[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8340-8384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-4081]
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Part II
Department of Transportation
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Federal Aviation Administration
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Transportation Security Administration
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14 CFR Parts 91 et al.
49 CFR Parts 1500 et al.
Civil Aviation Security Rules; Final Rule
Federal Register / Vol. 67, No. 36 / Friday, February 22, 2002 /
Rules and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 107, 108, 109, 121, 129, 135, 139, and 191
Transportation Security Administration
49 CFR Parts 1500, 1510, 1520, 1540, 1542, 1544, 1546, 1548, 1550
[Docket No. TSA-2002-11602; Amendment Nos. 91-272; 107-15; 108-20; 109-
4; 121-289; 129-31; 135-83; 139-24; 191-5]
RIN 2110-AA03
Civil Aviation Security Rules
AGENCY: Federal Aviation Administration (FAA) and Transportation
Security Administration (TSA), DOT.
ACTION: Final rule.
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SUMMARY: This rulemaking transfers the FAA's rules governing civil
aviation security to TSA. This rulemaking also amends those rules to
enhance security as required by recent legislation. This rulemaking
also requires additional qualifications, training, and testing of
individuals who screen persons and property that are carried in
passenger aircraft. It is intended to improve the quality of screening
conducted by aircraft operators and foreign air carriers. This rule is
being adopted to improve the qualifications of individuals performing
screening, and thereby to improve the level of security in air
transportation. This will help ensure a smooth transition of aviation
security from the FAA to TSA, and will avoid disruptions in air
transportation due to any shortage of qualified screeners.
DATES: This rule is effective February 17, 2002. The incorporation by
reference of certain publications in the rule is approved by the
Director of the Federal Register as of February 17, 2002. Submit
comments by March 25, 2002.
ADDRESSES: You may obtain a copy of this final rule from the DOT public
docket through the Internet at http://dms.dot.gov/, docket number TSA-
2002-11602. If you do not have access to the Internet, you may obtain a
copy of the working draft by United States mail from the Docket
Management System, U.S. Department of Transportation, Room PL401, 400
Seventh Street, SW., Washington, DC 20590-0001. You must identify
Docket Number TSA-2002-11602 and request a copy of the final rule
entitled ``Civil Aviation Security Rules.''
You may also review the public docket in person in the Docket
Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Office is on the plaza level of the Department of
Transportation.
FOR FURTHER INFORMATION CONTACT: Scott Cummings, telephone 202-267-
3413. For Part 1542--Brian Reed; for Part 1544--Lon M. Siro; for Part
1546--Nouri Larbi; for Part 1548--John F. DelCampo; Transportation
Security Administration, Department of Transportation, Washington, DC
20591; telephone 202-267-3413.
SUPPLEMENTARY INFORMATION:
Comments Invited
This final rule is being adopted without prior notice and prior
public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; Feb. 26, 1979),
however, provides that to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice. Accordingly,
interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments. Comments relating to
environmental, energy, federalism, or international trade impacts that
might result from this amendment also are invited. Comments must
include the regulatory docket or amendment number and must be submitted
in duplicate to the address above. All comments received, as well as a
report summarizing each substantive public contact with FAA or TSA
personnel on this rulemaking, will be filed in the public docket. The
docket is available for public inspection before and after the comment
closing date.
TSA and the FAA will consider all comments received on or before
the closing date for comments. Late-filed comments will be considered
to the extent practicable. This final rule may be amended in light of
the comments received.
See ADDRESSES above for information on how to submit comments.
Abbreviations and Terms Used In This Document
ASIA 2000--Airport Security Improvement Act of 2000
ATSA--Aviation and Transportation Security Act
Computer Assisted Passenger Prescreening System (CAPPS)
GED--General Equivalency Diploma
Screening company NPRM--Notice of Proposed Rulemaking, Certification of
Screening Companies, 65 FR 560 (January 5, 2000)
SIDA--Security identification display areas
SSI--Sensitive security information
TIP--Threat image projection
TSA--Transportation Security Administration
Background
Regulatory and Legislative Context
The current aviation security rules are in title 14 of the Code of
Federal Regulations. Part 107 governs airport operators that serve
certain passenger operations of air carriers and commercial operators.
Part 108 is for certain aircraft operators that hold U.S. air carrier
or commercial operator certificates. Part 109 prescribes rules for
indirect air carriers such as freight forwarders. Several sections in
part 129 govern certain foreign air carriers that operate to, from, and
within the United States. Aircraft operators and foreign air carriers
are responsible for screening passengers and property that are carried
on their aircraft. Part 191 covers the protection of sensitive security
information. In addition, Special Federal Aviation Regulation 91 (SFAR
91) covers certain other aircraft operators. These rules were issued by
the Administrator of the Federal Aviation Administration.
On January 5, 2000, the FAA published a Notice of Proposed
Rulemaking (NPRM) that proposed to require FAA-certification for all
companies that provide screening under 14 CFR parts 108, 109, and 129.
See 65 FR 560. The screening company NPRM proposed such additional
measures as improved training, FAA tests, and monitoring of the tests
by aircraft operators. Further, the Airport Security Improvement Act of
2000 (ASIA 2000), Public Law 106-528, provided in part that training
for screeners must include at least 40 hours of classroom instruction,
with certain exceptions. The final rule on certification of screening
companies was approved for publication shortly before the terrorist
attacks of September 11, 2001, occurred.
September 11 Terrorist Attacks, and the Continuing Threat to Aviation
Security
The September 11, 2001, terrorist attacks involving four U.S.
commercial aircraft that resulted in the tragic loss of human life at
the World Trade Center, the Pentagon, and southwest Pennsylvania,
demonstrate the need for increased air transportation security
measures. The Al-Qaeda organization, which was responsible for the
attacks, possesses a near global network. The leaders of the groups
constituting this organization have publicly stated that
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they will attack the United States, its institutions, and its
individual citizens. They retain a capability and willingness to
conduct airline bombings, hijackings, and suicide attacks against U.S.
targets: the December 22, 2001, attempted bombing of a U.S. carrier on
a flight from Paris illustrates the continuing danger. Finally, it
should be underscored that, although other potential threats to U.S.
civil aviation may be overshadowed at present, they are no less
important. For example, the uncertain course of the Middle East peace
process, negative reactions to the U.S.-led military campaign in
Afghanistan, and Iraqi opportunism in response to continued United
Nations sanctions are among the developments that could give rise to
attacks by groups or individuals not linked to the September 11
atrocities.
Aviation and Transportation Security Act
The September 11, 2001, attacks led Congress to enact the Aviation
and Transportation Security Act (ATSA), Public Law 107-71, November 19,
2001. ATSA provides additional qualifications for screeners, including
U.S. citizenship and increased training and testing of screeners.
Under ATSA, by November 19, 2002, the responsibility for inspecting
persons and property carried by aircraft operators and foreign air
carriers will be transferred to the Under Secretary of Transportation
for Security, who heads a new agency created by that statute, the
Transportation Security Administration (TSA).
ATSA requires TSA to make a number of improvements to aviation
security. The improvements include that by November 19, 2002, screening
of individuals and property in the United States be conducted by TSA
employees and companies under contract with TSA. ATSA requires enhanced
qualifications and training of individuals who perform screening
functions. It requires that Federal law enforcement officers be present
at screening locations.
Screening by TSA will make the certification of screening companies
unnecessary. However, the screening company NPRM proposed enhanced
screener qualifications and training, and enhanced aircraft operator
and foreign air carrier oversight that remain relevant. First, until
these duties are transferred, it is important to ensure that aircraft
operators and foreign air carriers improve the qualifications,
training, and testing of screeners in order to improve aviation
security. Second, aircraft operators will continue to conduct some
screening at foreign locations, which must be done in accordance with
enhanced standards.
Current Rulemaking
This rulemaking serves several purposes. It transfers to TSA rules
the current FAA rules governing civil aviation security. Further, it
includes certain improved standards, most notably for screener
qualifications and training.
This rule does not include all of the improvements in security
required under ATSA, but is an important step towards full compliance
with that Act. It is intended to respond to the ATSA mandate for
increased screener qualifications, by ensuring that aircraft operators
and foreign air carriers improve the qualifications, training, and
testing for newly hired screeners. It also makes related changes, in
part as proposed in the screening company NPRM, and as required in ASIA
2000.
Beginning February 17, 2002, TSA will be assuming responsibility
for screening that is currently the responsibility of aircraft
operators. TSA will require the screening companies to comply with
essentially the same enhanced screener qualifications and training that
is applied to the aircraft operators and foreign air carriers in this
rule. Until TSA takes over responsibility for all these screening
duties, it is important that the aircraft operators improve the
training and qualifications of screeners.
Most of the new screener qualification requirements come directly
from ATSA. We intend by this action to make an immediate improvement in
screening in response to the ongoing threat of terrorism to aviation
security. At the same time we recognize the importance of an orderly
transition as TSA assumes responsibility for contracting with screening
companies, hiring screeners, and conducting screening. An inefficient
transition would adversely affect security and would be costly and
disruptive to the industry. As TSA begins to hire screeners, it will
use a hiring process to select the most qualified personnel among all
applicants. However, by acting now to ensure that hired screeners newly
hired by aircraft operators and foreign air carriers meet many of the
increased standards, a substantial number of better trained and
qualified workers will be available by the time the ATSA requirements
come into full effect. The standards imposed in this rule are thus an
interim step, but we anticipate that many of the people hired during
the transition period will also have the necessary ability and training
for future positions with TSA. These persons may subsequently be hired
for those positions, although this is not assured.
This rulemaking does not address some measures required in ATSA to
enhance screening, such as additional background checks for individuals
with access to secured areas of airports. Those measures are under
development now.
We emphasize that we are applying the new screener standards at
this time only to employees hired as of February 17, 2002. Those
individuals now performing screening functions on behalf of aircraft
operators or foreign air carriers who may not be able to meet the
requirements of ATSA once it comes into full effect may remain in their
positions during the transition. In addition, those employees who are
not currently eligible under ATSA may be able to take action during the
transition period to improve their qualifications for future positions
performing screening functions under TSA. For example, some people now
performing screening functions may be eligible for U.S. citizenship,
but have not yet taken the steps necessary to become U.S. citizens.
Overview of This Rulemaking
This rulemaking transfers the aviation security rules to title 49
of the Code of Federal Regulations. The Under Secretary of
Transportation for Security is issuing these new rules.
The rules are largely unchanged from the FAA security rules, other
than to change references from FAA to TSA. This rulemaking also
incorporates some enhanced screener qualifications and training
standards mandated by ATSA. These changes are discussed in this
document in connection with the part of the rule affected.
These rules do not include all of the new security measures
required in ATSA. In the future, TSA will adopt additional measures to
improve controls to the access to secured areas of airports, additional
checks of the backgrounds of individuals who have access to secured
areas, and other measures required in ATSA.
14 CFR--FAA Regulations
Because security functions are transferring to TSA, many of the FAA
rules are no longer needed. This rulemaking removes these parts.
Further, several references in the operations rules for air
carriers and commercial operators are changed. Sections 121.538 and
135.125 are revised to require operators to comply with TSA security
rules instead of FAA security rules. Similarly, where this
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rulemaking removes security requirements in part 129, it adds a
requirement that foreign air carriers comply with TSA security rules,
the same as that for part 121.
49 CFR--TSA Regulations
This rulemaking establishes the basic organization for TSA rules.
The rules will appear in title 49, Code of Federal Regulations, Chapter
XII, which includes parts 1500 through 1699. Subchapter A will contain
administrative and procedural rules. Subchapter B will contain rules
that apply to many modes of transportation. Subchapter C will contain
rules for civil aviation security.
Outline of TSA Regulations
Chapter XII--Transportation Security Administration, Department of
Transportation
Subchapter A--Administrative and Procedural Rules
Part 1500--Applicability, Terms and Abbreviations, and Rules of
Construction
Part 1510--Passenger Civil Aviation Security Service Fees
Subchapter B--Security Rules for All Modes of Transportation
Part 1520--Protection of Sensitive Security Information
Subchapter C--Civil Aviation Security
Part 1540--Civil Aviation Security
Part 1542--Airport Security
Part 1544--Aircraft Operator Security: Air Carriers and Commercial
Operators
Part 1546--Foreign Air Carrier Security
Part 1548--Indirect Air Carrier Security
Part 1550--Aircraft Operator Security Under General Operating and
Flight Rules
49 CFR Part 1500--Applicability, Terms and Abbreviations
New part 1500 provides the applicability, and some terms and
abbreviations, that apply to all TSA regulations. The definitions of
``person'' and ``United States'' are based on those in 49 U.S.C. 40102.
49 CFR Part 1520--Protection of Sensitive Security Information
New Part 1520 provides the rules for protecting sensitive security
information. It is largely the same as 14 CFR part 191.
In general, Federal law and policy calls for release of information
to the public, and TSA and DOT comply with these laws and policies.
However, when release of information may compromise the safety or
security of the traveling public, TSA and DOT protect that information
from disclosure. Information that could help someone determine how to
defeat security systems is protected from public disclosure under part
1520. In Sec. 1520.7, TSA has designated this information as SSI. SSI
includes information about security programs, vulnerability
assessments, technical specifications of certain screening equipment
and objects used to test screening equipment, and other information.
Under Sec. 1520.3, TSA does not disclose such information. Under
Sec. 1520.5, aircraft operators, foreign air carriers, and others are
required to protect SSI from disclosure. They may disclose SSI only to
those with a need to know. For instance, aircraft operator and foreign
air carrier security programs are protected from public disclosure
under Sec. 1520.7(a).
Section 1520.1 includes the applicability and definitions. Section
1520.1(c) provides that the authority of the Under Secretary under this
part may be further delegated.
Section 101(e) of ATSA amended 49 U.S.C. 40119(b) by making it
applicable to information obtained or developed in carrying out
security in all modes of transportation. Although the Under Secretary
is given overall responsibility for carrying out section 40119(b), the
heads of the operating administrations in the Department of
Transportation have day-to-day responsibility for matters in their own
modes of transportation. Hence, it is most efficient for these other
administrations to exercise authority to protect SSI in their modes.
Accordingly, Sec. 1520(d) provides that the Under Secretary's authority
under this part is also exercised, in consultation with the Under
Secretary, by the Commandant of the United States Coast Guard, as to
matters affecting and information held by the Coast Guard, and the
Administrator of each DOT administration, as to matters affecting and
information held by that administration, and any other individual
formally designated to act in their capacity. The Under Secretary will
be responsible for determining what information is SSI (see
Sec. 1520.7) and what persons are required to protect it under this
part (see Sec. 1520.5).
Section 1520.3 covers records and information withheld by the
Transportation Security Administration. Section 1520.3(b)(3) is changed
to reflect the change ATSA made to section 40119. TSA may protect
information the release of which that would be detrimental to the
safety of persons in transportation, not just air transportation.
Section 1520.5 covers records and information protected by others.
Paragraph (a) identifies what persons are responsible for protecting
SSI. For the most part, they are the same persons covered in current
Sec. 191.5. However, Sec. 1520.5(a)(8) covers each person for which a
vulnerability assessment has been authorized, approved, or funded by
DOT, irrespective of mode of transportation. These assessments may
identify ways in which the port or other facility could be vulnerable
to attack, and may suggest corrective action. If this information were
to fall into the wrong hands it could be used to attack the
transportation system. Accordingly, the persons receiving these
vulnerability assessments now are responsible under this rule to
protect them from unauthorized disclosure. The vulnerability
assessments themselves are added to the list of information that is
determined to be SSI in Sec. 1520.7(r).
In the course of applying for and qualifying for an air carrier
certificate or operating certificate under 14 CFR part 119, an
applicant that will be subject to part 1544 receives a copy of the
standard security program. To ensure that applicants for certificates
are required to protect SSI, we are adding Sec. 1520.5(e). Paragraph
(e) provides that references in part 1520 to an aircraft operator,
airport operator, indirect air carrier, or foreign air carrier, include
applicants. Thus, an applicant must restrict disclosure of the security
program information that it receives. The same is true of an applicant
for any other security program, such as a foreign air carrier security
program.
When an individual receives SSI during training for a position with
an airport operator, aircraft operator, indirect air carrier, or
foreign air carrier, he or she is subject to part 1520. Section
1520.5(f) clarifies that he or she may not disclose this information.
Section 1520.7 describes SSI. Section 1520.7 defines what
information and records are SSI and therefore are subject to the
protections in Secs. 1520.3 and 1520.5.
Section 191.7(a) covers any approved or standard security program
for an airport operator, aircraft operator, foreign air carrier, or
indirect air carrier. However, the agency has recently adopted other
security programs, including those covering screening to be conducted
by TSA, and those covering certain general aviation operations.
