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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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: [email protected]. 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.). [email protected]. 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 [email protected]. 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. [email protected]. 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.

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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 filed late to the extent practicable. We further training applications. Section training to aliens or other individuals may change this rulemaking in light of 612 prohibits a flight school from designated by the Secretary of the comments we receive. providing flight training to candidates, 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

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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 an entity under contract with the DOD program. In the event that information 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 aircraft with a maximum certificated should not be trained. An additional 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 other individual designated by the 12,500 pounds or more, unless the 4 compliance dates, one for flight training aviation training provider notified the Administrator of TSA (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.

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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 school must wait 30 days after TSA Third, Section 612 specifies various defined ‘‘covered training’’ as ‘‘in-flight receives all the required information, categories of identifying information the training, training in a simulator, and any including the specified fee and the Secretary can require providers to other form or aspect of training.’’ (49 candidate’s fingerprints. For Category 2 submit for candidates for training in the U.S.C. 44939(c)). Under Section 612, candidates (expedited processing), a operation of aircraft with an MTOW of ‘‘training’’ means ‘‘training received flight school must wait 5 days after TSA greater than 12,500 pounds. Section 113 from an instructor in an aircraft or receives all the required information. of ATSA required a candidate’s 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.

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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. ‘‘Flight training’’ is defined as required to pay the same $130 fee per 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 Finally, the IFR requires flight schools specified in Section 612 of Vision 100, less than 11 days, weekends and legal to provide security awareness training the term does not include recurrent holidays are excluded from the for certain flight school employees and training, ground training, or computation. The legal holidays establishes standards and criteria such demonstration flights for marketing specified in Rule 6 include New Year’s security awareness training programs purposes. Section 612 of Vision 100 also Day, Birthday of Martin Luther King Jr., must meet. provides that the requirements of the 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

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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 applied for training at that school. To submitted for the online application, 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.

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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 3. Requirements for Different Categories personnel at a U.S. embassy or certificate, certificate number, and type of Candidates consulate that possesses appropriate 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 and (12) the candidate’s gender. expedited processing under the IFR airports that possess appropriate Candidates also are required to submit (Category 1 candidates) must complete fingerprint collection equipment and the fee specified under this part. The fee an electronic form, similar to the DOJ’s personnel certified to capture requirements are discussed in further Flight Training Candidate Checks 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 identity of the candidate, or is necessary Candidates will be able to obtain the electronically, and submit it for TSA to determine what type of fingerprinting package from the flight electronically to TSA. TSA will not training a candidate is applying to school where they are applying for flight accept any paper submissions of this receive. TSA believes that the training or directly from AAAE. 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 accurately, and thus will result in fingerprints and forward them to AAAE. information to the flight school and ask shorter waiting times and fewer false AAAE will convert them to electronic for verification that the candidate has positives. For example, a candidate’s form and then forward the electronic applied for training at that flight school. country of birth is not specified under fingerprints to TSA for use in the The flight school must verify that the Section 612 but is required under the security threat assessment. candidate has applied for training at IFR. In consulting with the DOJ on the After the first six months, TSA is that flight school via the Web site https:/ assessment it performs, TSA learned planning for implementation of a new /www.flightschoolcandidates.gov. that knowledge of a candidate’s country fingerprint capture process. TSA is Category 1 candidates must submit of birth greatly aided the DOJ in working with the U.S. Citizenship and the following information: (1) The narrowing its searches of the necessary Immigration Services (CIS) to allow candidate’s full name, including any databases. Because the waiting times candidates to have their fingerprints aliases used, or variations in the under Section 612 are significantly captured at CIS Application Support spelling of his or her name; (2) a unique shorter, TSA believes that information Centers (ASC). At least one ASC is student identification number as a that will significantly aid the agency in located in each State, as well as the means of identifying records concerning performing the threat assessment District of Columbia, Guam, Puerto the candidate;11 (3) a legible copy of the quickly and accurately is necessary. Rico, and the U.S. Virgin Islands. TSA candidate’s current, unexpired passport 12 Moreover, TSA believes that the is also working with the Department of and visa; (4) the candidate’s passport usefulness of this information (i.e., State to allow candidates to have their faster and more accurate threat fingerprints captured overseas at U.S. 10 TSA notes that the waiting period does not 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 any ASCs, embassies, or consulates that TSA, the Web site generates a unique identification 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.

