DOT 49 CFR PART 1552-2010 FLIGHT SCHOOLS.pdf

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1、395 Transportation Security Administration, DHS 1552.1 1550.7 Operations in aircraft of 12,500 pounds or more. (a) Applicability of this section. This section applies to each aircraft oper-ation conducted in an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more except for t

2、hose 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 passen

3、gers, crewmembers, and other persons and their accessible prop-erty (carry-on items) before boarding in accordance with security procedures approved by TSA. (c) Compliance date. Persons identi-fied in paragraph (a) of this section must implement security procedures when notified by TSA. TSA will not

4、ify operators by NOTAM, letter, or other communication when they must imple-ment security procedures. (d) Waivers. TSA may permit a person conducting an operation identified in this section to deviate from the provi-sions of this section if TSA finds that the operation can be conducted safely under

5、the terms of the waiver. PART 1552FLIGHT SCHOOLS Subpart AFlight Training for Aliens and Other Designated Individuals Sec. 1552.1 Scope and definitions. 1552.3 Flight training. 1552.5 Fees. Subpart BFlight School Security Awareness Training 1552.21 Scope and definitions. 1552.23 Security awareness t

6、raining pro-grams. 1552.25 Documentation, recordkeeping, and inspection. AUTHORITY: 49 U.S.C. 114, 44939. SOURCE: 69 FR 56340, Sept. 20, 2004, unless otherwise noted. Subpart AFlight Training for Aliens and Other Designated Individuals 1552.1 Scope and definitions. (a) Scope. This subpart applies to

7、 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 re-ceive such instruction. (b) Definitions. As used in this part: Aircraft simulator means a flight sim-ulat

8、or 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 in-dividual designated by TSA who ap-plies for flight training or recurrent training. It does not include an indi-vidual e

9、ndorsed by the Department of Defense for flight training. Day means a day from Monday through Friday, including State and local holidays but not Federal holi-days, for any time period less than 11 days specified in this part. For any time period greater than 11 days, day means calendar day. Demonstr

10、ation flight for marketing pur-poses means a flight for the purpose of demonstrating an aircrafts or aircraft simulators capabilities or characteris-tics to a potential purchaser, or to an agent of a potential purchaser, of the aircraft or simulator, including an ac-ceptance flight after an aircraft

11、 manu-facturer delivers an aircraft to a pur-chaser. 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

12、.C. Subtitle VII, Part A, in the operation of any aircraft or aircraft simulator. Flight training means instruction re-ceived from a flight school in an air-craft or aircraft simulator. Flight training does not include recurrent training, ground training, a demonstra-tion flight for marketing purpos

13、es, or any military training provided by the Department of Defense, the U.S. Coast Guard, or an entity under contract VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproductio

14、n or networking permitted without license from IHS-,-,-396 49 CFR Ch. XII (10110 Edition) 1552.3 with the Department of Defense or U.S. Coast Guard. Ground training means classroom or computer-based instruction in the op-eration of aircraft, aircraft systems, or cockpit procedures. Ground training d

15、oes not include instruction in an air-craft simulator. National of the United States means a person who, though not a citizen of the United States, owes permanent alle-giance to the United States, and in-cludes a citizen of American Samoa or Swains Island. Recurrent training means periodic training

16、required under 14 CFR part 61, 121,125, 135, or Subpart K of part 91. Re-current training does not include train-ing that would enable a candidate who has a certificate or type rating for a particular aircraft to receive a certifi-cate or type rating for another air-craft. 1552.3 Flight training. Th

17、is section describes the procedures a flight school must follow before pro-viding flight training. (a) Category 1Regular 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 cer-tificated

18、 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,

19、in a form and manner acceptable to TSA, the following: (i) The candidates full name, includ-ing any aliases used by the candidate or variations in the spelling of the can-didates name; (ii) A unique candidate identification number created by TSA; (iii) A copy of the candidates cur-rent, unexpired pa

20、ssport and visa; (iv) The candidates 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 candidates country of birth, current country or countries of citizen-ship, and eac

21、h previous country of citi-zenship, if any; (vi) The candidates actual date of birth or, if the candidate does not know his or her date of birth, the ap-proximate date of birth used consist-ently by the candidate for his or her passport or visa; (vii) The candidates requested dates of training and t

22、he 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 com-pletion of the training; (ix) The candidates current U.S. pilot certificate, certificate number, and type rating, if any