Accordingly, Sec. 1520.7(a) covers any approved, accepted, or standard
security program under the rules listed in Sec. 1520.5(a) (1) through
(6).
Section 1520.7(m) provides that the locations at which particular
screening methods or equipment are used, and the carriers that are
authorized to use those
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methods and equipment, are SSI. This information is SSI only if TSA has
determined that, as to those particular screening methods or equipment,
the criteria of 49 U.S.C. 40119 are met. In some cases, the exact
screening methods used at different locations are not publicly
released, particularly methods used for checked baggage and cargo. This
may occur, for instance, when new technology is deployed. It may take
time to deploy it widely, and we may determine that there is a
significant security benefit to not letting any unauthorized person
know where it may be used. This could affect a person's perception as
to whether the introduction of a threat item was more likely to be
detected, and might lead a person to attempt to target a location that
the person assumes is less secure.
New paragraph (n) is added to cover the screener tests that
screeners must complete under this rulemaking. These tests contain
information that is in the security programs and must be protected in
the same way.
New paragraph (o) protects the scores of screener tests
administered under the rules listed in Sec. 1520.5(a) (1) through (6).
These scores could be used to determine which screening locations have
screeners with better or worse scores, which might be viewed as a means
to defeat the screening system. Therefore, while the scores will be
used by TSA to identify weaknesses, they may not be disclosed.
New paragraph (p) covers performance data from screening systems,
and from testing of screening systems. This includes information from
threat image projection systems (TIP) and from other tests and data
collections. The performance data is protected to prevent unauthorized
persons from attempting to determine which screening locations or
companies may be less successful at detecting weapons, explosives, and
incendiaries. Performance data might also be used to determine which
threat items are more difficult to detect.
Paragraph (q) covers threat images and descriptions of threat
images for threat image projection systems. The threat images and
descriptions would inform unauthorized persons as to what threat items
screeners have been exposed to. This information might be used in
attempting to defeat screening and must be protected.
As noted above, paragraph (r) covers information in a vulnerability
assessment that has been authorized, approved, or funded by DOT,
irrespective of mode of transportation. Note that as TSA continues to
consider the security needs of all the modes of transportation in the
current environment, we expect to identify other information that must
be protected under this part in order to support transportation
security. We may issue a notice of proposed rulemaking in the future to
propose further changes. In that event, we may respond in that notice
of proposed rulemaking to any comments to this final rule regarding
this part.
The following distribution table is provided to illustrate how the
current regulations relate to the newly added regulations.
Distribution Table
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New section
Current section 14 CFR part 191 49 CFR part
1520
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191.1..................................................... 1520.1
191.3..................................................... 1520.3
191.5..................................................... 1520.5
191.7..................................................... 1520.7
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49 CFR Part 1540--Civil Aviation Security: General Rules
New part 1540 provides rules that cover all segments of civil
aviation security. It also includes rules that govern individuals and
other persons. Most of the rules in part 1540 are transferred from 14
CFR parts 107, 108, and 129.
Delegations
Section 1540.3 contains delegations of authority. The law vests the
authority of TSA in the Under Secretary of Transportation for Security.
See 49 U.S.C. 114. Where the Civil Aviation Security rules in
subchapter C name the Under Secretary as exercising authority over a
function, the Under Secretary or the Deputy Under Secretary exercise
the authority. Any individual formally designated to act as the Under
Secretary or the Deputy Under Secretary may also exercise the
authority.
For the most part these rules simply refer to TSA as exercising
authority. Where rules in this subchapter name TSA as exercising
authority over a function, in addition to the Under Secretary, a
designated official within TSA exercises the authority.
Terms Used in This Subchapter
Section 1540.5 contains definitions and descriptions for many of
the terms used in this subchapter. Most terms are from FAA regulations,
including 14 CFR parts 1, 107, and 108. Some are definitions in the
statute governing TSA, 49 U.S.C. 40102. Others are discussed below.
``Aircraft operator'' is used in part 108 to identify the air
carriers and commercial operators that are subject to part 108. When
this term was adopted the agency did not impose security regulations on
aircraft operators other than air carriers or commercial operators.
Recently, however, it has become necessary to require security measures
for other aircraft operators, as discussed below under part 1550.
The term ``aircraft operator'' in Sec. 1540.5 means a person who
uses, causes to be used, or authorizes to be used an aircraft, with or
without the right of legal control (as owner, lessee, or otherwise),
(1) for the purpose of air navigation including the piloting of
aircraft, or (2) on any part of the surface of an airport. This
definition is based on the definition of ``operate aircraft'' in 49
U.S.C. 40102(32) and ``operate'' in 14 CFR part 1. The definition also
states that in specific parts or sections, ``aircraft operator'' is
used to refer to specific types of aircraft operators. For instance,
new part 1544 uses ``aircraft operator'' to refer to those air carriers
and commercial operators subject to that part.
``Indirect air carrier'' is defined as any person or entity within
the United States not in possession of an FAA air carrier operating
certificate, that undertakes to engage indirectly in air transportation
of property, and uses for all or any part of such transportation the
services of a passenger air carrier. This does not include the United
States Postal Service (USPS) or its representative while acting on the
behalf of the USPS. This definition is in the aircraft operator
standard security program and in the indirect air carrier standard
security program.
``Person'' is defined to include various entities and government
authorities, as well as individuals, as it is in 49 U.S.C. 40102 and 14
CFR part 1.
``Screening function'' is defined as the inspection of individuals
and property for explosives, incendiaries, and weapons.
``Screening location'' means each site at which individuals or
property are inspected for the presence of any explosive, incendiary,
or weapon. The checkpoint where passengers and their property are
inspected with metal detectors, X-ray machines, and other methods is a
screening location. So are the locations in the baggage make-up areas
where checked baggage is inspected with an explosive detection system,
and those locations where cargo is inspected.
There are some other wording changes in these rules worthy of note.
FAA security rules often refer to ``deadly or dangerous weapons.''
However, all weapons are potentially
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deadly or dangerous, so the excess words were removed and these TSA
rules refer simply to ``weapons.''
FAA rules often refer to ``security systems, measures, or
procedures'' or other listing. However, the term ``measures''
encompasses all these terms. These TSA rules, therefore, often refer
simply to ``security measures,'' which may include any systems,
procedures, equipment, and other measures that accomplish the security
goal.
Subpart B--Responsibilities of Passengers and Other Individuals and
Persons
This subpart contains rules that apply to many persons, including
airport operators, airport tenants, aircraft operators, foreign air
carriers, and indirect air carriers, as well as employees of such
entities, passengers, individuals at airports, and other individuals.
This subpart includes rules that apply to all entities governed by
subchapter C, and includes most of the security rules that apply to
individuals rather than entities.
Section 1540.103 transfers the falsification rules that were in 14
CFR 107.9 and 108.7. The section applies to the whole subchapter.
Criminal statutes, such as 18 U.S.C. 1001, prohibit intentional
falsification and fraud. This section provides a civil remedy for
similar conduct. See Amendment Nos. 107-9 and 108-4, Falsification of
Security Records (61 FR 64242, Dec. 3, 1996) in which these rules were
first adopted.
Section 1540.105 transfers Secs. 107.11 and 108.9, regarding the
security responsibilities of employees and other persons.
Section 1540.107 transfers Sec. 108.201(c), which requires
individuals who enter a sterile area to submit to screening.
Transferring the section to part 1540 makes more clear that the rule
applies to individuals entering a sterile area where screening is
conducted by TSA, an aircraft operator, or a foreign air carrier.
Section 1540.109 is a new requirement prohibiting any person from
interfering with, assaulting, threatening, or intimidating screening
personnel in the performance of their screening duties. This section
was proposed in the January 2000 screening company NPRM and received no
negative comments. The rule prohibits interference that might distract
or inhibit a screener from effectively performing his or her duties.
This rule is necessary to emphasize the importance to safety and
security of protecting screeners from undue distractions or attempts to
intimidate. Previous instances of such distractions have included
verbal abuse of screeners by passengers and certain air carrier
employees.
A screener encountering such a situation must turn away from his or
her normal duties to deal with the disruptive individual, which may
affect the screening of other individuals. The disruptive individual
may be attempting to discourage the screener from being as thorough as
required. The screener may also need to summon a checkpoint screening
supervisor and law enforcement officer, taking them away from other
duties. Checkpoint disruptions potentially can be dangerous in these
situations. This rule supports screeners' efforts to be thorough and
helps prevent individuals from unduly interfering with the screening
process. This rule is similar to 14 CFR 91.11, which prohibits
interference with crewmembers aboard aircraft, and which also is
essential to passenger safety and security.
This rule does not prevent good-faith questions from individuals
seeking to understand the screening of their persons or their property.
But abusive, distracting behavior, and attempts to prevent screeners
from performing required screening, are subject to civil penalties
under this rule.
This section applies to individuals interfering with screeners
under subchapter C. Thus, if an individual interferes with a screener
employed by a foreign air carrier, the individual violates
Sec. 1540.109.
This section applies to persons, not just individuals. Thus, a
company or other entity could be found in violation of this section.
Note that if an individual is interfering with screening in
violation of this rule, that individual potentially is also in
violation of State or local laws, such as those relating to disturbing
the peace. This rule does not preempt such State and local laws. Law
enforcement personnel at the scene will determine whether to take
action under State or local laws. TSA will also determine whether TSA
civil penalty action is warranted for violation of Sec. 1540.109.
Title 49, United States Code, 46503, was added in ATSA to provide a
criminal penalty for interfering with security personnel. Section
1540.109 permits TSA to seek a civil penalty for actions that may not
warrant criminal prosecution under section 46503 but do warrant legal
enforcement action.
Section 1540.101 regarding the carriage of weapons, explosives, and
incendiaries by individuals, is transferred from Secs. 108.201(e) and
(f), 108.203(e), and 129.27(a) and (b).
Section 1540.113 requires that each individual who holds an airman
certificate, medical certificate, authorization, or license issued by
the FAA must present it for inspection upon a request from TSA. As the
need to ensure aviation security increases, it becomes important for
TSA to be able to identify individuals who have access to aircraft,
such as pilots and mechanics. This rule makes clear that TSA can
require an airman to show his or her FAA certificate when requested.
This rule is especially important for use with general aviation airmen
who are not employed by air carriers, because they do not have
identification media issued by air carriers or aircraft operators under
Parts 1542 or 1544. For instance, TSA may need to make such a request
in connection with Secs. 1550.5 or 1550.7 security procedures. This
section is similar to a number of sections in the FAA regulations, such
as 14 CFR 61.3(l), 65.51(b), 65.89, and 65.105.
49 CFR Part 1542--Airport Security
New part 1542 provides the rules for airport operators. It is
largely the same as 14 CFR part 107 (66 FR 37274, July 17, 2001) and
Sec. 107.209, Criminal history records checks, as amended (66 FR 63474,
December 6, 2001). Some of the sections from part 107 were moved to
part 1540 rather than part 1542 and are discussed in that portion of
this document.
Law Enforcement Support
This part continues to state that the airport operator must provide
law enforcement personnel to support its security program and to
support each system for screening persons and accessible property
required under parts 1544 or 1546. This screening includes the
inspection of individuals and property, as well as other security
measures such as those that take place at the ticket counter, such as
Computer Assisted Passenger Prescreening System (CAPPS). TSA will be
assuming responsibility for law enforcement presence for the inspection
of individuals and property as necessary. When TSA assumes this duty at
the airport, the airport will no longer need to perform this function
on a routine basis. However, the airport operator will continue to
provide a law enforcement presence and capability that is adequate to
ensure the safety of passengers in accordance with 49 U.S.C. 44903(c),
including covering screening before TSA law enforcement assumes this
duty. Airport law enforcement will also be expected to back up TSA law
[[Page 8345]]
enforcement officers at screening locations should the need arise. TSA
will work closely with law enforcement agencies at each airport to
ensure that all agencies cooperate in providing for the safe and secure
operation of the airport.
The recordkeeping requirements are changed to reflect TSA's
participation in law enforcement support of airport security. Section
1542.221(b) requires that certain data be maintained, except as
authorized by TSA. This includes data regarding weapons detected during
passenger screening and information on arrests. To the extent that TSA
is performing these functions or gathering this data, the airport
operator will not have to.
Criminal History Records Checks (CHRC)
The current rule provides that the airport operator may exempt from
the requirement to undergo a CHRC individuals in four categories. See
Sec. 107.209(m)(1) through (4). Section 138 of ATSA, however, provides
in part that a CHRC ``shall not be required under this subsection for
an individual who is exempted under section 107.31(m)(1) or (2) * * *
*'' Section 107.31 was renumbered Sec. 107.209. See 66 FR 37274, July
17, 2001.
Accordingly, in Sec. 1542.209(m), what formerly was (m)(1) and (2)
are renumbered to be paragraph (m)(1)(i) and (ii), and are revised to
state that the airport operator must authorize the subject individuals
to have unescorted access authority. These individuals include an
employee of the Federal, state, or local government (including a law
enforcement officer) who, as a condition of employment, has been
subjected to an employment investigation that includes a criminal
records check; and a crewmember of a foreign air carrier covered by an
alternate security arrangement in the foreign air carrier's approved
security program.
The other exemptions, formerly in (m)(3) and (4), are clarified.
The airport operator may exempt certain individuals who have been
continuously employed by another airport operator, airport user, or
aircraft operator. In response to questions we have received, this
section now states that the exemption does apply to contract employees
of these entities, not only direct employees.
The following distribution table is provided to illustrate how the
current regulations relate to the newly added regulations.
Distribution Table
----------------------------------------------------------------------------------------------------------------
Current section 14 CFR part 107 New section 49 CFR part 1542/1540
----------------------------------------------------------------------------------------------------------------
107.1......................................... 1542.1
107.3......................................... 1540.5
107.5......................................... 1542.3
107.7......................................... 1542.5
107.9 and 108.7............................... 1540.103
107.11 and 108.9.............................. 1540.105
Subpart B (Secs. 107.101-107.113)............ Subpart B (Secs. 1542.101-1542.113)
Subpart C (Secs. 107.201-107.221)............ Subpart C (Secs. 1542.201-1542.221)
Subpart D (Secs. 107.301-107.307)............ Subpart D (Secs. 1542.301-1542.307)
----------------------------------------------------------------------------------------------------------------
49 CFR Part 1544--Aircraft Operator Security
New part 1544 provides the rules for aircraft operators. It is
largely the same as 14 CFR part 108 (66 FR 37330, July 17, 2001) and
Sec. 108.229, Criminal history records checks, as amended (66 FR 63474,
December 6, 2001). Some of the sections from part 108 were moved to
part 1500 and are discussed in that portion of this document. The other
significant changes are discussed below.
Screening
Although TSA is taking over responsibility for most inspections of
individuals and property in the United States, aircraft operators will
continue to do some inspections, such as at foreign airports where the
host government does not screen. Accordingly, this rule continues to
include measures for aircraft operators to carry out when they inspect
individuals or property for weapons, explosives, and incendiaries.
Section 1544.201(a) continues the requirement that the aircraft
operator use the measures in its security program to prevent or deter
the carriage of any explosive, incendiary, or weapon on or about each
individual's person or accessible property before boarding an aircraft
or entering a sterile area. There are a number of measures used to
carry out this requirement, including use of the CAPPS, inspecting the
individual and their accessible property, and other measures. Aircraft
operators are also required to ensure that passengers and their
accessible property are inspected for weapons, explosives, and
incendiaries. The means of accomplishing these inspections are
described in Sec. 1544.207, discussed below.
Note that Sec. 1544.201(e) continues the requirement that the
aircraft operator not permit persons to have unauthorized explosives,
incendiaries, or weapons when on board an aircraft. Although TSA will
conduct most inspections, if the aircraft operator becomes aware that a
person has an unauthorized weapon, the aircraft operator must not
permit that weapon on board.
Sections 1544.203 and 1544.205 continue the requirements that each
aircraft operator must use the procedures, facilities, and equipment
described in its security program to prevent or deter the carriage of
any unauthorized explosive or incendiary onboard aircraft in checked
baggage and cargo. Section 1544.203(c) requires screening of all
checked baggage, in compliance with section 110 of ATSA.
Section 1544.207 addresses the inspection of individuals,
accessible property, checked baggage, and cargo. At locations within
the United States at which TSA conducts such inspections, the aircraft
operator's responsibility will be to ensure that passengers and
property are inspected by TSA. The aircraft operator must follow
procedures used at that airport to do so. For instance, the aircraft
operator may not allow passengers to bypass inspection by bringing them
to an aircraft from the ramp side, unless special arrangements are made
to inspect the passengers.
Section 1544.207(c) provides that at locations where TSA or the
host government is not conducting the
[[Page 8346]]
inspections, the aircraft operator will continue to be responsible for
conducting the inspections. For instance, at most foreign airports
aircraft operators are responsible for inspecting checked baggage. At
such locations the aircraft operators must conduct the inspections in
accordance with this part and their security program.
