83 FR 23238 - Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees; Reopening of Comment Period
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration Federal Register Volume 83, Issue 97 (May 18, 2018)
Transportation Security Administration
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23238-23239 | |
| FR Document | 2018-10637 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Rules and Regulations] [Pages 23238-23239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10637] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Part 1552 [Docket No. TSA-2004-19147] RIN 1652-AA35 Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees; Reopening of Comment Period AGENCY: Transportation Security Administration, DHS. ACTION: Interim final rule; reopening of comment period. ----------------------------------------------------------------------- SUMMARY: The Transportation Security Administration (TSA) is reopening the comment period for the interim final rule (IFR) that established the Alien Flight Student Program (AFSP). TSA is in the process of finalizing the IFR with modifications to improve the efficiency and efficacy of this program consistent with regulatory reform requirements of Executive Orders (E.O.) 13771 (Jan. 30, 2017) and 13777 (Feb. 24, 2017). To ensure TSA has adequately considered relevant options, we are reopening the comment period on the IFR. In particular, TSA is requesting comments on three types of issues: Scope of security threat assessments (STAs), including who should receive them and the frequency of such assessments; options for reducing the burden of recordkeeping requirements, including the use of electronic records; and sources of data on costs and other programmatic impacts of the rule. TSA is reopening the comment period for an additional 30 days. DATES: The comment period for the interim final rule published at 69 FR 56324 (Sept. 20, 2004), is reopened. Comments must be received by June 18, 2018. ADDRESSES: You may submit comments, identified by the TSA docket number to this rulemaking, through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Johannes Knudsen (TSA Alien Flight Student Program) at telephone (571) 227-2188, or David Ross (TSA Office of Chief Counsel) at telephone (571) 227-2465, or email to [email protected]. SUPPLEMENTARY INFORMATION: I. Comments Invited TSA published an IFR, with request for comments, in 2004 to establish requirements for alien flight training and security awareness training for flight school employees.\1\ TSA evaluated all public comments received on the IFR, whether received before or after the original comment period closed on October 20, 2004. It is not necessary for commenters to resubmit issues previously raised, but TSA believes reopening the comment period is advisable to obtain updated information and perspectives from regulated entities on the impact of the regulation. --------------------------------------------------------------------------- \1\ See docket for this rulemaking or 69 FR 56324 (Sept. 20, 2004). --------------------------------------------------------------------------- TSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. See ADDRESSES above for information on where to submit comments. In general, TSA seeks comments on the broad areas outlined within this notice. TSA also seeks comments on how this rulemaking could be modified to maximize benefits while reducing excessive, unjustified, or unnecessary costs. We also invite comments relating to the current economic, environmental, energy, or federalism impacts of this regulation. TSA asks that commenters provide as much information as possible. Whenever possible, please provide citations and copies of any relevant studies or reports on which you rely, as well as any additional data which supports your comment. It is also helpful to explain the basis and reasoning underlying your comment. TSA appreciates all information provided. While complete answers are preferable, we recognize providing detailed comments on every question could be burdensome and will consider all comments, regardless of whether the response is complete. TSA does not expect every commenter will be able to answer every question. Please respond to those questions you feel able to answer or that address your particular issue. TSA encourages responses from all interested entities, not just flight schools and the applicants for flight training. If, however, you are not directly subject to this regulation or its requirements, please explain your interest in this rulemaking and how your comments may assist in TSA's development of the final rule. General Instructions for Submitting Comments All submissions must include the agency name and docket number for this notice. With the exception of items requiring special handling, all comments received will be posted without change to http://www.regulations.gov. Handling of Confidential or Proprietary Information and SSI Submitted in Public Comments Do not submit comments to the public regulatory docket that contain trade secrets, confidential commercial or financial information, or sensitive security information (SSI). Please contact [email protected] for instructions on how to submit information requiring special handling. TSA will not place such information in the public docket and will handle them in accordance with applicable safeguards and restrictions on access. TSA will hold documents containing SSI, confidential business information, or trade secrets in a separate file to which the public does not have access, and place a note in the public docket explaining commenters have submitted such documents. TSA may include a redacted version of the comment in the public docket. Requests to examine or copy information that is not in the public docket will be treated as any other request under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the Department of Homeland Security's (DHS') FOIA regulation found in 6 CFR part 5. Reviewing Comments in the Docket For access to the docket to read background documents or comments, go to http://www.regulations.gov. The docket for this rulemaking currently includes the 2004 IFR and all comments received on that rulemaking. II. Background TSA published the 2004 IFR to fulfill the requirement in Sec. 612(a) of the Vision 100-Century of Aviation Reauthorization Act.