[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.
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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 AFSP.Help@tsa.dhs.gov.
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,
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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).
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\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.
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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.
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\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).
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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\
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\5\ CISA, April 17, 2020: Advisory Memorandum on Identification
of Essential Critical Infrastructure Workers During COVID-19
Response.
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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.
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\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.
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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:
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\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.
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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
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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