Part 1552--Flight Schools

CFR-2014-title49-vol9-part1552.pdf

Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees

Part 1552--Flight Schools

OMB: 1652-0021

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Pt. 1552

49 CFR Ch. XII (10–1–14 Edition)

those operations specified in § 1550.5
and those operations conducted under a
security program under part 1544 or
1546 of this chapter.
(b) Procedures. Any person conducting
an operation identified in paragraph (a)
of this section must conduct a search
of the aircraft before departure and
screen passengers, crewmembers, and
other persons and their accessible property (carry-on items) before boarding
in accordance with security procedures
approved by TSA.
(c) Compliance date. Persons identified in paragraph (a) of this section
must implement security procedures
when notified by TSA. TSA will notify
operators by NOTAM, letter, or other
communication when they must implement security procedures.
(d) Waivers. TSA may permit a person
conducting an operation identified in
this section to deviate from the provisions of this section if TSA finds that
the operation can be conducted safely
under the terms of the waiver.

PART 1552—FLIGHT SCHOOLS
Subpart A—Flight Training for Aliens and
Other Designated Individuals
Sec.
1552.1
1552.3
1552.5

Scope and definitions.
Flight training.
Fees.

Subpart B—Flight School Security
Awareness Training
1552.21 Scope and definitions.
1552.23 Security awareness training programs.
1552.25 Documentation, recordkeeping, and
inspection.
AUTHORITY: 49 U.S.C. 114, 44939.
SOURCE: 69 FR 56340, Sept. 20, 2004, unless
otherwise noted.

Subpart A—Flight Training for
Aliens and Other Designated
Individuals

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§ 1552.1

Scope and definitions.

(a) Scope. This subpart applies to
flight schools that provide instruction
under 49 U.S.C. Subtitle VII, Part A, in
the operation of aircraft or aircraft
simulators, and individuals who apply

to obtain such instruction or who receive such instruction.
(b) Definitions. As used in this part:
Aircraft simulator means a flight simulator or flight training device, as
those terms are defined at 14 CFR 61.1.
Alien means any person not a citizen
or national of the United States.
Candidate means 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.
Day means a day from Monday
through Friday, including State and
local holidays but not Federal holidays, for any time period less than 11
days specified in this part. For any
time period greater than 11 days, day
means calendar day.
Demonstration flight for marketing purposes means a flight for the purpose of
demonstrating an aircraft’s or aircraft
simulator’s capabilities or characteristics to a potential purchaser, or to an
agent of a potential purchaser, of the
aircraft or simulator, including an acceptance flight after an aircraft manufacturer delivers an aircraft to a purchaser.
Flight school means any pilot school,
flight training center, air carrier flight
training facility, or flight instructor
certificated under 14 CFR part 61, 121,
135, 141, or 142; or any other person or
entity that provides instruction under
49 U.S.C. Subtitle VII, Part A, in the
operation of any aircraft or aircraft
simulator.
Flight training means instruction received from a flight school in an aircraft or aircraft simulator. Flight
training does not include recurrent
training, ground training, a demonstration flight for marketing purposes, or
any military training provided by the
Department of Defense, the U.S. Coast
Guard, or an entity under contract
with the Department of Defense or U.S.
Coast Guard.
Ground training means classroom or
computer-based instruction in the operation of aircraft, aircraft systems, or
cockpit procedures. Ground training
does not include instruction in an aircraft simulator.
National of the United States means a
person who, though not a citizen of the

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Transportation Security Administration, DHS
United States, owes permanent allegiance to the United States, and includes a citizen of American Samoa or
Swains Island.
Recurrent training means periodic
training required under 14 CFR part 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.

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§ 1552.3

Flight training.

