[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR105.11]

[Page 440]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 105--SECURITY RISK ASSESSMENTS--Table of Contents
 
Subpart B--Aviation Training for Aliens and Other Designated Individuals
 
Sec. 105.11  Individuals not requiring a security risk assessment.

    (a) Citizens and nationals of the United States. A citizen or 
national of the United States is not subject to section 113 of ATSA 
unless otherwise designated by the Under Secretary of Transportation for 
Security. A Provider must determine whether a prospective trainee is a 
citizen or national of the United States prior to providing training in 
the operation of an aircraft with a maximum certificated takeoff weight 
of 12,500 pounds or more. To establish United States citizenship or 
nationality, the prospective trainee must show the Provider from whom he 
or she seeks training any of the following documents as proof of United 
States citizenship or nationality:
    (1) A valid, unexpired United States passport;
    (2) An original or government-issued certified birth certificate 
with a registrar's raised, embossed, impressed or multicolored seal, 
registrar's signature, and the date the certificate was filed with the 
registrar's office, which must be within 1 year of birth, together with 
a government-issued picture identification of the individual named in 
the birth certificate (the birth certificate must establish that the 
person was born in the United States or in an outlying possession, as 
defined in section 101(a)(29) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(29)));
    (3) An original United States naturalization certificate with raised 
seal, INS Form N-550 or INS Form N-570, together with a government-
issued picture identification of the individual named in the 
certificate;
    (4) An original certification of birth abroad with raised seal, 
Department of State Form FS-545 or Form DS-1350, together with a 
government-issued picture identification of the individual named in the 
certificate;
    (5) An original certificate of United States citizenship with raised 
seal, INS Form N-560 or Form N-561, together with a government-issued 
picture identification of the individual named in the certificate; or
    (6) In the case of training provided to a federal employee 
(including military personnel) pursuant to a contract between a federal 
agency and a Provider, the agency's written certification as to its 
employee's United States citizenship/nationality, together with the 
employee's government-issued credentials or other federally-issued 
picture identification.
    (b) Exception. Notwithstanding paragraph (a) of this section, a 
Provider is required to provide notification to the Attorney General 
with respect to any individual specified by the Under Secretary of 
Transportation for Security. Individuals specified by the Under 
Secretary of Transportation for Security will be identified by 
procedures developed by the Department of Transportation and are not 
eligible for expedited processing under Sec. 105.12 of this part.