Section 1544.207(d) provides that at locations outside the United
States at which the foreign government conducts inspections, the
aircraft operator must ensure that the individuals and property have
been inspected by the foreign government. The host government may
inspect using government employees or using contractors hired by the
government. In either case the aircraft operator must follow the
procedures at that airport to ensure that the inspections are conducted
before boarding the passengers and property.
Criminal History Records Checks (CHRC)
Section 1544.229 covers fingerprint-based criminal history records
checks (CHRCs). This section requires all individuals who have
unescorted access to the SIDA, and all individuals with authority to
perform screening functions for passengers and accessible property, to
undergo a CHRC. See 66 FR 63474 (December 6, 2001).
This section currently only covers screening functions for
passengers and accessible property because, until ATSA, the statute
providing authority for these checks only covered such functions.
Further, it appears that almost all individuals who screen checked
baggage and cargo are covered under the current rule, because they also
screen passengers and accessible property, or because they have
unescorted access to the SIDA where they handle checked baggage and
cargo.
ATSA amended the statute as to CHRCs so that it also covers
screening of checked baggage and cargo. See ATSA sections 110 and 49
U.S.C. 44901(a) and 44936. In addition, ATSA emphases the need to
enhance security for checked baggage and cargo, and to expand the use
of background checks. See ATSA section 110 and 136. TSA has determined,
therefore, that we must ensure that all screeners of checked baggage
and cargo have undergone a CHRC. This rule applies to new screeners as
of February 17, 2002, and allows the aircraft operators until December
6, 2002, to conduct the CHRCs on current screeners. This is essentially
the same as the December 2001 amendment to this section.
Further, this section requires that individuals who accept checked
baggage for transport on behalf of the aircraft operator must undergo a
CHRC. This includes ticket agents, sky caps, individuals at remote
check-in sites at hotels, and others. Most such individuals currently
have unescorted access to the SIDA and therefore are subject to the
current rule. There are some, however, that are not currently subject
to Sec. 1544.229.
Individuals who accept checked baggage exercise important security
functions, which may include such functions as identifying those items
that require extra security, and guarding the baggage from tampering.
It is important that such individuals can be relied on. Accordingly,
this rule ensures that all such individuals will undergo a CHRC.
Note that this section does not cover individuals who accept cargo
for transport (except for those who also screen cargo). Many such
individual have unescorted access to the SIDA and therefore are subject
to the rule. As to the others, TSA is now closely examining the cargo
industry and determining what additional security measures may be
advisable. We will provide for additional security measures in the
future.
Paragraph (g) covers determining the arrest status of an individual
when the CHRC results show an arrest for a disqualifying criminal
offence but do not show the disposition of that offense. This paragraph
states that the aircraft operator must determine, after investigation,
that the arrest did not result in a disqualifying offense before the
individual may serve in the covered position. This has been interpreted
by some people to mean that there must be a disposition in order for
the individual to serve. This was not intended. For instance, if the
court is holding the case in abeyance, and there is no conviction or
finding of not guilty by reason of insanity, the individual is not
disqualified. This section is amended to better explain this meaning.
Note that if the individual is later convicted he or she must report
the conviction under paragraph (l). The same change is made to
Sec. 1542.209(g) for airport operators.
The requirements for screener qualifications and testing are now in
subpart E, discussed below.
Screener Qualifications
Subpart E contains the qualifications and training standards for
screeners. Current screeners will continue under the current standard
(14 CFR 108.213 in the current rule, 49 CFR 1544.403 in this new rule)
until November 19, 2002, when all screeners must meet the new
standards. TSA is developing new training that it will provide to
aircraft operators and foreign air carriers, and will order them to
begin using on a specified date. The new standards will apply to those
who first serve as screeners on and after that date.
Sections 1544.405 through 1544.411 cover the new screeners, who
first serve as screeners on and after February 17, 2002. Most of the
new standards come from ATSA. These provisions are essentially the same
as those that TSA will use for screeners that it hires as employees to
screen in the majority of airports. This rule will ensure that all
screeners meet the same enhanced standards required under ATSA.
Section 1544.405, regarding the qualifications of screening
personnel, incorporates the basic qualifications for screeners now in
Sec. 108.213, and additions from ATSA. Screeners must be U.S. citizens
and have a high school diploma or a General Equivalency Diploma (GED).
As authorized by ATSA, TSA may determine that the individual's
education and experience are sufficient instead of the high school
diploma or GED. Screeners must also have a satisfactory or better score
on a screener selection test provided by TSA.
Section 1544.405 also sets out that those seeking to be screeners
must have the fundamental physical and mental aptitude necessary to
perform the job. These include the statutory requirements for adequate
color perception, motor skills and related physical abilities in
accordance with their assignment, and the ability to read, write, and
speak in English.
Section 1544.407 covers the training, testing, and knowledge of
individuals who perform screening functions. For those locations where
the hiring and training of screeners remain an aircraft operator
responsibility, the aircraft operator or foreign air carrier will be
responsible to meet specific training and testing standards. Except as
part of on-the-job training, no one may perform screening functions
without having completed the required initial, recurrent, and
specialized training, and no aircraft operator may use screeners who
are not properly trained.
More specifically, for screeners who first serve on or after
February 17, 2002, this section provides that training must be
conducted using training programs that have been made available by TSA.
Current standards allow for as little as 12 hours of classroom
instruction; as required by statute, newly hired trainees must complete
40 hours of classroom training. The required training program will be
made available through the aircraft operator's or foreign air carrier's
Principal Security Inspector. The
[[Page 8347]]
material in the training program will take 40 hours to cover
adequately.
Following classroom instruction, but before moving on to the on-
the-job portion of the training, a trainee must pass the screener
readiness test. On-the-job training must be for at least 60 hours, in
accordance with ATSA. Although a trainee will be performing screening
functions during on-the-job training, he or she must be closely
supervised. Further testing is required after completion of on-the-job
training before the screener is allowed to make independent judgments
as a screener.
Under Sec. 1544.407(g), aircraft operators are prohibited from
allowing trainees to have access to sensitive security information
(SSI) until the criminal history records check (required by
Sec. 1544.229) is successfully completed. As discussed in the changes
to part 1520, certain information related to civil aviation security
must be protected from unauthorized disclosure because it could be used
to attempt to defeat the security system if it falls into the wrong
hands.
Before allowing an individual to screen passengers and property
that will be carried in the cabin of an aircraft, the aircraft operator
must conduct a criminal history records check and verify that the
individual does not have a disqualifying criminal offense. These
requirements are set out at Sec. 1544.229. Under this rule, that check
must be completed before giving SSI to a trainee. Criminal history
records checks are also required for individuals with unescorted access
to security identification display areas (SIDA). They are conducted by
either the airport operator or aircraft operator. See 49 U.S.C. 44936
and Sec. 1544.229. See also Criminal History Records Checks, 66 FR
63474, Dec. 6, 2001.
Section 1544.409 covers the integrity of screener tests. Paragraph
(a) makes it a violation to cheat or facilitate cheating on any
screener test, such as by unauthorized copying, or giving or receiving
improper assistance on the test. This section was proposed in the
screening company NPRM and no commenters objected. This section
emphasizes that cheating is not permitted on any training test
administered to or taken by screening personnel, to include test
monitors, screeners, screeners in charge, and checkpoint security
supervisors. These requirements are similar to the testing regulations
for pilots in 14 CFR 61.37.
Certain of the requirements apply ``except as authorized,'' to
provide for the possibility that in the future, TSA would authorize
such conduct as the use of certain outside materials. For instance, in
pilot exams, the applicants may bring flight computers to perform
required calculations.
In addition, Sec. 1544.409(b) governs administering and monitoring
screener readiness tests. Whenever a screener readiness test is to be
performed, the aircraft operator must notify the agency. If a
government official is not available at the time the test is being
conducted, the test must be administered and monitored by a direct
employee of the aircraft operator. Screening companies will not be
permitted to monitor their own screener readiness tests. The monitor
must not be a screener or supervisor, but must understand the nature of
the test and be able to detect cheating. This does not require
knowledge of the subject matter in which the screener is tested. For
instance, the monitor must know what, if any, outside materials the
screener is allowed to use and be able to observe whether the screener
is using unauthorized materials. The monitor will be expected to call
up the test on the computer for the trainee, to submit the computerized
test for grading, and to make a record of the grade, such as by
printing out the result.
We recognize that at some airports the aircraft operator may not
have an employee who can perform this task. The rule provides that TSA
may authorize an aircraft operator or foreign air carrier to use as a
test monitor a person who is neither a direct employee nor a government
employee. This ensures independence on the part of the person who is
monitoring the test. For instance, an aircraft operator or foreign air
carrier may have difficulty at small airports at which it has few
flights. Such airports often have a pilot school or fixed base operator
at which an FAA-designated examiner administers and monitors written
pilot tests. Designated examiners are very familiar with monitoring
tests to prevent cheating. An aircraft operator or foreign air carrier
could consider arranging for the designated examiner to monitor the
screener training tests.
If multiple aircraft operators or foreign air carriers contract
with one screening company, TSA will authorize one of them to monitor
the screener tests, or the responsibility may be rotated among them.
We are not requiring that the on-the-job training tests be
monitored because of the logistical difficulties involved with
screeners completing their 60 hours of on-the-job training at varied
times.
Section 1544.411 covers the continuing qualifications for screening
personnel. ATSA states that a screener must be fit for duty on a daily
basis, unimpaired by illegal drugs, sleep deprivation, medication, or
alcohol. Paragraph (a) of this section includes these requirements, but
also makes it clear that they are intended as examples of potential
causes of impairment rather than an exclusive list. We believe that
fitness for duty is an absolute requirement for proper execution of a
screener's responsibilities, and on-duty impairment is unacceptable,
irrespective of the cause.
Under Sec. 1544.411(b), aircraft operators are prohibited from
allowing screeners who have not completed training, including on-the-
job training, to exercise independent judgment about permitting
individuals or property to pass into the sterile area of an airport or
aboard an aircraft.
Under paragraph (c), whenever a screener fails a TSA operational
test, he or she must undergo remedial training before being permitted
to resume screening duties.
An annual proficiency review is required in paragraph (d). To
ensure that a screener's skills are maintained over time, the aircraft
operator's Ground Security Coordinator must conduct an annual
evaluation of each person performing screening functions. This is the
same requirement as set forth in Sec. 108.213(d). This proficiency
review must satisfactorily demonstrate that the screener continues to
meet all qualification requirements, has performed satisfactorily, and
demonstrates the current knowledge and skills necessary to courteously,
vigilantly, and effectively perform screening functions.
Signs for X-ray Systems
The current rules require aircraft operators to post signs if they
use X-ray technology, including explosive detection systems. See
Secs. 108.209(e) and 108.211(b). The signs alert people that items are
inspected by X-rays and warn them to remove X-ray, scientific, and
high-speed film from their accessible property and checked baggage.
This rule includes these sign requirements when the aircraft
operator conducts screening using X-ray technology. If TSA is screening
accessible property, however, the aircraft operator is not responsible
for the signs. TSA will control the screening checkpoint and will post
all necessary signs. This rule requires aircraft operators to post
signs where checked baggage is accepted if either TSA or the aircraft
operator screens checked baggage using X-ray technology. See
Secs. 1544.209(e) and 1544.211(b). The aircraft operators
[[Page 8348]]
continue to have control over locations where checked baggage is
accepted and must post the signs to provide necessary information to
the passengers. These signs are already posted in most places where
they are needed. The aircraft operators will simply need to keep them
posted.
The following distribution table is provided to illustrate how the
current regulations relate to the newly added regulations.
Distribution Table
------------------------------------------------------------------------
New section 49 CFR part 1544/
Current section 14 CFR part 108 1540
------------------------------------------------------------------------
108.1..................................... 1544.1
108.3..................................... 1540.5
108.5..................................... 1544.3
108.7 and 107.9........................... 1540.103
108.9 and 107.11.......................... 1540.105
Subpart B (Secs. 108.101-108.105)........ Subpart B (Secs. 1544.101-
1544.105)
108.201(c)................................ 1540.107
108.201(e) and (f)........................ 1540.101
108.203 (e)............................... 1540.101
108.205................................... 1544.205
108.207................................... 1544.209
108.209................................... 1544.211
108.211................................... 1544.213
108.213................................... 1544.403
Subpart C (Secs. 108.215-108.235)........ Subpart C (Secs. 1544.215-
1544.235)
Subpart D (Secs. 108.301-108.305)........ Subpart D (Secs. 1544.301-
1544.305)
------------------------------------------------------------------------
49 CFR Part 1546--Foreign Air Carrier Security
New part 1546 provides the rules for foreign air carriers that
operate within the United States. It largely contains the same
requirements as the security sections in 14 CFR part 129, including
Secs. 129.25, 129.26, 129.27, and 129.31. However, it has been
reorganized for ease of use, and certain requirements are updated, such
as the procedure for adopting and amending a security program. Further,
several additional measures are amended or added, including signs for
X-ray machines in Sec. 1546.209, and screener qualifications and
training in subpart E is added, reading essentially the same and for
the same reasons as in part 1544.
Section 1546.209 (current Sec. 129.26) covers the use of X-ray
systems. The industry standard for X-ray systems is updated for foreign
air carriers in Sec. 1546.209(g), consistent with the requirement for
aircraft operators in Sec. 1544.209(g). The ASTM standard has been
amended to provide an updated operational test procedure. Foreign air
carriers currently are carrying out this procedure. This rule
incorporates the new ASTM standard.
The following chart cross-references applicable sections of the
regulations for foreign air carrier security that were moved from 14
CFR to 49 CFR:
Distribution Table
------------------------------------------------------------------------
Current section/part 14 CFR part New section/part 49 CFR part 1546/
129 1540/1510
------------------------------------------------------------------------
129.25(a)........................ 1510.3
129.25(b)........................ 1546.101
129.25(b)(1)..................... 1546.101(a)
129.25(b)(2)..................... 1546.101(b)
129.25(b)(3)..................... 1546.101(c)
129.25(b)(4)..................... 1546.101(d)
129.25(c)........................ 1546.103(b)
129.25(d)........................ 1546.103(c)
129.25(e)........................ 1546.103(a)(1)
129.25(e)(1)..................... 1546.103(a)(2)
129.25(e)........................ 1546.105
129.25(f)........................ 1546.301
129.25(g)........................ 1546.201(c)
129.25(h)........................ 1546.209(a)
129.25(i)........................ 1546.209(b)
129.25(j)........................ 1546.201(a), (b)
129.26........................... 1546.207
129.27(a)........................ 1546.201(d) and 1540.101
129.27(b)........................ 1546.203(c) and 1540.101
129.31........................... 1546.103(d)
------------------------------------------------------------------------
49 CFR Part 1548--Indirect Air Carrier Security
New part 1548 provides the rules for indirect air carriers. It is
largely the same as 14 CFR part 109. However, it has been reorganized
for readability and to update certain requirements, such as the
procedure for adopting and amending a security program.
In the screening company NPRM the FAA proposed to add a section on
the FAA's inspection authority. No comments were received. Section
1548.3 contains TSA's inspection authority for indirect air carriers,
which is the same as for aircraft operators under part 1544 and others
under this subchapter.
Section 1548.5 and 1548.7 contain the requirements for security
programs. These sections were proposed (in slightly different formats)
in the January 2000 screening company NPRM and received no negative
comments. Section 1548.5, Adoption and implementation, redesignates
current Sec. 109.3 as Sec. 1548.5 and reorganizes it to be similar to
Sec. 1544.103. Section 1548.5 is largely the same as current
Sec. 109.3. New paragraph 1548.5(d)(2) makes clear that the security
program at each office where cargo is accepted may be an electronic
version.
Section 1548.7 restates and clarifies Sec. 109.5 and makes it
consistent with Sec. 1544.105.
The following distribution table is provided to illustrate how the
current regulations relate to the newly added regulations.
Distribution Table
------------------------------------------------------------------------
New
section
Current section 14 CFR part 109 49 CFR
part 1548
------------------------------------------------------------------------
109.1........................................................ 1548.1
109.3........................................................ 1548.5
109.5........................................................ 1548.7
------------------------------------------------------------------------
49 CFR Part 1550--Aircraft Security Under General Operating and
Flight Rules
This part includes security requirements for aircraft operations
other than those governed by other parts in this subchapter. It covers
air carrier operations that are not covered by part 1544, such as
corporate and private aircraft, and other operations. Part 1550 now
provides the rules for aircraft operators covered under SFAR 91 (66 FR
50531, Oct. 4, 2001). It contains the same requirements as those in the
SFAR, but is reorganized.