This section describes the procedures
a flight school must follow before providing flight training.
(a) Category 1—Regular processing for
flight training on aircraft more than
12,500 pounds. A flight school may not
provide flight training in the operation
of any aircraft having a maximum certificated takeoff weight of more than
12,500 pounds to a candidate, except for
a candidate who receives expedited
processing under paragraph (b) of this
section, unless—
(1) The flight school has first notified
TSA that the candidate has requested
such flight training.
(2) The candidate has submitted to
TSA, in a form and manner acceptable
to TSA, the following:
(i) The candidate’s full name, including any aliases used by the candidate
or variations in the spelling of the candidate’s name;
(ii) A unique candidate identification
number created by TSA;
(iii) A copy of the candidate’s current, unexpired passport and visa;
(iv) The candidate’s passport and visa
information, including all current and
previous passports and visas held by
the candidate and all the information
necessary to obtain a passport and
visa;
(v) The candidate’s country of birth,
current country or countries of citizenship, and each previous country of citizenship, if any;
(vi) The candidate’s actual date of
birth or, if the candidate does not
know his or her date of birth, the approximate date of birth used consistently by the candidate for his or her
passport or visa;

§ 1552.3

(vii) The candidate’s requested dates
of training and the location of the
training;
(viii) The type of training for which
the candidate is applying, including
the aircraft type rating the candidate
would be eligible to obtain upon completion of the training;
(ix) The candidate’s current U.S.
pilot certificate, certificate number,
and type rating, if any;
(x) Except as provided in paragraph
(k) of this section, the candidate’s fingerprints, in accordance with paragraph (f) of this section;
(xi) The candidate’s current address
and phone number and each address for
the 5 years prior to the date of the candidate’s application;
(xii) The candidate’s gender; and
(xiii) Any fee required under this
part.
(3) The flight school has submitted to
TSA, in a form and manner acceptable
to TSA, a photograph of the candidate
taken when the candidate arrives at
the flight school for flight training.
(4) TSA has informed the flight
school that the candidate does not pose
a threat to aviation or national security, or more than 30 days have elapsed
since TSA received all of the information specified in paragraph (a)(2) of this
section.
(5) The flight school begins the candidate’s flight training within 180 days
of either event specified in paragraph
(a)(4) of this section.
(b) Category 2—Expedited processing
for flight training on aircraft more than
12,500 pounds. (1) A flight school may
not provide flight training in the operation of any aircraft having a maximum certificated takeoff weight of
more than 12,500 pounds to a candidate
who meets any of the criteria of paragraph (b)(2) of this section unless—
(i) The flight school has first notified
TSA that the candidate has requested
such flight training.
(ii) The candidate has submitted to
TSA, in a form and manner acceptable
to TSA:
(A) The information and fee required
under paragraph (a)(2) of this section;
and
(B) The reason the candidate is eligible for expedited processing under

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§ 1552.3

49 CFR Ch. XII (10–1–14 Edition)

paragraph (b)(2) of this section and information that establishes that the
candidate is eligible for expedited processing.
(iii) The flight school has submitted
to TSA, in a form and manner acceptable to TSA, a photograph of the candidate taken when the candidate arrives at the flight school for flight
training.
(iv) TSA has informed the flight
school that the candidate does not pose
a threat to aviation or national security or more than 5 days have elapsed
since TSA received all of the information specified in paragraph (a)(2) of this
section.
(v) The flight school begins the candidate’s flight training within 180 days
of either event specified in paragraph
(b)(1)(iv) of this section.
(2) A candidate is eligible for expedited processing if he or she—
(i) Holds an airman’s certificate from
a foreign country that is recognized by
the Federal Aviation Administration
or a military agency of the United
States, and that permits the candidate
to operate a multi-engine aircraft that
has a certificated takeoff weight of
more than 12,500 pounds;
(ii) Is employed by a foreign air carrier that operates under 14 CFR part
129 and has a security program approved under 49 CFR part 1546;
(iii) Has unescorted access authority
to a secured area of an airport under 49
U.S.C. 44936(a)(1)(A)(ii), 49 CFR 1542.209,
or 49 CFR 1544.229;
(iv) Is a flightcrew member who has
successfully completed a criminal history records check in accordance with
49 CFR 1544.230; or
(v) Is part of a class of individuals
that TSA has determined poses a minimal threat to aviation or national security because of the flight training already possessed by that class of individuals.
(c) Category 3—Flight training on aircraft 12,500 pounds or less. A flight
school may not provide flight training
in the operation of any aircraft having
a maximum certificated takeoff weight
of 12,500 pounds or less to a candidate
unless—
(1) The flight school has first notified
TSA that the candidate has requested
such flight training.

