Then you need to post your article on AOPA's web site, not here.
When you write "you" here, and post your article here, you are referring to
those of us participating in this newsgroup, not AOPA's web site.
Apparently, your article was just as erroneous as it appeared to be.
Pete
Title 49: Transportation
PART 1552—FLIGHT SCHOOLS
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Section Contents
Subpart A—Flight Training for Aliens and Other Designated Individuals
§ 1552.1 Scope and definitions.
§ 1552.3 Flight training.
§ 1552.5 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.
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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.
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(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
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.
§ 1552.3 Flight training.
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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;
(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
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—
(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:
(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 government-issued
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:
(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.
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(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
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§ 1552.21 Scope and definitions.
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(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.
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(a) General. A flight school must ensure that—
(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:
(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 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.
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(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.
paul k. sanchez, cfii-mei
on eagles’ wings
10643 shore drive
boca raton, florida 33428-5645
305-389-1742 wireless
561-852-6779 home/fax