In addition, Sec. 1550.3 describes TSA's inspection authority for
aircraft operators under this part. It is largely the same as for
aircraft operators under part 1544 and others under this subchapter,
except that it does not include references to access to the SIDA,
because they are not relevant in this part.
Section 1550.5 is essentially the same as SFAR 91 paragraph 1(a).
Section 1550.7 is essentially the same as SFAR 91 paragraph 1(b),
except that the size of aircraft covered is expanded. SFAR 91 covers
aircraft with a maximum certificated takeoff weight of more than 12,500
pounds. However, in ATSA Congress has provided that the agency must
require increased security for aircraft of 12,500 pounds or more. See
ATSA sections 113 and 132(a). Accordingly, Sec. 1550.7 provides that
TSA may require additional measures for operators of aircraft 12,500
pounds or more maximum certificated takeoff weight when TSA determines
that a threat exists.
The following distribution table is provided to illustrate how the
current regulations relate to the newly added regulations.
Distribution Table
------------------------------------------------------------------------
Current section SFAR No. 91 in 14 CFR New section 49 CFR part
part 91 1550
------------------------------------------------------------------------
1(a)...................................... 1550.5
[[Page 8349]]
1(b)...................................... 1550.7
2......................................... Secs. 1550.5 and 1550.7
3......................................... Secs. 1550.5 and 1550.7
4......................................... Secs. 1550.5 and 1550.7
5......................................... 1550.1
------------------------------------------------------------------------
Good Cause for Immediate Adoption
This action mostly is an administrative action moving rules from
one title to another in the Code of Federal Regulations. In addition,
ATSA imposes a statutory mandate for TSA to improve screener
qualifications and training, checked baggage security, and cargo
security. This action is necessary to prevent a possible imminent
hazard to aircraft and persons and property within the United States.
Because the circumstances described herein warrant immediate action,
the Under Secretary finds that notice and public comment under 5 U.S.C.
553(b) are impracticable and contrary to the public interest. We will
consider all comments we receive on or before the closing date for
comments. We will consider comments filed late if it is possible to do
without incurring expense or delay. We may further amend this rule in
light of the comments we receive.
Paperwork Reduction Act
This final rule contains information collection requirements that
were previously approved for parts 107 (2120-0075, 2120-0554, 2120-
0628), 108 (2120-0098, 2120-0554, 2120-0577, 2120-0628, 2120-0642), 109
(2120-0505), and 129 (2120-0638), in accordance with the Paperwork
Reduction Act (44 U.S.C. Section 3507(d)). TSA is submitting to the
Office of Management and Budget a supplemental justification requesting
that these approvals be transferred from the FAA to TSA.
Economic Analyses
This rulemaking action is taken under an emergency situation within
the meaning of Section 6(a)(3)(D) of Executive Order 12866, Regulatory
Planning and Review. It also is considered an emergency regulation
under Paragraph 11g of the Department of Transportation (DOT)
Regulatory Policies and Procedures. In addition, it is a significant
rule within the meaning of the Executive Order and DOT's policies and
procedures. No regulatory analysis or evaluation accompanies this rule.
TSA has not assessed whether this rule will have a significant economic
impact on a substantial number of small entities as defined in the
Regulatory Flexibility Act of 1980. When no notice of proposed
rulemaking has first been published, the Regulatory Flexibility Act
does not apply. TSA recognizes that this rule may impose significant
costs on aircraft operators and foreign air carriers. An assessment
will be conducted in the future. In any event, the current security
threat requires that operators take necessary measures to ensure the
safety and security of their operations. This rule has been reviewed by
the Office of Management and Budget under Executive Order 12866.
Executive Order 13132, Federalism
The TSA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. We determined that this action will
not have a substantial direct effect on the States, or the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, we have determined that this final rule does not have
federalism implications.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. The FAA and TSA have assessed the potential effect of this
final rule and have determined that it will impose the same costs on
domestic and international entities and thus has a neutral trade
impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Public Law 104-4 on March 22, 1995, is intended, among other things, to
curb the practice of imposing unfunded Federal mandates on State,
local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation)
in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
The requirements of Title II of the Unfunded Mandates Reform Act of
1995 do not apply when rulemaking actions are taken without the
issuance of a notice of proposed rulemaking. Therefore, the FAA and TSA
have not prepared a statement under the Act.
Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.
Energy Impact
The energy impact of this rule has been assessed in accordance with
the Energy Policy and Conservation Act (EPCA) Public Law 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that this rule is not a major regulatory action under the provisions of
the EPCA.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires TSA to comply with small entity requests for information
advice about compliance with statutes and regulations within TSA's
jurisdiction. Any small entity that has a question regarding this
document may contact the person listed in FOR FURTHER INFORMATION
CONTACT for information. You can get further information regarding
SBREFA on the Small Business Administration's Web page at http://
www.sba.gov/advo/laws/law_lib.html.
List of Subjects
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 107
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
14 CFR Part 108
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
14 CFR Part 109
Air carriers, Aircraft, Freight forwarders, Security measures.
[[Page 8350]]
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety, Security measures.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
14 CFR Part 139
Air carriers, Airports, Aviation safety, Reporting and
recordkeeping requirements.
14 CFR Part 191
Air transportation, Security measures.
49 CFR Part 1500
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1510
Accounting, Auditing, Air carriers, Air transportation,
Enforcement, Federal oversight, Foreign air carriers, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 1520
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1540
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1542
Air carriers, Aircraft, Aviation safety, Security measures.
49 CFR Part 1544
Air carriers, Aircraft, Aviation safety, Freight forwarders,
Incorporation by reference, Reporting and recordkeeping requirements,
Security measures.
49 CFR Part 1546
Aircraft, Aviation safety, Foreign air carriers, Incorporation by
reference, Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1548
Air transportation, Reporting and recordkeeping requirements,
Security measures.
49 CFR Part 1550
Aircraft, Security measures.
Federal Aviation Administration
14 CFR Chapter I
Authority and Issuance
For the reasons stated in the preamble and under the authority of
49 U.S.C. 40102, the Federal Aviation Administration amends 14 CFR
chapter I as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
Special Federal Aviation Regulation No. 91--[Removed]
2. Remove SFAR No. 91 from 14 CFR part 91.
PART 107--[REMOVED]
3. Remove 14 CFR part 107.
PART 108--[REMOVED]
4. Remove 14 CFR part 108.
PART 109--[REMOVED]
5. Remove 14 CFR part 109.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
6. Revise the authority citation for part 121 to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.
7. Revise Sec. 121.538 to read as follows:
Sec. 121.538 Aircraft security.
Certificate holders conducting operations under this part must
comply with the applicable security requirements in 49 CFR chapter XII.
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
8. Revise the authority citation for part 129 to read as follows:
Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 41706,
44701-44702, 44712, 44716-44717, 44722.
9. Revise Sec. 129.25 to read as follows:
Sec. 129.25 Airplane security.
Foreign air carriers conducting operations under this part must
comply with the applicable security requirements in 49 CFR chapter XII.
Secs. 129.26, 129.27, and 129.31 [Removed]
10. Remove Secs. 129.26, 129.27, and 129.31.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
11. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 41706, 44113, 44101, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722.
12. Revise Sec. 135.125 to read as follows:
Sec. 135.125 Aircraft security.
Certificate holders conducting operators conducting operations
under this part must comply with the applicable security requirements
in 49 CFR chapter XII.
PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING
CERTAIN AIR CARRIERS
13. The authority citation for part 139 continues to read as
follows:
Authority: 49 U.S.C. 106 (g), 40113, 44701-44706, 44709, 44719.
14. Section 139.325(h) is revised to read as follows:
Sec. 139.325 Airport emergency plan.
* * * * *
(h) Each airport subject to 49 CFR part 1542, Airport Security,
shall ensure that instructions for response to paragraphs (b)(2) and
(b)(6) of this section in the airport emergency plan are consistent
with its approved security program.
* * * * *
PART 191--[REMOVED]
15. Remove 14 CFR part 191.
Issued in Washington, DC on February 14, 2002.
Jane F. Garvey,
Administrator.
Transportation Security Administration
49 CFR Chapter XII
[[Page 8351]]
For the reasons stated in the preamble, the Transportation Security
Administration amends 49 CFR Chapter XII as follows:
1. Add new subchapter A and part 1500 to Chapter XII to read as
follows:
SUBCHAPTER A--ADMINISTRATIVE AND PROCEDURAL RULES
PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS
Sec.
1500.1 Applicability.
1500.3 Terms and abbreviations used in this chapter.
1500.5 Rules of construction.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
Sec. 1500.1 Applicability.
This chapter, this subchapter, and this part apply to all matters
regulated by the Transportation Security Administration.
Sec. 1500.3 Terms and abbreviations used in this chapter.
As used in this chapter:
Person means an individual, corporation, company, association,
firm, partnership, society, joint-stock company, or governmental
authority. It includes a trustee, receiver, assignee, successor, or
similar representative of any of them.
Transportation Security Regulations (TSR) means the regulations
issued by the Transportation Security Administration, in title 49 of
the Code of Federal Regulations, chapter XII, which includes parts 1500
through 1699.
TSA means the Transportation Security Administration.
Under Secretary means the Under Secretary of Transportation for
Security.
United States, in a geographical sense, means the States of the
United States, the District of Columbia, and territories and
possessions of the United States, including the territorial sea and the
overlying airspace.
Sec. 1500.5 Rules of construction.
(a) In this chapter, unless the context requires otherwise:
(1) Words importing the singular include the plural.
(2) Words importing the plural include the singular.
(3) Words importing the masculine gender include the feminine.
(b) In this chapter, the word:
(1) ``Must'' is used in an imperative sense;
(2) ``May'' is used in a permissive sense to state authority or
permission to do the act prescribed, and the words ``no person may * *
*'' or ``a person may not * * *'' mean that no person is required,
authorized, or permitted to do the act prescribed; and
(3) ``Includes'' means ``includes but is not limited to''.
2. Existing part 1510 is transferred to subchapter A.
3. Add new subchapter B and part 1520 to Chapter XII.
SUBCHAPTER B--SECURITY RULES FOR ALL MODES OF TRANSPORTATION
PART 1520--PROTECTION OF SENSITIVE SECURITY INFORMATION
Sec.
1520.1 Applicability and definitions.
1520.3 Records and information withheld by the Department of
Transportation.
1520.5 Records and information protected by others.
1520.7 Sensitive security information.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
Sec. 1520.1 Applicability and definitions.
(a) This part governs the release, by the Transportation Security
Administration and by other persons, of records and information that
has been obtained or developed during security activities or research
and development activities.
(b) For purposes of this part:
Record includes any writing, drawing, map, tape, film, photograph,
or other means by which information is preserved, irrespective of
format.
Vulnerability assessment means any examination of a transportation
system, vehicle, or facility to determine its vulnerability to unlawful
interference.
(c) The authority of the Under Secretary under this part may be
further delegated within TSA.
(d) The Under Secretary's authority under this part to withhold or
to disclose sensitive security information is also exercised, in
consultation with the Under Secretary, by the Commandant of the United
States Coast Guard, as to matters affecting and information held by the
Coast Guard, and the Administrator of each DOT administration, as to
matters affecting and information held by that administration, and any
individual formally designated to act in their capacity.
Sec. 1520.3 Records and information withheld by the Department of
Transportation.
(a) Except as provided in paragraphs (c) and (d) of this section,
and notwithstanding the Freedom of Information Act (5 U.S.C. 552) or
other laws, the records and information described in Sec. 1520.7 and
paragraph (b) of this section are not available for public inspection
or copying, nor is information contained in those records released to
the public.
(b) Section 1520.7 describes the information that TSA prohibits
from disclosure. The Under Secretary prohibits disclosure of
information developed in the conduct of security or research and
development activities under 49 U.S.C. 40119 if, in the opinion of the
Under Secretary, the disclosure of such information would:
(1) Constitute an unwarranted invasion of privacy (including, but
not limited to, information contained in any personnel, medical, or
similar file);
(2) Reveal trade secrets or privileged or confidential information
obtained from any person; or
(3) Be detrimental to the safety of persons traveling in
transportation.
(c) If a record contains information that the Under Secretary
determines cannot be disclosed under this part, but also contains
information that can be disclosed, the latter information, on proper
Freedom of Information Act request, will be provided for public
inspection and copying. However, if it is impractical to redact the
requested information from the document, the entire document will be
withheld from public disclosure.
(d) After initiation of legal enforcement action, if the alleged
violator or designated representative so requests, the Chief Counsel,
or designee, may provide copies of portions of the enforcement
investigative report (EIR), including sensitive security information.
This information may be released only to the alleged violator or
designated representative for the sole purpose of providing the
information necessary to prepare a response to the allegations
contained in the legal enforcement action document. Such information is
not released under the Freedom of Information Act. Whenever such
documents are provided to an alleged violator or designated
representative, the Chief Counsel or designee advises the alleged
violator or designed representative that--
(1) The documents are provided for the sole purpose of providing
the information necessary to respond to the allegations contained in
the legal enforcement action document; and
(2) Sensitive security information contained in the documents
provided must be maintained in a confidential manner to prevent
compromising civil aviation security, as provided in Sec. 1520.5.
[[Page 8352]]
Sec. 1520.5 Records and information protected by others.
(a) Duty to protect information. The following persons must
restrict disclosure of and access to sensitive security information
described in Sec. 1520.7 (a) through (g), (j), (k), and (m) through
(r), and, as applicable, Sec. 1520.7 (l) to persons with a need to know
and must refer requests by other persons for such information to TSA or
the applicable DOT administration:
(1) Each person employed by, contracted to, or acting for a person
listed in this paragraph (a).
(2) Each airport operator under part 1542 of this chapter.
(3) Each aircraft operator under part 1544 of this chapter.
(4) Each foreign air carrier under part 1546 of this chapter.
(5) Each indirect air carrier under part 1548 of this chapter.
(6) Each aircraft operator under Sec. 1550.5 of this chapter.
(7) Each person receiving information under Sec. 1520.3 (d).
(8) Each person for which a vulnerability assessment has been
authorized, approved, or funded by DOT, irrespective of the mode of
transportation.
(b) Need to know. For some specific sensitive security information,
the Under Secretary may make a finding that only specific persons or
classes of persons have a need to know. Otherwise, a person has a need
to know sensitive security information in each of the following
circumstances:
(1) When the person needs the information to carry out DOT-
approved, accepted, or directed security duties.
(2) When the person is in training to carry out DOT-approved,
accepted, or directed security duties.
(3) When the information is necessary for the person to supervise
or otherwise manage the individuals carrying to carry out DOT-approved,
accepted, or directed security duties.
(4) When the person needs the information to advise the persons
listed in paragraph (a) of this section regarding any DOT security-
related requirements.
(5) When the person needs the information to represent the persons
listed in paragraph (a) of this section in connection with any judicial
or administrative proceeding regarding those requirements.
(c) Release of sensitive security information. When sensitive
security information is released to unauthorized persons, any person
listed in paragraph (a) of this section or individual with knowledge of
the release, must inform DOT.
(d) Violation. Violation of this section is grounds for a civil
penalty and other enforcement or corrective action by DOT.
(e) Applicants. Wherever this part refers to an aircraft operator,
airport operator, foreign air carrier, or indirect air carrier, those
terms also include applicants for such authority.
(f) Trainees. An individual who is in training for a position is
considered to be employed by, contracted to, or acting for persons
listed in paragraph (a) of this section, regardless of whether that
individual is currently receiving a wage or salary or otherwise is
being paid.
Sec. 1520.7 Sensitive security information.
Except as otherwise provided in writing by the Under Secretary as
necessary in the interest of safety of persons in transportation, the
following information and records containing such information
constitute sensitive security information:
(a) Any approved, accepted, or standard security program under the
rules listed in Sec. 1520.5(a)(1) through (6), and any security program
that relates to United States mail to be transported by air (including
that of the United States Postal Service and of the Department of
Defense); and any comments, instructions, or implementing guidance
pertaining thereto.
(b) Security Directives and Information Circulars under
Sec. 1542.303 or Sec. 1544.305 of this chapter, and any comments,
instructions, or implementing guidance pertaining thereto.
(c) Any selection criteria used in any security screening process,
including for persons, baggage, or cargo under the rules listed in
Sec. 1520.5(a)(1) through (6).
(d) Any security contingency plan or information and any comments,
instructions, or implementing guidance pertaining thereto under the
rules listed in Sec. 1520.5(a)(1) through (6).
(e) Technical specifications of any device used for the detection
of any deadly or dangerous weapon, explosive, incendiary, or
destructive substance under the rules listed in Sec. 1520.5(a)(1)
through (6).
(f) A description of, or technical specifications of, objects used
to test screening equipment and equipment parameters under the rules
listed in Sec. 1520.5(a)(1) through (6).
