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DHS/TSA | RIN: 1652-AA35 | Publication ID: Fall 2021 |
Title: Flight Training Security | |
Abstract:
An Interim Final Rule (IFR) published and effective on September 20, 2004, created a new part 1552, Flight Schools, in title 49 of the Code of Federal Regulations (CFR). This IFR applies to flight schools and to individuals who apply for or receive flight training. Flight schools are required to notify TSA when noncitizens, and other individuals designated by TSA, apply for flight training or recurrent training. TSA subsequently issued exemptions and interpretations in response to comments on the IFR, questions raised during operation of the program since 2004, and a notice extending the comment period on May 18, 2018. Based on the comments and questions received, TSA is finalizing the rule with modifications, and considering modifications that would change the frequency of security threat assessments from a high-frequency event-based interval to a time-based interval, clarify the definitions and other provisions of the rule, and enable industry to use TSA-provided electronic recordkeeping systems for all documents required to demonstrate compliance with the rule. |
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Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 49 CFR 1552 | |
Legal Authority: 6 U.S.C. 469(b) 49 U.S.C. 114 49 U.S.C. 44939 49 U.S.C. 46105 |
Legal Deadline:
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Overall Description of Deadline: Requires the TSA to establish a process to implement the requirements of section 612(a) of Vision 100-Century of Aviation Reauthorization Act (Pub. L. 108-176, 117 Stat. 2490, Dec. 12, 2003), including the fee provisions, not later than 60 days after the enactment of the Act. |
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Statement of Need: In the years since TSA published the IFR, members of the aviation industry, the public, and Federal oversight organizations have identified areas where the Flight Training Security Program (formerly the Alien Flight Student Program) could be improved. TSA’s internal procedures and processes for vetting applicants also have improved and advanced. Publishing a final rule that addresses external recommendations and aligns with modern TSA vetting practices would streamline the Flight Training Security Program application, vetting, and recordkeeping process for all parties involved.
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Anticipated Costs and Benefits: TSA is considering revising the requirements of the Flight Training Security Program to reduce costs and industry burden. One action TSA is considering is an electronic recordkeeping platform where all flight providers would upload certain information to a TSA-managed website. Also at industry’s request, TSA is considering changing the interval for a security threat assessment of each noncitizen flight student, eliminating the requirement for a security threat assessment for each separate training event. This change would result in an annual savings, although there may be additional start-up and record retention costs for the agency as a result of these revisions. The benefits of these actions would be immediate cost savings to flight schools and noncitizen students without compromising the security profile.
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1652-AA61 | |
Agency Contact: Johannes Knudsen Program Manager, Alien Flight Student Program Department of Homeland Security Transportation Security Administration Intelligence and Analysis, 6595 Springfield Center Drive, Springfield, VA 20598-6010 Phone:571 227-2188 Email: johannes.knudsen@tsa.dhs.gov Alex Moscoso Chief Economist, Economic Analysis Branch-Coordination & Analysis Division Department of Homeland Security Transportation Security Administration Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028 Phone:571 227-5839 Email: alex.moscoso@tsa.dhs.gov David Ross Attorney-Advisor, Regulations and Security Standards Department of Homeland Security Transportation Security Administration Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002 Phone:571 227-2465 Email: david.ross1@tsa.dhs.gov |