Alien Flight Student Program Recurrent Training Fees, 16880-16882 [E9-8349]

Download as PDF 16880 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices other entities to screen cargo off-airport before it is tendered to aircraft operators for transport on passenger aircraft. In the absence of such a program, all air cargo screening required by the 9/11 Commission Act would have to be accomplished by the aircraft operators at the airport. Severe delays and economic disruption would result. Before issuing the IFR, however, TSA needs to collect information during an initial pilot program. Accordingly, TSA must proceed with a separate ICR for the pilot program in order to meet the Congressional mandate. This ICR will allow TSA to collect two broad categories of information from shippers, indirect air carriers, and other entities that wish to become CCSFs: (1) Personal information to allow TSA to conduct security threat assessments (STA) on key individuals employed by the CCSFs; and (2) Data demonstrating air cargo throughput and other information from which TSA can determine eligibility to become a CCSF and the effectiveness of the CCSF’s performance. TSA will certify qualified facilities as CCSFs. CCSFs may screen cargo offairport and must implement measures to ensure a secure chain of custody from the point of screening to the point at which the cargo is tendered to the aircraft operator or other regulated entity for transport. This pilot creates several new information collections. Outlined below are the specifics of each information collection. Data Collection Entities seeking to become CCSFs are required to submit an application to TSA at least 90 days before the intended date of operation. CCSF applicants will submit applications and related information either electronically through e-mail or through the online Air Cargo Document Management System under development. TSA will also accept applications by postal mail. Once TSA approves the application, TSA will allow the regulated entity to operate as a CCSF in accordance with TSA standards. TSA will require CCSF applicants to ensure that individuals performing screening and related functions under the IFR have successfully completed an STA conducted by TSA. In addition, Security Coordinators and their alternates for CCSFs will need STAs. CCSFs must submit personally identifiable information on these individuals to TSA so that TSA can conduct an STA. CCSF facilities must provide information on the amount of cargo screened at an approved facility. CCSFs VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 must also maintain screening and other security-related training records. Estimated Burden Hours TSA has identified four separate information collections under this ICR. These four collections will affect an estimated total of 2,667 unique respondents (shippers, indirect air carriers, and other entities) over the three years of the PRA analysis. Collectively, these four information collections represent an estimated average of 89,011 responses annually, for an average annual hour burden of 152,490 hours. 1. STAs. All pilot participants will be required to have certain employees undergo STAs. TSA estimates the time to complete an STA application at 15 minutes per individual. TSA estimates an average of 2,667 CCSFs responding annually with an average of 20 applicants each. This yields an estimated 53,340 STAs (2,667 CCSFs × 20 applicants) for CCSFs. From this, we derive an annual hour burden of 13,335 hours (53,340 STAs × 0.25 hrs). 2. Screening and Other SecurityRelated Training Records. All CCSFs will be required to maintain screening and other security-related training records for employees in the program. TSA estimates a time burden of approximately five minutes annually for each CCSF to file the training records. TSA considers the estimated average annual CCSFs impacted to be 2,667. From this, TSA derives an annual hour burden of approximately 221 hours (2,667 CCSFs × 0.083 hrs). 3. Applications. Entities desiring to become CCSFs will send TSA an application for consideration. TSA estimates that it will receive an average of 1,000 enrollment applications annually, and that these applications will require an average of 15 minutes each to complete, resulting in an annual burden of 250 hours (1,000 CCSFs × 0.25 hrs). 4. Cargo Volume Reports. Finally, TSA estimates that approximately 2,667 CCSFs will complete monthly cargo volume reports taking approximately one hour each week. This creates an estimated annual burden of approximately 138,684 hours (2,667 CCSFs × 1 hr × 52 weeks). Use of Results TSA will use the information gathered as part of this pilot program for the purpose of ‘‘beta testing’’ the many processes and procedures associated with the program. TSA will utilize the results to evaluate, refine, and improve the final certified cargo screening program in the IFR. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Issued in Arlington, Virginia, on April 7, 2009. Ginger LeMay, Paperwork Reduction Act Officer, Business Improvements and Communications, Office of Information Technology. [FR Doc. E9–8350 Filed 4–10–09; 8:45 am] BILLING CODE 9110–05–P 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. 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: Johannes.Knudsen@dhs.gov. SUPPLEMENTARY INFORMATION: I. Statutory Authority The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices (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. 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)). 1 Public Law No. 110–329, 543, 122 Stat. 3574, 3689 (September 30, 2008). VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 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. 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. 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 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). 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 instrumentrating training. This notice does not affect Categories 1–3 procedures. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 16881 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 E:\FR\FM\13APN1.SGM 13APN1 16882 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 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 Operational year FY2005 FY2006 FY2007 FY2008 Total Cost Components: Threat Analysis ............................................................. Enrollments ................................................................... Program Management .................................................. Hardware/Software ....................................................... Program Administration ................................................ $20,770 1,063,100 243,940 264,806 48,579 $22,150 746,969 402,850 110,392 42,194 $23,917 1,014,875 525,634 119,408 40,969 $23,524 818,778 353,148 95,301 38,138 $90,361 3,643,722 1,525,572 589,907 169,880 Grand Totals .......................................................... 1,641,195 1,324,555 1,724,803 1,328,889 6,019,442 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 Operational year FY2005 FY2006 FY2007 FY2008 Total Annual Candidates for Category 4 recurrent training .......... 16,417 17,248 29,373 22,600 85,638 Grand Total ................................................................... 16,417 17,248 29,373 22,600 85,638 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 VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Compendium of Flood Map Changes AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice of availability. SUMMARY: The Federal Emergency Management Agency (FEMA) announces the availability of the Compendium of Flood Map Changes, which provides a listing of changes made to the National Flood Insurance Program (NFIP) maps that went into effect from July 1, 2008, through E:\FR\FM\13APN1.SGM 13APN1

Agencies

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


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: 
Johannes.Knudsen@dhs.gov.

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.
---------------------------------------------------------------------------

    \1\ Public Law No. 110-329, 543, 122 Stat. 3574, 3689 (September 
30, 2008).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
        Operational year              FY2005          FY2006          FY2007          FY2008           Total
----------------------------------------------------------------------------------------------------------------
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
                                 -------------------------------------------------------------------------------
        Grand Totals............       1,641,195       1,324,555       1,724,803       1,328,889       6,019,442
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
        Operational year              FY2005          FY2006          FY2007          FY2008           Total
----------------------------------------------------------------------------------------------------------------
Annual Candidates for Category 4          16,417          17,248          29,373          22,600          85,638
 recurrent training.............
                                 -------------------------------------------------------------------------------
    Grand Total.................          16,417          17,248          29,373          22,600          85,638
----------------------------------------------------------------------------------------------------------------

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