(g) Technical specifications of any security communications
equipment and procedures under the rules listed in Sec. 1520.5(a)(1)
through (6).
(h) As to release of information by TSA: Any information that TSA
has determined may reveal a systemic vulnerability of the aviation
system, or a vulnerability of aviation facilities, to attack. This
includes, but is not limited to, details of inspections,
investigations, and alleged violations and findings of violations of 14
CFR parts 107, 108, or 109 and 14 CFR 129.25, 129.26, or 129.27 in
effect prior to November 14, 2001 (see 14 CFR parts 60 to 139 revised
as of January 1, 2001); or parts 1540, 1542, 1544, 1546, 1548, or
Sec. 1550.5 of this chapter, and any information that could lead the
disclosure of such details, as follows:
(1) As to events that occurred less than 12 months before the date
of the release of the information, the following are not released: the
name of an airport where a violation occurred, the regional identifier
in the case number, a description of the violation, the regulation
allegedly violated, and the identity of the aircraft operator in
connection with specific locations or specific security procedures. TSA
may release summaries of an aircraft operator's total security
violations in a specified time range without identifying specific
violations. Summaries may include total enforcement actions, total
proposed civil penalty amounts, total assessed civil penalty amounts,
number of cases opened, number of cases referred to TSA or FAA counsel
for legal enforcement action, and number of cases closed.
(2) As to events that occurred 12 months or more before the date of
the release of information, the specific gate or other location on an
airport where an event occurred is not released.
(3) The identity of TSA or FAA special agent who conducted the
investigation or inspection.
(4) Security information or data developed during TSA or FAA
evaluations of the aircraft operators and airports and the
implementation of the security programs, including aircraft operator
and airport inspections and screening point tests or methods for
evaluating such tests under the rules listed in Sec. 1520.5(a)(1)
through (6).
(i) As to release of information by TSA: Information concerning
threats against transportation.
(j) Specific details of aviation security measures whether applied
directly by the TSA or entities subject to the rules listed in
Sec. 1520.5(a)(1) through (6). This includes, but is not limited to,
information concerning specific numbers of Federal Air Marshals,
deployments or missions, and the methods involved in such operations.
(k) Any other information, the disclosure of which TSA has
prohibited under the criteria of 49 U.S.C. 40119.
(l) Any draft, proposed, or recommended change to the information
and records identified in this section.
[[Page 8353]]
(m) The locations at which particular screening methods or
equipment are used under the rules listed in Sec. 1520.5(a)(1) through
(6) if TSA determines that the information meets the criteria of 49
U.S.C. 40119.
(n) Any screener test used under the rules listed in
Sec. 1520.5(a)(1) through (6).
(o) Scores of tests administered under the rules listed in
Sec. 1520.5(a)(1) through (6).
(p) Performance data from screening systems, and from testing of
screening systems under the rules listed in Sec. 1520.5(a)(1) through
(6).
(q) Threat images and descriptions of threat images for threat
image projection systems under the rules listed in Sec. 1520.5(a)(1)
through (6).
(r) Information in a vulnerability assessment that has been
authorized, approved, or funded by DOT, irrespective of mode of
transportation.
4. Add new subchapter C and part 1540 to Chapter XII.
SUBCHAPTER C--CIVIL AVIATION SECURITY
PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES
Subpart A--General
Sec.
1540.1 Applicability of this subchapter and this part.
1540.3 Delegation of authority.
1540.5 Terms used in this subchapter.
Subpart B--Responsibilities of Passengers and Other Individuals and
Persons
1540.101 Applicability of this subpart.
1540.103 Fraud and intentional falsification of records.
1540.105 Security responsibilities of employees and other persons.
1540.107 Submission to screening and inspection.
1540.109 Prohibition against interference with screening
personnel.
1540.111 Carriage of weapons, explosives, and incendiaries by
individuals.
1540.113 Inspection of airman certificate.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
Subpart A--General
Sec. 1540.1 Applicability of this subchapter and this part.
This subchapter and this part apply to persons engaged in aviation-
related activities.
Sec. 1540.3 Delegation of authority.
(a) Where the Under Secretary is named in this subchapter as
exercising authority over a function, the authority is exercised by the
Under Secretary or the Deputy Under Secretary, or any individual
formally designated to act as the Under Secretary or the Deputy Under
Secretary.
(b) Where TSA or the designated official is named in this
subchapter as exercising authority over a function, the authority is
exercised by the official designated by the Under Secretary to perform
that function.
Sec. 1540.5 Terms used in this subchapter.
In addition to the terms in part 1500 of this chapter, the
following terms are used in this subchapter:
Air operations area (AOA) means a portion of an airport, specified
in the airport security program, in which security measures specified
in this part are carried out. This area includes aircraft movement
areas, aircraft parking areas, loading ramps, and safety areas, for use
by aircraft regulated under 49 CFR part 1544 or 1546, and any adjacent
areas (such as general aviation areas) that are not separated by
adequate security systems, measures, or procedures. This area does not
include the secured area.
Aircraft operator means a person who uses, causes to be used, or
authorizes to be used an aircraft, with or without the right of legal
control (as owner, lessee, or otherwise), for the purpose of air
navigation including the piloting of aircraft, or on any part of the
surface of an airport. In specific parts or sections of this
subchapter, ``aircraft operator'' is used to refer to specific types of
operators as described in those parts or sections.
Airport operator means a person that operates an airport serving a
aircraft operator or a foreign air carrier required to have a security
program under part 1544 or 1546 of this chapter.
Airport security program means a security program approved by TSA
under Sec. 1542.101 of this chapter.
Airport tenant means any person, other than an aircraft operator or
foreign air carrier that has a security program under part 1544 or 1546
of this chapter, that has an agreement with the airport operator to
conduct business on airport property.
Airport tenant security program means the agreement between the
airport operator and an airport tenant that specifies the measures by
which the tenant will perform security functions, and approved by TSA,
under Sec. 1542.113 of this chapter.
Approved, unless used with reference to another person, means
approved by TSA.
Cargo means property tendered for air transportation accounted for
on an air waybill. All accompanied commercial courier consignments,
whether or not accounted for on an air waybill, are also classified as
cargo. Aircraft operator security programs further define the term
``cargo.''
Checked baggage means property tendered by or on behalf of a
passenger and accepted by an aircraft operator for transport, which is
inaccessible to passengers during flight. Accompanied commercial
courier consignments are not classified as checked baggage.
Escort means to accompany or monitor the activities of an
individual who does not have unescorted access authority into or within
a secured area or SIDA.
Exclusive area means any portion of a secured area, AOA, or SIDA,
including individual access points, for which an aircraft operator or
foreign air carrier that has a security program under part 1544 or 1546
of this chapter has assumed responsibility under Sec. 1542.111 of this
chapter.
Exclusive area agreement means an agreement between the airport
operator and an aircraft operator or a foreign air carrier that has a
security program under parts 1544 or 1546 of this chapter that permits
such an aircraft operator or foreign air carrier to assume
responsibility for specified security measures in accordance with
Sec. 1542.111 of this chapter.
FAA means the Federal Aviation Administration.
Indirect air carrier means any person or entity within the United
States not in possession of an FAA air carrier operating certificate,
that undertakes to engage indirectly in air transportation of property,
and uses for all or any part of such transportation the services of a
passenger air carrier. This does not include the United States Postal
Service (USPS) or its representative while acting on the behalf of the
USPS.
Loaded firearm means a firearm that has a live round of ammunition,
or any component thereof, in the chamber or cylinder or in a magazine
inserted in the firearm.
Passenger seating configuration means the total maximum number of
seats for which the aircraft is type certificated that can be made
available for passenger use aboard a flight, regardless of the number
of seats actually installed, and includes that seat in certain aircraft
that may be used by a representative of the FAA to conduct flight
checks but is available for revenue purposes on other occasions.
Private charter means any aircraft operator flight--
(1) For which the charterer engages the total passenger capacity of
the aircraft for the carriage of passengers; the passengers are invited
by the charterer; the cost of the flight is borne
[[Page 8354]]
entirely by the charterer and not directly or indirectly by any
individual passenger; and the flight is not advertised to the public,
in any way, to solicit passengers.
(2) For which the total passenger capacity of the aircraft is used
for the purpose of civilian or military air movement conducted under
contract with the Government of the United States or the government of
a foreign country.
Public charter means any charter flight that is not a private
charter.
Scheduled passenger operation means an air transportation operation
(a flight) from identified air terminals at a set time, which is held
out to the public and announced by timetable or schedule, published in
a newspaper, magazine, or other advertising medium.
Screening function means the inspection of individuals and property
for weapons, explosives, and incendiaries.
Screening location means each site at which individuals or property
are inspected for the presence of weapons, explosives, or incendiaries.
Secured area means a portion of an airport, specified in the
airport security program, in which certain security measures specified
in part 1542 of this chapter are carried out. This area is where
aircraft operators and foreign air carriers that have a security
program under part 1544 or 1546 of this chapter enplane and deplane
passengers and sort and load baggage and any adjacent areas that are
not separated by adequate security measures.
Security Identification Display Area (SIDA) means a portion of an
airport, specified in the airport security program, in which security
measures specified in this part are carried out. This area includes the
secured area and may include other areas of the airport.
Sterile area means a portion of an airport defined in the airport
security program that provides passengers access to boarding aircraft
and to which the access generally is controlled by TSA, or by an
aircraft operator under part 1544 of this chapter or a foreign air
carrier under part 1546 of this chapter, through the screening of
persons and property.
Unescorted access authority means the authority granted by an
airport operator, an aircraft operator, foreign air carrier, or airport
tenant under part 1542, 1544, or 1546 of this chapter, to individuals
to gain entry to, and be present without an escort in, secured areas
and SIDA's of airports.
Subpart B--Responsibilities of Passengers and Other Individuals and
Persons
Sec. 1540.101 Applicability of this subpart.
This subpart applies to individuals and other persons.
Sec. 1540.103 Fraud and intentional falsification of records.
No person may make, or cause to be made, any of the following:
(a) Any fraudulent or intentionally false statement in any
application for any security program, access medium, or identification
medium, or any amendment thereto, under this subchapter.
(b) Any fraudulent or intentionally false entry in any record or
report that is kept, made, or used to show compliance with this
subchapter, or exercise any privileges under this subchapter.
(c) Any reproduction or alteration, for fraudulent purpose, of any
report, record, security program, access medium, or identification
medium issued under this subchapter.
Sec. 1540.105 Security responsibilities of employees and other
persons.
(a) No person may:
(1) Tamper or interfere with, compromise, modify, attempt to
circumvent, or cause a person to tamper or interfere with, compromise,
modify, or attempt to circumvent any security system, measure, or
procedure implemented under this subchapter.
(2) Enter, or be present within, a secured area, AOA, SIDA or
sterile area without complying with the systems, measures, or
procedures being applied to control access to, or presence or movement
in, such areas.
(3) Use, allow to be used, or cause to be used, any airport-issued
or airport-approved access medium or identification medium that
authorizes the access, presence, or movement of persons or vehicles in
secured areas, AOA's, or SIDA's in any other manner than that for which
it was issued by the appropriate authority under this subchapter.
(b) The provisions of paragraph (a) of this section do not apply to
conducting inspections or tests to determine compliance with this part
or 49 U.S.C. Subtitle VII authorized by:
(1) TSA, or
(2) The airport operator, aircraft operator, or foreign air
carrier, when acting in accordance with the procedures described in a
security program approved by TSA.
Sec. 1540.107 Submission to screening and inspection.
No individual may enter a sterile area without submitting to the
screening and inspection of his or her person and accessible property
in accordance with the procedures being applied to control access to
that area under this subchapter.
Sec. 1540.109 Prohibition against interference with screening
personnel.
No person may interfere with, assault, threaten, or intimidate
screening personnel in the performance of their screening duties under
this subchapter.
Sec. 1540.111 Carriage of weapons, explosives, and incendiaries by
individuals.
(a) On an individual's person or accessible property--prohibitions.
Except as provided in paragraph (b) of this section, an individual may
not have a weapon, explosive, or incendiary, on or about the
individual's person or accessible property--
(1) When performance has begun of the inspection of the
individual's person or accessible property before entering a sterile
area;
(2) When the individual is entering or in a sterile area; or
(3) When the individual is attempting to board or onboard an
aircraft for which screening is conducted under Sec. 1544.201 or
Sec. 1546.201 of this chapter.
(b) On an individual's person or accessible property--permitted
carriage of a weapon. Paragraph (a) of this section does not apply as
to carriage of firearms and other weapons if the individual is one of
the following:
(1) Law enforcement personnel required to carry a firearm or other
weapons while in the performance of law enforcement duty at the
airport.
(2) An individual authorized to carry a weapon in accordance with
Secs. 1544.219, 1544.221, 1544.223, or 1546.211 of this chapter.
(3) An individual authorized to carry a weapon in a sterile area
under a security program.
(c) In checked baggage. A passenger may not transport or offer for
transport in checked baggage:
(1) Any loaded firearm(s).
(2) Any unloaded firearm(s) unless--
(i) The passenger declares to the aircraft operator, either orally
or in writing, before checking the baggage, that the passenger has a
firearm in his or her bag and that it is unloaded;
(ii) The firearm is unloaded;
(iii) The firearm is carried in a hard-sided container; and
(iv) The container in which it is carried is locked, and only the
passenger retains the key or combination.
[[Page 8355]]
(3) Any unauthorized explosive or incendiary.
(d) Ammunition. This section does not prohibit the carriage of
ammunition in checked baggage or in the same container as a firearm.
Title 49 CFR part 175 provides additional requirements governing
carriage of ammunition on aircraft.
Sec. 1540.113 Inspection of airman certificate.
Each individual who holds an airman certificate, medical
certificate, authorization, or license issued by the FAA must present
it for inspection upon a request from TSA.
5. Add new part 1542 to Chapter XII, Subchapter C.
PART 1542--AIRPORT SECURITY
Subpart A--General
Sec.
1542.1 Applicability of this part.
1542.3 Airport security coordinator.
1542.5 Inspection authority.
Subpart B--Airport Security Program
1542.101 General requirements.
1542.103 Content.
1542.105 Approval and amendments.
1542.103 Changed conditions affecting security.
1542.109 Alternate means of compliance.
1542.111 Exclusive area agreements.
1542.113 Airport tenant security programs.
Subpart C--Operations
1542.201 Security of the secured area.
1542.203 Security of the air operations area (AOA).
1542.205 Security of the security identification display area
(SIDA).
1542.207 Access control systems.
1542.209 Fingerprint-based criminal history records checks (CHRC).
1542.211 Identification systems.
1542.213 Training.
1542.215 Law enforcement support.
1542.217 Law enforcement personnel.
1542.219 Supplementing law enforcement personnel.
1542.221 Records of law enforcement response.
Subpart D--Contingency Measures
1542.301 Contingency plan.
1542.303 Security Directives and Information Circulars.
1542.305 Public advisories.
1542.307 Incident management.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44907,
44913-44914, 44916-44917, 44935-44936, 44942, 46105.
Subpart A--General
Sec. 1542.1 Applicability of this part.
This part describes aviation security rules governing:
(a) The operation of airports regularly serving aircraft operations
required to be under a security program under part 1544 of this
chapter, as described in this part.
(b) The operation of airport regularly serving foreign air carrier
operations required to be under a security program under part 1546 of
this chapter, as described in this part.
(c) Each airport operator that receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or Information Circular issued by the Designated
official for Civil Aviation Security.
Sec. 1542.3 Airport security coordinator.
(a) Each airport operator must designate one or more Airport
Security Coordinator(s) (ASC) in its security program.
(b) The airport operator must ensure that one or more ASCs:
(1) Serve as the airport operator's primary and immediate contact
for security-related activities and communications with TSA. Any
individual designated as an ASC may perform other duties in addition to
those described in this paragraph (b).
(2) Is available to TSA on a 24-hour basis.
(3) Review with sufficient frequency all security-related functions
to ensure that all are effective and in compliance with this part, its
security program, and applicable Security Directives.
(4) Immediately initiate corrective action for any instance of non-
compliance with this part, its security program, and applicable
Security Directives.
(5) Review and control the results of employment history,
verification, and criminal history records checks required under
Sec. 1542.209.
(6) Serve as the contact to receive notification from individuals
applying for unescorted access of their intent to seek correction of
their criminal history record with the FBI.
(c) After July 17, 2003, no airport operator may use, nor may it
designate any person as, an ASC unless that individual has completed
subject matter training, as specified in its security program, to
prepare the individual to assume the duties of the position. The
airport operator must maintain ASC training documentation until at
least 180 days after the withdrawal of a individual's designation as an
ASC.