(2) The candidate has submitted to
TSA, in a form and manner acceptable
to TSA:
(i) The information required under
paragraph (a)(2) of this section; and
(ii) Any other information required
by TSA.
(3) The flight school has submitted to
TSA, in a form and manner acceptable
to TSA, a photograph of the candidate
taken when the candidate arrives at
the flight school for flight training.
(4) The flight school begins the candidate’s flight training within 180 days
of the date the candidate submitted the
information required under paragraph
(a)(2) of this section to TSA.
(d) Category 4—Recurrent training for
all aircraft. Prior to beginning recurrent training for a candidate, a flight
school must—
(1) Notify TSA that the candidate has
requested such recurrent training; and
(2) Submit to TSA, in a form and
manner acceptable to TSA:
(i) The candidate’s full name, including any aliases used by the candidate
or variations in the spelling of the candidate’s name;
(ii) Any unique student identification
number issued to the candidate by the
Department of Justice or TSA;
(iii) A copy of the candidate’s current, unexpired passport and visa;
(iv) The candidate’s current U.S.
pilot certificate, certificate number,
and type rating(s);
(v) The type of training for which the
candidate is applying;
(vi) The date of the candidate’s prior
recurrent training, if any, and a copy
of the training form documenting that
recurrent training;
(vii) The candidate’s requested dates
of training; and
(viii) A photograph of the candidate
taken when the candidate arrives at
the flight school for flight training.
(e) Interruption of flight training. A
flight school must immediately terminate or cancel a candidate’s flight
training if TSA notifies the flight
school at any time that the candidate
poses a threat to aviation or national
security.
(f) Fingerprints. (1) Fingerprints submitted in accordance with this subpart
must be collected—

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Transportation Security Administration, DHS
(i) By United States Government personnel at a United States embassy or
consulate; or
(ii) By another entity approved by
TSA.
(2) A candidate must confirm his or
her identity to the individual or agency collecting his or her fingerprints
under paragraph (f)(1) of this section by
providing the individual or agency his
or her:
(i) Passport;
(ii) Resident alien card; or
(iii) U.S. driver’s license.
(3) A candidate must pay any fee imposed by the agency taking his or her
fingerprints.
(g) General requirements—(1) False
statements. If a candidate makes a
knowing and willful false statement, or
omits a material fact, when submitting
the information required under this
part, the candidate may be—
(i) Subject to fine or imprisonment
or both under 18 U.S.C. 1001;
(ii) Denied approval for flight training under this section; and
(iii) Subject to other enforcement action, as appropriate.
(2) Preliminary approval. For purposes
of facilitating a candidate’s visa process with the U.S. Department of State,
TSA may inform a flight school and a
candidate that the candidate has received preliminary approval for flight
training based on information submitted by the flight school or the candidate under this section. A flight
school may then issue an I–20 form to
the candidate to present with the candidate’s visa application. Preliminary
approval does not initiate the waiting
period under paragraph (a)(3) or
(b)(1)(iii) of this section or the period
in which a flight school must initiate a
candidate’s training after receiving
TSA approval under paragraph (a)(4) or
(b)(1)(iv) of this section.
(h) U.S. citizens and nationals and Department of Defense endorsees. A flight
school must determine whether an individual is a citizen or national of the
United States, or a Department of Defense endorsee, prior to providing flight
training to the individual.
(1) U.S. citizens and nationals. To establish U.S. citizenship or nationality
an individual must present to the
flight school his or her:

