16880 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 

other entities to screen cargo off-airport 

before it is tendered to aircraft operators 

for transport on passenger aircraft. In 

the absence of such a program, all air 

cargo screening required by the 9/11 

Commission Act would have to be 

accomplished by the aircraft operators 

at the airport. Severe delays and 

economic disruption would result. 

Before issuing the IFR, however, TSA 

needs to collect information during an 

initial pilot program. Accordingly, TSA 

must proceed with a separate ICR for the 

pilot program in order to meet the 

Congressional mandate. This ICR will 

allow TSA to collect two broad 

categories of information from shippers, 

indirect air carriers, and other entities 

that wish to become CCSFs: 

(1) Personal information to allow TSA 

to conduct security threat assessments 

(STA) on key individuals employed by 

the CCSFs; and 

(2) Data demonstrating air cargo 

throughput and other information from 

which TSA can determine eligibility to 

become a CCSF and the effectiveness of 

the CCSF’s performance. 

TSA will certify qualified facilities as 

CCSFs. CCSFs may screen cargo offairport and must implement measures to 

ensure a secure chain of custody from 

the point of screening to the point at 

which the cargo is tendered to the 

aircraft operator or other regulated 

entity for transport. This pilot creates 

several new information collections. 

Outlined below are the specifics of each 

information collection. 

Data Collection 

Entities seeking to become CCSFs are 

required to submit an application to 

TSA at least 90 days before the intended 

date of operation. CCSF applicants will 

submit applications and related 

information either electronically 

through e-mail or through the online Air 

Cargo Document Management System 

under development. TSA will also 

accept applications by postal mail. Once 

TSA approves the application, TSA will 

allow the regulated entity to operate as 

a CCSF in accordance with TSA 

standards. 

TSA will require CCSF applicants to 

ensure that individuals performing 

screening and related functions under 

the IFR have successfully completed an 

STA conducted by TSA. In addition, 

Security Coordinators and their 

alternates for CCSFs will need STAs. 

CCSFs must submit personally 

identifiable information on these 

individuals to TSA so that TSA can 

conduct an STA. 

CCSF facilities must provide 

information on the amount of cargo 

screened at an approved facility. CCSFs 

must also maintain screening and other 

security-related training records. 

Estimated Burden Hours 

TSA has identified four separate 

information collections under this ICR. 

These four collections will affect an 

estimated total of 2,667 unique 

respondents (shippers, indirect air 

carriers, and other entities) over the 

three years of the PRA analysis. 

Collectively, these four information 

collections represent an estimated 

average of 89,011 responses annually, 

for an average annual hour burden of 

152,490 hours. 

1. STAs. All pilot participants will be 

required to have certain employees 

undergo STAs. TSA estimates the time 

to complete an STA application at 15 

minutes per individual. TSA estimates 

an average of 2,667 CCSFs responding 

annually with an average of 20 

applicants each. This yields an 

estimated 53,340 STAs (2,667 CCSFs × 

20 applicants) for CCSFs. From this, we 

derive an annual hour burden of 13,335 

hours (53,340 STAs × 0.25 hrs). 

2. Screening and Other SecurityRelated Training Records. All CCSFs 

will be required to maintain screening 

and other security-related training 

records for employees in the program. 

TSA estimates a time burden of 

approximately five minutes annually for 

each CCSF to file the training records. 

TSA considers the estimated average 

annual CCSFs impacted to be 2,667. 

From this, TSA derives an annual hour 

burden of approximately 221 hours 

(2,667 CCSFs × 0.083 hrs). 

3. Applications. Entities desiring to 

become CCSFs will send TSA an 

application for consideration. TSA 

estimates that it will receive an average 

of 1,000 enrollment applications 

annually, and that these applications 

will require an average of 15 minutes 

each to complete, resulting in an annual 

burden of 250 hours (1,000 CCSFs × 

0.25 hrs). 

4. Cargo Volume Reports. Finally, 

TSA estimates that approximately 2,667 

CCSFs will complete monthly cargo 

volume reports taking approximately 

one hour each week. This creates an 

estimated annual burden of 

approximately 138,684 hours (2,667 

CCSFs × 1 hr × 52 weeks). 

Use of Results 

TSA will use the information gathered 

as part of this pilot program for the 

purpose of ‘‘beta testing’’ the many 

processes and procedures associated 

with the program. TSA will utilize the 

results to evaluate, refine, and improve 

the final certified cargo screening 

program in the IFR. 