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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 that class of individuals.15 candidate’s flight training. As discussed 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 expedited processing (Category 2 time he or she is required to submit poses a threat to aviation or national candidates). Category 2 candidates are information for a TSA security threat security within 30 days. However, if required to submit the same information assessment. TSA notifies the flight school that a required of Category 1 candidates, candidate poses a threat to aviation or c. Category 3—Flight Training on including their fingerprints. They also national security at any time, the flight Aircraft 12,500 Pounds or Less are required to submit information that school must immediately terminate or The IFR prohibits a flight school from establishes that they are eligible for cancel the candidate’s flight training. providing flight training in the 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 school does not initiate the candidate’s submits to TSA certain identifying and require Category 2 candidates to submit flight training within 180 days, the training information. The information their fingerprints to ensure a thorough flight school or the candidate must submitted by the candidate must be in security threat assessment. The threat resubmit to TSA the information a form and manner acceptable to TSA. assessment consists, in part, of checks of required in the TSA form, including the TSA intends to use the same form and databases that may be searched only required fee, but not the candidate’s process for submitting the required through fingerprint information. fingerprints. The flight school then must information to TSA that the agency will Under the IFR, a flight school is wait until TSA informs the flight school use for flight training for aircraft with an prohibited from providing flight training that a candidate is not a threat to MTOW greater than 12,500 pounds. to a candidate until TSA has informed aviation or national security or until the Thus, the candidate must complete the the flight school that the candidate does appropriate waiting period expires (for same TSA form on the TSA Web site not pose a threat to aviation or national Category 1 candidates, 30 days after and submit the form electronically to security, or the appropriate waiting TSA receives all the required TSA. The candidate is required to period has expired. For Category 2 information, including the candidate’s submit the same information as a candidates, the waiting period is 5 days. fingerprints and the required fee) before candidate for flight training for aircraft The waiting period does not begin until initiating the candidate’s flight training. with an MTOW greater than 12,500 TSA has received all the information As discussed in the section on fees, a pounds, including the candidate’s required under the IFR, including the candidate is required to submit the fingerprints. candidate’s fingerprints and the required fee each time he or she is TSA is requiring candidates for this required fee. required to apply for a TSA security type of flight training to submit the Under the IFR, a flight school may threat assessment. same information, including 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 class of individuals. However, if TSA does be familiar enough with aircraft 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.

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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 candidates.17 Thus, the IFR does not their unique student identification candidate has requested such recurrent require flight schools to wait for TSA number to make it easier to track training and submit to TSA the approval before initiating such training candidates who apply for training at following information: (1) The for Category 3 candidates. different flight schools. However, the IFR does require a flight candidate’s full name, including any The requirements for Category 4 aliases used by the candidate or school to terminate or cancel a Category candidates are applicable both to variation in the spelling of the 3 candidate’s flight training candidates who apply for recurrent candidate’s name; (2) any unique immediately if TSA notifies the flight training for aircraft with an MTOW student identification number issued by school that the candidate poses a threat greater than 12,500 pounds and to the DOJ or TSA that would help to aviation or national security at any candidates who apply for recurrent establish a candidate’s eligibility for the time. Although Section 612 does not training for aircraft with an MTOW of recurrent training exemption; (3) a copy specifically mandate this, TSA believes 12,500 pounds or less. of the candidate’s current, unexpired such a requirement is necessary to carry passport and visa; (4) the candidate’s 4. U.S. Citizens and Nationals and out the intent of the statute—preventing current U.S. pilot certificate, certificate Department of Defense Endorsees 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 designated by TSA. To ensure that Under the IFR, a Category 1, 2, or 3 changed or is new since the last time the candidate 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 evade the security threat assessment completes the flight training may take as it is completed. 19 requirements, the IFR requires flight additional flight training without A candidate will be required to submit the fee 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-

