[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16880-16882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8349]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2004-19147]
RIN 1652-ZA16


Alien Flight Student Program Recurrent Training Fees

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice.

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SUMMARY: The Transportation Security Administration (TSA) announces the 
imposition of fees for processing alien flight students who take 
recurrent training. These fees will cover the cost of the security 
threat assessments of these alien flight students. Recent statutory 
amendments authorize TSA to establish these fees by notice.

DATES: This notice is effective 30 days from the date of publication in 
the Federal Register.

ADDRESSES: You may view published documents and comments concerning the 
Alien Flight Student Program, identified by the docket number of this 
notice, using any one of the following methods:
    (1) Searching the Federal Docket Management System (FDMS) Web page 
at http://www.regulations.gov;
    (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
    (3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top 
of the page.

FOR FURTHER INFORMATION CONTACT: Johannes M. Knudsen, Alien Flight 
Student Program, Transportation Threat Assessment and Credentialing 
(TTAC), TSA-19, Transportation Security Administration, 601 South 12th 
Street, Arlington, VA 20598-6019. Telephone: (571) 227-2188; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority

    The Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009

[[Page 16881]]

(Appropriations Act of 2009),\1\ which amends 6 U.S.C. 469, requires 
the Secretary of the Department of Homeland Security to (1) establish a 
process to determine that an alien who takes recurrent flight training 
is properly identified and does not pose a threat to aviation or 
national security; and (2) impose reasonable fees to recoup the cost of 
checking recurrent training candidates.
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    \1\ Public Law No. 110-329, 543, 122 Stat. 3574, 3689 (September 
30, 2008).
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    TSA refers to recurrent training as Category 4 training. TSA 
defines recurrent training as periodic training required for certified 
pilots under 14 CFR parts 61, 121, 125, 135, or subpart K of part 91. 
Recurrent training does not include training that would enable a 
candidate who has a certificate or type rating for a particular 
aircraft to receive a certificate or type rating for another aircraft. 
See 49 CFR 1552.1. Further, TSA has clarified that recurrent training 
includes training required by a foreign national authority that is 
recognized by the Federal Aviation Administration (FAA). See TSA 
Interpretation at Docket No. TSA-2004-19147-227. Finally, TSA has 
clarified that recurrent training does not include flight review, 
proficiency check, or any other check whose purpose is to review rules, 
maneuvers, or procedures, or to demonstrate a pilot's existing skills 
on aircraft with a maximum certificated take-off weight of 12,500 
pounds or less, such as flight review required under 14 CFR 61.56 or 
flight experience requirements in 14 CFR 61.57. See TSA Interpretation 
at Docket No. TSA-2004-19147-0226.
    The Appropriations Act of 2009 provides:

    [T]he Secretary shall establish a process to ensure that an 
alien (as defined in section 101(a)(3) of the Immigration and 
Nationality Act) applying for recurrent training in the operation of 
any aircraft is properly identified and has not, since the time of 
any prior threat assessment conducted pursuant to section 44939(a) 
of such title, become a risk to aviation or national security.
    The Secretary may charge reasonable fees under subsection (a) 
for providing credentialing and background investigations for aliens 
in connection with the process for recurrent training. * * * Such 
fees shall be promulgated by notice in the Federal Register.

Public Law No. 110-329, 543(2)(b)(1), (3) (6 U.S.C. 469(b)(1), (3)).