Issued in Arlington, Virginia, on April 7, 

2009. 

Ginger LeMay, 

Paperwork Reduction Act Officer, Business 

Improvements and Communications, Office 

of Information Technology. 

[FR Doc. E9–8350 Filed 4–10–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

[Docket No. TSA–2004–19147] 

RIN 1652–ZA16 

Alien Flight Student Program 

Recurrent Training Fees 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice. 

SUMMARY: The Transportation Security 

Administration (TSA) announces the 

imposition of fees for processing alien 

flight students who take recurrent 

training. These fees will cover the cost 

of the security threat assessments of 

these alien flight students. Recent 

statutory amendments authorize TSA to 

establish these fees by notice. 

DATES: This notice is effective 30 days 

from the date of publication in the 

Federal Register. 

ADDRESSES: You may view published 

documents and comments concerning 

the Alien Flight Student Program, 

identified by the docket number of this 

notice, using any one of the following 

methods: 

(1) Searching the Federal Docket 

Management System (FDMS) Web page 

at http://www.regulations.gov; 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

FOR FURTHER INFORMATION CONTACT: 

Johannes M. Knudsen, Alien Flight 

Student Program, Transportation Threat 

Assessment and Credentialing (TTAC), 

TSA–19, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6019. Telephone: 

(571) 227–2188; e-mail: 

Johannes.Knudsen@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

The Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009 

Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 16881 

1Public Law No. 110–329, 543, 122 Stat. 3574, 

3689 (September 30, 2008). 

2TSA published part 1552 pursuant to section 

113 of the Aviation and Transportation Security Act 

(ATSA) and section 612 of Vision 100—Century of 

Aviation Reauthorization Act (49 U.S.C. 44939). 

3The other three categories are: (1) Category 1— 

flight training candidates seeking training in the 

operation of aircraft weighing greater than 12,500 

pounds; (2) Category 2—flight training candidates 

seeking training in the operation of aircraft 

weighing greater than 12,500 pounds, but who 

qualify for expedited processing because of certain 

qualifications; and (3) Category 3—flight training 

candidates seeking training in the operation of 

aircraft weighing 12,500 pounds or less and the 

training is an initial, multi-engine, or instrumentrating training. This notice does not affect 

Categories 1–3 procedures. 

(Appropriations Act of 2009),1 which 

amends 6 U.S.C. 469, requires the 

Secretary of the Department of 

Homeland Security to (1) establish a 

process to determine that an alien who 

takes recurrent flight training is 

properly identified and does not pose a 

threat to aviation or national security; 

and (2) impose reasonable fees to recoup 

the cost of checking recurrent training 

candidates. 

TSA refers to recurrent training as 

Category 4 training. TSA defines 

recurrent training as periodic training 

required for certified pilots under 14 

CFR parts 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. See 49 CFR 1552.1. Further, 

TSA has clarified that recurrent training 

includes training required by a foreign 

national authority that is recognized by 

the Federal Aviation Administration 

(FAA). See TSA Interpretation at Docket 

No. TSA–2004–19147–227. Finally, 

TSA has clarified that recurrent training 

does not include flight review, 

proficiency check, or any other check 

whose purpose is to review rules, 

maneuvers, or procedures, or to 

demonstrate a pilot’s existing skills on 

aircraft with a maximum certificated 

take-off weight of 12,500 pounds or less, 

such as flight review required under 14 

CFR 61.56 or flight experience 

requirements in 14 CFR 61.57. See TSA 

Interpretation at Docket No. TSA–2004– 

19147–0226. 

The Appropriations Act of 2009 

provides: 

[T]he Secretary shall establish a process to 

ensure that an alien (as defined in section 

101(a)(3) of the Immigration and Nationality 

Act) applying for recurrent training in the 

operation of any aircraft is properly 

identified and has not, since the time of any 

prior threat assessment conducted pursuant 

to section 44939(a) of such title, become a 

risk to aviation or national security. 

The Secretary may charge reasonable fees 

under subsection (a) for providing 

credentialing and background investigations 

for aliens in connection with the process for 

recurrent training. * * * Such fees shall be 

promulgated by notice in the Federal 

Register. 

