TSA audits
Are you keeping good records?
Of particular interest to flight instructors and flight schools are the Transportation Security Administration’s regulations enacted after September 11. The terrorists who committed these attacks studied at U.S. flight schools before applying what they learned to bring about horrific results. TSA regulations aim to provide government agencies with a better picture of who is training at flight schools. In recent months, the AOPA Legal Services Plan has seen a significant increase in the number of calls regarding these rules, stemming from an apparent TSA audit.
The applicable regulations are found in 49 CFR Part 1552, which is divided into two subparts. Subpart A addresses flight training for aliens and other designated individuals; Subpart B addresses security awareness training. Both subparts contain recordkeeping requirements that the TSA may audit.
While there is much to say about these regulations, one point that comes up frequently is the broad definition of “flight school” in Subpart A. Under this definition, an individual providing instruction under Part 61 is a “flight school” and must vet flight training candidates under Part 1552.3.
The recordkeeping requirements for citizenship verification and alien flight training are found in Part 1552.3(i). The recordkeeping requirement for CFI security awareness training is found in Part 1552.25. Again, we have seen an uptick of TSA audits to ensure that flight schools are maintaining these records.
The TSA has several tools if it finds that a person has not complied with recordkeeping requirements. The TSA can assess civil penalties. The TSA may also issue either a warning notice or letter of correction. And a letter of correction may require the alleged violator to complete certain action under the threat of further enforcement. Finally, the TSA also has the “Action Plan Program,” which is like the FAA’s Compliance Program. Under this program, the TSA will work with instructors to bring them into compliance without taking any punitive action against them. To date, we have not heard of the TSA seeking penalties against any AOPA members through the recent audits.
If you are one of the increasing numbers of instructors who may have received a request for records from the TSA, please give us a call.
Related Articles
