Summary of Interim Final Rule

Transcription

1 Transportation Security Administration Interim Final Rule - Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees. On September 20, 2004 the Transportation Security Administration (TSA) released a request for comments on an interim final rule regarding flight training for aliens and other designated individuals, and security awareness training for flight school employees. 69 Federal Registers The TSA is now requiring flight schools to notify the TSA when aliens and other designated individuals apply for flight training. The TSA is establishing standards to determine the threat to aviation or national security of such individuals, and if they will be prohibited from receiving flight training. Additionally, a fee is being established by the TSA to partially cover the expenses of conducting the security threat assessments. Finally, the TSA is creating standards for the training of flight school employees in the area of security awareness. The security threat assessment requirements do not apply to U.S. citizens, or nationals or individuals who have been endorsed by the Department of Defense, unless they have been designated by the TSA. The rule was effective as of September 20, Comments on the interim final rule must be submitted by October 20, Comments may be submitted on the Internet at the Department of Transportation Docket Management Website at or the Federal erulemaking portal at Comments may also be submitted by mail to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh, SW., Washington, DC , or by fax to Background On November 19, 2001, the United States Congress passed the Aviation and Transportation Security Act (ATSA). Section 113 of the ATSA prohibited certain flight training providers from giving training to aliens and other designated individuals in aircraft with a maximum certificated takeoff weight of 12,500 pounds or more, unless the training center notified the Attorney General of the identity of the candidate seeking training. The Attorney General would then notify the flight school within 45 days of the potential threat that the alien student would pose to aviation or national security, if any. If the flight school had not heard from the Attorney General s office within the 45-day period, they could proceed with the flight training under that condition that they would terminate such training if the Attorney General later notified them of a potential threat. This training could include in-flight training or that conducted in a simulator. On December 12, 2003 the U.S. Congress enacted Vision 100 Century of Aviation Reauthorization Act. Section 612 of Vision 100 transfers the threat assessment requirements for alien flight students from the Attorney General to the Secretary of Homeland Security and required the Secretary to issue an Interim Final Rule for aviation training threat assessments.

2 Summary of Interim Final Rule Under the Interim Final Rule (IFR) flight schools are prohibited from providing flight training to aliens and other individuals designated by the TSA (candidates) unless the flight school or candidate submits certain information to TSA, the candidate pays the specified fee to the TSA, and the TSA finds the candidate is not a threat to aviation or national security. The IFR establishes four categories of flight candidates that require security threat assessments: Category 1 Those candidates who are not eligible for expedited processing for flight training in aircraft weighing greater than 12,500 pounds (those who do not fall into Category 2). Requires flight schools to wait 30 days after TSA receives identity and training information, including fingerprints, and a fee of $130 per application to initiate flight training. Identity information to be submitted includes: The candidates full name A unique student identification number as a means of identifying the candidates records A copy of the candidate s current passport and visa The candidate s passport and visa information The candidates country of birth and all countries citizenship Actual date of birth or approximation used for the candidates visa or passport Date and location of training The type of training being sought, including aircraft type ratings being sought The candidates current U.S. pilot certificate, certificate number and type ratings held The candidates fingerprints, The candidate current address and telephone number, and each address held within the previous 5 years The candidate s gender. If the candidate has not commenced flight training within 180 days from being approved by the TSA, they must re-apply and an additional security threat assessment must be performed. The candidate will be required to re-submit all identity information except their fingerprints, have to pay an additional $130 fee, and wait for TSA approval to begin training Category 2 Those candidates who are eligible for expedited processing for flight training in the operation of aircraft weighing greater than 12,500 pounds. These candidates must meet any one of the following criteria: Already hold an airman s certificate from a foreign country that is recognized by the FAA or a U.S. military agency, and that permits a candidate to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds.

