2026-03028: Restoration of Statutory Terms in TSA Regulations: Use of Alien; Technical Amendments

Federal Register, Volume 91 Issue 31 (Tuesday, February 17, 2026) [Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)] [Rules and Regulations] [Pages 7160-7161] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-03028] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Parts 1500, 1552, and 1570 Restoration of Statutory Terms in TSA Regulations: Use of Alien; Technical Amendments

Agency

Transportation Security Administration, DHS.

Action

Final rule; technical amendments. -----------------------------------------------------------------------

Summary

This document makes nomenclature changes to sections of the Code of Federal Regulations (CFR) administered by the Transportation Security Administration (TSA). This action is necessary to conform TSA regulations with statutory terminology used in the Immigration and Nationality Act.

Dates

This rule is effective as of February 17, 2026.

For Further Information Contact

Sabria Moseley, Enrollment Services and Vetting Programs, TSA; telephone (800) 253-8571, option 7; email to [email protected].

Supplementary Information

You can find an electronic copy of this rule using the internet by accessing the Government Publishing Office's web page at https://www.govinfo.gov/app/collection/FR to view the daily published Federal Register edition or by accessing the Office of the Federal Register's web page at https://www.federalregister.gov. Copies are also available by contacting the individual identified in the FOR FURTHER INFORMATION CONTACT section. Discussion of the Rule This final rule makes technical amendments to certain sections of the CFR to align TSA's regulatory language with statutory terms and definitions in the Immigration and Nationality Act, such as ``alien'' rather than ``non-citizen''. In general, the technical amendments are limited to replacing the term ``non-U.S. citizen'' with the term ``alien'' wherever the term appears in TSA regulations. In one instance, TSA is removing a definition that includes the word ``non- U.S. citizen'' because the definition is no longer needed in the regulation. The following table identifies the context for each change in 49 CFR chapter XII. [GRAPHIC] [TIFF OMITTED] TR17FE26.000 The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b)) provides that when an agency, for good cause, finds that the notice and public procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. TSA has determined that there is good cause for making this technical amendment final without prior proposal and opportunity for comment because the revisions are not substantive and will not affect the regulatory requirements in the affected parts. TSA has determined that public comment on such administrative changes is unnecessary and that there is good cause under the APA for proceeding with a final rule. TSA has also determined that this rule is exempt from the notice and comment requirement under the APA because it is a rule of agency organization, procedure, or practice. See 5 U.S.C. 553(b)(A). Because the rule is simply an administrative change that replaces terminology without altering the rights or interests of parties, it has no substantive effect on the regulatory requirements and places no stamp of approval or disapproval on any type of behavior. Accordingly, TSA is issuing this rule in its final form as a procedural rule. Further, because a notice of proposed rulemaking and opportunity for public comment are not required for this rule under the APA or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, this rule is issued in final form. Before a rule can take effect, the Congressional Review Act (CRA), as codified at 5 U.S.C. 801, requires Federal agencies to submit the rule and a report to Congress and the Comptroller General indicating whether it is a major rule. Under 5 U.S.C. 804(3)(C), rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency [[Page 7161]] parties are not considered to be a rule for the purposes of the CRA. This technical amendment is a rule of agency organization, procedure, or practice that will not substantially affect the rights or obligations of non-agency parties. Thus, TSA is not required to submit the rule for review under the CRA. List of Subjects 49 CFR Part 1500 Air carriers, Air transportation, Aircraft, Airports, Buses, Hazardous materials transportation, Law enforcement officers, Maritime carriers, Mass transportation, Railroad safety, Railroads, Reporting and recordkeeping requirements, Security measures, Transportation, Vessels. 49 CFR Part 1552 Aircraft, Aliens, Aviation safety, Citizenship and naturalization, Educational facilities, Fees, Reporting and recordkeeping requirements, Security measures. 49 CFR Part 1570 Buildings and facilities, Buses, Common carriers, Crime, Fraud, Hazardous materials transportation, Highway safety, Mass transportation, Motor Carriers, Railroad safety, Railroads, Reporting and recordkeeping requirements, Security measures, Transportation. The Amendments For the reasons stated in the preamble, the Transportation Security Administration amends parts 1500, 1552, and 1570 of title 49, Code of Federal Regulations, as follows: PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS 0