[Federal Register: February 8, 2002 (Volume 67, Number 27)]
[Notices]
[Page 6051-6052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe02-100]
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DEPARTMENT OF JUSTICE
Provision of Aviation Training to Certain Alien Trainees,
Additional Categories of Provisional Advance Consent
AGENCY: Department of Justice.
ACTION: Notice of advance consent for providing aviation training to
certain alien trainees.
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SUMMARY: Under section 113 of the Aviation and Transportation Security
Act (ATSA), training providers subject to regulation by the Federal
Aviation Administration (FAA) are prohibited from providing training to
aliens in the operation of aircraft with a maximum certificated takeoff
weight of 12,500 pounds or more, unless they provide prior notification
to the Attorney General. This notice temporarily grants advance consent
for the training of certain categories of aliens, without requiring
that they provide identifying information to the Attorney General,
based on a provisional finding that they do not constitute a risk to
aviation or national security at this time.
DATES: This notice is effective February 8, 2002, and remains in effect
until further notice.
FOR FURTHER INFORMATION CONTACT: Steven C. McCraw, Director, Foreign
Terrorist Tracking Task Force, U.S. Department of Justice, 950
Pennsylvania Avenue, NW, Washington, DC 20530, Telephone (703) 414-
9535.
SUPPLEMENTARY INFORMATION: On November 19, 2001, Congress enacted the
Aviation and Transportation Security Act (ATSA), Pub. L. 107-71. Upon
enactment, section 113 of the ATSA imposed new constrictions on persons
subject to regulation under Title 49 subtitle VII part A, United States
Code, with respect to providing aviation training to aliens. Persons
subject to regulation under Title 49 subtitle VII Part A, United States
Code, include individual training providers, certificated carriers, and
flight schools (hereinafter collectively referred to as ``training
providers''). Pursuant to section 113, training providers must provide
the Attorney General with the alien's identification in such form as
the Attorney General may require in order to initiate a security risk
assessment by the Department of Justice. After notification, the
Attorney General then has 45 days to inform the training provider that
the alien should not be given the requested training because he or she
presents a risk to aviation or national security. If the Attorney
General does not indicate that the person is a risk within this 45-day
review period, then the training provider may proceed with training.
The ATSA, however, permits the Attorney General to interrupt training
if he later determines that the alien poses a risk to aviation or
national security. The Attorney General has delegated his authority
under section 113 to the Director of the Foreign Terrorist Tracking
Task Force. The Department plans to publish implementation procedures
shortly to provide a means by which training providers may notify the
Attorney General with respect to covered individuals seeking aviation
instruction who are not eligible for advance consent in order to
initiate the Department of Justice's 45-day review period.
On January 16, 2002, the Department published a notice in which it
granted advance consent for certain categories of aliens to begin
aviation training (the ``First Advance Consent Notice''). 67 FR 2238
(Jan. 16, 2002). As discussed in that notice, the Department recognized
that section 113 of the ATSA became immediately effective, and that
training providers have been forced to suspend the training of aliens
covered by the ATSA pending the implementation of the process for
notification to the Attorney General. Because the suspension of
training imposed a substantial economic burden on regulated training
providers, the Department granted provisional advance consent,
effective January 15, 2002, for training providers to resume aviation
training for certain categories of aliens who appeared to pose a risk
to aviation and national security which was sufficiently minimal that
the Department would not deny them training. This notice supercedes the
notice published in the Federal Register on January 16, 2002. 67 FR
2238 (Jan. 16, 2002). Any training commenced in compliance with that
notice, however, remains valid and may continue.
Provisional Advance Consent for the Training of Certain Aliens
Since publication of the First Advance Consent Notice, the
Department has continued to analyze the types of aliens seeking
aviation training. The Department continues to believe that the primary
intent of Congress regarding the enactment of this statute was to
prevent potentially dangerous aliens from being taught how to pilot
aircraft with a maximum certificated takeoff weight of 12,500 pounds or
more. Based on that standard, it appears that certain categories of
aliens pose little such risk. For example, currently licensed pilots
who seek recurrent training already know how to fly the aircraft for
which they wish to maintain proficiency. Denying such retraining would
appear to offer no benefit to aviation or national security. Indeed,
the purpose behind recurrent training is to make flying safer for the
public.
