flight
$205 per application, which includes determinations whether a regulatory training in the operation of aircraft with
the TSA fee of $130 and an estimated action is ‘‘significant’’ and therefore an MTOW of less than 12,500 pounds.
average cost of collecting, transmitting, subject to OMB review and to the
TSA does not expect a significant
and processing fingerprints of $75, for a requirements of the Executive Order.
impact on the overall demand for U.S.
total annual burden of $14.35 million. This rulemaking is not an economically
flight school training as a result of the
The yearly record keeping costs for each significant regulatory action as defined
IFR. The IFR only impacts alien
of the estimated 3,000 flight schools for by Executive Order 12866. The
candidates for U.S. flight training, and
retaining records on both pilot rulemaking does not meet the threshold
the population of alien candidates is
applicants and employee security of the $100 million effect on the
small relative to the total number of U.S.
training is estimated to be $1,500, for a economy annually. However, the action
flight students. Costs will increase for
total annual burden of $4.5 million. may be considered significant because
alien flight school candidates. However,
Thus the combined cost burden there is significant public interest in
TSA assumes that the impact on
associated with this collection is security since the events of September
demand will not be significant because
estimated to be $18.85 million annually. 11, 2001.
U.S. flight training is considered to be
The agency is soliciting comments This rulemaking does not constitute a
the global standard, and it is
to— barrier to international trade, and does
comparatively less expensive to obtain a
(1) Evaluate whether the information not impose an unfunded mandate on
pilot’s certificate in the U.S. than in
requirement is necessary for theproper state, local, or tribal governments, or the
most foreign countries. This assumption
performance of the functions of the private sector. These analyses, which
is discussed further in the full
agency, including whether the are summarized below, are discussed in
regulatory evaluation.
information will have practical utility; greater detail in the regulatory
(2) Evaluate the accuracy of the evaluation, which will be placed in the TSA estimates the total quantified
agency’s estimate of the burden; docket of this rulemaking. TSA costs at $180.2 million undiscounted
(3) Enhance the quality, utility, and welcomes comments on the costs over a 10-year period and an average of
clarity of the information to be analyzed or any additional costs that $18.0 million annually. When
collected; and could be considered. discounted at 7 percent, the total
(4) Minimize the burden of the quantified cost impact is $134.0 million
collection of information on those who Costs over a 10-year period, and $13.4 million
are to respond, including through the The IFR will impose costs on flight annually. The total costs of compliance
use of appropriate automated, training providers for collecting and are summarized in the table below.
TOTAL COSTS OF COMPLIANCE