\2\ The IFR created part 1552, Flight Schools, in title 49 of the Code of Federal Regulations (CFR). The regulation applies to flight schools and to individuals who apply for or receive flight training. TSA issued exemptions and clarifications in response to comments on the regulation and questions raised during operation of [[Page 23239]] the program since 2004, most of them within the first year of its implementation.\3\ In 2009, TSA published a notice to announce the imposition of fees for processing STAs for alien flight students.\4\ --------------------------------------------------------------------------- \2\ Public Law 108-176, 117 Stat. 2490, 2572 (Dec. 12, 2003). This provision required TSA to establish a process to implement the requirements of Sec. 612(a), including the fee provisions, not later than 60 days after the enactment of the Act. \3\ See, e.g., the following documents at Regulations.gov: ``U.S. DHS/TSA HQ--Notice, Applicability of 49 CFR part 1552 to certain types of aircraft'' (Oct. 29, 2004) (TSA-2004-19147-0324) and ``U.S. DHS/TSA HQ--Response--Interpretation of ``Flight Training'' for Aircraft with an MTOW of 12,500 Pounds or Less and Exemption . . .'' (January 5, 2005) (TSA-2004-19147-0337). \4\ See fee notice published in the Federal Register at 74 FR 16880 (April 13, 2009). --------------------------------------------------------------------------- More recently, between 2012 and 2016, members of the aviation industry, the public, and Federal oversight organizations have identified areas where the program could be improved, including specific recommendations from the Aviation Security Advisory Committee regarding this regulation. TSA's internal procedures and processes for vetting applicants also have evolved and matured. III. Efficiency and Efficacy Enhancements The primary benefit of this regulation results from the increased protection of U.S. citizens and property from acts of terrorism. The requirements of 49 CFR part 1552, implemented through the AFSP, decrease the chance a flight school student who poses a security threat will be able to receive flight training from a U.S. flight school in the operation of aircraft that could be used in an act of terrorism. The regulation also improves security at flight schools through the requirement for security awareness training for flight school employees. We recently reviewed all of our programs to identify options for reducing the regulatory burden, consistent with the requirements of E.O. 13771, Reducing Regulation and Controlling Regulatory Costs (Jan. 30, 2017), and E.O. 13777, Enforcing the Regulatory Reform Agenda (Feb. 24, 2017). As part of this effort, TSA is considering several recommendations made by industry to modify the AFSP regulation. For example, TSA could revise reporting and recordkeeping requirements. See 49 CFR 1552.3(i) and 1552.25. These requirements currently require maintaining paper records on alien flight students, at an annual estimated cost of $7.4 million, discounted at 7 percent. TSA could establish an electronic recordkeeping platform where all flight providers would upload required student information to a TSA-managed website, eliminating the need to maintain paper records. As TSA increases security by expanding use of recurrent vetting for individuals required to undergo STAs, TSA could also modify the interval for STAs of alien flight students to reduce the scope of information and fees required each time an individual applies for flight training. As TSA considers available options for maximizing security benefits while minimizing costs, we are seeking comment on the following specific issues: 1. Costs and benefits of requiring flight training providers to undergo a STA. Currently, alien flights students must undergo a STA, but flight school employees responsible for compliance with TSA's requirements are not required to undergo a STA. 2. Impact of modifying STA requirements for alien flight training candidates from an event-based requirement to a time-based requirement. Currently, TSA requires individuals to be vetted before each training event. This requires payment of fees for each training event to complete the STA process. With the expansion of recurrent vetting programs, it may be possible to allow for a time-based STA requirement (such as once every three years) rather than an STA for each training event. 3. Appropriate compliance requirements for parties involved in leases of aircraft, aircraft simulators, and other flight training equipment. For example, TSA could add new regulatory terms and definitions regarding agreements between companies who lease aircraft, aircraft simulators, instructor services, and/or flight training equipment to Federal Aviation Administration (FAA)-certified and non- FAA-certified flight training providers who engage in training in the United States, to clarify which party to such transactions should comply with AFSP reporting and recordkeeping requirements. 