3 Be employed by a foreign air carrier that operates under 14 CFR part 129 and that has a security program approved under 49 CFR part Have unescorted access authority to a secured area of an airport under 49 U.S.C 44936(a)(1)(ii), or 49 CFR Is a flight crew member who has successfully completed a criminal history records check in accordance with 49 CFR Be a part of a class of individuals to which TSA has determined that providing flight training poses a minimal threat to aviation or national security would also qualify a candidate for flight training. If the TSA does designate such an individual, it will do so through a rulemaking process. Candidates in Category 2 must submit the same identity and training information as those in Category 1, as well as information that indicates they are eligible for the expedited process. The expedited process allows for a student to begin training 5 days after the TSA has received all the requisite fees, identification, and flight training information. Specific information that may be used to establish such eligibility will be listed on the TSA Web site, If the candidate has not commenced flight training within 180 days from being approved by the TSA, they must re-apply and an additional security threat assessment must be performed. The candidate will be required to resubmit all identity information except their fingerprints, have to pay an additional $130 fee, and wait for TSA approval to begin training Category 3 Those candidates applying for flight training in the operation of aircraft weighing 12,500 pounds or less. The candidate must still provide identity and training information, including fingerprints and the $130 fee. The flight school is not required to receive authorization from the TSA to begin flight training for candidates in this category, but must discontinue training immediately if the TSA later notifies the school that the student is a threat. If the candidate has not commenced flight training within 180 days from being approved by the TSA, they must re-apply and an additional security threat assessment must be performed. The candidate will be required to re-submit all identity information except their fingerprints, have to pay an additional $130 fee, and wait for TSA approval to begin training. Category 4 Those candidates applying for recurrent training. The IFR exempts candidates who apply for recurrent training from the security threat assessment requirements. In order for the TSA to determine if such candidates are eligible for recurrent training, the flight school must notify TSA and submit copies of: The candidates full name, any unique student identification number issued by the Department of Justice or TSA that would aid in establishment of the recurrent training exemption, a copy of a current passport and visa, the candidates current U.S. pilot certificate with certificate number and type rating(s), the type of training for which the candidate is applying, the date of the pilots prior recurrent training, and the dates and location of the candidates requested training. Once the TSA has received all such information, they will notify the flight school that flight training may commence. As noted, candidates in Categories 1-3 will be required to will be required to pay a fee of $130 dollars to the TSA to conduct the security threat assessment. The fee must

4 be received by the TSA before the security threat assessment can begin. A list of acceptable methods of payments and necessary forms will be available on the Internet at The fee will be required form the candidate each time they are required to undergo the security threat assessment as required by the IFR. Finally, the TSA is creating standards for the training of flight school employees in the area of security awareness. The IFR requires flight schools train their employees both initially and recurrently in security awareness. The TSA s initial security awareness training program is available on the TSA General Aviation Web site at A flight school may elect to use an alternate security awareness training program as long as such a program meets the following criteria: The program follows an interactive format involving all participants. The program provides situational scenarios that require the employee to access specific situations and assess the security threats involved. Trains employees on the uniforms and identification credentials of authorized individuals in the flight environment. Trains employees to identify suspicious behavior or conditions around aircraft. Provides an employee with appropriate responses to suspicious conditions. Provides any other relevant training specific to the environment in which the employee will be working. The initial training for those employees already working at flight schools at the time of the release of the IFR, must take place within 90 days of the implementation of the rule. The recurrent training must take place at least once a year, and must take place during the same month in which the employee received their initial security awareness training. Recurrent training must at least include informing the employee of any changes to uniforms or security credentials, changes to entry procedures, discussion of any security incidents at the flight school, and any new TSA guidelines or recommendations concerning the general aviation flight environment. Records of this training are required to be kept by the flight school for up to one year after an employee has left the school. Authorized TSA of FAA officials must be able to inspect the records upon request. All these steps are an effort to comply with a recent statutory requirement to ensure individuals who intend to use aircraft to perform terrorist attacks in the U.S., do not obtain flight training that would enable them to do so. The new standards would also improve security at flight schools. *Contacts for information on the different aspects of the rule are as follows: Flight Training of Aliens Timothy Uphan of the TSA s Credentialing Program Office, at , or timothy.upham@dhs.gov. Fees Randall Fiertz of the TSA s Office of Revenue, at , or TSA- Fees@dhs.gov.

5 Security Awareness Training Michael Derrick, Office of Aviation Initiatives for the TSA, , or Legal Questions Dion Casey, Office of Chief Counsel, TSA Headquarters, at , or