Exemption From Regulatory Requirements Limiting the Initiation of Flight Training to 180 Days or Less for Aliens Who Have an Approved Security Threat Assessment, 30977-30979 [2020-10960]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Transportation Security Administration

[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Notices]
[Pages 30977-30979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10960]


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

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2004-19147]


Exemption From Regulatory Requirements Limiting the Initiation of 
Flight Training to 180 Days or Less for Aliens Who Have an Approved 
Security Threat Assessment

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of temporary exemption.

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

SUMMARY: The Transportation Security Administration (TSA) is granting a 
temporary exemption from certain requirements in 49 CFR part 1552 
regarding the timeframe within which a flight school must initiate 
flight training for alien flight students (candidates) who have an 
approved TSA security threat assessment (STA). For the duration of this 
exemption, TSA grants an extension from 180 days to 365 calendar days 
for candidates to begin training if the candidate's information and 
fees for an STA were submitted on or between December 1, 2019 and 
September 1, 2020.

DATES: This exemption becomes effective on May 17, 2020 and remains in 
effect through September 1, 2020, unless otherwise modified by TSA 
through a notice published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571-227-2851 or 
via email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Vision 100--Century of Aviation Reauthorization Act of 2003 
requires flight training providers to notify TSA when aliens and other 
individuals designated by the Secretary of Homeland Security, request 
flight training and ensure that these individuals obtain a favorable 
STA conducted by TSA before initiating training.\1\ As required by 
TSA's implementing regulations in 49 CFR part 1552, the STA for 
candidates \2\ in the Alien Flight Student Program (AFSP) consists of 
criminal,

[[Page 30978]]

immigration, and terrorism checks.\3\ To ensure the STA is valid at the 
time a candidate takes training, TSA's regulations generally prohibit a 
flight training provider from initiating training of a candidate beyond 
180 days after the candidate received an approval to train from TSA. 
See 49 CFR 1552.3(a)-(d).
---------------------------------------------------------------------------

    \1\ See Aviation and Transportation Security Act (ATSA), Public 
Law 107-71, Sec. 113, Flight School Security (115 Stat. 597, 622; 
Nov. 19, 2001), as amended by Vision 100--Century of Aviation 
Reauthorization Act, Public Law 108-176, Title VI, Aviation 
Security, sec. 612 (117 Stat. 2489, 2572; Dec. 12, 2003), codified 
at 49 U.S.C. 44939.
    \2\ A candidate is defined as ``an alien or other individual 
designated by TSA who applies for flight training or recurrent 
training. It does not include an individual endorsed by the 
Department of Defense for flight training.'' See 49 CFR 1552.2.
    \3\ 49 CFR part 1552.
---------------------------------------------------------------------------

    On March 11, 2020, the World Health Organization characterized the 
Coronavirus Disease 2019 (COVID-19) outbreak as a global pandemic. On 
March 13, 2020, the President declared a National Emergency.\4\ Health 
experts within Federal, State, and local governments have strongly 
recommended that individuals practice social distancing when engaging 
with others whenever possible, to minimize the spread of SARS-CoV-2, 
the virus that causes COVID-19.
---------------------------------------------------------------------------

    \4\ See Proclamation 9994, Declaring a National Emergency 
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 
13, 2020). Published at 85 FR 15337 (Mar. 18, 2020).
---------------------------------------------------------------------------

    In response to these actions, a majority of U.S. States and foreign 
governments have imposed significant restrictions on commercial 
activities and individual movement, except when performing essential 
functions. The lifting of these restrictions is occurring at a state or 
local level and can vary in terms of the scope and pace of reopening 
various sectors of the economy.
    Fifty-eight percent of AFSP training is provided to individuals who 
either have or are attempting to obtain airmen certifications for large 
aircraft used for the purpose of transporting cargo and/or passengers. 
The Flight School Association of North America estimates one-third of 
all flight training in the United States is conducted for aliens, many 
of whom are lawful permanent residents, or students participating in 
the student visitor exchange program. Many candidates who are already 
in the United States have discovered that fingerprint collection 
locations and domestic U.S. Citizenship and Immigration Services 
offices are closed. There can be additional delays for candidates 
outside the United States who may have difficulty obtaining U.S. visas 
in locations where U.S. consulates are closed or are in locations 
subject to travel restrictions.
    In sum, under the present regulatory requirement, it may be 
impracticable for most candidates to begin training within 180 days if 
any of the following apply due to the COVID-19 public health emergency:
     Candidates cannot obtain a U.S. visa because U.S. 
consulates are closed;
     Candidates cannot get fingerprinted because the 
fingerprint collector is closed;
     A U.S. State, local, territorial, or tribal government, or 
a political subdivision of any of the foregoing has told a flight 
training provider to temporarily close its doors; or
     The flight training provider is implementing self-
precautions and temporarily suspending training in order to prevent the 
spread of SARS-CoV-2, the virus that causes COVID-19.
    TSA's regulations also require a fee for each STA conducted by TSA. 
See 49 CFR 1552.5. If providers and candidates miss the window for 
initiating training, they will be required to remit another fee for the 
new STA.
    During the COVID-19 crisis, it is vital to move cargo expeditiously 
through the supply chain, and to ensure that medical supplies and home 
goods reach healthcare centers and consumers. Aviation facilities and 
aircraft are an integral part of the supply chain and must continue 
operations throughout the public health emergency and after. Workers 
who support air transportation of cargo and passengers, including 
flight instructors, are considered by the DHS Cybersecurity and 
Infrastructure Security Agency (CISA) as essential.\5\
---------------------------------------------------------------------------