Public Law No. 110–329, 543(2)(b)(1), 

(3) (6 U.S.C. 469(b)(1), (3)). 

II. Recurrent Training Under the Alien 

Flight Student Program 

A. Overview of Alien Flight Student 

Program 

TSA administers the Alien Flight 

Student Program (AFSP) and conducts 

security threat assessments of alien 

flight candidates to determine that they 

do not pose a threat to aviation or 

national security. TSA has codified the 

standards that govern this program at 49 

CFR part 1552 2 and establish which 

alien flight candidates must undergo a 

security threat assessment, the 

information they must provide to TSA 

for the security threat assessment, and 

the fees the candidates must pay to 

cover the cost of the security threat 

assessment. 

Aliens seeking flight instruction fall 

into one of four categories of flight 

instruction, and aliens who take 

recurrent training fall under Category 

4.3 Part 1552, and the statutes 

authorizing the rule, require fees for 

candidates seeking flight training under 

Categories 1–3, and the Appropriations 

Act of 2009 authorizes TSA to establish 

fees for candidates seeking Category 4 

recurrent training. In accordance with 

the Appropriations Act of 2009, TSA, 

through this notice, addresses recurrent 

flight training (Category 4) procedures 

and associated fees. 

B. Security Threat Assessment Process 

To conduct a security threat 

assessment on alien flight candidates, 

TSA needs certain biographic 

information to check the individual 

against terrorism-related databases and 

other governmental information sources, 

and verify identity. Section 1552.3(d) 

currently requires the following 

information from candidates for 

recurrent training requests: (1) Full 

name (and any other names used 

previously); (2) any unique student 

identification number issued previously 

to the candidate by the Department of 

Justice or TSA (such as for other flight 

training); (3) a copy of the candidate’s 

current, unexpired passport and visa, if 

any; (4) the candidate’s current airman 

certificate, issuing country, certificate 

number, and type rating(s); (5) the type 

of training for which the candidate is 

applying; (6) the date of the candidate’s 

prior recurrent training (if any), and a 

copy of the training form documenting 

that recurrent training; (7) the dates and 

location of the candidate’s requested 

training; and (8) a photograph of the 

candidate taken when the candidate 

arrives at the flight school for recurrent 

training. 

In addition to the information listed 

above, TSA will now request 

information gleaned from the 

candidate’s passport, a copy of which is 

required under 49 CFR 1552.3(d)(2)(iii), 

including the candidate’s date of birth, 

gender, birth country, nationality, 

height, weight, eye color, hair color, 

country of citizenship, type of 

citizenship (current, dual, or historical), 

whether citizenship is acquired through 

birth or naturalization, dates of 

citizenship, and passport information 

(issue and expiration date, status, city of 

issuance). Additionally, TSA will 

require contact information to facilitate 

communication between TSA and the 

candidate, such as address, dates at the 

address, phone number(s), and e-mail 

address; and employment information, 

such as occupation, employer’s name, 

phone number, and e-mail address. A 

candidate may also voluntarily indicate 

whether his or her passport was issued 

outside the United States and whether 

it has been renewed. Note that TSA 

currently requires candidates who are 

seeking flight training under Categories 

1–3 to submit this data. TSA has found 

that this contact information greatly 

reduces that amount of time it takes to 

complete a security threat assessment, 

which benefits the candidates and TSA. 

We require this information from 

individuals who work in the maritime 

industry, drivers who are applying for a 

hazardous materials endorsement, and 

air cargo employees. See 49 CFR parts 

1548, 1572. 

On January 5, 2005, TSA issued an 

exemption that reduced the amount of 

information that must be submitted for 

candidates seeking recurrent training to 

the following: (1) Full name and any 

others used previously; (2) date of birth; 

(3) passport number and issuing 

country; (4) airman certificate number, 

the type of airman’s certificate, type 

ratings on the certificate, and issuing 

country of the certificate; and (5) the 

type and dates of training the candidate 

requests. See Docket No. TSA–2004– 

19147–0337. At that time, TSA noted 

that the exemption would remain in 

effect until superseded. TSA now 

rescinds this exemption because the 

16882 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 

information required under the rule (49 

CFR 1552.3(d)) and this notice is 

necessary to conduct threat assessments 

on Category 4 candidates. 

Flight schools must submit all of the 

information required in section 

1552.3(d) and this notice to TSA 

through the AFSP system. TSA will 

describe this process in greater detail on 

the AFSP Web site, including how 

candidates obtain a User ID. 

