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assessment. Therefore, after providing States or one of its territories, tothe required notification to the Attor- gether with a government-issued picney General as described in this sub- ture identification of the individual part, the Provider may begin instruc- named in the birth certificate; tion of a candidate if the Attorney (3) An original United States natuGeneral has informed the Provider that

ralization certificate with raised seal, the candidate does not present a risk

Form N-550 or Form N-570, together to aviation or national security as a re

with a government-issued picture idensult of the risk assessment conducted

tification of the individual named in pursuant to section 113 of ATSA. If the

the certificate; Attorney General does not provide either an authorization to proceed with

(4) An original certification of birth

abroad with raised seal, Form FS-545 training or a notice to deny training within 45 days after receiving the re

or Form DS-1350, together with a govquired notification, the Provider may

ernment-issued picture identification commence training at that time. All

of the individual named in the certificandidates must show a valid passport

cate; establishing their identity to a Pro- (5) An original certificate of United vider before commencing training. States citizenship with raised seal,

(2) In the event the Attorney General Form N-560 or Form N-561, together subsequently determines that a can- with a government-issued picture idendidate being trained does, in fact, tification of the individual named in present a risk to aviation or national the certificate; or security and that training should be (6) In the case of training provided to denied, the Attorney General will in

a federal employee (including military struct the Provider to terminate train

personnel) pursuant to a contract being.

tween a federal agency and a Provider, (3) Providing false information or

the agency's written certification as to otherwise failing to comply with sec

its employee's United States citizention 113 of ATSA may present a threat

ship/nationality, together with the emto aviation or national security and is subject to both civil and criminal sanc

ployee's government-issued credentials

or other federally-issued picture identitions. The United States will take all

fication. necessary legal action to deter and punish violations of this section.

(b) [Reserved] $ 105.11 Individuals not requiring a se

$ 105.12 Notification for candidates eli. curity risk assessment.

gible for expedited processing. (a) Citizens and nationals of the United (a) Expedited processing. The Attorney States. A citizen or national of the General has determined that providing United States is not subject to section aviation training to certain categories 113 of ATSA. A Provider must deter- of candidates is not likely to present a mine whether a prospective trainee is a risk to aviation or national security citizen or national of the United States because of the aviation training alprior to providing instruction on air- ready possessed by these individuals or craft with a maximum certificated

because of risk assessments conducted takeoff weight of 12,500 pounds or by other agencies. Therefore, the folmore. To establish United States citi

lowing categories of candidates are elizenship or nationality, the prospective

gible for expedited processing: trainee must show the Provider from

(1) Foreign nationals who are current whom he or she seeks training any of

and qualified as pilot in command, secthe following documents as proof of

ond in command, or flight engineer United States citizenship or nation

with respective certificates with ratality: (1) A valid, unexpired United States

ings recognized by the United States passport;

for aircraft with a maximum certifi(2) An original or government-issued

cated takeoff weight of 12,500 pounds or certified birth certificate with raised

more, or who are currently employed seal documenting birth in the United

197-102 D-15

and qualified by U.S. air carriers as pilots on aircraft with a maximum certificated takeoff weight of 12,500 pounds or more;

(2) Commercial, governmental, corporate, or military pilots of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more who must receive familiarization training on a particular aircraft in order to transport it to the purchaser or recipient, provided that the training provided is limited to familiarization (familiarization training is limited to that required to become proficient in configurations and variations of an aircraft and does not include initial qualification or type rating for an aircraft);

or

cation is furnished to the Department, the Provider may commence training the candidate as soon as the Provider receives a response from the Department that the individual does not present a risk to aviation or national security as a result of the risk assessment conducted pursuant to section 113 of ATSA and the candidate presents a valid passport establishing his or her identity to the Provider. Receipt of this response by the Department will be deemed approval by the Department to commence training. If the Department later determines that the candidate presents a risk to aviation or national security, it will immediately 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 had been 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.

(d) Records. When a Provider conducts training for a candidate eligible for expedited processing, the Provider must retain records to document how the Provider made the determination that the candidate was eligible. The Provider also must retain certain identifying records regarding the didate, including date of birth, place of birth, passport issuing authority, and passport number. The Provider must be able to reference these records by the unique student identification number provided to the Department pursuant to this section. Providers also are encouraged to maintain photographs of all candidates trained by the Provider. Such records should be maintained for at least three years following the conclusion of training by the Provider. The Provider also should be able use the unique student identification number to cross-reference any other documentation that the FAA may require the Provider to retain regarding the candidate.