II. Recurrent Training Under the Alien Flight Student Program

A. Overview of Alien Flight Student Program

    TSA administers the Alien Flight Student Program (AFSP) and 
conducts security threat assessments of alien flight candidates to 
determine that they do not pose a threat to aviation or national 
security. TSA has codified the standards that govern this program at 49 
CFR part 1552 \2\ and establish which alien flight candidates must 
undergo a security threat assessment, the information they must provide 
to TSA for the security threat assessment, and the fees the candidates 
must pay to cover the cost of the security threat assessment.
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    \2\ TSA published part 1552 pursuant to section 113 of the 
Aviation and Transportation Security Act (ATSA) and section 612 of 
Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 
44939).
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    Aliens seeking flight instruction fall into one of four categories 
of flight instruction, and aliens who take recurrent training fall 
under Category 4.\3\ Part 1552, and the statutes authorizing the rule, 
require fees for candidates seeking flight training under Categories 1-
3, and the Appropriations Act of 2009 authorizes TSA to establish fees 
for candidates seeking Category 4 recurrent training. In accordance 
with the Appropriations Act of 2009, TSA, through this notice, 
addresses recurrent flight training (Category 4) procedures and 
associated fees.
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    \3\ The other three categories are: (1) Category 1-- flight 
training candidates seeking training in the operation of aircraft 
weighing greater than 12,500 pounds; (2) Category 2--flight training 
candidates seeking training in the operation of aircraft weighing 
greater than 12,500 pounds, but who qualify for expedited processing 
because of certain qualifications; and (3) Category 3--flight 
training candidates seeking training in the operation of aircraft 
weighing 12,500 pounds or less and the training is an initial, 
multi-engine, or instrument-rating training. This notice does not 
affect Categories 1-3 procedures.
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B. Security Threat Assessment Process

    To conduct a security threat assessment on alien flight candidates, 
TSA needs certain biographic information to check the individual 
against terrorism-related databases and other governmental information 
sources, and verify identity. Section 1552.3(d) currently requires the 
following information from candidates for recurrent training requests: 
(1) Full name (and any other names used previously); (2) any unique 
student identification number issued previously to the candidate by the 
Department of Justice or TSA (such as for other flight training); (3) a 
copy of the candidate's current, unexpired passport and visa, if any; 
(4) the candidate's current airman certificate, issuing country, 
certificate number, and type rating(s); (5) the type of training for 
which the candidate is applying; (6) the date of the candidate's prior 
recurrent training (if any), and a copy of the training form 
documenting that recurrent training; (7) the dates and location of the 
candidate's requested training; and (8) a photograph of the candidate 
taken when the candidate arrives at the flight school for recurrent 
training.
    In addition to the information listed above, TSA will now request 
information gleaned from the candidate's passport, a copy of which is 
required under 49 CFR 1552.3(d)(2)(iii), including the candidate's date 
of birth, gender, birth country, nationality, height, weight, eye 
color, hair color, country of citizenship, type of citizenship 
(current, dual, or historical), whether citizenship is acquired through 
birth or naturalization, dates of citizenship, and passport information 
(issue and expiration date, status, city of issuance). Additionally, 
TSA will require contact information to facilitate communication 
between TSA and the candidate, such as address, dates at the address, 
phone number(s), and e-mail address; and employment information, such 
as occupation, employer's name, phone number, and e-mail address. A 
candidate may also voluntarily indicate whether his or her passport was 
issued outside the United States and whether it has been renewed. Note 
that TSA currently requires candidates who are seeking flight training 
under Categories 1-3 to submit this data. TSA has found that this 
contact information greatly reduces that amount of time it takes to 
complete a security threat assessment, which benefits the candidates 
and TSA. We require this information from individuals who work in the 
maritime industry, drivers who are applying for a hazardous materials 
endorsement, and air cargo employees. See 49 CFR parts 1548, 1572.
    On January 5, 2005, TSA issued an exemption that reduced the amount 
of information that must be submitted for candidates seeking recurrent 
training to the following: (1) Full name and any others used 
previously; (2) date of birth; (3) passport number and issuing country; 
(4) airman certificate number, the type of airman's certificate, type 
ratings on the certificate, and issuing country of the certificate; and 
(5) the type and dates of training the candidate requests. See Docket 
No. TSA-2004-19147-0337. At that time, TSA noted that the exemption 
would remain in effect until superseded. TSA now rescinds this 
exemption because the

[[Page 16882]]

information required under the rule (49 CFR 1552.3(d)) and this notice 
is necessary to conduct threat assessments on Category 4 candidates.
    Flight schools must submit all of the information required in 
section 1552.3(d) and this notice to TSA through the AFSP system. TSA 
will describe this process in greater detail on the AFSP Web site, 
including how candidates obtain a User ID.