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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. A flight school is not required training, the individual must present to compliance dates identified in this rule, to maintain a current photograph of U.S. the flight school a written statement 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 attachee´ in the individual’s country of both to individuals who apply for flight date will be considered to be in residence, together with a government- training for aircraft with an MTOW compliance with the requirements of issued picture identification of the greater than 12,500 pounds and to this part. individual. individuals who apply for flight training These identification requirements are B. Fees 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 21 security threat assessment process. Training Candidate Checks Program assessment. 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 21 As discussed above, a Category 1, 2, or 3 DOJ rule. The requirements include the candidate who receives TSA approval for flight for aircraft with an MTOW of 12,500 information submission requirements, pounds or less. training (or who did not have his or her flight 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 TSA believes this provision is necessary resubmitting his or her fingerprints if he or she The IFR requires a flight school to submits all the other required information, to ensure the smooth transition of the maintain the following information for a including the fee. The candidate will be required 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 confusion over to which requirements a application for flight training because TSA will be 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.

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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 2. Program Costs time he or she is required to undergo a the DOJ did not track the actual number 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

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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. Management and Budget Circular A–25, total startup phase costs will be C. Flight School Security Awareness DHS/TSA will review this fee at least approximately $3.0 million and 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 Section 612 authorizes TSA to adjust ‘‘Flight school employee’’ is defined 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 4. Fingerprinting Costs certificated under 14 CFR part 141; a TSA incurs to perform the security 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

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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 training program will be available Living and Working in the Information Society: such training, TSA may consider the People First (1996). 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.

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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. display?theme=180. A flight school TSA notes that a flight school may 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. Title: Flight Training for Aliens and discussed above. employee when the employee receives 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. Summary: In response to recent The IFR requires a flight school to This requirement will enable TSA statutory requirements, TSA is requiring ensure that each flight school employee inspectors to verify that each flight certain flight schools to notify TSA receives recurrent security awareness school employee has received the when aliens or other individuals training each year in the same month as required security awareness training designated by TSA apply for flight the month in which the flight school each year. training. TSA also is establishing employee received initial security The document issued to the employee 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 if an instructor conducted the training; Use of: Flight schools will be required security awareness training program or a statement certifying that the flight to provide TSA with identifying use a program designed by a third party. school employee received the security information and fingerprints on aliens At a minimum, a recurrent training awareness training; the type of training and other designated individuals when program must contain information received, whether initial or recurrent; such persons apply for flight training regarding any new security measures or and if the flight school uses an and then keep this information on file procedures implemented by the flight alternative initial training program, a for the required amount of time. TSA school, such as the installation of statement certifying that the program will use this information to perform fencing, new uniforms or identification meets the criteria in 49 CFR 1552.23 (c). background checks in order to assess if for employees, or the implementation of Finally, the flight school employee and the flight training applicant poses a new entry procedures. A recurrent an authorized official of the flight security risk. In addition, flight schools training program also must contain school must sign the document. will be required to provide TSA with a 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

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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 The IFR does not impose any new Records must be retained from the time number. The OMB control number for costs for requirements that already exist they are created, and it is estimated that this information collection is 1652– under the DOJ rule. Because candidates each of the 3,000 flight schools will 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 or greater were subject to the DOJ rule, hours. Thus, the combined hour burden 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. subject to OMB review and to the average cost of collecting, transmitting, TSA does not expect a significant requirements of the Executive Order. and processing fingerprints of $75, for a impact on the overall demand for U.S. This rulemaking is not an economically total annual burden of $14.35 million. flight school training as a result of the significant regulatory action as defined The yearly record keeping costs for each IFR. The IFR only impacts alien by Executive Order 12866. The of the estimated 3,000 flight schools for candidates for U.S. flight training, and rulemaking does not meet the threshold retaining records on both pilot the population of alien candidates is of the $100 million effect on the applicants and employee security small relative to the total number of U.S. economy annually. However, the action training is estimated to be $1,500, for a flight students. Costs will increase for may be considered significant because total annual burden of $4.5 million. alien flight school candidates. However, there is significant public interest in Thus the combined cost burden TSA assumes that the impact on security since the events of September associated with this collection is demand will not be significant because 11, 2001. estimated to be $18.85 million annually. U.S. flight training is considered to be This rulemaking does not constitute a The agency is soliciting comments the global standard, and it is barrier to international trade, and does to— comparatively less expensive to obtain a not impose an unfunded mandate on (1) Evaluate whether the information pilot’s certificate in the U.S. than in state, local, or tribal governments, or the requirement is necessary for theproper most foreign countries. This assumption private sector. These analyses, which performance of the functions of the is discussed further in the full are summarized below, are discussed in agency, including whether the 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.