§ 1552.3

(i) Valid, unexpired United States
passport;
(ii) Original or government-issued
certified birth certificate of the United
States, American Samoa, or Swains Island, together with a governmentissued picture identification of the individual;
(iii) Original United States naturalization certificate with raised seal,
or a Certificate of Naturalization
issued by the U.S. Citizenship and Immigration Services (USCIS) or the U.S.
Immigration and Naturalization Service (INS) (Form N–550 or Form N–570),
together with a government-issued picture identification of the individual;
(iv) Original certification of birth
abroad with raised seal, U.S. Department of State Form FS–545, or U.S. Department of State Form DS–1350, together with a government-issued picture identification of the individual;
(v) Original certificate of United
States citizenship with raised seal, a
Certificate of United States Citizenship
issued by the USCIS or INS (Form N–
560 or Form N–561), or a Certificate of
Repatriation issued by the USCIS or
INS (Form N–581), together with a government-issued picture identification
of the individual; or
(vi) In the case of flight training provided to a Federal employee (including
military personnel) pursuant to a contract between a Federal agency and a
flight school, the agency’s written certification as to its employee’s United
States citizenship or nationality, together with the employee’s government-issued credentials or other Federally-issued picture identification.
(2) Department of Defense endorsees. To
establish that an individual has been
endorsed by the U.S. Department of
Defense for flight training, the individual must present to the flight
school a written statement acceptable
to TSA from the U.S. Department of
Defense attache´ in the individual’s
country of residence together with a
government-issued picture identification of the individual.
(i) Recordkeeping requirements. A
flight school must—
(1) Maintain the following information for a minimum of 5 years:
(i) For each candidate:

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§ 1552.5

49 CFR Ch. XII (10–1–14 Edition)

(A) A copy of the photograph required
under
paragraph
(a)(3),
(b)(1)(iii), (c)(3), or (d)(2)(viii) of this
section; and
(B) A copy of the approval sent by
TSA confirming the candidate’s eligibility for flight training.
(ii) For a Category 1, Category 2, or
Category 3 candidate, a copy of the information required under paragraph
(a)(2) of this section, except the information in paragraph (a)(2)(x).
(iii) For a Category 4 candidate, a
copy of the information required under
paragraph (d)(2) of this section.
(iv) For an individual who is a United
States citizen or national, a copy of
the information required under paragraph (h)(1) of this section.
(v) For an individual who has been
endorsed by the U.S. Department of
Defense for flight training, a copy of
the information required under paragraph (h)(2) of this section.
(vi) A record of all fees paid to TSA
in accordance with this part.
(2) Permit TSA and the Federal Aviation Administration to inspect the
records required by paragraph (i)(1) of
this section during reasonable business
hours.
(j) Candidates subject to the Department of Justice rule. A candidate who
submits a completed Flight Training
Candidate Checks Program form and
fingerprints to the Department of Justice in accordance with 28 CFR part 105
before September 28, 2004, or a later
date specified by TSA, is processed in
accordance with the requirements of
that part. If TSA specifies a date later
than the compliance dates identified in
this part, individuals and flight schools
who comply with 28 CFR part 105 up to
that date will be considered to be in
compliance with the requirements of
this part.
(k) Additional or missed flight training.
(1) A Category 1, 2, or 3 candidate who
has been approved for flight training
by TSA may take additional flight
training without submitting fingerprints as specified in paragraph
(a)(2)(x) of this section if the candidate:
(i) Submits all other information required in paragraph (a)(2) of this section, including the fee; and
(ii) Waits for TSA approval or until
the applicable waiting period expires

before initiating the additional flight
training.
(2) A Category 1, 2, or 3 candidate
who is approved for flight training by
TSA, but does not initiate that flight
training within 180 days, may reapply
for flight training without submitting
fingerprints as specified in paragraph
(a)(2)(x) of this section if the candidate
submits all other information required
in paragraph (a)(2) of this section, including the fee.
§ 1552.5

Fees.

