[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: 28CFR105.12]

[Page 440-441]
 
                    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. 105.12  Notification for candidates eligible for expedited processing.

    (a) Expedited processing. The Attorney General has determined that 
providing aviation training to certain categories of candidates presents 
a minimal additional risk to aviation or national security because of 
the aviation training already possessed by these individuals or because 
of risk assessments conducted by other agencies. Therefore, the 
following categories of candidates are eligible for expedited 
processing, unless the candidate is an individual specified by the Under 
Secretary of Transportation for Security:
    (1) Foreign nationals who are current and qualified as pilot in 
command, second in command, or flight engineer with respective 
certificates with ratings recognized by the FAA for aircraft with a 
maximum certificated takeoff weight of over 12,500 pounds, or who are 
currently employed and qualified by U.S. regulated air carriers as 
pilots on aircraft with a maximum certificated takeoff weight of 12,500 
pounds or more;
    (2) Foreign nationals who are commercial, governmental, corporate, 
or military pilots of aircraft with a maximum certificated takeoff 
weight of 12,500 pounds or more who are receiving

[[Page 441]]

training on a particular aircraft in connection with the sale of that 
aircraft, provided that the training provided is limited to 
familiarization (i.e., training required by one who is already a 
competent pilot to become proficient in configurations and variations of 
a new aircraft) and not initial qualification or type rating; or
    (3) Foreign military or law enforcement personnel who must receive 
training on a particular aircraft given by the United States to a 
foreign government pursuant to a draw-down authorized by the President 
under section 506(a)(2) of the Foreign Assistance Act of 1961, as 
amended (22 U.S.C. 2318(a)(2)), if the training provided is limited to 
familiarization.
    (b) Notification. Before a Provider may conduct training for a 
candidate eligible for expedited processing under paragraph (a) of this 
section, the Provider must submit the following information to the 
Department:
    (1) The full name of the candidate;
    (2) A unique student identification number created by the Provider 
as a means of identifying records concerning the candidate;
    (3) Date of birth;
    (4) Country of citizenship;
    (5) Passport issuing authority;
    (6) Dates of training; and
    (7) The category of expedited processing under paragraph (a) of this 
section for which the candidate qualifies.
    (c) Commencement of training. (1) The notification must be provided 
electronically to the Department by the Provider in the specific format 
and by the specific means identified by the Department. Notification 
must be made by electronic mail. Only notifications sent from an 
electronic mail address registered as a Provider will be accepted. 
Specific details about the mechanism for the notification will be made 
available by the Department and distributed through the FAA.
    (2) After the complete notification is furnished to the Department, 
the Provider may commence training the candidate as soon as the Provider 
receives a response from the Department that the individual does not 
present a risk to aviation or national security as a result of the risk 
assessment conducted pursuant to section 113 of ATSA and the foreign 
national candidate presents a valid passport establishing his or her 
identity to the Provider. Receipt of this response from the Department 
will be deemed approval by the Department to commence training.
    (d) Records. When a Provider conducts training for a candidate 
eligible for expedited processing, the Provider must retain a copy of 
the relevant pages of the passport and other records to document how the 
Provider made the determination that the candidate was eligible. The 
Provider also must retain certain identifying records regarding the 
candidate, including date of birth, place of birth, passport issuing 
authority, and passport number. The Provider must be able to reference 
these records by the unique student identification number provided to 
the Department pursuant to this section. Providers also are encouraged 
to maintain photographs of all candidates trained by the Provider. Such 
records must be maintained for at least three years following the 
conclusion of training by the Provider. The Provider must also be able 
to use the unique student identification number to cross-reference any 
other documentation that the FAA may require the Provider to retain 
regarding the candidate.