[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: 28CFR105.14]

[Page 443-444]
 
                    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. 105.14  Risk assessment for candidates.

    (a) It is the responsibility of the Department of Justice to conduct 
a risk assessment for each candidate. The Department has made an initial 
determination that providing training to the aliens in the categories 
set forth in Sec. 105.12(a) of this part presents minimal additional 
risk to aviation or national security and therefore has established an 
expedited processing procedure for these aliens. Based on the 
information contained in each FTCCP form and the corresponding set of 
fingerprints, the Department will determine whether a candidate not 
granted expedited processing presents a risk to aviation or national 
security.
    (b) After submission of the FTCCP form by the Provider, the 
Department will perform a preliminary risk assessment.
    (1) If the Department determines that a candidate does not present a 
risk to aviation or national security as a result of the preliminary 
risk assessment, the candidate or the Provider will be notified 
electronically that the Provider may supply the candidate with the 
appropriate materials and instructions to complete the fingerprinting 
process described in Sec. 105.13(c) and (d) of this part.
    (2) If the Department determines that the candidate presents a risk 
to aviation or national security, when appropriate, it will notify the 
Provider electronically that training is prohibited.
    (3) For each complete training request submitted by a Provider, the 
Department will promptly conduct an appropriate risk assessment. Every 
effort will be made to respond to a training request in the briefest 
time possible. In routine cases, the Department anticipates granting 
approval to train within a fraction of the 45-day notification period 
after receiving a complete, properly submitted request, including 
fingerprints. In the unlikely event that no notification or 
authorization by the Department has occurred within 45 days after the 
proper submission under these regulations of all the required 
information, the Provider may proceed with the training, upon 
establishing the candidate's identity in accordance with paragraph (c) 
of this section.
    (c) Providers must ascertain the identity of each candidate. For 
candidates who are not citizens or nationals of the United States 
designated by the Under Secretary of Transportation for Security, a 
Provider must inspect the candidate's passport and visa to verify the 
candidate's identity before providing training. Candidates who are 
citizens or nationals of the United States must present the 
documentation described in Sec. 105.11(a) of this part. If the 
candidate's identity cannot be verified, then the Provider cannot 
proceed with training.
    (d) If, at any time after training has begun, the Department 
determines that a candidate subject to this section being trained by a 
Provider presents a risk to aviation or national security, the 
Department shall notify the Provider to cease training. A Provider so 
notified shall immediately cease providing any training to the person, 
regardless of whether or in what manner such training commenced or had 
been

[[Page 444]]

authorized. The Provider who submitted the candidate's identifying 
information will be responsible for ensuring that the training is 
promptly halted, regardless of whether another Provider is currently 
training the candidate.
    (e) With regard to any determination as to an alien candidate's 
eligibility for training, when appropriate, the Department will inform 
the Secretary of State and the Secretary of Homeland Security as to the 
identity of the alien and the determination made.