(a) Imposition of fees. The following
fee is required for TSA to conduct a security threat assessment for a candidate for flight training subject to the
requirements of § 1552.3: $130.
(b) Remittance of fees. (1) A candidate
must remit the fee required under this
subpart to TSA, in a form and manner
acceptable to TSA, each time the candidate or the flight school is required
to submit the information required
under § 1552.3 to TSA.
(2) TSA will not issue any fee refunds, unless a fee was paid in error.

Subpart B—Flight School Security
Awareness Training
§ 1552.21

Scope and definitions.

(a) Scope. This subpart applies to
flight schools that provide instruction
under 49 U.S.C. Subtitle VII, Part A, in
the operation of aircraft or aircraft
simulators, and to employees of such
flight schools.
(b) Definitions: As used in this subpart:
Flight school employee means a flight
instructor or ground instructor certificated under 14 CFR part 61, 141, or 142;
a chief instructor certificated under 14
CFR part 141; a director of training certificated under 14 CFR part 142; or any
other person employed by a flight
school, including an independent contractor, who has direct contact with a
flight school student. This includes an
independent or solo flight instructor
certificated under 14 CFR part 61.
§ 1552.23 Security awareness training
programs.
(a) General. A flight school must ensure that—

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Transportation Security Administration, DHS
(1) Each of its flight school employees receives initial and recurrent security awareness training in accordance
with this subpart; and
(2) If an instructor is conducting the
initial security awareness training program, the instructor has first successfully completed the initial flight
school security awareness training program offered by TSA or an alternative
initial flight school security awareness
training program that meets the criteria of paragraph (c) of this section.
(b) Initial security awareness training
program. (1) A flight school must ensure
that—
(i) Each flight school employee employed on January 18, 2005 receives initial security awareness training in accordance with this subpart by January
18, 2005; and
(ii) Each flight school employee hired
after January 18, 2005 receives initial
security awareness training within 60
days of being hired.
(2) In complying with paragraph
(b)(2) of this section, a flight school
may use either:
(i) The initial flight school security
awareness training program offered by
TSA; or
(ii) An alternative initial flight
school security awareness training program that meets the criteria of paragraph (c) of this section.
(c) Alternative initial security awareness training program. At a minimum,
an alternative initial security awareness training program must—
(1) Require active participation by
the flight school employee receiving
the training.
(2) Provide situational scenarios requiring the flight school employee receiving the training to assess specific
situations and determine appropriate
courses of action.
(3) Contain information that enables
a flight school employee to identify—
(i) Uniforms and other identification,
if any are required at the flight school,
for flight school employees or other
persons authorized to be on the flight
school grounds.
(ii) Behavior by clients and customers that may be considered suspicious, including, but not limited to:

§ 1552.23

(A) Excessive or unusual interest in
restricted airspace or restricted ground
structures;
(B) Unusual questions or interest regarding aircraft capabilities;
(C) Aeronautical knowledge inconsistent with the client or customer’s
existing airman credentialing; and
(D) Sudden termination of the client
or customer’s instruction.
(iii) Behavior by other on-site persons that may be considered suspicious, including, but not limited to:
(A) Loitering on the flight school
grounds for extended periods of time;
and
(B) Entering ‘‘authorized access
only’’ areas without permission.
(iv) Circumstances regarding aircraft
that may be considered suspicious, including, but not limited to:
(A) Unusual modifications to aircraft, such as the strengthening of
landing gear, changes to the tail number, or stripping of the aircraft of seating or equipment;
(B) Damage to propeller locks or
other parts of an aircraft that is inconsistent with the pilot training or aircraft flight log; and
(C) Dangerous or hazardous cargo
loaded into an aircraft.
(v) Appropriate responses for the employee to specific situations, including:
(A) Taking no action, if a situation
does not warrant action;
(B) Questioning an individual, if his
or her behavior may be considered suspicious;
(C) Informing a supervisor, if a situation or an individual’s behavior warrants further investigation;
(D) Calling the TSA General Aviation
Hotline; or
(E) Calling local law enforcement, if
a situation or an individual’s behavior
could pose an immediate threat.
(vi) Any other information relevant
to security measures or procedures at
the flight school, including applicable
information in the TSA Information
Publication ‘‘Security Guidelines for
General Aviation Airports’’.
(d) Recurrent security awareness training program. (1) A flight school must
ensure that each flight school employee receives recurrent security
awareness training each year in the
same month as the month the flight