[In thousands of dollars]
Collec-
tion & Security
Oppor- Photo 7% Dis-
trans- Finger- Data re- aware- Govern- Total an- Present
Year tunity trans- count fac-
mission printing tention ness ment nual costs value
costs mission tor
of infor- training
mation
2005 ........................... $388.2 $2,850 $769.5 $370 $4,500.0 $900 $3,040.8 $ 9,855.0 1.0000 $12,800.0
2006 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.9346 17,400.0
2007 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.8734 16,200.0
2008 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.8163 15,200.0
2009 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.7629 14,200.0
2010 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.7130 13,300.0
2011 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.6663 12,400.0
2012 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.6227 11,600.0
2013 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.5820 10,800.0
2014 ........................... 388.2 2,850 769.5 100 4,500.0 900 9,087.4 18,495.0 0.5439 10,100.0
Total .................... 3,882.0 28,500 7,695.0 1,270 45,000.0 9,000 84,827.4 180,170.0 ................ 134,000.0
Benefits will achieve the goals anticipated by the State, local, or tribal governments, in the
The primary benefit of the IFR will be legislation that established the aggregate, or by the private sector, of
increased protection of U.S. citizens and requirement. TSA believes reducing more than $100 million in any one year
property from acts of terrorism. The opportunities for terrorists to attain the (adjusted for inflation with base year of
requirements of this IFR decrease the ability to use aircraft as weapons against 1995). Before promulgating a rule for
chance that a flight school student who America and its allies justifies the which a written assessment is needed,
poses a security threat will be able to investment that this IFR requires. section 205 of the UMRA generally
receive flight training from a U.S. flight Moreover, this IFR strives to achieve requires TSA to identify and consider a
school in the operation of aircraft that these goals in the least costly manner reasonable number of regulatory
could be used in an act of terrorism. The possible. alternatives and adopt the least costly,
IFR will provide greater security Regulatory Flexibility Determination most cost-effective, or least burdensome
benefits than the DOJ rule because it alternative that achieves the objective of
applies to aliens seeking training on The Regulatory Flexibility Act (RFA) the rule. The provisions of section 205
smaller aircraft, and it also improves of 1980, as amended, was enacted by do not apply when they are inconsistent
security at flight schools through the Congress to ensure that small entities with applicable law. Moreover, section
requirement for security awareness (small businesses, small not-for-profit 205 allows TSA to adopt an alternative
training. organizations, and small governmental other than the least costly, most cost-
It is difficult to predict the probability jurisdictions) are not unnecessarily or effective, or least burdensome
of a terrorist attack. Even when the disproportionately burdened by Federal alternative if the agency publishes with
probability is low, the impact of such an regulations. The RFA requires agencies the final rule an explanation of the
attack can be devastating. As illustrated to review rules to determine if they have reasons that alternative was not
by the September 11, 2001 terrorist ‘‘a significant economic impact on a adopted.
attacks, loss of life and property damage substantial number of small entities.’’
However, Section 603(a) of the The UMRA does not apply to a
could be tremendous. Another possible regulatory action in which no notice of
impact of a terrorist attack could be an Regulatory Flexibility Act requires that
agencies prepare and make available for proposed rulemaking is published, as is
economic shock or slowdown. Although the case in this rulemaking action.
not quantified, the avoidance of such public comment an initial regulatory
flexibility analysis whenever the agency Accordingly, TSA has not prepared a
impacts is a major benefit of the statement under the UMRA.
enhanced security of the IFR. is required by law to publish a general
notice of proposed rulemaking. Section International Trade Impact Assessment
Comparison of Costs and Benefits 612 of Vision 100—Century of Aviation
The IFR will provide the American Reauthorization Act requires TSA to The Trade Agreement Act of 1979
people with added protection from promulgate an interim final rule prohibits Federal agencies from
terrorist attempts to become proficient implementing the requirements of establishing any standards or engaging
in the operation of aircraft for the Section 612. Accordingly, TSA has not in related activities that create
purpose of attacking American persons prepared an initial regulatory flexibility unnecessary obstacles to the foreign
and property. The costs to achieve the analysis for this rule. commerce of the United States.
level of security protection have been Legitimate domestic objectives, such as
Unfunded Mandates Assessment
measured and are estimated at $134 safety, are not considered unnecessary
million over the next 10 years when Section 202 of the Unfunded obstacles. The statute also requires
discounted at 7 percent. While it is Mandates Reform Act of 1995 (UMRA) consideration of international standards
impossible to quantify the benefits of requires Federal agencies to prepare a and, where appropriate, that they be the
the increased security that is expected written assessment of the costs, benefits, basis for U.S. standards. TSA has