4. Impact of allowing regulated parties to use electronic recordkeeping, in whole or in part, to establish compliance. As much of the information required under this program is currently submitted to TSA in electronic format, TSA could provide validation of information submitted and eliminate the need for all records to be maintained in paper copy by the flight school. To the extent available, please include data on the costs of maintaining paper records for flight schools and how much savings would occur if TSA allowed flight schools to only submit electronic records. 5. Implications of refining the scope of STAs for candidates who train with FAA-certified flight instructors operating outside the United States. 6. Sources of data on the number or percentage of flights schools that only train U.S. citizens. This information can be used to streamline program implementation and validate cost estimates for the program. TSA encourages submission of any other data or information available we should consider in our review of the regulation. This information is necessary for TSA to identify areas for potential deregulation and cost savings, limit vulnerabilities from insider threats, and estimate the costs of implementing the final rule. For more background on the regulation and its requirements, please see the IFR, which is available in the docket. As previously noted, TSA evaluated all 332 public comments received on the IFR, both before and after the comment period closed on October 20, 2004. It is not necessary for commenters to resubmit issues previously raised, but TSA believes our rulemaking would benefit from reopening the comment period to obtain updated information and perspectives from regulated entities on the impact of the regulation. Dated: May 13, 2018. David P. Pekoske, Administrator. [FR Doc. 2018-10637 Filed 5-17-18; 8:45 am] BILLING CODE 9110-05-P
![23238 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
* * * * * SUPPLEMENTARY INFORMATION: General Instructions for Submitting
[FR Doc. 2018–10570 Filed 5–17–18; 8:45 am] Comments
BILLING CODE 6560–50–P
I. Comments Invited
All submissions must include the
TSA published an IFR, with request agency name and docket number for this
for comments, in 2004 to establish notice. With the exception of items
DEPARTMENT OF HOMELAND requirements for alien flight training requiring special handling, all
SECURITY and security awareness training for comments received will be posted
flight school employees.1 TSA evaluated without change to http://
Transportation Security Administration
all public comments received on the www.regulations.gov.
IFR, whether received before or after the
49 CFR Part 1552 Handling of Confidential or Proprietary
original comment period closed on
[Docket No. TSA–2004–19147]
Information and SSI Submitted in
October 20, 2004. It is not necessary for Public Comments
RIN 1652–AA35 commenters to resubmit issues
previously raised, but TSA believes Do not submit comments to the public
Flight Training for Aliens and Other reopening the comment period is regulatory docket that contain trade
Designated Individuals; Security advisable to obtain updated information secrets, confidential commercial or
Awareness Training for Flight School and perspectives from regulated entities financial information, or sensitive
Employees; Reopening of Comment on the impact of the regulation. security information (SSI). Please
Period contact afsp.help@tsa.dhs.gov for
TSA invites interested persons to instructions on how to submit
AGENCY: Transportation Security participate in this rulemaking by information requiring special handling.
Administration, DHS. submitting written comments, data, or TSA will not place such information in
ACTION: Interim final rule; reopening of views. See ADDRESSES above for the public docket and will handle them
comment period. information on where to submit in accordance with applicable
comments. In general, TSA seeks safeguards and restrictions on access.
SUMMARY: The Transportation Security comments on the broad areas outlined TSA will hold documents containing
Administration (TSA) is reopening the within this notice. TSA also seeks SSI, confidential business information,
comment period for the interim final comments on how this rulemaking or trade secrets in a separate file to
rule (IFR) that established the Alien could be modified to maximize benefits which the public does not have access,
Flight Student Program (AFSP). TSA is while reducing excessive, unjustified, or and place a note in the public docket
in the process of finalizing the IFR with unnecessary costs. We also invite explaining commenters have submitted
modifications to improve the efficiency comments relating to the current such documents. TSA may include a
and efficacy of this program consistent economic, environmental, energy, or redacted version of the comment in the
with regulatory reform requirements of federalism impacts of this regulation. public docket. Requests to examine or
Executive Orders (E.O.) 13771 (Jan. 30,
TSA asks that commenters provide as copy information that is not in the
2017) and 13777 (Feb. 24, 2017). To
much information as possible. public docket will be treated as any
ensure TSA has adequately considered
Whenever possible, please provide other request under the Freedom of
relevant options, we are reopening the
citations and copies of any relevant Information Act (FOIA) (5 U.S.C. 552)
comment period on the IFR. In
studies or reports on which you rely, as and the Department of Homeland
particular, TSA is requesting comments
well as any additional data which Security’s (DHS’) FOIA regulation found
on three types of issues: Scope of
supports your comment. It is also in 6 CFR part 5.
