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As required by the Vision 100 Act, TSA issued an Interim Final Rule (IFR) (effective September 20,2004) that transferred responsibility for the vetting of flight school candidates from the Department of Justice to TSA, with certain modifications to the program required by the act. TSA reopened the comment period for 30 days on May 18, 2018. This IFR applies to training providers and to individuals who apply for or receive flight training. Flight schools are required to notify TSA when non-U.S. citizens, non-U.S. nationals, and other individuals designated by TSA, apply for flight training or recurrent flight training. TSA issued exemptions and interpretations in response to comments on the IFR and questions raised during operation of the program since 2004, and a notice published in 2018 extending the comment period on the IFR.  Many of the changes made to the program through this final rule are in direct responses to recommendations from the Aviation Security Advisory Committee, a statutorily created committee charged with providing input to TSA on regulatory requirements. Based on the comments and questions received, TSA is finalizing the rule 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. These and other changes will provide significant cost-savings to the industry and individuals seeking flight training while also enhancing security.

Overall Description of Deadline: Pub. L. 108-176, sec. 612(a) (Dec. 12, 2003) requires an interim final rule to implement the requirements of 49 U.S.C. 44939, as further amended by section 612(a), not later than 60 days after the date of enactment of the act. Pub. L. 108-90, sec. 520 (Oct. 1, 2003), codified at 6 U.S.C. 469(b), requires collection of fees authorized by Pub. L. 108-176). Pub. L. 110-329, sec. 543 (Sept. 30, 2008) further amends 6 U.S.C. 469 to include both initial and recurrent training.

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 advanced through technology and other enhancements. Publishing a final rule that addresses comments on the IFR and aligns with modern TSA vetting practices would streamline and reduce burden for 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 training providers would upload certain information to a TSA-managed website (https://fts.tsa.dhs.gov/).  Also at industry’s request, TSA is considering changing the interval for a Security Threat Assessment of each non-U.S. citizen and non-U.S. national flight student, by 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 this revision. The change in the interval of the Security Threat Assessment would result in immediate cost savings to flight providers and students who are neither U.S. citizens nor U.S. nationals without compromising the security process.