to be achieved by the requirements and other effects of proposed or final assessed the potential effects of this rule
established in this IFR, TSA believes rules that include a Federal mandate and has determined that the rule will
that the actions that this IFR prescribes likely to result in the expenditure by impose the same costs on domestic and
international entities, and thus has a PART 1552—FLIGHT SCHOOLS training does not include recurrent
neutral trade impact. training, ground training, a
Subpart A—Flight Training for Aliens and demonstration flight for marketing
Executive Order 13132 (Federalism) Other Designated Individuals purposes, or any military training
Sec. provided by the Department of Defense,
Executive Order 13132 requires TSA 1552.1 Scope and definitions.
to develop an accountable process to the U.S. Coast Guard, or an entity under
1552.3 Flight training. contract with the Department of Defense
ensure ‘‘meaningful and timely input by 1552.5 Fees.
State and local officials in the or U.S. Coast Guard.
Subpart B—Flight School Security Ground training means classroom or
development of regulatory policies that Awareness Training computer-based instruction in the
have federalism implications.’’ ‘‘Policies
1552.21 Scope and definitions. operation of aircraft, aircraft systems, or
that have federalism implications’’ is 1552.23 Security awareness training cockpit procedures. Ground training
defined in the Executive Order to programs. does not include instruction in an
include regulations that have 1552.25 Documentation, recordkeeping, aircraft simulator.
‘‘substantial direct effects on the States, and inspection. National of the United States means
on the relationship between the national Authority: 49 U.S.C. 114, 44939. a person who, though not a citizen of
government and the States, or on the the United States, owes permanent
distribution of power and Subpart A—Flight Training for Aliens allegiance to the United States, and
responsibilities among the various and Other Designated Individuals includes a citizen of American Samoa or
levels of government.’’ Swains Island.
§ 1552.1 Scope and definitions.
We have analyzed this rule under the Recurrent training means periodic
(a) Scope. This subpart applies to training required under 14 CFR part 61,
principles and criteria of Executive flight schools that provide instruction
Order 13132. We have determined that 121,125, 135, or Subpart K of part 91.
under 49 U.S.C. Subtitle VII, Part A, in Recurrent training does not include
this action will not have a substantial the operation of aircraft or aircraft
direct effect on the States, on the training that would enable a candidate
simulators, and individuals who apply who has a certificate or type rating for
relationship between the national to obtain such instruction or who
Government and the States, or on the a particular aircraft to receive a
receive such instruction. certificate or type rating for another
distribution of power and (b) Definitions. As used in this part:
responsibilities among the various aircraft.
Aircraft simulator means a flight
levels of government, and therefore will simulator or flight training device, as § 1552.3 Flight training.
not have federalism implications. those terms are defined at 14 CFR 61.1. This section describes the procedures
Alien means any person not a citizen a flight school must follow before
Environmental Analysis or national of the United States. providing flight training.
TSA has reviewed this rule for Candidate means an alien or other (a) Category 1—Regular processing for
purposes of the National Environmental individual designated by TSA who flight training on aircraft more than
Policy Act of 1969 (NEPA) (42 U.S.C. applies for flight training or recurrent 12,500 pounds. A flight school may not
4321–4347) and has determined that training. It does not include an provide flight training in the operation
this action would not have a significant individual endorsed by the Department of any aircraft having a maximum
effect on the human environment. of Defense for flight training. certificated takeoff weight of more than
Day means a day from Monday 12,500 pounds to a candidate, except for
Energy Impact through Friday, including State and a candidate who receives expedited
local holidays but not Federal holidays, processing under paragraph (b) of this
TSA has assessed the energy impact for any time period less than 11 days section, unless—
of this rule in accordance with the specified in this part. For any time (1) The flight school has first notified
Energy Policy and Conservation Act period greater than 11 days, day means TSA that the candidate has requested
(EPCA) Public Law 94–163, as amended calendar day. such flight training.
(42 U.S.C. 6362). We have determined Demonstration flight for marketing (2) The candidate has submitted to
that this rulemaking is not a major purposes means a flight for the purpose TSA, in a form and manner acceptable
regulatory action under the provisions of demonstrating an aircraft’s or aircraft to TSA, the following:
of the EPCA. simulator’s capabilities or (i) The candidate’s full name,
characteristics to a potential purchaser, including any aliases used by the
List of Subjects in 49 CFR Part 1552
or to an agent of a potential purchaser, candidate or variations in the spelling of
Aircraft, Aliens, Alien pilots, Aviation of the aircraft or simulator, including an the candidate’s name;
safety, Education facilities, Fees, Flight acceptance flight after an aircraft (ii) A unique candidate identification
schools, Flight school employees, Flight manufacturer delivers an aircraft to a number created by TSA;
training, Reporting and recordkeeping purchaser. (iii) A copy of the candidate’s current,
