Alien Flight Training Fee Change Rule

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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

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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.

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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:
[email protected].
SUPPLEMENTARY INFORMATION:

I. Statutory Authority
The Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, 2009

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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).

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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.

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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

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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

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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

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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

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