(d) An individual's satisfactory completion of initial ASC training
required under paragraph (c) of this section satisfies that requirement
for all future ASC designations for that individual, except for site
specific information, unless there has been a two or more year break in
service as an active and designated ASC.
Sec. 1542.5 Inspection authority.
(a) Each airport operator must allow TSA, at any time or place, to
make any inspections or tests, including copying records, to determine
compliance of an airport operator, aircraft operator, foreign air
carrier, indirect air carrier, or other airport tenants with--
(1) This subchapter and any security program under this subchapter,
and part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each airport operator must provide
evidence of compliance with this part and its airport security program,
including copies of records.
(c) TSA may enter and be present within secured areas, AOA's, and
SIDA's without access media or identification media issued or approved
by an airport operator or aircraft operator, in order to inspect or
test compliance, or perform other such duties as TSA may direct.
(d) At the request of TSA and upon the completion of SIDA training
as required in a security program, each airport operator promptly must
issue to TSA personnel access and identification media to provide TSA
personnel with unescorted access to, and movement within, secured
areas, AOA's, and SIDA's.
Subpart B--Airport Security Program
Sec. 1542.101 General requirements.
(a) No person may operate an airport subject to this part unless it
adopts and carries out a security program that--
(1) Provides for the safety and security of persons and property on
an aircraft operating in air transportation or intrastate air
transportation against an act of criminal violence, aircraft piracy,
and the introduction of an unauthorized weapon, explosive, or
incendiary onto an aircraft;
(2) Is in writing and is signed by the airport operator;
(3) Includes the applicable items listed in Sec. 1542.103;
(4) Includes an index organized in the same subject area sequence
as Sec. 1542.103; and
(5) Has been approved by TSA.
(b) The airport operator must maintain one current and complete
copy of its security program and provide a copy to TSA upon request.
(c) Each airport operator must--
(1) Restrict the distribution, disclosure, and availability of
sensitive security information (SSI), as defined in part 1520 of this
chapter, to persons with a need to know; and
[[Page 8356]]
(2) Refer all requests for SSI by other persons to TSA.
Sec. 1542.103 Content.
(a) Complete program. Except as otherwise approved by TSA, each
airport operator regularly serving operations of an aircraft operator
or foreign air carrier described in Sec. 1544.101(a)(1) or
Sec. 1546.101(a) of this chapter, must include in its security program
the following:
(1) The name, means of contact, duties, and training requirements
of the ASC required under Sec. 1542.3.
(2) [Reserved]
(3) A description of the secured areas, including--
(i) A description and map detailing boundaries and pertinent
features;
(ii) Each activity or entity on, or adjacent to, a secured area
that affects security;
(iii) Measures used to perform the access control functions
required under Sec. 1542.201(b)(1);
(iv) Procedures to control movement within the secured area,
including identification media required under Sec. 1542.201(b)(3); and
(v) A description of the notification signs required under
Sec. 1542.201(b)(6).
(4) A description of the AOA, including--
(i) A description and map detailing boundaries, and pertinent
features;
(ii) Each activity or entity on, or adjacent to, an AOA that
affects security;
(iii) Measures used to perform the access control functions
required under Sec. 1542.203(b)(1);
(iv) Measures to control movement within the AOA, including
identification media as appropriate; and
(v) A description of the notification signs required under
Sec. 1542.203(b)(4).
(5) A description of the SIDA's, including--
(i) A description and map detailing boundaries and pertinent
features; and
(ii) Each activity or entity on, or adjacent to, a SIDA.
(6) A description of the sterile areas, including--
(i) A diagram with dimensions detailing boundaries and pertinent
features;
(ii) Access controls to be used when the passenger-screening
checkpoint is non-operational and the entity responsible for that
access control; and
(iii) Measures used to control access as specified in
Sec. 1542.207.
(7) Procedures used to comply with Sec. 1542.209 regarding
fingerprint-based criminal history records checks.
(8) A description of the personnel identification systems as
described in Sec. 1542.211.
(9) Escort procedures in accordance with Sec. 1542.211(e).
(10) Challenge procedures in accordance with Sec. 1542.211(d).
(11) Training programs required under Secs. 1542.213 and
1542.217(c)(2), if applicable.
(12) A description of law enforcement support used to comply with
Sec. 1542.215(a).
(13) A system for maintaining the records described in
Sec. 1542.221.
(14) The procedures and a description of facilities and equipment
used to support TSA inspection of individuals and property, and
aircraft operator or foreign air carrier screening functions of parts
1544 and 1546 of this chapter.
(15) A contingency plan required under Sec. 1542.301.
(16) Procedures for the distribution, storage, and disposal of
security programs, Security Directives, Information Circulars,
implementing instructions, and, as appropriate, classified information.
(17) Procedures for posting of public advisories as specified in
Sec. 1542.305.
(18) Incident management procedures used to comply with
Sec. 1542.307.
(19) Alternate security procedures, if any, that the airport
operator intends to use in the event of natural disasters, and other
emergency or unusual conditions.
(20) Each exclusive area agreement as specified in Sec. 1542.111.
(21) Each airport tenant security program as specified in
Sec. 1542.113.
(b) Supporting program. Except as otherwise approved by TSA, each
airport regularly serving operations of an aircraft operator or foreign
air carrier described in Sec. 1544.101(a)(2) or (f), or
Sec. 1546.101(b) or (c) of this chapter, must include in its security
program a description of the following:
(1) Name, means of contact, duties, and training requirements of
the ASC, as required under Sec. 1542.3.
(2) A description of the law enforcement support used to comply
with Sec. 1542.215(a).
(3) Training program for law enforcement personnel required under
Sec. 1542.217(c)(2), if applicable.
(4) A system for maintaining the records described in
Sec. 1542.221.
(5) The contingency plan required under Sec. 1542.301.
(6) Procedures for the distribution, storage, and disposal of
security programs, Security Directives, Information Circulars,
implementing instructions, and, as appropriate, classified information.
(7) Procedures for public advisories as specified in Sec. 1542.305.
(8) Incident management procedures used to comply with
Sec. 1542.307.
(c) Partial program. Except as otherwise approved by TSA, each
airport regularly serving operations of an aircraft operator or foreign
air carrier described in Sec. 1544.101(b) or Sec. 1546.101(d) of this
chapter, must include in its security program a description of the
following:
(1) Name, means of contact, duties, and training requirements of
the ASC as required under Sec. 1542.3.
(2) A description of the law enforcement support used to comply
with Sec. 1542.215(b).
(3) Training program for law enforcement personnel required under
Sec. 1542.217(c)(2), if applicable.
(4) A system for maintaining the records described in
Sec. 1542.221.
(5) Procedures for the distribution, storage, and disposal of
security programs, Security Directives, Information Circulars,
implementing instructions, and, as appropriate, classified information.
(6) Procedures for public advisories as specified in Sec. 1542.305.
(7) Incident management procedures used to comply with
Sec. 1542.307.
(d) Use of appendices. The airport operator may comply with
paragraphs (a), (b), and (c) of this section by including in its
security program, as an appendix, any document that contains the
information required by paragraphs (a), (b), and (c) of this section.
The appendix must be referenced in the corresponding section(s) of the
security program.
Sec. 1542.105 Approval and amendments.
(a) Initial approval of security program. Unless otherwise
authorized by the designated official, each airport operator required
to have a security program under this part must submit its initial
proposed security program to the designated official for approval at
least 90 days before the date any aircraft operator or foreign air
carrier required to have a security program under part 1544 or part
1546 of this chapter is expected to begin operations. Such requests
will be processed as follows:
(1) The designated official, within 30 days after receiving the
proposed security program, will either approve the program or give the
airport operator written notice to modify the program to comply with
the applicable requirements of this part.
(2) The airport operator may either submit a modified security
program to the designated official for approval, or petition the Under
Secretary to reconsider the notice to modify within 30 days of
receiving a notice to modify. A petition for reconsideration must be
filed with the designated official.
[[Page 8357]]
(3) The designated official, upon receipt of a petition for
reconsideration, either amends or withdraws the notice, or transmits
the petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 days of receipt by either directing the designated
official to withdraw or amend the notice to modify, or by affirming the
notice to modify.
(b) Amendment requested by an airport operator. Except as provided
in Sec. 1542.103(c), an airport operator may submit a request to the
designated official to amend its security program, as follows:
(1) The request for an amendment must be filed with the designated
official at least 45 days before the date it proposes for the amendment
to become effective, unless a shorter period is allowed by the
designated official.
(2) Within 30 days after receiving a proposed amendment, the
designated official, in writing, either approves or denies the request
to amend.
(3) An amendment to a security program may be approved if the
designated official determines that safety and the public interest will
allow it, and the proposed amendment provides the level of security
required under this part.
(4) Within 30 days after receiving a denial, the airport operator
may petition the Under Secretary to reconsider the denial.
(5) Upon receipt of a petition for reconsideration, the designated
official either approves the request to amend or transmits the petition
within 30 days of receipt, together with any pertinent information, to
the Under Secretary for reconsideration. The Under Secretary disposes
of the petition within 30 days of receipt by either directing the
designated official to approve the amendment or affirming the denial.
(c) Amendment by TSA. If safety and the public interest require an
amendment, the designated official may amend a security program as
follows:
(1) The designated official sends to the airport operator a notice,
in writing, of the proposed amendment, fixing a period of not less than
30 days within which the airport operator may submit written
information, views, and arguments on the amendment.
(2) After considering all relevant material, the designated
official notifies the airport operator of any amendment adopted or
rescinds the notice. If the amendment is adopted, it becomes effective
not less than 30 days after the airport operator receives the notice of
amendment, unless the airport operator petitions the Under Secretary to
reconsider no later than 15 days before the effective date of the
amendment. The airport operator must send the petition for
reconsideration to the designated official. A timely petition for
reconsideration stays the effective date of the amendment.
(3) Upon receipt of a petition for reconsideration, the designated
official either amends or withdraws the notice, or transmits the
petition, together with any pertinent information to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 days of receipt by either directing the designated
official to withdraw or amend the amendment, or by affirming the
amendment.
(d) Emergency amendments. Notwithstanding paragraph (c) of this
section, if the designated official finds that there is an emergency
requiring immediate action with respect to safety and security in air
transportation or in air commerce that makes procedures in this section
contrary to the public interest, the designated official may issue an
amendment, effective without stay on the date the airport operator
receives the notice of it. In such a case, the designated official must
incorporate in the notice a brief statement of the reasons and findings
for the amendment to be adopted. The airport operator may file a
petition for reconsideration under paragraph (c) of this section;
however, this does not stay the effective date of the emergency
amendment.
Sec. 1542.107 Changed conditions affecting security.
(a) After approval of the security program, each airport operator
must notify TSA when changes have occurred to the--
(1) Measures, training, area descriptions, or staffing, described
in the security program;
(2) Operations of an aircraft operator or foreign air carrier that
would require modifications to the security program as required under
Sec. 1542.103; or
(3) Layout or physical structure of any area under the control of
the airport operator, airport tenant, aircraft operator, or foreign air
carrier used to support the screening process, access, presence, or
movement control functions required under part 1542, 1544, or 1546 of
this chapter.
(b) Each airport operator must notify TSA no more than 6 hours
after the discovery of any changed condition described in paragraph (a)
of this section, or within the time specified in its security program,
of the discovery of any changed condition described in paragraph (a) of
this section. The airport operator must inform TSA of each interim
measure being taken to maintain adequate security until an appropriate
amendment to the security program is approved. Each interim measure
must be acceptable to TSA.
(c) For changed conditions expected to be less than 60 days
duration, each airport operator must forward the information required
in paragraph (b) of this section in writing to TSA within 72 hours of
the original notification of the change condition(s). TSA will notify
the airport operator of the disposition of the notification in writing.
If approved by TSA, this written notification becomes a part of the
airport security program for the duration of the changed condition(s).
(d) For changed conditions expected to be 60 days or more duration,
each airport operator must forward the information required in
paragraph (b) of this section in the form of a proposed amendment to
the airport operator's security program, as required under
Sec. 1542.105. The request for an amendment must be made within 30 days
of the discovery of the changed condition(s). TSA will respond to the
request in accordance with Sec. 1542.105.
Sec. 1542.109 Alternate means of compliance.
If in TSA's judgment, the overall safety and security of the
airport, and aircraft operator or foreign air carrier operations are
not diminished, TSA may approve a security program that provides for
the use of alternate measures. Such a program may be considered only
for an operator of an airport at which service by aircraft operators or
foreign air carriers under part 1544 or 1546 of this chapter is
determined by TSA to be seasonal or infrequent.
Sec. 1542.111 Exclusive area agreements.
(a) TSA may approve an amendment to an airport security program
under which an aircraft operator or foreign air carrier that has a
security program under part 1544 or 1546 of this chapter assumes
responsibility for specified security measures for all or portions of
the secured area, AOA, or SIDA, including access points, as provided in
Sec. 1542.201, Sec. 1542.203, or Sec. 1542.205. The assumption of
responsibility must be exclusive to one aircraft operator or foreign
air carrier, and shared responsibility among aircraft operators or
foreign air carriers is not permitted for an exclusive area.
(b) An exclusive area agreement must be in writing, signed by the
airport operator and aircraft operator or foreign air carrier, and
maintained in the airport
[[Page 8358]]
security program. This agreement must contain the following:
(1) A description, a map, and, where appropriate, a diagram of the
boundaries and pertinent features of each area, including individual
access points, over which the aircraft operator or foreign air carrier
will exercise exclusive security responsibility.
(2) A description of the measures used by the aircraft operator or
foreign air carrier to comply with Sec. 1542.201, Sec. 1542.203, or
Sec. 1542.205, as appropriate.
(3) Procedures by which the aircraft operator or foreign air
carrier will immediately notify the airport operator and provide for
alternative security measures when there are changed conditions as
described in Sec. 1542.103(a).
(c) Any exclusive area agreements in effect on November 14, 2001,
must meet the requirements of this section and Sec. 1544.227 no later
than November 14, 2002.
Sec. 1542.113 Airport tenant security programs.
(a) TSA may approve an airport tenant security program as follows:
(1) The tenant must assume responsibility for specified security
measures of the secured area, AOA, or SIDA as provided in
Secs. 1542.201, 1542.203, and 1542.205.
(2) The tenant may not assume responsibility for law enforcement
support under Sec. 1542.215.
(3) The tenant must assume the responsibility within the tenant's
leased areas or areas designated for the tenant's exclusive use. A
tenant may not assume responsibility under a tenant security program
for the airport passenger terminal.
(4) Responsibility must be exclusive to one tenant, and shared
responsibility among tenants is not permitted.
(5) TSA must find that the tenant is able and willing to carry out
the airport tenant security program.
(b) An airport tenant security program must be in writing, signed
by the airport operator and the airport tenant, and maintained in the
airport security program. The airport tenant security program must
include the following:
(1) A description and a map of the boundaries and pertinent
features of each area over which the airport tenant will exercise
security responsibilities.
(2) A description of the measures the airport tenant has assumed.
(3) Measures by which the airport operator will monitor and audit
the tenant's compliance with the security program.
(4) Monetary and other penalties to which the tenant may be subject
if it fails to carry out the airport tenant security program.
(5) Circumstances under which the airport operator will terminate
the airport tenant security program for cause.
(6) A provision acknowledging that the tenant is subject to
inspection by TSA in accordance with Sec. 1542.5.
(7) A provision acknowledging that individuals who carry out the
tenant security program are contracted to or acting for the airport
operator and are required to protect sensitive information in
accordance with part 1520 of this chapter, and may be subject to civil
penalties for failing to protect sensitive security information.
(8) Procedures by which the tenant will immediately notify the
airport operator of and provide for alternative security measures for
changed conditions as described in Sec. 1542.103(a).
(c) If TSA has approved an airport tenant security program, the
airport operator may not be found to be in violation of a requirement
of this part in any case in which the airport operator demonstrates
that:
(1) The tenant or an employee, permittee, or invitee of the tenant,
is responsible for such violation; and
(2) The airport operator has complied with all measures in its
security program to ensure the tenant has complied with the airport
tenant security program.
(d) TSA may amend or terminate an airport tenant security program
in accordance with Sec. 1542.105.
Subpart C--Operations
Sec. 1542.201 Security of the secured area.
(a) Each airport operator required to have a security program under
Sec. 1542.103(a) must establish at least one secured area.
(b) Each airport operator required to establish a secured area must
prevent and detect the unauthorized entry, presence, and movement of
individuals and ground vehicles into and within the secured area by
doing the following:
(1) Establish and carry out measures for controlling entry to
secured areas of the airport in accordance with Sec. 1542.207.
(2) Provide for detection of, and response to, each unauthorized
presence or movement in, or attempted entry to, the secured area by an
individual whose access is not authorized in accordance with its
security program.
(3) Establish and carry out a personnel identification system
described under Sec. 1542.211.