requirements, Security awareness Flight school means any pilot school, unexpired passport and visa;
training, Security measures, Security flight training center, air carrier flight (iv) The candidate’s passport and visa
threat assessment. training facility, or flight instructor information, including all current and
certificated under 14 CFR part 61, 121, previous passports and visas held by the
The Amendments 135, 141, or 142; or any other person or candidate and all the information
entity that provides instruction under necessary to obtain a passport and visa;
■ For the reasons set forth in the 49 U.S.C. Subtitle VII, Part A, in the (v) The candidate’s country of birth,
preamble, the Transportation Security operation of any aircraft or aircraft current country or countries of
Administration amends chapter XII, simulator. citizenship, and each previous country
subchapter C, of title 49, Code of Federal Flight training means instruction of citizenship, if any;
Regulations, by adding a new part 1552 received from a flight school in an (vi) The candidate’s actual date of
to read as follows: aircraft or aircraft simulator. Flight birth or, if the candidate does not know
his or her date of birth, the approximate a threat to aviation or national security (2) Submit to TSA, in a form and
date of birth used consistently by the or more than 5 days have elapsed since manner acceptable to TSA:
candidate for his or her passport or visa; TSA received all of the information (i) The candidate’s full name,
(vii) The candidate’s requested dates specified in paragraph (a)(2) of this including any aliases used by the
of training and the location of the section. candidate or variations in the spelling of
training; (v) The flight school begins the the candidate’s name;
(viii) The type of training for which candidate’s flight training within 180 (ii) Any unique student identification
the candidate is applying, including the days of either event specified in number issued to the candidate by the
aircraft type rating the candidate would paragraph (b)(1)(iv) of this section. Department of Justice or TSA;
be eligible to obtain upon completion of (2) A candidate is eligible for (iii) A copy of the candidate’s current,
the training; expedited processing if he or she— unexpired passport and visa;
(ix) The candidate’s current U.S. pilot (i) Holds an airman’s certificate from (iv) The candidate’s current U.S. pilot
certificate, certificate number, and type a foreign country that is recognized by certificate, certificate number, and type
rating, if any; the Federal Aviation Administration or rating(s);
(x) Except as provided in paragraph a military agency of the United States, (v) The type of training for which the
(k) of this section, the candidate’s and that permits the candidate to candidate is applying;
fingerprints, in accordance with operate a multi-engine aircraft that has (vi) The date of the candidate’s prior
paragraph (f) of this section; a certificated takeoff weight of more recurrent training, if any, and a copy of
(xi) The candidate’s current address than 12,500 pounds; the training form documenting that
and phone number and each address for (ii) Is employed by a foreign air carrier recurrent training;
the 5 years prior to the date of the that operates under 14 CFR part 129 and (vii) The candidate’s requested dates
candidate’s application; has a security program approved under of training; and
(xii) The candidate’s gender; and 49 CFR part 1546; (viii) A photograph of the candidate
(xiii) Any fee required under this part. taken when the candidate arrives at the
(iii) Has unescorted access authority
(3) The flight school has submitted to
to a secured area of an airport under 49 flight school for flight training.
TSA, in a form and manner acceptable (e) Interruption of flight training. A
to TSA, a photograph of the candidate U.S.C. 44936(a)(1)(A)(ii), 49 CFR
1542.209, or 49 CFR 1544.229; flight school must immediately
taken when the candidate arrives at the
(iv) Is a flightcrew member who has terminate or cancel a candidate’s flight
flight school for flight training.
(4) TSA has informed the flight school successfully completed a criminal training if TSA notifies the flight school
that the candidate does not pose a threat history records check in accordance at any time that the candidate poses a
to aviation or national security, or more with 49 CFR 1544.230; or threat to aviation or national security.
(v) Is part of a class of individuals that (f) Fingerprints. (1) Fingerprints
than 30 days have elapsed since TSA
received all of the information specified TSA has determined poses a minimal submitted in accordance with this
in paragraph (a)(2) of this section. threat to aviation or national security subpart must be collected—
(5) The flight school begins the because of the flight training already (i) By United States Government
candidate’s flight training within 180 possessed by that class of individuals. personnel at a United States embassy or
days of either event specified in (c) Category 3—Flight training on consulate; or
paragraph (a)(4) of this section. aircraft 12,500 pounds or less. A flight (ii) By another entity approved by
(b) Category 2—Expedited processing school may not provide flight training in TSA.
for flight training on aircraft more than the operation of any aircraft having a (2) A candidate must confirm his or
12,500 pounds. (1) A flight school may maximum certificated takeoff weight of her identity to the individual or agency
not provide flight training in the 12,500 pounds or less to a candidate collecting his or her fingerprints under
operation of any aircraft having a unless— paragraph (f)(1) of this section by
