New rule forces flight instructors to vet students through Justice Department

Flight instructors regulated by the Federal Aviation Administration must seek permission from the attorney general before teaching aliens to fly planes larger than small business jets under a new rule published Friday in the Federal Register. The rule, part of the Aviation and Transportation Security Act, is aimed at increasing aviation and national security. Contractors now teaching aliens to fly large planes must stop the training immediately and seek authorization from the attorney general. "The department believes that the primary intent of Congress was to protect aviation and national security by preventing aliens who present a risk to aviation or national security from being taught how to pilot," the rule said. Flight school candidates interested in learning how to fly planes weighing more than 12,500 pounds must submit such information as their passport-issuing authority and country of citizenship to the attorney general, who then will have 45 days to determine if a terrorist threat exists. If the attorney general misses that deadline, flight trainers may begin teaching the student to fly, according to the notice. The interim rule took effect June 14, and the Justice Department is accepting comments on it until July 15. "Delay in the implementation of the rule will cause serious disruption in the aviation industry and the economy in general, will have a negative impact on public safety and national security, and will have a seriously adverse impact on military and foreign affairs of the United States," Justice officials said in the notice. Federal Aviation Administration officials confirmed Friday that the pilot of American Airlines Flight 77, which crashed into the Pentagon on Sept. 11, obtained three federal flight licenses from an agency contractor. The FAA uses contractors or "designees" to examine candidates who apply for different types of certification, including pilot licenses and aircraft mechanic licenses.

Comments on the rule should be sent by July 15 to:

Aviation Training Security
Justice Department
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530