    \5\ CISA, April 17, 2020: Advisory Memorandum on Identification 
of Essential Critical Infrastructure Workers During COVID-19 
Response.
---------------------------------------------------------------------------

Authority and Determination

    TSA may grant an exemption from a regulation if TSA determines that 
the exemption is in the public interest.\6\ TSA has determined that it 
is in the public interest to grant an exemption from certain process 
requirements in 49 CFR part 1552 related to initiating flight training 
during the current National Emergency created by the COVID-19 crisis. 
This exemption will facilitate the timely resumption of U.S.-based 
aviation training for aliens to allow pilots to continue to provide 
vital services during the COVID-19 public health emergency, while TSA 
ensures effective transportation security vetting.
---------------------------------------------------------------------------

    \6\ See 49 U.S.C. 114(q). The Administrator of TSA delegated 
this authority to the Executive Assistant Administrator for 
Operations Security, effective March 26, 2020, during the period of 
the National Emergency cited supra, n.4.
---------------------------------------------------------------------------

    Without this exemption, TSA estimates more than 2,100 U.S. 
businesses may lose significant revenue before restrictions are 
limited, U.S.-entry restrictions are eased, and flight training 
businesses re-open at the end of the current crisis.\7\ This exemption 
also provides needed flexibility to the 4,500 candidates who have 
applied for training and meet the requirements of this exemption.\8\ 
Air transportation employees are essential workers necessary during the 
COVID-19 public health crisis to support the United States' 
transportation and logistics infrastructure.\9\ The flexibility 
provided by this exemption will ensure these individuals receive the 
training necessary to provide this support. TSA has determined that 
there is little to no risk to transportation security associated with 
this exemption for the following reasons:
---------------------------------------------------------------------------

    \7\ TSA uses internal AFSP program data on flight training 
providers and subject matter expertise to estimate the proportion of 
businesses that would benefit from this exemption.
    \8\ TSA uses ASFP candidate data to estimate the affected 
population.
    \9\ See Cybersecurity and Infrastructure Security Agency (CISA) 
Memorandum on Identification of Essential Critical Infrastructure 
Workers During COVID-19 Response (March 19, 2020), available at: 
https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf.
---------------------------------------------------------------------------

    1. The exemption applies only to individuals who have already 
successfully completed a comprehensive STA;
    2. The exemption applies to a specific group of individuals for a 
limited period of time subject to possible modification by TSA before 
the end of the effective period to ensure consistency with the duration 
and scope of the COVID-19 crisis;
    3. TSA will continue to recurrently vet the subject group of 
individuals against Federal terrorism and national security-related 
watch lists and databases; and
    4. TSA retains its full authority to immediately revoke or suspend 
an AFSP STA if TSA determines that the holder is no longer eligible, in 
accordance with 49 CFR part 1552.

Exemption

    1. Eligibility. This exemption applies to candidates in the AFSP 
who submitted the information and fees required for an STA on or 
between December 1, 2019, and September 1, 2020, and with respect to 
whom TSA subsequently informed the flight school that the candidate 
does not pose a threat to aviation or national security.
    2. Flight Training Provider Exemption. For the duration of this 
exemption, a flight school may begin an eligible candidate's flight 
training within 365 calendar days of being informed by TSA that the 
candidate does not pose a threat to aviation or national security, or 
within 365 calendar days after more than 30 days have elapsed since TSA 
received all of the information and fees required by 49 CFR 1552.3. The 
flight training provider

[[Page 30979]]

must continue to notify TSA when each candidate initiates a flight 
training event in accordance with 49 CFR part 1552.3.
    3. Continuation of Vetting. For the duration of the exemption, TSA 
will continue to recurrently vet the subject group of individuals 
against Federal terrorism and national security-related watch lists and 
databases. TSA retains its full authority to immediately revoke or 
suspend an AFSP STA if TSA determines that the holder is no longer 
eligible, in accordance with 49 CFR part 1552.
    Limits of Exemption: This extension does not apply to Category 1 
training until the conditions specified in 49 CFR 1552.3(a)(4) are met. 
This extension does not apply to Category 2 training until the 
conditions specified in 49 CFR 1552.3(b)(1)(iv) are met. This extension 
does not apply to any training category if a candidate's information 
and fee for an STA were submitted before December 1, 2019 or after 
September 1, 2020.

Stacey Fitzmaurice,
Executive Assistant Administrator for Operations Support.
[FR Doc. 2020-10960 Filed 5-20-20; 8:45 am]
 BILLING CODE 9110-05-P