security threat assessments (STAs),
including who should receive them and helpful to explain the basis and Reviewing Comments in the Docket
the frequency of such assessments; reasoning underlying your comment.
For access to the docket to read
options for reducing the burden of TSA appreciates all information background documents or comments, go
recordkeeping requirements, including provided. While complete answers are to http://www.regulations.gov. The
the use of electronic records; and preferable, we recognize providing docket for this rulemaking currently
sources of data on costs and other detailed comments on every question includes the 2004 IFR and all comments
programmatic impacts of the rule. TSA could be burdensome and will consider received on that rulemaking.
is reopening the comment period for an all comments, regardless of whether the
additional 30 days. response is complete. TSA does not II. Background
DATES: The comment period for the expect every commenter will be able to TSA published the 2004 IFR to fulfill
interim final rule published at 69 FR answer every question. Please respond the requirement in Sec. 612(a) of the
56324 (Sept. 20, 2004), is reopened. to those questions you feel able to Vision 100-Century of Aviation
Comments must be received by June 18, answer or that address your particular Reauthorization Act.2 The IFR created
2018. issue. part 1552, Flight Schools, in title 49 of
ADDRESSES: You may submit comments, TSA encourages responses from all the Code of Federal Regulations (CFR).
identified by the TSA docket number to interested entities, not just flight schools The regulation applies to flight schools
this rulemaking, through the Federal and the applicants for flight training. If, and to individuals who apply for or
eRulemaking Portal: http:// however, you are not directly subject to receive flight training. TSA issued
www.regulations.gov. Follow the this regulation or its requirements, exemptions and clarifications in
sradovich on DSK3GMQ082PROD with RULES
instructions for submitting comments. please explain your interest in this response to comments on the regulation
FOR FURTHER INFORMATION CONTACT: rulemaking and how your comments and questions raised during operation of
Johannes Knudsen (TSA Alien Flight may assist in TSA’s development of the
2 Public Law 108–176, 117 Stat. 2490, 2572 (Dec.
Student Program) at telephone (571) final rule.
12, 2003). This provision required TSA to establish
227–2188, or David Ross (TSA Office of a process to implement the requirements of Sec.
Chief Counsel) at telephone (571) 227– 1 See docket for this rulemaking or 69 FR 56324 612(a), including the fee provisions, not later than
2465, or email to afsp.help@tsa.dhs.gov. (Sept. 20, 2004). 60 days after the enactment of the Act.
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![Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations 23239
the program since 2004, most of them require maintaining paper records on AFSP reporting and recordkeeping
within the first year of its alien flight students, at an annual requirements.
implementation.3 In 2009, TSA estimated cost of $7.4 million, 4. Impact of allowing regulated parties
published a notice to announce the discounted at 7 percent. TSA could to use electronic recordkeeping, in
imposition of fees for processing STAs establish an electronic recordkeeping whole or in part, to establish
for alien flight students.4 platform where all flight providers compliance. As much of the information
More recently, between 2012 and would upload required student required under this program is currently
2016, members of the aviation industry, information to a TSA-managed website, submitted to TSA in electronic format,
the public, and Federal oversight eliminating the need to maintain paper TSA could provide validation of
organizations have identified areas records. As TSA increases security by information submitted and eliminate the
where the program could be improved, expanding use of recurrent vetting for need for all records to be maintained in
including specific recommendations individuals required to undergo STAs, paper copy by the flight school. To the
from the Aviation Security Advisory TSA could also modify the interval for extent available, please include data on
Committee regarding this regulation. STAs of alien flight students to reduce the costs of maintaining paper records
TSA’s internal procedures and the scope of information and fees for flight schools and how much savings
processes for vetting applicants also required each time an individual would occur if TSA allowed flight
have evolved and matured. applies for flight training. schools to only submit electronic
III. Efficiency and Efficacy As TSA considers available options records.
Enhancements for maximizing security benefits while 5. Implications of refining the scope
minimizing costs, we are seeking of STAs for candidates who train with
The primary benefit of this regulation
comment on the following specific FAA-certified flight instructors
results from the increased protection of
issues: operating outside the United States.
