Welcome to Flightinfo.com

  • Register now and join the discussion
  • Friendliest aviation Ccmmunity on the web
  • Modern site for PC's, Phones, Tablets - no 3rd party apps required
  • Ask questions, help others, promote aviation
  • Share the passion for aviation
  • Invite everyone to Flightinfo.com and let's have fun

TSA to save the day, again!

Welcome to Flightinfo.com

  • Register now and join the discussion
  • Modern secure site, no 3rd party apps required
  • Invite your friends
  • Share the passion of aviation
  • Friendliest aviation community on the web

TZRav8r

Unregistered User
Joined
Nov 18, 2003
Posts
51
[font=ARIAL,HELVETICA]AOPA raises concerns over TSA "alien training" rule[/font]

After a comprehensive review, AOPA is raising concerns that the Transportation Security Administration's "alien training" rule may hit every U.S. pilot, flight instructor, and flight school. Unless TSA clarifies that U.S. citizens are exempt, AOPA believes the rule could be interpreted to mean that, starting next month, they would not be able to complete flight training — including flight reviews — without first going through some type of TSA check.

"That clearly was not the intent of Congress," said AOPA President Phil Boyer. "We worked with lawmakers as they were drafting 'Vision 100,' the FAA reauthorization act, to make sure TSA focused on the problem — foreign terrorists attempting to get flight training in the United States."

But after a careful parsing of the rule's language by AOPA's legal and regulatory staff, the association has determined the potential impact is significant.

AOPA expressed its concerns over the new rule during a weekly transportation security teleconference with TSA officials on Thursday and in numerous discussions with TSA policy staff.

TSA Administrator Adm. David Stone assured AOPA that the agency's intent was to vet foreign nationals, not U.S. citizens, applying for flight training. He said the agency does not want to harm the industry, and he has directed his staff to work with AOPA.

"We accept in good faith Adm. Stone's representation of the intent of the rule," said Boyer. "But we also have long experience in dealing with federal regulations. We know that at some point, the most restrictive interpretation permitted by the letter of the rule will likely be applied.

"It is absolutely essential that TSA clarify, in writing, that this rule does not apply to U.S. citizens," said Boyer.

The Vision 100 law requires TSA to set rules to vet foreign flight students to screen out potential terrorists. TSA issued the "interim final rule" on "Flight Training for Aliens and Other Designated Individuals" September 20 without the normal public review and comment period. TSA said the "security benefits" of the rule justified bypassing the normal public process.

"This is a perfect example of why there is normally a public review and comment process for federal regulations," said Boyer. "It provides an opportunity to catch the unintended consequences before they hurt people."

As AOPA is interpreting the rule, a pilot is required to prove to the flight school (TSA considers freelance or independent flight instructors as flight schools for the purposes of the rule) that he's a U.S. citizen before taking any flight training. And that proof must be an original birth certificate, a valid U.S. passport, or other federal government-issued proof of citizenship.

The CFI or flight school is required to copy that information and keep it on file for five years. The flight school must take a photo of the pilot when he reports for training and forward the photo to TSA. The photo also has to be kept on file for five years.

The flight school must notify TSA that a student wants to start flight training, and TSA must vet and approve the student.

To get TSA's approval, any pilot seeking flight training will have to submit a form and obtain a unique TSA ID number. TSA also wants the pilot's full name and any aliases, a copy of his unexpired passport and visa, country of birth and current country of citizenship, birth date, requested dates and location of training, type of flight training, and the pilot's U.S. pilot certificate number and type rating, if any.

In addition, TSA is demanding to know the pilot's addresses and telephone numbers for the past five years, and the agency requires the pilot's fingerprints, collected by "United States government personnel...or by an entity approved by TSA."

TSA will charge $130 to process the application.

Pilots training in aircraft weighing less than 12,500 pounds can start their training without TSA's approval (assuming all of the required information and notifications have been submitted), but if TSA notifies the instructor or school that the pilot is a threat, training must stop.

TSA is requiring all flight instructors and flight schools to register through their local flight standards district office (FSDO). But TSA apparently hasn't yet coordinated that with the FAA.

"We don't think TSA appreciates the enormity of that task, particularly with the very short time frame," said Boyer. "There are more than 86,000 flight instructors in the U.S."

Instructors and schools also have to undergo TSA-approved recurrent "security awareness" training and maintain documentation of that training. And all required documentation is subject to TSA audit. (See "TSA issues alien training rule.")

"We'll continue to work with TSA to ensure that the rule does not apply to U.S. citizens," said Boyer.

[font=Arial,Helvetica,sans-serif][size=-2]September 23, 2004[/size][/font]
 
So, as I interpret this, if I'm a PPL, US citizen, and I want to go get my Comm, I have to apply to a flight school, the TSA, the FAA, and God, before I can start class??
 
sky37d said:
So, as I interpret this, if I'm a PPL, US citizen, and I want to go get my Comm, I have to apply to a flight school, the TSA, the FAA, and God, before I can start class??

No, this whole procedure is only for non-Citizens. Plus you have to apply for a Student visa too, if you are a non-resident.

"Funny" part is, that even if you lived here many years as a greencard holder and worked already as a pilot, you still have to be screened for recurrent. This was so far only limited to >12.5K, but is now true for everybody.

I'm glad that they finally screen that Brit CFI, who instructed for the past 20 Years at the airport next door before his next BFR, makes me feel so much safer. :confused:

(This was meant satirical;) )
 
The procedure is for non-citizens, but ass written, it applies to everyone. So it means that they CFI who has a student in training, must now get the student certified by TSA.
 
Sunnfun, you may have missed AOPA's point. They have said that the new rule, as currently written, also requires US citizens to undergo the full background approval prior to training. All of that info; pictur, passport number, etc. must be forwarde to the TSA and FAA, along with a fat check, and then kept on file for five years. If I read correctly, the TSA is also requiring CFI's to register through the FSDO. Register for what? A cash drawing?! Doubtful, and doesn't the FAA already know I'm a CFI...

TSA=Nazi stormtroopers
 
TZRav8r said:
http://www.faasafety.gov/notices/2004-Sep/24_New_TSA_Rule_9-27-04.doc

The rule in its current state requires ALL students, citizens or not. AOPA didn't mention finger prints but guess what!
Actually, they did mention finger prints. At least on their website they did. Oh, and by an 'approved' agency. presumably that would leave out the local JP, maybe the local FBI, who knows what 'they' consider approved.
 
DCitrus9 said:
Sunnfun, you may have missed AOPA's point. They have said that the new rule, as currently written, also requires US citizens to undergo the full background approval prior to training.

The way I read the new ruling, which you can read here, specifies "Alliens and other Individuals designated by the TSA". So yes, those "designated" by the TSA MAY include Citizens, but it 100% includes ALL non-citizens. That was my point, sorry if it came across a little blurry.

Anyways, the whole thing will very very likely destroy hundreds (maybe thousands) of jobs at flightschools across the country.
 

Latest resources

Back
Top