[Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)]
[Rules and Regulations]
[Pages 7160-7161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03028]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1500, 1552, and 1570
Restoration of Statutory Terms in TSA Regulations: Use of Alien;
Technical Amendments
AGENCY: Transportation Security Administration, DHS.
ACTION: Final rule; technical amendments.
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SUMMARY: This document makes nomenclature changes to sections of the
Code of Federal Regulations (CFR) administered by the Transportation
Security Administration (TSA). This action is necessary to conform TSA
regulations with statutory terminology used in the Immigration and
Nationality Act.
DATES: This rule is effective as of February 17, 2026.
FOR FURTHER INFORMATION CONTACT: Sabria Moseley, Enrollment Services
and Vetting Programs, TSA; telephone (800) 253-8571, option 7; email to
[email protected].
SUPPLEMENTARY INFORMATION: You can find an electronic copy of this rule
using the internet by accessing the Government Publishing Office's web
page at https://www.govinfo.gov/app/collection/FR to view the daily
published Federal Register edition or by accessing the Office of the
Federal Register's web page at https://www.federalregister.gov. Copies
are also available by contacting the individual identified in the FOR
FURTHER INFORMATION CONTACT section.
Discussion of the Rule
This final rule makes technical amendments to certain sections of
the CFR to align TSA's regulatory language with statutory terms and
definitions in the Immigration and Nationality Act, such as ``alien''
rather than ``non-citizen''. In general, the technical amendments are
limited to replacing the term ``non-U.S. citizen'' with the term
``alien'' wherever the term appears in TSA regulations. In one
instance, TSA is removing a definition that includes the word ``non-
U.S. citizen'' because the definition is no longer needed in the
regulation. The following table identifies the context for each change
in 49 CFR chapter XII.
[GRAPHIC] [TIFF OMITTED] TR17FE26.000
The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b))
provides that when an agency, for good cause, finds that the notice and
public procedures are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. TSA has determined that there is
good cause for making this technical amendment final without prior
proposal and opportunity for comment because the revisions are not
substantive and will not affect the regulatory requirements in the
affected parts. TSA has determined that public comment on such
administrative changes is unnecessary and that there is good cause
under the APA for proceeding with a final rule.
TSA has also determined that this rule is exempt from the notice
and comment requirement under the APA because it is a rule of agency
organization, procedure, or practice. See 5 U.S.C. 553(b)(A). Because
the rule is simply an administrative change that replaces terminology
without altering the rights or interests of parties, it has no
substantive effect on the regulatory requirements and places no stamp
of approval or disapproval on any type of behavior. Accordingly, TSA is
issuing this rule in its final form as a procedural rule.
Further, because a notice of proposed rulemaking and opportunity
for public comment are not required for this rule under the APA or any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, this rule
is issued in final form.
Before a rule can take effect, the Congressional Review Act (CRA),
as codified at 5 U.S.C. 801, requires Federal agencies to submit the
rule and a report to Congress and the Comptroller General indicating
whether it is a major rule. Under 5 U.S.C. 804(3)(C), rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency
[[Page 7161]]
parties are not considered to be a rule for the purposes of the CRA.
This technical amendment is a rule of agency organization, procedure,
or practice that will not substantially affect the rights or
obligations of non-agency parties. Thus, TSA is not required to submit
the rule for review under the CRA.
List of Subjects
49 CFR Part 1500
Air carriers, Air transportation, Aircraft, Airports, Buses,
Hazardous materials transportation, Law enforcement officers, Maritime
carriers, Mass transportation, Railroad safety, Railroads, Reporting
and recordkeeping requirements, Security measures, Transportation,
Vessels.
49 CFR Part 1552
Aircraft, Aliens, Aviation safety, Citizenship and naturalization,
Educational facilities, Fees, Reporting and recordkeeping requirements,
Security measures.
49 CFR Part 1570
Buildings and facilities, Buses, Common carriers, Crime, Fraud,
Hazardous materials transportation, Highway safety, Mass
transportation, Motor Carriers, Railroad safety, Railroads, Reporting
and recordkeeping requirements, Security measures, Transportation.
The Amendments
For the reasons stated in the preamble, the Transportation Security
Administration amends parts 1500, 1552, and 1570 of title 49, Code of
Federal Regulations, as follows:
PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS
0
1. The authority citation for part 1500 continues to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44939, 44942, 46105; Pub. L. 110-53 (121
Stat. 266, Aug. 3, 2007) secs. 1408 (6 U.S.C. 1137), 1501 (6 U.S.C.
1151), 1517 (6 U.S.C. 1167), and 1534 (6 U.S.C. 1184).
0
2. Amend Sec. 1500.3 by removing the definition for ``Non-U.S.
citizen'' and adding in alphabetical order the definition for ``Alien''
to read as follows:
Sec. 1500.3 Terms and abbreviations used in this chapter.
* * * * *
Alien means ``alien'' as defined in 8 U.S.C. 1101(a)(3).
* * * * *
PART 1552--FLIGHT TRAINING SECURITY PROGRAM
0
3. The authority citation for part 1552 continues to read as follows:
Authority: 49 U.S.C. 114, 44939, and 6 U.S.C. 469.
Sec. 1552.1 [Amended]
0
4. In Sec. 1552.1, amend paragraph (c) by removing the words ``Non-
U.S. citizens'' and adding, in their place, ``Aliens''.
Sec. 1552.3 [Amended]
0
5. Amend Sec. 1552.3 by removing the words ``non-U.S. citizen''
wherever they appear and adding, in their place, ``alien''.
PART 1570--GENERAL RULES
0
6. The authority citation for part 1570 continues to read as follows:
Authority: 18 U.S.C. 842, 845; 46 U.S.C. 70105; 49 U.S.C. 114,
5103a, 40113, and 46105; Pub. L. 108-90 (117 Stat. 1156, Oct. 1,
2003), sec. 520 (6 U.S.C. 469), as amended by Pub. L. 110-329 (122
Stat. 3689, Sept. 30, 2008) sec. 543 (6 U.S.C. 469); Pub. L. 110-53
(121 Stat. 266, Aug. 3, 2007) secs. 1402 (6 U.S.C. 1131), 1405 (6
U.S.C. 1134), 1408 (6 U.S.C. 1137), 1413 (6 U.S.C. 1142), 1414 (6
U.S.C. 1143), 1501 (6 U.S.C. 1151), 1512 (6 U.S.C. 1162), 1517 (6
U.S.C. 1167), 1522 (6 U.S.C. 1170), 1531 (6 U.S.C. 1181), and 1534
(6 U.S.C. 1184).
Sec. 1570.3 [Amended]
0
7. Amend Sec. 1570.3 by removing the definition for ``Alien
registration number''.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2026-03028 Filed 2-13-26; 8:45 am]
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