23、; (x) Except as provided in paragraph (k) of this section, the candidates fin-gerprints, in accordance with para-graph (f) of this section; (xi) The candidates current address and phone number and each address for the 5 years prior to the date of the can-didates application; (xii) The candidates gen

24、der; 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 doe

25、s not pose a threat to aviation or national secu-rity, or more than 30 days have elapsed since TSA received all of the informa-tion specified in paragraph (a)(2) of this section. (5) The flight school begins the can-didates flight training within 180 days of either event specified in paragraph (a)(4

26、) of this section. (b) Category 2Expedited processing for flight training on aircraft more than 12,500 pounds. (1) A flight school may not provide flight training in the oper-ation of any aircraft having a max-imum certificated takeoff weight of more than 12,500 pounds to a candidate who meets any o

27、f the criteria of para-graph (b)(2) of this section unless VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-397

28、Transportation Security Administration, DHS 1552.3 (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

29、section; and (B) The reason the candidate is eligi-ble for expedited processing under paragraph (b)(2) of this section and in-formation that establishes that the candidate is eligible for expedited proc-essing. (iii) The flight school has submitted to TSA, in a form and manner accept-able to TSA, a

30、photograph of the can-didate taken when the candidate ar-rives 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 secu-rity or more than 5 days have elapsed since TSA received all of the informa-tion spe

31、cified in paragraph (a)(2) of this section. (v) The flight school begins the can-didates flight training within 180 days of either event specified in paragraph (b)(1)(iv) of this section. (2) A candidate is eligible for expe-dited processing if he or she (i) Holds an airmans certificate from a forei

32、gn 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 car-rier that operate

33、s under 14 CFR part 129 and has a security program ap-proved 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 hi

34、s-tory records check in accordance with 49 CFR 1544.230; or (v) Is part of a class of individuals that TSA has determined poses a mini-mal threat to aviation or national se-curity because of the flight training al-ready possessed by that class of indi-viduals. (c) Category 3Flight training on air-cr

35、aft 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.

36、(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

37、 candidate taken when the candidate arrives at the flight school for flight training. (4) The flight school begins the can-didates 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 4Recurrent train

38、ing for all aircraft. Prior to beginning recur-rent 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 candidates full name, includ-ing any aliases used by the

39、candidate or variations in the spelling of the can-didates name; (ii) Any unique student identification number issued to the candidate by the Department of Justice or TSA; (iii) A copy of the candidates cur-rent, unexpired passport and visa; (iv) The candidates current U.S. pilot certificate, certif

40、icate number, and type rating(s); (v) The type of training for which the candidate is applying; (vi) The date of the candidates prior recurrent training, if any, and a copy of the training form documenting that recurrent training; (vii) The candidates requested dates of training; and VerDate Mar2010

41、 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-398 49 CFR Ch. XII (10110 Edition) 1552.3 (viii) A photograph of the candidate

42、 taken when the candidate arrives at the flight school for flight training. (e) Interruption of flight training. A flight school must immediately termi-nate or cancel a candidates flight training if TSA notifies the flight school at any time that the candidate poses a threat to aviation or national

43、security. (f) Fingerprints. (1) Fingerprints sub-mitted in accordance with this subpart must be collected (i) By United States Government per-sonnel 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

44、or agen-cy 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. drivers license. (3) A candidate must pay any fee im-posed by the agency taking his or her fingerprints. (g) Ge

45、neral 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 flig

46、ht train-ing under this section; and (iii) Subject to other enforcement ac-tion, as appropriate. (2) Preliminary approval. For purposes of facilitating a candidates visa proc-ess with the U.S. Department of State, TSA may inform a flight school and a candidate that the candidate has re-ceived prelim

47、inary approval for flight training based on information sub-mitted by the flight school or the can-didate under this section. A flight school may then issue an I20 form to the candidate to present with the can-didates visa application. Preliminary approval does not initiate the waiting period under

48、paragraph (a)(3) or (b)(1)(iii) of this section or the period in which a flight school must initiate a candidates training after receiving TSA approval under paragraph (a)(4) or (b)(1)(iv) of this section. (h) U.S. citizens and nationals and De-partment of Defense endorsees. A flight school must det

49、ermine whether an in-dividual is a citizen or national of the United States, or a Department of De-fense endorsee, prior to providing flight training to the individual. (1) U.S. citizens and nationals. To es-tablish 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, Amer