(3) Military or law enforcement personnel who must receive training on a particular aircraft given by the United States to a foreign government pursuant to a draw-down authorized by the President under section 506(a)(2) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2318(a)(2)), provided that the training provided be limited to familiarization.

(b) Notification. Before a Provider may conduct training for a candidate eligible for expedited processing under paragraph (a) of this section, the Provider must submit the following information to the Department:

(1) The full name of the candidate;

(2) An unique student identification number created by the Provider as a means of identifying records concerning the candidate;

(3) Date of birth;
(4) Country of citizenship;
(5) Passport issuing authority;
(6) Dates of training; and

(7) The category of expedited processing under paragraph (a) of this section for which the candidate qualifies.

(c) Commencement of training. The notification must be provided electronically to the Department by the Provider in the specific format and by the specific means identified by the Department. Notification must be made by e-mail. Only e-mail sent from an email address registered as a Provider will be accepted. Specific details about the mechanism for the notification will be made available by the Department or the FAA. After the complete notifi

can

CHAPTER III-FEDERAL PRISON INDUSTRIES,

INC., DEPARTMENT OF JUSTICE

Part 301 302 345

Page 443 451

Inmate accident compensation
Comments on UNICOR business operations
Federal Prison Industries (FPI) inmate work pro-

grams

451

PART 301INMATE ACCIDENT

COMPENSATION

Subpart A-General

Sec. 301.101 Purpose and scope. 301.102 Definitions. 301.103 Inmate work assignments. 301.104 Medical attention. 301.105 Investigation and report of injury. 301.106 Repetitious accidents.

ents. Compensation may be awarded via two separate and distinct programs:

(a) Inmate Accident Compensation may be awarded to former federal inmates or their dependents for physical impairment or death resultant from injuries sustained while performing work assignments in Federal Prison Industries, Inc., in institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities; or,

(b) Lost-time wages may be awarded to inmates assigned to Federal Prison Industries, Inc., to paid institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities for work-related injuries resulting in time lost from the work assignment.

Subpart B-Lost-Time Wages

301.201 Applicability. 301.202 Determination of work-relatedness. 301.203 Payment of lost-time wages. 301.204 Continuation of lost-time wages. 301.205 Appeal of determination.

Subpart C-Compensation for WorkRelated Physical Impairment or Death

(55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994]

8 301.102 Definitions.

301.301 Compensable and noncompensable

injuries. 301.302 Work-related death. 301.303 Time parameters for filing a claim. 301.304 Representation of claimant. 301.305 Initial determination. 301.306 Appeal of determination. 301.307 Notice, time and place of committee

action. 301.308 Committee reconsideration. 301.309 In-person hearing before the com

mittee. 301.310 Witnesses. 301.311 Expenses associated with appearance

at committee hearing. 301.312 Notice of committee determination. 301.313 Chief Operating Officer review. 301.314 Establishing the amount of award. 301.315 Review of entitlement. 301.316 Subsequent incarceration of com

pensation recipient. 301.317 Medical treatment following release. 301.318 Civilian compensation laws distin

guished. 301.319 Exclusiveness of remedy.

(a) For purposes of this part, the term work-related injury shall be defined to include any injury, including occupational disease or illness, proximately caused by the actual performance of the inmate's work assignment.

(b)(1) For purposes of this part, the term release is defined as the removal of an inmate from a Bureau of Prisons correctional facility upon expiration of sentence, parole, final discharge from incarceration of a pretrial inmate, or transfer to a community corrections center or other non-federal facility, at the conclusion of the period of confinement in which the injury occurred.

(2) In the case of an inmate who suffers a work-related injury while housed at a community corrections center, release is defined as the removal of the inmate from the community corrections center upon expiration of sentence, parole, or transfer to any nonfederal facility, at the conclusion of the period of confinement in which the injury occurred.

(3) In the case of an inmate who suffers a work-related injury while housed at a community corrections center and is subsequently transferred to a Bureau of Prisons facility, release is defined as

AUTHORITY: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the Board of Directors of Federal Prison Industries, Inc.

SOURCE: 55 FR 9296, Mar. 12, 1990, unless otherwise noted.

Subpart A-General

8301.101 Purpose and scope.

Pursuant to the authority granted at 18 U.S.C. 4126, the procedures set forth in this part govern the payment of accident compensation, necessitated as the result of work-related injuries, to federal prison inmates or their depend

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