[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: 28CFR105.13]

[Page 441-443]
 
                    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. 105.13  Notification for candidates not eligible for expedited processing.

    (a) A Provider must submit a complete Flight Training Candidate 
Checks Program (FTCCP) form and arrange for the submission of 
fingerprints to the Department in accordance with this section prior to 
providing flight training, except with respect to persons whom the 
Provider has determined, as provided in Sec. 105.11 of this part, are 
not subject to a security risk assessment. A separate FTCCP form must be 
submitted for each course or instance of training requested by a 
candidate. A set of fingerprints must be submitted in accordance with 
this rule prior to the commencement of any training. Where a Provider 
enlists the assistance of another Provider in training a candidate, no 
additional request need be submitted, as long as the specific instance 
of training has been approved.
    (b) The completed FTCCP form must be sent to the Attorney General 
via

[[Page 442]]

electronic submission at https://www.flightschoolcandidates.gov. The 
form must be submitted no more than three months prior to the proposed 
training dates. No paper submissions of this form will be accepted.
    (1) In order to ensure that such electronic submissions are made by 
FAA certificated training providers, Providers must receive initial 
access to the system through the FAA. Providers should register through 
their local FAA Flight Standards District Offices. The FAA has decided 
that registration will be only by appointment. Upon registration, 
Providers will be sent (via electronic mail) an access password to use 
the system.
    (2) Candidates may complete the online FTCCP form at https://
www.flightschoolcandidates.gov to reduce the burden on the Provider. 
After the form has been completed by a candidate, it will be forwarded 
electronically to the Provider for verification that the candidate is a 
bona fide applicant. Verification by the Provider will be considered 
submission of the form for purposes of paragraph (a) of this section. To 
reduce the burden on the candidates, personal information needs only to 
be updated, rather than reentered, for each subsequent training request.
    (c) Candidates must submit fingerprints to the Federal Bureau of 
Investigation (FBI) as part of the identification process. These 
fingerprints must be taken by, or under the supervision of, a federal, 
state, or local law enforcement agency, or by another entity approved by 
the Director of the Foreign Terrorist Tracking Task Force, in 
consultation with the FBI's Criminal Justice Information Services 
Division. Where available, fingerprints may be taken by U.S. government 
personnel at a United States embassy or consulate. Law enforcement 
agencies and U.S. diplomatic installations are not required to 
participate in this process, but their cooperation is strongly 
encouraged. Any individual taking fingerprints as part of the 
notification process must comply with the following requirements when 
taking and processing fingerprints to ensure the integrity of the 
process:
    (1) Candidates must provide two forms of identification at the time 
of fingerprinting. In the case of aliens, one of the forms of 
identification must be the individual's passport. In the case of United 
States citizens or nationals designated by the Under Secretary of 
Transportation for Security, a valid photo driver's license issued in 
the United States may be submitted in lieu of a passport;
    (2) The fingerprints must be taken under the direct observation of a 
law enforcement or consular officer, or another specifically authorized 
individual. Individuals other than law enforcement or consular officers 
will only be approved on a case-by-case basis by the Director of the 
Foreign Terrorist Tracking Task Force, in consultation with the FBI's 
Criminal Justice Information Services Division, upon a showing that they 
possess the necessary training and will ensure the integrity of the 
fingerprinting process;
    (3) The fingerprints must be processed by means approved by the 
Director of the Foreign Terrorist Tracking Task Force, in consultation 
with the FBI's Criminal Justice Information Services Division;
    (4) The fingerprint submissions must be forwarded to the FBI in the 
manner specified by the Director of the Foreign Terrorist Tracking Task 
Force, in consultation with the FBI's Criminal Justice Information 
Services Division;
    (5) Officials taking fingerprints must ensure that any fingerprints 
provided to the FBI are not placed within the control of the candidate 
or the Provider at any time; and
    (6) Candidates must pay for all costs associated with taking and 
processing their fingerprints.
    (d) In accordance with Public Law 101-515, as amended, the Director 
of the FBI is authorized to establish and collect fees to process 
fingerprint identification records and name checks for certain purposes, 
including non-criminal justice and licensing purposes. In addition to 
the cost to the FBI for conducting its review, other fees may be 
imposed, including the cost of taking the fingerprints and the cost of 
processing the fingerprints and submitting them to the FBI for review. 
Because the total fee may vary by agency, the

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candidate must check with the entity taking the fingerprints to 
determine the applicable total fee. This payment must be made at the 
designated rate for each set of fingerprints submitted.
    (e) In some cases, candidates seeking training from Providers abroad 
may be unable to obtain fingerprints. If a Provider located in a country 
other than the United States can demonstrate that compliance with the 
fingerprint requirement is not practicable, a temporary waiver of the 
requirement may be requested by contacting the Foreign Terrorist 
Tracking Task Force. The Director of the Foreign Terrorist Tracking Task 
Force will have the discretion to grant the waiver, deny the waiver, or 
prescribe a reasonable, alternative manner of complying with the 
fingerprint requirement for each Provider location.
    (f) The 45-day review period by the Department will not start until 
all the required information has been submitted, including fingerprints.