(4) Subject each individual to employment history verification as
described in Sec. 1542.209 before authorizing unescorted access to a
secured area.
(5) Train each individual before granting unescorted access to the
secured area, as required in Sec. 1542.213(b).
(6) Post signs at secured area access points and on the perimeter
that provide warning of the prohibition against unauthorized entry.
Signs must be posted by each airport operator in accordance with its
security program not later than November 14, 2003.
Sec. 1542.203 Security of the air operations area (AOA).
(a) Each airport operator required to have a security program under
Sec. 1542.103(a) must establish an AOA, unless the entire area is
designated as a secured area.
(b) Each airport operator required to establish an AOA must prevent
and detect the unauthorized entry, presence, and movement of
individuals and ground vehicles into or within the AOA by doing the
following:
(1) Establish and carry out measures for controlling entry to the
AOA of the airport in accordance with Sec. 1542.207.
(2) Provide for detection of, and response to, each unauthorized
presence or movement in, or attempted entry to, the AOA by an
individual whose access is not authorized in accordance with its
security program.
(3) Provide security information as described in Sec. 1542.213(c)
to each individual with unescorted access to the AOA.
(4) Post signs on AOA access points and perimeters that provide
warning of the prohibition against unauthorized entry to the AOA. Signs
must be posted by each airport operator in accordance with its security
program not later than November 14, 2003.
(5) If approved by TSA, the airport operator may designate all or
portions of its AOA as a SIDA, or may use another personnel
identification system, as part of its means of meeting the requirements
of this section. If it uses another personnel identification system,
the media must be clearly distinguishable from those used in the
secured area and SIDA.
Sec. 1542.205 Security of the security identification display area
(SIDA).
(a) Each airport operator required to have a security program under
Sec. 1542.103(a) must establish at least one SIDA. Each secured area
must be a SIDA. Other areas of the airport may be SIDA's.
(b) Each airport operator required to establish a SIDA must
establish and
[[Page 8359]]
carry out measures to prevent the unauthorized presence and movement of
individuals in the SIDA and must do the following:
(1) Establish and carry out a personnel identification system
described under Sec. 1542.211.
(2) Subject each individual to employment history verification as
described in Sec. 1542.209 before authorizing unescorted access to a
SIDA.
(3) Train each individual before granting unescorted access to the
SIDA, as required in Sec. 1542.213(b).
Sec. 1542.207 Access control systems.
(a) Secured area. Except as provided in paragraph (b) of this
section, the measures for controlling entry to the secured area
required under Sec. 1542.201(b)(1) must--
(1) Ensure that only those individuals authorized to have
unescorted access to the secured area are able to gain entry;
(2) Ensure that an individual is immediately denied entry to a
secured area when that person's access authority for that area is
withdrawn; and
(3) Provide a means to differentiate between individuals authorized
to have access to an entire secured area and individuals authorized
access to only a particular portion of a secured area.
(b) Alternative systems. TSA may approve an amendment to a security
program that provides alternative measures that provide an overall
level of security equal to that which would be provided by the measures
described in paragraph (a) of this section.
(c) Air operations area. The measures for controlling entry to the
AOA required under Sec. 1542.203(b)(1) must incorporate accountability
procedures to maintain their integrity.
(d) Secondary access media. An airport operator may issue a second
access medium to an individual who has unescorted access to secured
areas or the AOA, but is temporarily not in possession of the original
access medium, if the airport operator follows measures and procedures
in the security program that--
(1) Verifies the authorization of the individual to have unescorted
access to secured areas or AOAs;
(2) Restricts the time period of entry with the second access
medium;
(3) Retrieves the second access medium when expired;
(4) Deactivates or invalidates the original access medium until the
individual returns the second access medium; and
(5) Provides that any second access media that is also used as
identification media meet the criteria of Sec. 1542.211(b).
Sec. 1542.209 Fingerprint-based criminal history records checks
(CHRC).
(a) Scope. The following persons are within the scope of this
section--
(1) Each airport operator and airport user.
(2) Each individual currently having unescorted access to a SIDA,
and each individual with authority to authorize others to have
unescorted access to a SIDA (referred to as unescorted access
authority).
(3) Each individual seeking unescorted access authority.
(4) Each airport user and aircraft operator making a certification
to an airport operator pursuant to paragraph (n) of this section, or 14
CFR 108.31(n) in effect prior to November 14, 2001 (see 14 CFR Parts 60
to 139 revised as of January 1, 2001). An airport user, for the
purposes of this section only, is any person other than an aircraft
operator subject to Sec. 1544.229 of this chapter making a
certification under this section.
(b) Individuals seeking unescorted access authority. Except as
provided in paragraph (m) of this section, each airport operator must
ensure that no individual is granted unescorted access authority unless
the individual has undergone a fingerprint-based CHRC that does not
disclose that he or she has a disqualifying criminal offense, as
described in paragraph (d) of this section.
(c) Individuals who have not had a CHRC. (1) Except as provided in
paragraph (m) of this section, each airport operator must ensure that
after December 6, 2002, no individual retains unescorted access
authority, unless the airport operator has obtained and submitted a
fingerprint under this part.
(2) When a CHRC discloses a disqualifying criminal offense for
which the conviction or finding of not guilty by reason of insanity was
on or after December 6, 1991, the airport operator must immediately
suspend that individual's authority.
(d) Disqualifying criminal offenses. An individual has a
disqualifying criminal offense if the individual has been convicted, or
found not guilty of by reason of insanity, of any of the disqualifying
crimes listed in this paragraph (d) in any jurisdiction during the 10
years before the date of the individual's application for unescorted
access authority, or while the individual has unescorted access
authority. The disqualifying criminal offenses are as follows--
(1) Forgery of certificates, false marking of aircraft, and other
aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C.
46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49
U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49
U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C.
46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of
the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled
substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves
air carriers or foreign air carriers contrary to established security
requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture
of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled
substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving--
(i) Willful destruction of property;
(ii) Importation or manufacture of a controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled substance punishable by a
maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts
listed in this paragraph (d).
(e) Fingerprint application and processing. (1) At the time of
fingerprinting, the airport operator must
[[Page 8360]]
provide the individual to be fingerprinted a fingerprint application
that includes only the following--
(i) The disqualifying criminal offenses described in paragraph (d)
of this section.
(ii) A statement that the individual signing the application does
not have a disqualifying criminal offense.
(iii) A statement informing the individual that Federal regulations
under 49 CFR 1542.209 (l) impose a continuing obligation to disclose to
the airport operator within 24 hours if he or she is convicted of any
disqualifying criminal offense that occurs while he or she has
unescorted access authority. After February 17, 2002, the airport
operator may use statements that have already been printed referring to
14 CFR 107.209 until stocks of such statements are used up.
(iv) A statement reading, ``The information I have provided on this
application is true, complete, and correct to the best of my knowledge
and belief and is provided in good faith. I understand that a knowing
and willful false statement on this application can be punished by fine
or imprisonment or both. (See section 1001 of Title 18 United States
Code.)''
(v) A line for the printed name of the individual.
(vi) A line for the individual's signature and date of signature.
(2) Each individual must complete and sign the application prior to
submitting his or her fingerprints.
(3) The airport operator must verify the identity of the individual
through two forms of identification prior to fingerprinting, and ensure
that the printed name on the fingerprint application is legible. At
least one of the two forms of identification must have been issued by a
government authority, and at least one must include a photo.
(4) The airport operator must advise the individual that:
(i) A copy of the criminal record received from the FBI will be
provided to the individual, if requested by the individual in writing;
and
(ii) The ASC is the individual's point of contact if he or she has
questions about the results of the CHRC.
(5) The airport operator must collect, control, and process one set
of legible and classifiable fingerprints under direct observation of
the airport operator or a law enforcement officer.
(6) Fingerprints may be obtained and processed electronically, or
recorded on fingerprint cards approved by the FBI and distributed by
TSA for that purpose.
(7) The fingerprint submission must be forwarded to TSA in the
manner specified by TSA.
(f) Fingerprinting fees. Airport operators must pay for all
fingerprints in a form and manner approved by TSA. The payment must be
made at the designated rate (available from the local TSA security
office) for each set of fingerprints submitted. Information about
payment options is available though the designated TSA headquarters
point of contact. Individual personal checks are not acceptable.
(g) Determination of arrest status. (1) When a CHRC on an
individual seeking unescorted access authority discloses an arrest for
any disqualifying criminal offense listed in paragraph (d) of this
section without indicating a disposition, the airport operator must
determine, after investigation, that the arrest did not result in a
disqualifying offense before granting that authority. If there is no
disposition, or if the disposition did not result in a conviction or in
a finding of not guilty by reason of insanity of one of the offenses
listed in paragraph (d) of this section, the individual is not
disqualified under this section.
(2) When a CHRC on an individual with unescorted access authority
discloses an arrest for any disqualifying criminal offense without
indicating a disposition, the airport operator must suspend the
individual's unescorted access authority not later than 45 days after
obtaining the CHRC unless the airport operator determines, after
investigation, that the arrest did not result in a disqualifying
criminal offense. If there is no disposition, or if the disposition did
not result in a conviction or in a finding of not guilty by reason of
insanity of one of the offenses listed in paragraph (d) of this
section, the individual is not disqualified under this section.
(3) The airport operator may only make the determinations required
in paragraphs (g)(1) and (g)(2) of this section for individuals for
whom it is issuing, or has issued, unescorted access authority, and who
are not covered by a certification from an aircraft operator under
paragraph (n) of this section. The airport operator may not make
determinations for individuals described in Sec. 1544.229 of this
chapter.
(h) Correction of FBI records and notification of disqualification.
(1) Before making a final decision to deny unescorted access authority
to an individual described in paragraph (b) of this section, the
airport operator must advise him or her that the FBI criminal record
discloses information that would disqualify him or her from receiving
or retaining unescorted access authority and provide the individual
with a copy of the FBI record if he or she requests it.
(2) The airport operator must notify an individual that a final
decision has been made to grant or deny unescorted access authority.
(3) Immediately following the suspension of unescorted access
authority of an individual, the airport operator must advise him or her
that the FBI criminal record discloses information that disqualifies
him or her from retaining unescorted access authority and provide the
individual with a copy of the FBI record if he or she requests it.
(i) Corrective action by the individual. The individual may contact
the local jurisdiction responsible for the information and the FBI to
complete or correct the information contained in his or her record,
subject to the following conditions--
(1) For an individual seeking unescorted access authority on or
after December 6, 2001, the following applies:
(i) Within 30 days after being advised that the criminal record
received from the FBI discloses a disqualifying criminal offense, the
individual must notify the airport operator in writing of his or her
intent to correct any information he or she believes to be inaccurate.
The airport operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record, or a certified true copy of the
information from the appropriate court, prior to granting unescorted
access authority.
(ii) If no notification, as described in paragraph (h)(1) of this
section, is received within 30 days, the airport operator may make a
final determination to deny unescorted access authority.
(2) For an individual with unescorted access authority before
December 6, 2001, the following applies: Within 30 days after being
advised of suspension because the criminal record received from the FBI
discloses a disqualifying criminal offense, the individual must notify
the airport operator in writing of his or her intent to correct any
information he or she believes to be inaccurate. The airport operator
must obtain a copy, or accept a copy from the individual, of the
revised FBI record, or a certified true copy of the information from
the appropriate court, prior to reinstating unescorted access
authority.
(j) Limits on dissemination of results. Criminal record information
provided by the FBI may be used only to carry out this section and
Sec. 1544.229 of this chapter. No person may disseminate the results of
a CHRC to anyone other than:
[[Page 8361]]
(1) The individual to whom the record pertains, or that
individual's authorized representative.
(2) Officials of other airport operators who are determining
whether to grant unescorted access to the individual under this part.
(3) Aircraft operators who are determining whether to grant
unescorted access to the individual or authorize the individual to
perform screening functions under part 1544 of this chapter.
(4) Others designated by TSA.
(k) Recordkeeping. The airport operator must maintain the following
information:
(1) Investigations conducted before December 6, 2001. The airport
operator must maintain and control the access or employment history
investigation files, including the criminal history records results
portion, or the appropriate certifications, for investigations
conducted before December 6, 2001.
(2) Fingerprint application process on or after December 6, 2001.
Except when the airport operator has received a certification under
paragraph (n) of this section, the airport operator must physically
maintain, control, and, as appropriate, destroy the fingerprint
application and the criminal record. Only direct airport operator
employees may carry out the responsibility for maintaining,
controlling, and destroying criminal records.
(3) Certification on or after December 6, 2001. The airport
operator must maintain the certifications provided under paragraph (n)
of this section.
(4) Protection of records--all investigations. The records required
by this section must be maintained in a manner that is acceptable to
TSA and in a manner that protects the confidentiality of the
individual.
(5) Duration--all investigations. The records identified in this
section with regard to an individual must be maintained until 180 days
after the termination of the individual's unescorted access authority.
When files are no longer maintained, the criminal record must be
destroyed.
(l) Continuing responsibilities. (1) Each individual with
unescorted access authority on December 6, 2001, who had a
disqualifying criminal offense in paragraph (d) of this section on or
after December 6, 1991, must, by January 7, 2002, report the conviction
to the airport operator and surrender the SIDA access medium to the
issuer.
(2) Each individual with unescorted access authority who has a
disqualifying criminal offense must report the offense to the airport
operator and surrender the SIDA access medium to the issuer within 24
hours of the conviction or the finding of not guilty by reason of
insanity.
(3) If information becomes available to the airport operator or the
airport user indicating that an individual with unescorted access
authority has a disqualifying criminal offense, the airport operator
must determine the status of the conviction. If a disqualifying offense
is confirmed the airport operator must immediately revoke any
unescorted access authority.
(m) Exceptions. Notwithstanding the requirements of this section,
an airport operator must authorize the following individuals to have
unescorted access authority:
(1) An employee of the Federal, state, or local government
(including a law enforcement officer) who, as a condition of
employment, has been subjected to an employment investigation that
includes a criminal records check.
(2) Notwithstanding the requirements of this section, an airport
operator may authorize the following individuals to have unescorted
access authority:
(i) An individual who has been continuously employed in a position
requiring unescorted access authority by another airport operator,
airport user, or aircraft operator, or contractor to such an entity,
provided the grant for his or her unescorted access authority was based
upon a fingerprint-based CHRC through TSA or FAA.
(ii) An individual who has been continuously employed by an
aircraft operator or aircraft operator contractor, in a position with
authority to perform screening functions, provided the grant for his or
her authority to perform screening functions was based upon a
fingerprint-based CHRC through TSA or FAA.
(n) Certifications by aircraft operators. An airport operator is in
compliance with its obligation under paragraph (b) or (c) of this
section when the airport operator accepts, for each individual seeking
unescorted access authority, certification from an aircraft operator
subject to part 1544 of this chapter indicating it has complied with
Sec. 1544.229 of this chapter for the aircraft operator's employees and
contractors seeking unescorted access authority. If the airport
operator accepts a certification from the aircraft operator, the
airport operator may not require the aircraft operator to provide a
copy of the CHRC.
(o) Airport operator responsibility. The airport operator must--
(1) Designate the ASC, in the security program, or a direct
employee if the ASC is not a direct employee, to be responsible for
maintaining, controlling, and destroying the criminal record files when
their maintenance is no longer required by paragraph (k) of this
section.
(2) Designate the ASC, in the security program, to serve as the
contact to receive notification from individuals applying for
unescorted access authority of their intent to seek correction of their
FBI criminal record.
(3) Audit the employment history investigations performed by the
airport operator in accordance with this section and 14 CFR 107.31 in
effect prior to November 14, 2001 (see 14 CFR Parts 60 through 139
revised as of January 1, 2001), and those investigations conducted by
the airport users who provided certification to the airport operator.
The audit program must be set forth in the airport security program.
(p) Airport user responsibility. (1) The airport user must report
to the airport operator information, as it becomes available, that
indicates an individual with unescorted access authority may have a
disqualifying criminal offense.
(2) The airport user must maintain and control, in compliance with
paragraph (k) of this section, the employment history investigation
files for investigations conducted before December 6, 2001, unless the
airport operator decides to maintain and control the employment history
investigation file.
(3) The airport user must provide the airport operator with either
the name or title of the individual acting as custodian of the files
described in this paragraph (p), the address of the location where the
files are maintained, and the phone number of that location. The
airport user must provide the airport operator and TSA with access to
these files.
Sec. 1542.211 Identification systems.
(a) Personnel identification system. The personnel identification
system under Secs. 1542.201(b)(3) and 1542.205(b)(1) must include the
following:
(1) Personnel identification media that--
(i) Convey a full-face image, full name, employer, and
identification number of the individual to whom the identification
medium is issued;
(ii) Indicate clearly the scope of the individual's access and
movement privileges;
(iii) Indicate clearly an expiration date; and
(iv) Are of sufficient size and appearance as to be readily
observable for challenge purposes.