maximum certificated takeoff weight of (1) The flight school has first notified providing the individual or agency his
more than 12,500 pounds to a candidate TSA that the candidate has requested or her:
who meets any of the criteria of such flight training. (i) Passport;
paragraph (b)(2) of this section unless— (2) The candidate has submitted to (ii) Resident alien card; or
(i) The flight school has first notified TSA, in a form and manner acceptable (iii) U.S. driver’s license.
TSA that the candidate has requested to TSA: (3) A candidate must pay any fee
such flight training. (i) The information required under imposed by the agency taking his or her
(ii) The candidate has submitted to paragraph (a)(2) of this section; and fingerprints.
TSA, in a form and manner acceptable (ii) Any other information required by (g) General requirements. (1) False
to TSA: TSA. statements. If a candidate makes a
(A) The information and fee required (3) The flight school has submitted to knowing and willful false statement, or
under paragraph (a)(2) of this section; TSA, in a form and manner acceptable omits a material fact, when submitting
and to TSA, a photograph of the candidate the information required under this
(B) The reason the candidate is taken when the candidate arrives at the part, the candidate may be—
eligible for expedited processing under flight school for flight training. (i) Subject to fine or imprisonment or
paragraph (b)(2) of this section and (4) The flight school begins the both under 18 U.S.C. 1001;
information that establishes that the candidate’s flight training within 180 (ii) Denied approval for flight training
candidate is eligible for expedited days of the date the candidate submitted under this section; and
processing. the information required under (iii) Subject to other enforcement
(iii) The flight school has submitted to paragraph (a)(2) of this section to TSA. action, as appropriate.
TSA, in a form and manner acceptable (d) Category 4—Recurrent training for (2) Preliminary approval. For
to TSA, a photograph of the candidate all aircraft. Prior to beginning recurrent purposes of facilitating a candidate’s
taken when the candidate arrives at the training for a candidate, a flight school visa process with the U.S. Department
flight school for flight training. must— of State, TSA may inform a flight school
(iv) TSA has informed the flight (1) Notify TSA that the candidate has and a candidate that the candidate has
school that the candidate does not pose requested such recurrent training; and received preliminary approval for flight
training based on information submitted Defense for flight training, the (i) Submits all other information
by the flight school or the candidate individual must present to the flight required in paragraph (a)(2) of this
under this section. A flight school may school a written statement acceptable to section, including the fee; and
then issue an I–20 form to the candidate TSA from the U.S. Department of (ii) Waits for TSA approval or until
to present with the candidate’s visa Defense attaché in the individual’s the applicable waiting period expires
application. Preliminary approval does country of residence together with a before initiating the additional flight
not initiate the waiting period under government-issued picture training.
paragraph (a)(3) or (b)(1)(iii) of this identification of the individual. (2) A Category 1, 2, or 3 candidate
section or the period in which a flight (i) Recordkeeping requirements. A who is approved for flight training by
school must initiate a candidate’s flight school must— TSA, but does not initiate that flight
training after receiving TSA approval (1) Maintain the following training within 180 days, may reapply
under paragraph (a)(4) or (b)(1)(iv) of information for a minimum of 5 years: for flight training without submitting
this section. (i) For each candidate: fingerprints as specified in paragraph
(h) U.S. citizens and nationals and (A) A copy of the photograph required (a)(2)(x) of this section if the candidate
Department of Defense endorsees. A under paragraph (a)(3), (b)(1)(iii), (c)(3), submits all other information required
flight school must determine whether an or (d)(2)(viii) of this section; and in paragraph (a)(2) of this section,
individual is a citizen or national of the (B) A copy of the approval sent by including the fee.
United States, or a Department of TSA confirming the candidate’s § 1552.5 Fees.
Defense endorsee, prior to providing eligibility for flight training.
flight training to the individual. (a) Imposition of fees. The following
(ii) For a Category 1, Category 2, or fee is required for TSA to conduct a
(1) U.S. citizens and nationals. To Category 3 candidate, a copy of the
establish U.S. citizenship or nationality security threat assessment for a
information required under paragraph candidate for flight training subject to
an individual must present to the flight (a)(2) of this section, except the
school his or her: the requirements of § 1552.3: $130.
information in paragraph (a)(2)(x). (b) Remittance of fees. (1) A candidate
(i) Valid, unexpired United States
(iii) For a Category 4 candidate, a must remit the fee required under this
passport;
copy of the information required under subpart to TSA, in a form and manner
(ii) Original or government-issued
paragraph (d)(2) of this section. acceptable to TSA, each time the
certified birth certificate of the United
(iv) For an individual who is a United candidate or the flight school is required
States, American Samoa, or Swains
States citizen or national, a copy of the to submit the information required
Island, together with a government-
information required under paragraph under § 1552.3 to TSA.
issued picture identification of the
