49 C.F.R. § 1552.3

Current through May 31, 2024
Section 1552.3 - [Effective 7/30/2024] Terms used in this part

In addition to the terms in §§ 1500.3 and 1540.5 of this chapter, the following terms apply to this part:

Aircraft simulator means a flight simulator or flight training device, as those terms are defined under 14 CFR part 61 . Simulated flights for entertainment purposes or personal computer, video game, or mobile device software programs involving aircraft flight are not aircraft simulators for purposes of the requirements in this part.

Candidate means a non-U.S. citizen who applies for flight training or recurrent training from a flight training provider. The term does not include foreign military personnel who are endorsed for flight training by the U.S. Department of Defense (DoD), as described in § 1552.7(a)(2); and does not include a non-U.S. citizen providing in-aircraft or in-simulator services or support to another candidate's training event (commonly referred to as "side-seat support") if the individual providing this support holds a type rating or other set of pilot certificates required to operate the aircraft or simulator in which the supported individual is receiving instruction.

Demonstration flight for marketing purposes means a flight for the purpose of demonstrating aircraft capabilities or characteristics to a potential purchaser; an orientation, familiarization, discovery flight for the purpose of demonstrating a flight training provider's training program to a potential candidate; or an acceptance flight after an aircraft manufacturer delivers an aircraft to a purchaser.

DoD means the Department of Defense.

DoD endorsee means a non-U.S. citizen who is or will be employed as a pilot by a foreign military, endorsed by the DoD or one of its component services, and validated by a DoD attache for flight training as required by § 1552.7(a)(2).

Determination of Eligibility means a finding by TSA, upon completion of a security threat assessment, that an individual meets the standards of a security threat assessment, and is eligible for a program, benefit, or credential administered by TSA.

Determination of Ineligibility means a finding by TSA, upon completion of a security threat assessment, that an individual does not meet the standards of a security threat assessment, and is not eligible for a program, benefit, or credential administered by TSA.

Flight training means instruction in a fixed-wing or rotary-wing aircraft or aircraft simulator that is consistent with the requirements to obtain a new skill, certificate, or type rating, or to maintain a pilot certificate or rating. For the purposes of this rule, flight training does not include instruction in a balloon, glider, ultralight, or unmanned aircraft; ground training; demonstration flights for marketing purposes; simulated flights for entertainment purposes; or any flight training provided by the DoD, the U.S. Coast Guard, or any entity providing flight training under a contract with the DoD or the Coast Guard.

Flight training provider means-

(1) Any person that provides instruction under 49 U.S.C. subtitle VII, part A, in the operation of any aircraft or aircraft simulator in the United States or outside the United States, including any pilot school, flight training center, air carrier flight training facility, or individual flight instructor certificated under 14 CFR parts 61, 121, 135, 141, or 142;
(2) Similar persons certificated by foreign aviation authorities recognized by the Federal Aviation Administration (FAA), who provide flight training services in the United States; and
(3) Any lessor of an aircraft or aircraft simulator for flight training, if the person leasing their equipment is not covered by paragraph (1) or (2) of this definition.

Flight training provider employee means an individual who provides services to a flight training provider in return for financial or other compensation, or a volunteer, and who has direct contact with flight training students and candidates. A flight training provider employee may be an instructor, other authorized representative, or independent contractor.

Flight Training Security Program (FTSP) means the TSA program that provides regulatory oversight of the requirements in this part and provides related resources for individuals within the scope of this part.

FTSP Portal means a website that must be used to submit and receive certain information and notices as required by this part.

FTSP Portal account means an account created to access the FTSP Portal.

Recurrent training means

(1) Periodic flight training-
(i) Required for certificated pilots under 14 CFR parts 61, 121, 125, 135, or subpart K of part 91 to maintain a certificate or type rating; or
(ii) Similar training required by a civil aviation authority recognized by the FAA and conducted within the United States and its territories.
(2) Recurrent training does not include-
(i) Training that may be credited toward a new certificate or a new type rating; or
(ii) Checks or tests that do not affect the validity of the certificate(s) or the qualifications of a type rating.

Security threat means an individual determined by TSA to pose or to be suspected of posing a threat to national security, to transportation security, or of terrorism.

Security threat assessment means both a product and process of evaluating information regarding an individual seeking or holding approval for a program administered by TSA, including criminal, immigration, intelligence, law enforcement, and other security-related records, to verify the individual's identity and to determine whether the individual meets the eligibility criteria for the program. An individual who TSA determines is a security threat, or who does not otherwise meet the eligibility criteria for the program, is ineligible for that program.

Simulated flight for entertainment purposes means a ground-based aviation experience offered exclusively for the purpose of entertainment by a person that is not a flight training provider. Any simulated aviation experience that could be applied or credited toward an airman certification is not a simulated flight for entertainment purposes.

Type rating means an endorsement on a pilot certificate that the holder of the certificate has completed the appropriate training and testing required by a civil or military aviation authority to operate a certain make and type of aircraft.

49 C.F.R. §1552.3

89 FR 35626, 7/30/2024