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TOTAL COSTS OF COMPLIANCE [In thousands of dollars]

Collec- tion & Security trans- Finger- Oppor- Photo Data re- aware- Govern- Total an- 7% Dis- Present Year mission printing tunity trans- tention ness ment nual costs count fac- value of infor- costs mission training tor 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. Legitimate domestic objectives, such as level of security protection have been 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

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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.’’ § 1552.1 Scope and definitions. Swains Island. Recurrent training means periodic We have analyzed this rule under the (a) Scope. This subpart applies to principles and criteria of Executive training required under 14 CFR part 61, flight schools that provide instruction 121,125, 135, or Subpart K of part 91. Order 13132. We have determined that under 49 U.S.C. Subtitle VII, Part A, in this action will not have a substantial Recurrent training does not include the operation of aircraft or aircraft training that would enable a candidate direct effect on the States, on the simulators, and individuals who apply relationship between the national who has a certificate or type rating for to obtain such instruction or who a particular aircraft to receive a Government and the States, or on the receive such instruction. distribution of power and certificate or type rating for another (b) Definitions. As used in this part: aircraft. responsibilities among the various 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 Environmental Analysis a flight school must follow before 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, List of Subjects in 49 CFR Part 1552 including any aliases used by the 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; I 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

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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. (iii) Has unescorted access authority taken when the candidate arrives at the (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 flight school must immediately taken when the candidate arrives at the 1542.209, or 49 CFR 1544.229; (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. (f) Fingerprints. (1) Fingerprints than 30 days have elapsed since TSA (v) Is part of a class of individuals that 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

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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 attache´ 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. (a) Imposition of fees. The following flight training to the individual. (ii) For a Category 1, Category 2, or (1) U.S. citizens and nationals. To fee is required for TSA to conduct a Category 3 candidate, a copy of the security threat assessment for a establish U.S. citizenship or nationality information required under paragraph an individual must present to the flight candidate for flight training subject to (a)(2) of this section, except the the requirements of § 1552.3: $130. school his or her: information in paragraph (a)(2)(x). (i) Valid, unexpired United States (b) Remittance of fees. (1) A candidate (iii) For a Category 4 candidate, a passport; must remit the fee required under this copy of the information required under (ii) Original or government-issued subpart to TSA, in a form and manner paragraph (d)(2) of this section. certified birth certificate of the United acceptable to TSA, each time the (iv) For an individual who is a United States, American Samoa, or Swains candidate or the flight school is required States citizen or national, a copy of the Island, together with a government- to submit the information required information required under paragraph issued picture identification of the under § 1552.3 to TSA. (h)(1) of this section. individual; (2) TSA will not issue any fee refunds, (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 (h)(2) of this section. Immigration Services (USCIS) or the § 1552.21 Scope and definitions. U.S. Immigration and Naturalization (vi) A record of all fees paid to TSA in accordance with this part. (a) Scope. This subpart applies to Service (INS) (Form N–550 or Form N– flight schools that provide instruction 570), together with a government-issued (2) Permit TSA and the Federal Aviation Administration to inspect the under 49 U.S.C. Subtitle VII, Part A, in picture identification of the individual; the operation of aircraft or aircraft (iv) Original certification of birth records required by paragraph (i)(1) of simulators, and to employees of such abroad with raised seal, U.S. this section during reasonable business 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 flight instructor certificated under 14 provided to a Federal employee comply with 28 CFR part 105 up to that CFR part 61. (including military personnel) pursuant date will be considered to be in 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

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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, and inspection. the criteria of paragraph (c) of this (B) Entering ‘‘authorized access only’’ 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, (i) Each flight school employee recurrent security awareness training in 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 security awareness training. days of being hired. (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 (c) Alternative initial security CFR 1552.23(c), if the flight school uses 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 employee and an authorized official of (1) Require active participation by the situation or an individual’s behavior the flight school. flight school employee receiving the 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 (A) Excessive or unusual interest in permit TSA and the Federal Aviation 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 school, and any lessons learned as a Issued in Arlington, Virginia, on September 16, 2004. inconsistent with the client or 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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