The Department has determined that advance consent for aviation
training could be granted to additional categories of aliens who appear
not to pose the risk to aviation or national security contemplated by
Congress in section 113 of the ATSA. The new categories of aliens
identified by the Department have some overlap with respect to the
three categories previously identified in the First Advance Consent
Notice. Therefore, in order to prevent confusion, this notice
supercedes the First Advance Consent Notice. Any training commenced in
compliance with the First Advance Consent Notice, however, remains
valid and may
[[Page 6052]]
continue. The Department will revisit this provisional advance consent
when it promulgates any necessary implementing regulations to determine
whether these pilots should continue to be granted advance consent.
Effective immediately and until further notice, the Department is
granting a provisional advance consent for the training of the
following categories of aliens, based on a determination that they do
not appear to pose a risk to aviation or national security:
(1) Foreign nationals who are current and qualified as pilot in
command, second in command, or flight engineer with respective
certificates and ratings recognized by the United States for aircraft
with a maximum certificated takeoff weight of 12,500 pounds or more;
(2) Military pilots or other crew members who are being provided
training by a component of the Department of Defense or the U.S. Coast
Guard, or pursuant to a contract awarded by a component of the
Department of Defense or the U.S. Coast Guard;
(3) Military pilots or other crew members who are being provided
training pursuant to an export authorization of the Department of
State, provided such authorization was issued prior to February 1, 2002
and that the training was scheduled to commence prior to April 1, 2002;
and
(4) Commercial, governmental, corporate or military pilots of
aircraft with a maximum certificated takeoff weight of 12,500 pounds or
more who must receive familiarization training on a particular aircraft
in order to transport it to the purchaser or recipient, provided that
the training provided be limited to familiarization and not basic
flight instruction.
The categories covering military pilots were devised after
consulting with the Departments of Defense and State. Based on these
consultations, the Department believes that military pilots training
under the auspices of the Department of Defense or Coast Guard are
thoroughly investigated prior to training and pose no risk to aviation
or national security. Aliens being trained pursuant to export
authorizations of the Department of State, however, are not always
investigated to the same extent. As a result, the Department is
limiting the advance consent for this category to certain aliens
already scheduled for training, as these were not found to constitute a
risk to aviation or national security.
Determination of Status as a U.S. Citizen or National or as an
Alien
Section 113 of the ATSA applies to all aliens as defined in section
101(a)(3) of the Immigration and Nationality Act, but does not
currently apply to citizens or nationals of the United States.
Accordingly, training providers must make a determination as to whether
or not a prospective trainee is an alien. If the prospective trainee
establishes that he or she is a citizen or national of the United
States, the restrictions of section 113 do not apply.
Training providers should require appropriate proof of citizenship
or nationality from all trainees who claim to be citizens or nationals
of the United States, before commencing aviation training on aircraft
with a maximum certificated takeoff weight of 12,500 pounds or more.
This requirement is necessary to prevent aliens from falsely claiming
to be United States citizens or nationals in order to evade the
Department's security risk assessment.
The Department believes that the following documents are sufficient
to establish proof of citizenship or nationality:
(1) A valid, unexpired United States passport;
(2) An original birth certificate with raised seal documenting
birth in the United States or one of its territories;
(3) An original U.S. naturalization certificate with raised seal,
Form N-550 or Form N-570;
(4) An original certification of birth abroad, Form FS-545 or Form
DS-1350; or
(5) An original certificate of U.S. citizenship, Form N-560 or Form
N-561.
(6) In the case of training provided to a federal employee pursuant
to a contract between a U.S. Government agency and a training provider,
the agency's written certification as to its employee's U.S.
citizenship may be accepted as sufficient proof of such citizenship.
If a training provider has questions about the documents above or
any other documentation presented by a person who claims to be a
citizen or national of the United States, the training provider may
seek further guidance from the Department, the Immigration and
Naturalization Service, or the appropriate federal agency.
Commencement of Aviation Training for Aliens Granted Advance
Consent
After a training provider reasonably determines that a prospective
alien trainee falls within one of the four advance consent categories,
the training provider may proceed with training the alien immediately
and does not have to submit any identifying information to the
Department. The training provider, however, should retain records to
document how the training provider made the determination that the
alien was eligible for advance consent. Appropriate measures will be
taken by the Department with respect to any alien who is determined to
pose a risk to aviation or national security. Available civil and/or
criminal penalties will be pursued with respect to any training
provider who knowingly or negligently provides training to aliens not
covered by this notice.
Dated: February 4, 2002.
Steven C. McCraw,
Director, Foreign Terrorist Tracking Task Force.
[FR Doc. 02-3070 Filed 2-7-02; 8:45 am]
BILLING CODE 4410-19-P
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