(h)(1) of this section. (2) TSA will not issue any fee refunds,
individual;
(iii) Original United States (v) For an individual who has been unless a fee was paid in error.
naturalization certificate with raised endorsed by the U.S. Department of
seal, or a Certificate of Naturalization Defense for flight training, a copy of the Subpart B—Flight School Security
issued by the U.S. Citizenship and information required under paragraph Awareness Training
Immigration Services (USCIS) or the (h)(2) of this section.
(vi) A record of all fees paid to TSA § 1552.21 Scope and definitions.
U.S. Immigration and Naturalization (a) Scope. This subpart applies to
Service (INS) (Form N–550 or Form N– in accordance with this part.
(2) Permit TSA and the Federal flight schools that provide instruction
570), together with a government-issued under 49 U.S.C. Subtitle VII, Part A, in
picture identification of the individual; Aviation Administration to inspect the
records required by paragraph (i)(1) of the operation of aircraft or aircraft
(iv) Original certification of birth
this section during reasonable business simulators, and to employees of such
abroad with raised seal, U.S.
hours. flight schools.
Department of State Form FS–545, or (b) Definitions: As used in this
U.S. Department of State Form DS– (j) Candidates subject to the
Department of Justice rule. A candidate subpart:
1350, together with a government-issued Flight school employee means a flight
picture identification of the individual; who submits a completed Flight
Training Candidate Checks Program instructor or ground instructor
(v) Original certificate of United certificated under 14 CFR part 61, 141,
States citizenship with raised seal, a form and fingerprints to the Department
of Justice in accordance with 28 CFR or 142; a chief instructor certificated
Certificate of United States Citizenship under 14 CFR part 141; a director of
issued by the USCIS or INS (Form N– part 105 before September 28, 2004, or
a later date specified by TSA, is training certificated under 14 CFR part
560 or Form N–561), or a Certificate of 142; or any other person employed by
Repatriation issued by the USCIS or INS processed in accordance with the
requirements of that part. If TSA a flight school, including an
(Form N–581), together with a independent contractor, who has direct
government-issued picture specifies a date later than the
compliance dates identified in this part, contact with a flight school student.
identification of the individual; or This includes an independent or solo
(vi) In the case of flight training individuals and flight schools who
comply with 28 CFR part 105 up to that flight instructor certificated under 14
provided to a Federal employee
date will be considered to be in CFR part 61.
(including military personnel) pursuant
to a contract between a Federal agency compliance with the requirements of § 1552.23 Security awareness training
and a flight school, the agency’s written this part. programs.
certification as to its employee’s United (k) Additional or missed flight (a) General. A flight school must
States citizenship or nationality, training. (1) A Category 1, 2, or 3 ensure that—
together with the employee’s candidate who has been approved for (1) Each of its flight school employees
government-issued credentials or other flight training by TSA may take receives initial and recurrent security
Federally-issued picture identification. additional flight training without awareness training in accordance with
(2) Department of Defense endorsees. submitting fingerprints as specified in this subpart; and
To establish that an individual has been paragraph (a)(2)(x) of this section if the (2) If an instructor is conducting the
endorsed by the U.S. Department of candidate: initial security awareness training
program, the instructor has first (iii) Behavior by other on-site persons (iv) Any new TSA guidelines or
successfully completed the initial flight that may be considered suspicious, recommendations concerning the
school security awareness training including, but not limited to: security of general aviation aircraft,
program offered by TSA or an (A) Loitering on the flight school airports, or flight schools.
alternative initial flight school security grounds for extended periods of time;
awareness training program that meets and § 1552.25 Documentation, recordkeeping,
(B) Entering ‘‘authorized access only’’ and inspection.
the criteria of paragraph (c) of this
section. areas without permission. (a) Documentation. A flight school
(b) Initial security awareness training (iv) Circumstances regarding aircraft must issue a document to each flight
program. (1) A flight school must ensure that may be considered suspicious, school employee each time the flight
that— including, but not limited to: school employee receives initial or
(A) Unusual modifications to aircraft, recurrent security awareness training in
(i) Each flight school employee
such as the strengthening of landing accordance with this subpart. The
employed on January 18, 2005 receives gear, changes to the tail number, or
initial security awareness training in document must—
stripping of the aircraft of seating or (1) Contain the flight school
accordance with this subpart by January equipment;
18, 2005; and employee’s name and a distinct
(B) Damage to propeller locks or other identification number.
(ii) Each flight school employee hired parts of an aircraft that is inconsistent
after January 18, 2005 receives initial (2) Indicate the date on which the
with the pilot training or aircraft flight flight school employee received the
security awareness training within 60 log; and
days of being hired. security awareness training.
(C) Dangerous or hazardous cargo
