View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DHS/TSA RIN: 1652-AA35 Publication ID: Fall 2021 
Title: Flight Training Security 

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.

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:
Action Source Description Date
Final  Statutory  sec. 612(a) of Vision 100 requires the Transportation Security Administration (TSA) to issue an interim final rule within 60 days of enactment of Vision 100.  02/10/2004 

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.

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.



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.




Action Date FR Cite
Interim Final Rule; Request for Comments  09/20/2004  69 FR 56324   
Interim Final Rule Effective  09/20/2004    
Interim Final Rule; Comment Period End  10/20/2004    
Notice-Information Collection; 60-Day Renewal  11/26/2004  69 FR 68952   
Notice-Information Collection; 30-Day Renewal  03/30/2005  70 FR 16298   
Notice-Information Collection; 60-Day Renewal  06/06/2008  73 FR 32346   
Notice-Information Collection; 30-Day Renewal  08/13/2008  73 FR 47203   
Notice-Alien Flight Student Program Recurrent Training Fees  04/13/2009  74 FR 16880   
Notice-Information Collection; 60-Day Renewal   09/21/2011  76 FR 58531   
Notice-Information Collection; 30-Day Renewal   01/31/2012  77 FR 4822   
Notice-Information Collection; 60-Day Renewal   03/10/2015  80 FR 12647   
Notice-Information Collection; 30-Day Renewal  06/18/2015  80 FR 34927   
IFR; Comment Period Reopened  05/18/2018  83 FR 23238   
IFR; Comment Period Reopened End  06/18/2018 
Notice-Information Collection; 60-Day Renewal  07/06/2018  83 FR 31561   
Notice-Information Collection; 30-Day Renewal  10/31/2018  83 FR 54761   
Final Rule  09/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
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

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

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