III. Fees

A. Standards and Guidelines Used by TSA in Developing These Fees

    The total fee will be $70 for each Category 4 recurrent training 
request. TSA calculated the fee from a detailed analysis of historical 
data on the actual number of Category 4 recurrent training candidates 
(population), the actual cost of processing the Category 4 submissions, 
the actual cost of performing the candidate assessments, and the actual 
cost of maintaining the information systems to support the process over 
the past four years.

B. Costs

    Candidates for recurrent training must pay a fee, through their 
respective flight training provider, to cover the following costs:

                                      Table 1--AFSP Category 4 Actual Costs
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        Operational year              FY2005          FY2006          FY2007          FY2008           Total
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Cost Components:
    Threat Analysis.............         $20,770         $22,150         $23,917         $23,524         $90,361
    Enrollments.................       1,063,100         746,969       1,014,875         818,778       3,643,722
    Program Management..........         243,940         402,850         525,634         353,148       1,525,572
    Hardware/Software...........         264,806         110,392         119,408          95,301         589,907
    Program Administration......          48,579          42,194          40,969          38,138         169,880
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        Grand Totals............       1,641,195       1,324,555       1,724,803       1,328,889       6,019,442
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    For the TSA security threat assessment, each Category 4 candidate's 
information will be checked against multiple databases and other 
information sources so that TSA can determine whether the candidate 
poses a security threat that warrants denial of approval of the 
training request. TSA must establish and maintain the appropriate 
systems, resources, and personnel to ensure that the candidate's 
information is appropriately linked, and that TSA will be able to 
receive and act on the results of the security threat assessment. TSA 
must have the necessary resources--including labor, equipment, database 
access, and overhead--to adjudicate the results of the security threat 
assessment and complete the security threat assessment process.
    An analysis of historical costs necessary to conduct candidate 
assessments for this category of applicants indicates that $6,019,442 
has been expended by TSA in fiscal years 2005-2008. The historical 
costs include $90,361 for threat analysis, $3,643,722 for enrollment, 
$1,525,572 for program management, $589,907 for hardware and software, 
and $169,880 for program administration costs necessary to facilitate 
the processing.

C. Population

    An analysis of historical data on Category 4 candidates in fiscal 
years 2005-2008 indicates that 85,638 training requests have been 
processed under this category. The analysis indicates the following 
training requests for each fiscal year.

                                   Table 2: AFSP Category 4 Actual Population
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        Operational year              FY2005          FY2006          FY2007          FY2008           Total
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Annual Candidates for Category 4          16,417          17,248          29,373          22,600          85,638
 recurrent training.............
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    Grand Total.................          16,417          17,248          29,373          22,600          85,638
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D. Total Fee

    The fee TSA charges will recover all costs related to the security 
threat assessment process. TSA has determined that the fee required to 
fully recover the candidate assessment costs will be $70 per candidate. 
The $70 fee was determined by dividing the actual number of historical 
training requests (85,638) into the actual historical cost ($6,019,442) 
of services for this category.
    TSA will continue work to minimize program costs. Additionally, in 
accordance with statutory financial management requirements, TSA is 
required to review fees no less than every two years. See 31 U.S.C. 
902(a)(8). Upon review, if it is found that the fees are either too 
high (total fees exceed the total cost to provide the services) or too 
low (total fees do not cover the total costs to provide the services), 
TSA will adjust the fee. If TSA adjusts the fees for this reason, TSA 
will publish a notice in the Federal Register apprising the public of 
the change.

    Issued in Arlington, Virginia, on April 8, 2009.
Gale Rossides,
Deputy Administrator, Transportation Security Administration.
[FR Doc. E9-8349 Filed 4-10-09; 8:45 am]
BILLING CODE 9110-05-P