(2) In complying with paragraph (b)(2) loaded into an aircraft. (3) Contain the name of the instructor
of this section, a flight school may use (v) Appropriate responses for the who conducted the training, if any.
either: employee to specific situations, (4) Contain a statement certifying that
(i) The initial flight school security including: the flight school employee received the
awareness training program offered by (A) Taking no action, if a situation security awareness training.
TSA; or does not warrant action; (5) Indicate the type of training
(ii) An alternative initial flight school (B) Questioning an individual, if his received, initial or recurrent.
security awareness training program or her behavior may be considered (6) Contain a statement certifying that
that meets the criteria of paragraph (c) suspicious; the alternative training program used by
of this section. (C) Informing a supervisor, if a the flight school meets the criteria in 49
situation or an individual’s behavior CFR 1552.23(c), if the flight school uses
(c) Alternative initial security
warrants further investigation; an alternative training program to
awareness training program. At a (D) Calling the TSA General Aviation
minimum, an alternative initial security comply with this subpart.
Hotline; or (7) Be signed by the flight school
awareness training program must— (E) Calling local law enforcement, if a
(1) Require active participation by the employee and an authorized official of
situation or an individual’s behavior
flight school employee receiving the the flight school.
could pose an immediate threat.
training. (vi) Any other information relevant to (b) Recordkeeping requirements. A
(2) Provide situational scenarios security measures or procedures at the flight school must establish and
requiring the flight school employee flight school, including applicable maintain the following records for one
receiving the training to assess specific information in the TSA Information year after an individual no longer is a
situations and determine appropriate Publication ‘‘Security Guidelines for flight school employee:
courses of action. General Aviation Airports’’. (1) A copy of the document required
(3) Contain information that enables a (d) Recurrent security awareness by paragraph (a) of this section for the
flight school employee to identify— training program. (1) A flight school initial and each recurrent security
(i) Uniforms and other identification, must ensure that each flight school awareness training conducted for each
if any are required at the flight school, employee receives recurrent security flight school employee in accordance
for flight school employees or other awareness training each year in the with this subpart; and
persons authorized to be on the flight same month as the month the flight (2) The alternative flight school
school grounds. school employee received initial security awareness training program
(ii) Behavior by clients and customers security awareness training in used by the flight school, if the flight
that may be considered suspicious, accordance with this subpart. school uses such a program.
including, but not limited to: (2) At a minimum, a recurrent (c) Inspection. A flight school must
security awareness training program permit TSA and the Federal Aviation
(A) Excessive or unusual interest in
must contain information regarding— Administration to inspect the records
restricted airspace or restricted ground (i) Any new security measures or
structures; required under paragraph (b) of this
procedures implemented by the flight section during reasonable business
(B) Unusual questions or interest school; hours.
regarding aircraft capabilities; (ii) Any security incidents at the flight
(C) Aeronautical knowledge Issued in Arlington, Virginia, on
school, and any lessons learned as a
inconsistent with the client or September 16, 2004.
result of such incidents;
customer’s existing airman (iii) Any new threats posed by or David M. Stone,
credentialing; and incidents involving general aviation Assistant Secretary.
(D) Sudden termination of the client aircraft contained on the TSA Web site; [FR Doc. 04–21220 Filed 9–16–04; 4:21 pm]
or customer’s instruction. and BILLING CODE 4910–62–P

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Monday,

September 20, 2004

49 CFR Part 1552

IFR—Interim Final Rule 2001. 4 The Administrator is now known as the

flight schools. to TSA electronically. penalties under 49 CFR 1540.103.

Category description Start-up Recurring

Category description Start-up Recurring

Total ........................................................................................................................................................... 1,500,000 375,000

Contract and Other Employees:

Total ........................................................................................................................................................... 470,800 4,022,400

Total ........................................................................................................................................................... 0 30,000

Total ........................................................................................................................................................... 1,000,000 0

Total ........................................................................................................................................................... 70,000 4,660,000

Total Costs ................................................................................................................................................ 3,040,800 9,087,400

TOTAL COSTS OF COMPLIANCE

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