U.S. citizens and property from acts of
terrorism. The requirements of 49 CFR 1. Costs and benefits of requiring 6. Sources of data on the number or
part 1552, implemented through the flight training providers to undergo a percentage of flights schools that only
AFSP, decrease the chance a flight STA. Currently, alien flights students train U.S. citizens. This information can
school student who poses a security must undergo a STA, but flight school be used to streamline program
threat will be able to receive flight employees responsible for compliance implementation and validate cost
training from a U.S. flight school in the with TSA’s requirements are not estimates for the program.
operation of aircraft that could be used required to undergo a STA. TSA encourages submission of any
in an act of terrorism. The regulation 2. Impact of modifying STA other data or information available we
also improves security at flight schools requirements for alien flight training should consider in our review of the
through the requirement for security candidates from an event-based regulation. This information is
awareness training for flight school requirement to a time-based necessary for TSA to identify areas for
employees. requirement. Currently, TSA requires potential deregulation and cost savings,
We recently reviewed all of our individuals to be vetted before each limit vulnerabilities from insider
programs to identify options for training event. This requires payment of threats, and estimate the costs of
reducing the regulatory burden, fees for each training event to complete implementing the final rule.
consistent with the requirements of E.O. the STA process. With the expansion of For more background on the
13771, Reducing Regulation and recurrent vetting programs, it may be regulation and its requirements, please
Controlling Regulatory Costs (Jan. 30, possible to allow for a time-based STA see the IFR, which is available in the
2017), and E.O. 13777, Enforcing the requirement (such as once every three docket. As previously noted, TSA
Regulatory Reform Agenda (Feb. 24, years) rather than an STA for each evaluated all 332 public comments
2017). As part of this effort, TSA is training event. received on the IFR, both before and
considering several recommendations 3. Appropriate compliance after the comment period closed on
made by industry to modify the AFSP requirements for parties involved in October 20, 2004. It is not necessary for
regulation. For example, TSA could leases of aircraft, aircraft simulators, and commenters to resubmit issues
revise reporting and recordkeeping other flight training equipment. For previously raised, but TSA believes our
requirements. See 49 CFR 1552.3(i) and example, TSA could add new regulatory rulemaking would benefit from
1552.25. These requirements currently terms and definitions regarding reopening the comment period to obtain
agreements between companies who updated information and perspectives
3 See, e.g., the following documents at
lease aircraft, aircraft simulators, from regulated entities on the impact of
Regulations.gov: ‘‘U.S. DHS/TSA HQ—Notice, instructor services, and/or flight training
Applicability of 49 CFR part 1552 to certain types the regulation.
of aircraft’’ (Oct. 29, 2004) (TSA–2004–19147–0324) equipment to Federal Aviation
and ‘‘U.S. DHS/TSA HQ—Response—Interpretation Administration (FAA)-certified and Dated: May 13, 2018.
of ‘‘Flight Training’’ for Aircraft with an MTOW of non-FAA-certified flight training David P. Pekoske,
12,500 Pounds or Less and Exemption . . .’’ Administrator.
(January 5, 2005) (TSA–2004–19147–0337). providers who engage in training in the
4 See fee notice published in the Federal Register United States, to clarify which party to [FR Doc. 2018–10637 Filed 5–17–18; 8:45 am]
at 74 FR 16880 (April 13, 2009). such transactions should comply with BILLING CODE 9110–05–P
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Document Created: 2018-05-18 02:16:00
Document Modified: 2018-05-18 02:16:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule; reopening of comment period. | |
| Dates | The comment period for the interim final rule published at 69 FR 56324 (Sept. 20, 2004), is reopened. Comments must be received by June 18, 2018. | |
| Contact | Johannes Knudsen (TSA Alien Flight Student Program) at telephone (571) 227-2188, or David Ross (TSA Office of Chief Counsel) at telephone (571) 227-2465, or email to [email protected] | |
| FR Citation | 83 FR 23238 | |
| RIN Number | 1652-AA35 |
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