396
49 CFR Ch. XII (10–1–23 Edition)
§ 1552.3
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.
Demonstration flight for marketing pur-
poses means a flight for the purpose of
demonstrating an aircraft’s or aircraft
simulator’s 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 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.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 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 op-
eration of aircraft, aircraft systems, or
cockpit procedures. Ground training
does 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 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.
This section describes the procedures
a flight school must follow before pro-
viding 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 cer-
tificated 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, includ-
ing any aliases used by the candidate
or variations in the spelling of the can-
didate’s name;
(ii) A unique candidate identification
number created by TSA;
(iii) A copy of the candidate’s cur-
rent, 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 citizen-
ship, and each previous country of citi-
zenship, if any;
(vi) The candidate’s 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 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 com-
pletion 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 fin-
gerprints, in accordance with para-
graph (f) of this section;
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(xi) The candidate’s current address
and phone number and each address for
the 5 years prior to the date of the can-
didate’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 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-
didate’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 oper-
ation of any aircraft having a max-
imum certificated takeoff weight of
more than 12,500 pounds to a candidate
who meets any of the criteria of para-
graph (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 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 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 specified in paragraph (a)(2) of this
section.
(v) The flight school begins the can-
didate’s 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 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 car-
rier that operates 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 his-
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 3—Flight training on air-
craft 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 can-
didate’s flight training within 180 days
of the date the candidate submitted the
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49 CFR Ch. XII (10–1–23 Edition)
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information required under paragraph
(a)(2) of this section to TSA.
(d)
Category 4—Recurrent training 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 candidate’s full name, includ-
ing any aliases used by the candidate
or variations in the spelling of the can-
didate’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 cur-
rent, 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 termi-
nate 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 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 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. driver’s license.
(3) A candidate must pay any fee im-
posed 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 train-
ing under this section; and
(iii) Subject to other enforcement ac-
tion, as appropriate.
(2)
Preliminary approval. For purposes
of facilitating a candidate’s 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 preliminary 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 I–20 form to
the candidate to present with the can-
didate’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 De-
partment of Defense endorsees. A flight
school must determine 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, American Samoa, or Swains Is-
land, together with a government-
issued picture identification of the in-
dividual;
(iii) Original United States natu-
ralization certificate with raised seal,
or a Certificate of Naturalization
issued by the U.S. Citizenship and Im-
migration Services (USCIS) or the U.S.
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Immigration and Naturalization Serv-
ice (INS) (Form N–550 or Form N–570),
together with a government-issued pic-
ture identification of the individual;
(iv) Original certification of birth
abroad with raised seal, U.S. Depart-
ment of State Form FS–545, or U.S. De-
partment of State Form DS–1350, to-
gether with a government-issued pic-
ture 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 gov-
ernment-issued picture identification
of the individual; or
(vi) In the case of flight training pro-
vided to a Federal employee (including
military personnel) pursuant to a con-
tract between a Federal agency and a
flight school, the agency’s written cer-
tification as to its employee’s United
States citizenship or nationality, to-
gether with the employee’s govern-
ment-issued credentials or other Feder-
ally-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 indi-
vidual 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 identifica-
tion of the individual.
(i)
Recordkeeping requirements. A
flight school must—
(1) Maintain the following informa-
tion for a minimum of 5 years:
(i) For each candidate:
(A) A copy of the photograph re-
quired 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 eligi-
bility for flight training.
(ii) For a Category 1, Category 2, or
Category 3 candidate, a copy of the in-
formation required under paragraph
(a)(2) of this section, except the infor-
mation 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 para-
graph (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 para-
graph (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 Avia-
tion Administration to inspect the
records required by paragraph (i)(1) of
this section during reasonable business
hours.
(j)
Candidates subject to the Depart-
ment of Justice rule. A candidate who
submits a completed Flight Training
Candidate Checks Program form and
fingerprints to the Department of Jus-
tice 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 finger-
prints as specified in paragraph
(a)(2)(x) of this section if the candidate:
(i) Submits all other information re-
quired in paragraph (a)(2) of this sec-
tion, 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, in-
cluding the fee.
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