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§ 1552.25

49 CFR Ch. XII (10–1–14 Edition)

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school employee received initial security awareness training in accordance
with this subpart.
(2) At a minimum, a recurrent security awareness training program must
contain information regarding—
(i) Any new security measures or procedures implemented by the flight
school;
(ii) Any security incidents at the
flight school, and any lessons learned
as a result of such incidents;
(iii) Any new threats posed by or incidents involving general aviation aircraft contained on the TSA Web site;
and
(iv) Any new TSA guidelines or recommendations concerning the security
of general aviation aircraft, airports,
or flight schools.
§ 1552.25 Documentation,
recordkeeping, and inspection.
(a) Documentation. A flight school
must issue a document to each flight
school employee each time the flight
school employee receives initial or recurrent security awareness training in
accordance with this subpart. The document must—
(1) Contain the flight school employee’s name and a distinct identification
number.
(2) Indicate the date on which the
flight school employee received the security awareness training.
(3) Contain the name of the instructor who conducted the training, if any.
(4) Contain a statement certifying
that the flight school employee received the security awareness training.
(5) Indicate the type of training received, initial or recurrent.
(6) Contain a statement certifying
that the alternative training program
used by the flight school meets the criteria in 49 CFR 1552.23(c), if the flight
school uses an alternative training program to comply with this subpart.
(7) Be signed by the flight school employee and an authorized official of the
flight school.
(b) Recordkeeping requirements. A
flight school must establish and maintain the following records for one year
after an individual no longer is a flight
school employee:
(1) A copy of the document required
by paragraph (a) of this section for the

initial and each recurrent security
awareness training conducted for each
flight school employee in accordance
with this subpart; and
(2) The alternative flight school security awareness training program used
by the flight school, if the flight school
uses such a program.
(c) Inspection. A flight school must
permit TSA and the Federal Aviation
Administration to inspect the records
required under paragraph (b) of this
section during reasonable business
hours.

PART 1554—AIRCRAFT REPAIR
STATION SECURITY
Subpart A—General
Sec.
1554.1
1554.3

Scope.
TSA inspection authority.

Subpart B—Security Measures
1554.101
1554.103

Security Measures.
Security Directives.

Subpart C—Compliance and Enforcement
1554.201 Notification
of
security
deficiencies; suspension of certificate and review process.
1554.203 Immediate risk to security; revocation of certificate and review process.
1554.205 Nondisclosure of certain information.
AUTHORITY: 49 U.S.C. 114, 40113, 44903, 44924.
SOURCE: 79 FR 2140, Jan. 13, 2014, unless
otherwise noted.

Subpart A—General
§ 1554.1

Scope.

(a) This part applies to repair stations that are certificated by the Federal Aviation Administration (FAA)
pursuant to 14 CFR part 145, except for
a part 145 certificated repair station located on a U.S. or foreign government
military installation.
(b) In addition to the terms in 49 CFR
1500.3 and 1540.5, for purposes of this
part, ‘‘large aircraft’’ means any aircraft with a maximum certificated
takeoff weight of more than 12,500
pounds and ‘‘attended’’ aircraft means
an aircraft to which access is limited
to authorized individuals and property.

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File Typeapplication/pdf
File TitleCFR-2014-title49-vol9-part1552.pdf
AuthorChristina.Walsh
File Modified2019-01-29
File Created2019-01-29

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