III. Fees 

A. Standards and Guidelines Used by 

TSA in Developing These Fees 

The total fee will be $70 for each 

Category 4 recurrent training request. 

TSA calculated the fee from a detailed 

analysis of historical data on the actual 

number of Category 4 recurrent training 

candidates (population), the actual cost 

of processing the Category 4 

submissions, the actual cost of 

performing the candidate assessments, 

and the actual cost of maintaining the 

information systems to support the 

process over the past four years. 

B. Costs 

Candidates for recurrent training must 

pay a fee, through their respective flight 

training provider, to cover the following 

costs: 

TABLE 1—AFSP CATEGORY 4 ACTUAL COSTS

Operational year FY2005 FY2006 FY2007 FY2008 Total 

Cost Components: 

Threat Analysis ............................................................. $20,770 $22,150 $23,917 $23,524 $90,361 

Enrollments ................................................................... 1,063,100 746,969 1,014,875 818,778 3,643,722 

Program Management .................................................. 243,940 402,850 525,634 353,148 1,525,572 

Hardware/Software ....................................................... 264,806 110,392 119,408 95,301 589,907 

Program Administration ................................................ 48,579 42,194 40,969 38,138 169,880 

Grand Totals .......................................................... 1,641,195 1,324,555 1,724,803 1,328,889 6,019,442 

For the TSA security threat 

assessment, each Category 4 candidate’s 

information will be checked against 

multiple databases and other 

information sources so that TSA can 

determine whether the candidate poses 

a security threat that warrants denial of 

approval of the training request. TSA 

must establish and maintain the 

appropriate systems, resources, and 

personnel to ensure that the candidate’s 

information is appropriately linked, and 

that TSA will be able to receive and act 

on the results of the security threat 

assessment. TSA must have the 

necessary resources—including labor, 

equipment, database access, and 

overhead—to adjudicate the results of 

the security threat assessment and 

complete the security threat assessment 

process. 

An analysis of historical costs 

necessary to conduct candidate 

assessments for this category of 

applicants indicates that $6,019,442 has 

been expended by TSA in fiscal years 

2005–2008. The historical costs include 

$90,361 for threat analysis, $3,643,722 

for enrollment, $1,525,572 for program 

management, $589,907 for hardware 

and software, and $169,880 for program 

administration costs necessary to 

facilitate the processing. 

C. Population 

An analysis of historical data on 

Category 4 candidates in fiscal years 

2005–2008 indicates that 85,638 

training requests have been processed 

under this category. The analysis 

indicates the following training requests 

for each fiscal year. 

TABLE 2: AFSP CATEGORY 4 ACTUAL POPULATION

Operational year FY2005 FY2006 FY2007 FY2008 Total 

Annual Candidates for Category 4 recurrent training .......... 16,417 17,248 29,373 22,600 85,638 

Grand Total ................................................................... 16,417 17,248 29,373 22,600 85,638 

D. Total Fee 

The fee TSA charges will recover all 

costs related to the security threat 

assessment process. TSA has 

determined that the fee required to fully 

recover the candidate assessment costs 

will be $70 per candidate. The $70 fee 

was determined by dividing the actual 

number of historical training requests 

(85,638) into the actual historical cost 

($6,019,442) of services for this 

category. 

TSA will continue work to minimize 

program costs. Additionally, in 

accordance with statutory financial 

management requirements, TSA is 

required to review fees no less than 

every two years. See 31 U.S.C. 902(a)(8). 

Upon review, if it is found that the fees 

are either too high (total fees exceed the 

total cost to provide the services) or too 

low (total fees do not cover the total 

costs to provide the services), TSA will 

adjust the fee. If TSA adjusts the fees for 

this reason, TSA will publish a notice 

in the Federal Register apprising the 

public of the change. 

Issued in Arlington, Virginia, on April 8, 

2009. 

Gale Rossides, 

Deputy Administrator, Transportation 

Security Administration. 

[FR Doc. E9–8349 Filed 4–10–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

Compendium of Flood Map Changes 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of availability. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) 

announces the availability of the 

Compendium of Flood Map Changes, 

which provides a listing of changes 

made to the National Flood Insurance 

Program (NFIP) maps that went into 

effect from July 1, 2008, through