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]

Download as PDF Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Notices reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labsscientific/commercial-gaugers-andlaboratories. Dated: April 30, 2020. Larry D. Fluty, Executive Director, Laboratories and Scientific Services. [FR Doc. 2020–10946 Filed 5–20–20; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement [OMB Control Number 1653–0049] Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Suspicious/Criminal Activity Tip Reporting U.S. Immigration and Customs Enforcement, Department of Homeland Security. ACTION: 30-Day notice. AGENCY: In accordance with the Paperwork Reduction Act (PRA) of 1995 the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance. This information collection was previously published in the Federal Register on December 13, 2019, allowing for a 60-day comment period. ICE received no comments. The purpose of this notice is to allow an additional 30 days for public comments. DATES: Comments are encouraged and will be accepted until June 22, 2020. ADDRESSES: Written comments and recommendations should be sent within 30 days of publication of this notice via the Federal eRulemaking Portal website at http://www.regulations.gov under eDocket ID number ICEB–2019–0010; The comments submitted via this method are visible to the Office of Management and Budget, and comply with the requirements of 5 CFR 1320.12(c). SUMMARY: For specific question related to collection activities, please contact Jody C. Fasenmyer (802–662–8115), jody.c.fasenmyer@ice.dhs.gov, U.S. Immigration and Customs Enforcement. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:18 May 20, 2020 Jkt 250001 Comments Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension, Without Change, of a Currently Approved Collection. (2) Title of the Form/Collection: Suspicious/Criminal Activity Tip Reporting. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: U.S. Immigration and Customs Enforcement. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individual or Households. The Department of Homeland Security (DHS) tip reporting capability will facilitate the collection of information from the public and law enforcement partners regarding allegations of crimes enforced by DHS. (5) An estimate of the total number of responses and the amount of time estimated for an average respondent to respond: ICE estimates a total of 139,381 responses at .10 minutes (.167 hours) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 23,230 annual burden hours. Dated: May 18, 2020. Scott Elmore, PRA Clearance Officer. [FR Doc. 2020–10950 Filed 5–20–20; 8:45 am] BILLING CODE 9111–28–P PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 30977 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 Transportation Security Administration (TSA), DHS. ACTION: Notice of temporary exemption. AGENCY: 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 AFSP.Help@tsa.dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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, 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. E:\FR\FM\21MYN1.SGM 21MYN1 30978 Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Notices 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). 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. 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; 3 49 CFR part 1552. 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). 4 See VerDate Sep<11>2014 17:18 May 20, 2020 Jkt 250001 • 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 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. 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 5 CISA, April 17, 2020: Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response. 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. 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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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: 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 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-CriticalInfrastructure-Workers-1-20-508c.pdf. E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Notices 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 DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Revision of Agency Information Collection Activity Under OMB Review: TSA PreCheckTM Application Program Transportation Security Administration, DHS. ACTION: 30-Day Notice. AGENCY: This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652–0059, abstracted below to OMB for review and approval of a revision of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on November 4, 2019, 84 FR 59401. The collection involves the submission of biographic and biometric information by individuals seeking to enroll in the TSA PreCheckTM (also known as TSA Pre✓®) Application Program, as well as optional surveys sponsored by TSA to SUMMARY: VerDate Sep<11>2014 17:18 May 20, 2020 Jkt 250001 current and former applicants related to customer service, enrollment processes, and TSA PreCheck marketing. DATES: Send your comments by June 22, 2020. A comment to OMB is most effective if OMB receives it within 30 days of publication. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be identified by Docket ID: TSA–2013– 0001 and sent to the Federal eRulemaking Portal, http:// www.regulations.gov. Please follow the portal instructions for submitting comments. This process is conducted in accordance with 5 CFR 1320.1. FOR FURTHER INFORMATION CONTACT: Christina A. Walsh, TSA PRA Officer, Information Technology (IT), TSA–11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6011; telephone (571) 227–2062; email TSAPRA@tsa.dhs.gov. SUPPLEMENTARY INFORMATION: Comments Invited In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at http://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to: (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Consistent with the requirements of Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also requesting comments on the extent to which this request for information could be modified to reduce the burden on respondents. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 30979 Information Collection Requirement Title: TSA PreCheckTM Application Program. Type of Request: Revision of currently approved collection. OMB Control Number: 1652–0059. Form(s): NA. Affected Public: Air Travelers. Abstract: The Transportation Security Administration (TSA) implemented the TSA PreCheck Application Program pursuant to its authority under sec. 109(a)(3) of the Aviation and Transportation Security Act (ATSA), Public Law 107–71 (115 Stat. 597, 613, Nov. 19, 2001, codified at 49 U.S.C. 114 note), which authorizes TSA to establish registered traveler programs, as well as section 540 of the DHS Appropriations Act, 2006, Public Law 109–90 (119 Stat. 2064, 2088–89, Oct. 18, 2005), which requires TSA to collect a fee for any registered traveler program by publication of a notice in the Federal Register. The TSA PreCheck Application Program enhances aviation security by permitting TSA to more effectively focus its limited security resources on passengers for whom TSA has little information, while also facilitating and improving the commercial aviation travel experience for the public. Travelers who choose not to enroll in this initiative are not subject to any limitations on their travel because of their choice; they will be processed through TSA screening before entering the sterile areas of airports. TSA also retains the authority to perform standard or other screening on a random basis on TSA PreCheck Application Program participants and any other travelers authorized to receive expedited physical screening. Under the TSA PreCheck Application Program, individuals submit biographic (including, but not limited to, name, date of birth, gender, prior and current addresses, contact information, country of birth, images of identity documents, proof of citizenship/immigration status) and biometric (such as fingerprints, iris scans, and/or facial images) information to TSA’s enrollment providers. Enrollment providers transmit these data via secure interface to TSA. Referencing law enforcement, citizenship or immigration, regulatory violation, and intelligence databases, TSA uses applicants’ biographic and biometric information collected during pre-enrollment, enrollment, or postenrollment to conduct security threat assessments (STAs) and to verify applicants’ identity (at enrollment and/ or at the time of travel) and citizenship. TSA uses STA results to determine E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[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]


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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