(2) Procedures to ensure that each individual in the secured area
or SIDA continuously displays the identification
[[Page 8362]]
medium issued to that individual on the outermost garment above waist
level, or is under escort.
(3) Procedures to ensure accountability through the following:
(i) Retrieving expired identification media and media of persons
who no longer have unescorted access authority.
(ii) Reporting lost or stolen identification media.
(iii) Securing unissued identification media stock and supplies.
(iv) Auditing the system at a minimum of once a year or sooner, as
necessary, to ensure the integrity and accountability of all
identification media.
(v) As specified in the security program, revalidate the
identification system or reissue identification media if a portion of
all issued, unexpired identification media are lost, stolen, or
otherwise unaccounted for, including identification media that are
combined with access media.
(vi) Ensure that only one identification medium is issued to an
individual at a time, except for personnel who are employed with more
than one company and require additional identification media to carry
out employment duties. A replacement identification medium may only be
issued if an individual declares in writing that the medium has been
lost, stolen, or destroyed.
(b) Temporary identification media. Each airport operator may issue
personnel identification media in accordance with its security program
to persons whose duties are expected to be temporary. The temporary
identification media system must include procedures and methods to--
(1) Retrieve temporary identification media;
(2) Authorize the use of a temporary media for a limited time only;
(3) Ensure that temporary media are distinct from other
identification media and clearly display an expiration date; and
(4) Ensure that any identification media also being used as an
access media meet the criteria of Sec. 1542.207(d).
(c) Airport-approved identification media. TSA may approve an
amendment to the airport security program that provides for the use of
identification media meeting the criteria of this section that are
issued by entities other than the airport operator, as described in the
security program.
(d) Challenge program. Each airport operator must establish and
carry out a challenge program that requires each individual who has
authorized unescorted access to secured areas and SIDA's to ascertain
the authority of any individual who is not displaying an identification
medium authorizing the individual to be present in the area. The
challenge program must include procedures to challenge individuals not
displaying airport approved identification media. The procedure must--
(1) Apply uniformly in secured areas, SIDAs, and exclusive areas;
(2) Describe how to challenge an individual directly or report any
individual not visibly displaying an authorized identification medium,
including procedures to notify the appropriate authority; and
(3) Describe support of challenge procedures, including law
enforcement and any other responses to reports of individuals not
displaying authorized identification media.
(e) Escorting. Each airport operator must establish and implement
procedures for escorting individuals who do not have unescorted access
authority to a secured area or SIDA that--
(1) Ensure that only individuals with unescorted access authority
are permitted to escort;
(2) Ensure that the escorted individuals are continuously
accompanied or monitored while within the secured area or SIDA in a
manner sufficient to identify whether the escorted individual is
engaged in activities other than those for which escorted access was
granted, and to take action in accordance with the airport security
program;
(3) Identify what action is to be taken by the escort, or other
authorized individual, should individuals under escort engage in
activities other than those for which access was granted;
(4) Prescribe law enforcement support for escort procedures; and
(5) Ensure that individuals escorted into a sterile area without
being screened under Sec. 1544.201 of this chapter remain under escort
until they exit the sterile area, or submit to screening pursuant to
Sec. 1544.201 or Sec. 1546.201 of this chapter.
(f) Effective date. The identification systems described in this
section must be implemented by each airport operator not later than
November 14, 2003.
Sec. 1542.213 Training.
(a) Each airport operator must ensure that individuals performing
security-related functions for the airport operator are briefed on the
provisions of this part, Security Directives, and Information
Circulars, and the security program, to the extent that such
individuals need to know in order to perform their duties.
(b) An airport operator may not authorize any individual unescorted
access to the secured area or SIDA, except as provided in Sec. 1542.5,
unless that individual has successfully completed training in
accordance with TSA-approved curriculum specified in the security
program. This curriculum must detail the methods of instruction,
provide attendees with an opportunity to ask questions, and include at
least the following topics--
(1) The unescorted access authority of the individual to enter and
be present in various areas of the airport;
(2) Control, use, and display of airport-approved access and
identification media;
(3) Escort and challenge procedures and the law enforcement support
for these procedures;
(4) Security responsibilities as specified in Sec. 1540.105;
(5) Restrictions on divulging sensitive security information as
described in part 1520 of this chapter; and
(6) Any other topics specified in the security program.
(c) An airport operator may not authorize any individual unescorted
access to the AOA, except as provided in Sec. 1542.5, unless that
individual has been provided information in accordance with the
security program, including--
(1) The unescorted access authority of the individual to enter and
be present in various areas of the airport;
(2) Control, use, and display of airport-approved access and
identification media, if appropriate;
(3) Escort and challenge procedures and the law enforcement support
for these procedures, where applicable;
(4) Security responsibilities as specified in Sec. 1540.105;
(5) Restrictions on divulging sensitive security information as
described in part 1520 of this chapter; and
(6) Any other topics specified in the security program.
(d) Each airport operator must maintain a record of all training
and information given to each individual under paragraphs (b) and (c)
of this section for 180 days after the termination of that person's
unescorted access authority.
(e) As to persons with unescorted access to the SIDA on November
14, 2001, training on responsibility under Sec. 1540.105 can be
provided by making relevant security information available.
(f) Training described in paragraph (c) of this section must be
implemented by each airport operator not later than November 14, 2002.
[[Page 8363]]
Sec. 1542.215 Law enforcement support.
(a) In accordance with Sec. 1542.217, each airport operator
required to have a security program under Sec. 1542.103(a) or (b) must
provide:
(1) Law enforcement personnel in the number and manner adequate to
support its security program.
(2) Uniformed law enforcement personnel in the number and manner
adequate to support each system for screening persons and accessible
property required under part 1544 or 1546 of this chapter, except to
the extent that TSA provides Federal law enforcement support for the
system.
(b) Each airport required to have a security program under
Sec. 1542.103(c) must ensure that:
(1) Law enforcement personnel are available and committed to
respond to an incident in support of a civil aviation security program
when requested by an aircraft operator or foreign air carrier that has
a security program under part 1544 or 1546 of this chapter.
(2) The procedures by which to request law enforcement support are
provided to each aircraft operator or foreign air carrier that has a
security program under part 1544 or 1546 of this chapter.
Sec. 1542.217 Law enforcement personnel.
(a) Each airport operator must ensure that law enforcement
personnel used to meet the requirements of Sec. 1542.215, meet the
following qualifications while on duty at the airport--
(1) Have arrest authority described in paragraph (b) of this
section;
(2) Are identifiable by appropriate indicia of authority;
(3) Are armed with a firearm and authorized to use it; and
(4) Have completed a training program that meets the requirements
of paragraphs (c) and (d) of this section.
(b) Each airport operator must ensure that each individual used to
meet the requirements of Sec. 1542.215 have the authority to arrest,
with or without a warrant, while on duty at the airport for the
following violations of the criminal laws of the State and local
jurisdictions in which the airport is located--
(1) A crime committed in the presence of the individual; and
(2) A felony, when the individual has reason to believe that the
suspect has committed it.
(c) The training program required by paragraph (a)(4) of this
section must--
(1) Meet the training standard for law enforcement officers
prescribed by either the State or local jurisdiction in which the
airport is located for law enforcement officers performing comparable
functions.
(2) Specify and require training standards for private law
enforcement personnel acceptable to TSA, if the State and local
jurisdictions in which the airport is located do not prescribe training
standards for private law enforcement personnel that meets the
standards in paragraph (a) of this section.
(3) Include training in--
(i) The use of firearms;
(ii) The courteous and efficient treatment of persons subject to
inspection, detention, search, arrest, and other aviation security
activities;
(iii) The responsibilities of law enforcement personnel under the
security program; and
(iv) Any other subject TSA determines is necessary.
(d) Each airport operator must document the training program
required by paragraph (a)(4) of this section and maintain documentation
of training at a location specified in the security program until 180
days after the departure or removal of each person providing law
enforcement support at the airport.
Sec. 1542.219 Supplementing law enforcement personnel.
(a) When TSA decides, after being notified by an airport operator
as prescribed in this section, that not enough qualified State, local,
and private law enforcement personnel are available to carry out the
requirements of Sec. 1542.215, TSA may authorize the airport operator
to use, on a reimbursable basis, personnel employed by TSA, or by
another department, agency, or instrumentality of the Government with
the consent of the head of the department, agency, or instrumentality
to supplement State, local, and private law enforcement personnel.
(b) Each request for the use of Federal personnel must be submitted
to TSA and include the following information:
(1) The number of passengers enplaned at the airport during the
preceding calendar year and the current calendar year as of the date of
the request.
(2) The anticipated risk of criminal violence, sabotage, aircraft
piracy, and other unlawful interference to civil aviation operations.
(3) A copy of that portion of the security program which describes
the law enforcement support necessary to comply with Sec. 1542.215.
(4) The availability of law enforcement personnel who meet the
requirements of Sec. 1542.217, including a description of the airport
operator's efforts to obtain law enforcement support from State, local,
and private agencies and the responses of those agencies.
(5) The airport operator's estimate of the number of Federal
personnel needed to supplement available law enforcement personnel and
the period of time for which they are needed.
(6) A statement acknowledging responsibility for providing
reimbursement for the cost of providing Federal personnel.
(7) Any other information TSA considers necessary.
(c) In response to a request submitted in accordance with this
section, TSA may authorize, on a reimbursable basis, the use of
personnel employed by a Federal agency, with the consent of the head of
that agency.
Sec. 1542.221 Records of law enforcement response.
(a) Each airport operator must ensure that--
(1) A record is made of each law enforcement action taken in
furtherance of this part; and
(2) The record is maintained for a minimum of 180 days.
(b) Data developed in response to paragraph (a) of this section
must include at least the following, except as authorized by TSA:
(1) The number and type of weapons, explosives, or incendiaries
discovered during any passenger-screening process, and the method of
detection of each.
(2) The number of acts and attempted acts of aircraft piracy.
(3) The number of bomb threats received, real and simulated bombs
found, and actual detonations on the airport.
(4) The number of arrests, including--
(i) Name, address, and the immediate disposition of each individual
arrested;
(ii) Type of weapon, explosive, or incendiary confiscated, as
appropriate; and
(iii) Identification of the aircraft operators or foreign air
carriers on which the individual arrested was, or was scheduled to be,
a passenger or which screened that individual, as appropriate.
Subpart D--Contingency Measures
Sec. 1542.301 Contingency plan.
(a) Each airport operator required to have a security program under
Sec. 1542.103(a) and (b) must adopt a contingency plan and must:
(1) Implement its contingency plan when directed by TSA.
(2) Conduct reviews and exercises of its contingency plan as
specified in the security program with all persons having
responsibilities under the plan.
[[Page 8364]]
(3) Ensure that all parties involved know their responsibilities
and that all information contained in the plan is current.
(b) TSA may approve alternative implementation measures, reviews,
and exercises to the contingency plan which will provide an overall
level of security equal to the contingency plan under paragraph (a) of
this section.
Sec. 1542.303 Security Directives and Information Circulars.
(a) TSA may issue an Information Circular to notify airport
operators of security concerns. When TSA determines that additional
security measures are necessary to respond to a threat assessment or to
a specific threat against civil aviation, TSA issues a Security
Directive setting forth mandatory measures.
(b) Each airport operator must comply with each Security Directive
issued to the airport operator within the time prescribed in the
Security Directive.
(c) Each airport operator that receives a Security Directive must--
(1) Within the time prescribed in the Security Directive, verbally
acknowledge receipt of the Security Directive to TSA.
(2) Within the time prescribed in the Security Directive, specify
the method by which the measures in the Security Directive have been
implemented (or will be implemented, if the Security Directive is not
yet effective).
(d) In the event that the airport operator is unable to implement
the measures in the Security Directive, the airport operator must
submit proposed alternative measures and the basis for submitting the
alternative measures to TSA for approval. The airport operator must
submit the proposed alternative measures within the time prescribed in
the Security Directive. The airport operator must implement any
alternative measures approved by TSA.
(e) Each airport operator that receives a Security Directive may
comment on the Security Directive by submitting data, views, or
arguments in writing to TSA. TSA may amend the Security Directive based
on comments received. Submission of a comment does not delay the
effective date of the Security Directive.
(f) Each airport operator that receives a Security Directive or an
Information Circular and each person who receives information from a
Security Directive or an Information Circular must:
(1) Restrict the availability of the Security Directive or
Information Circular, and information contained in either document, to
those persons with an operational need-to-know.
(2) Refuse to release the Security Directive or Information
Circular, and information contained in either document, to persons
other than those who have an operational need to know without the prior
written consent of TSA.
Sec. 1542.305 Public advisories.
When advised by TSA, each airport operator must prominently display
and maintain in public areas information concerning foreign airports
that, in the judgment of the Secretary of Transportation, do not
maintain and administer effective security measures. This information
must be posted in the manner specified in the security program and for
such a period of time determined by the Secretary of Transportation.
Sec. 1542.307 Incident management.
(a) Each airport operator must establish procedures to evaluate
bomb threats, threats of sabotage, aircraft piracy, and other unlawful
interference to civil aviation operations.
(b) Immediately upon direct or referred receipt of a threat of any
of the incidents described in paragraph (a) of this section, each
airport operator must--
(1) Evaluate the threat in accordance with its security program;
(2) Initiate appropriate action as specified in the Airport
Emergency Plan under 14 CFR 139.325; and
(3) Immediately notify TSA of acts, or suspected acts, of unlawful
interference to civil aviation operations, including specific bomb
threats to aircraft and airport facilities.
(c) Airport operators required to have a security program under
Sec. 1542.103(c) but not subject to 14 CFR part 139, must develop
emergency response procedures to incidents of threats identified in
paragraph (a) of this section.
(d) To ensure that all parties know their responsibilities and that
all procedures are current, at least once every 12 calendar months each
airport operator must review the procedures required in paragraphs (a)
and (b) of this section with all persons having responsibilities for
such procedures.
6. Add new part 1544 to Chapter XII, Subchapter C.
PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS
Subpart A--General
Sec.
1544.1 Applicability of this part.
1544.3 TSA inspection authority.
Subpart B--Security Program
1544.101 Adoption and implementation.
1544.103 Form, content, and availability.
1544.105 Approval and amendments.
Subpart C--Operations
1544.201 Acceptance and screening of individuals and accessible
property.
1544.203 Acceptance and screening of checked baggage.
1544.205 Acceptance and screening of cargo.
1544.207 Screening of individuals and property.
1544.209 Use of metal detection devices.
1544.211 Use of X-ray systems.
1544.213 Use of explosives detection systems.
1544.215 Security coordinators.
1544.217 Law enforcement personnel.
1544.219 Carriage of accessible weapons.
1544.221 Carriage of prisoners under the control of armed law
enforcement officers.
1544.223 Transportation of Federal Air Marshals.
1544.225 Security of aircraft and facilities.
1544.227 Exclusive area agreement.
1544.229 Fingerprint-based criminal history records checks (CHRC):
Unescorted access authority, authority to perform screening
functions, and authority to perform checked baggage or cargo
functions.
1544.231 Airport-approved and exclusive area personnel
identification systems.
1544.233 Security coordinators and crewmembers, training.
1544.235 Training and knowledge for individuals with security-
related duties.
Subpart D--Threat and Threat Response
1544.301 Contingency plan.
1544.303 Bomb or air piracy threats.
1544.305 Security Directives and Information Circulars.
Subpart E--Screener Qualifications When the Aircraft Operator Performs
Screening
1544.401 Applicability of this subpart.
1544.403 Current screeners.
1544.405 New screeners: Qualifications of screening personnel.
1544.407 New screeners: Training, testing, and knowledge of
individuals who perform screening functions.
1544.409 New screeners: Integrity of screener tests.
1544.411 New screeners: Continuing qualifications for screening
personnel.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44907,
44913-44914, 44916-44918, 44932, 44935-44936, 44942, 46105.
Subpart A--General
Sec. 1544.1 Applicability of this part.
(a) This part prescribes aviation security rules governing the
following:
(1) The operations of aircraft operators holding operating
certificates under 14 CFR part 119 for scheduled passenger operations,
public charter passenger operations, private charter passenger
operations, and other aircraft operators
[[Page 8365]]
adopting and obtaining approval of an aircraft operator security
program.
(2) Each law enforcement officer flying armed aboard an aircraft
operated by an aircraft operator described in paragraph (a)(1) of this
section.
(3) Each aircraft operator that receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or Information Circular issued by TSA.
(b) As used in this part, ``aircraft operator'' means an aircraft
operator subject to this part as described in Sec. 1544.101.
Sec. 1544.3 TSA inspection authority.
(a) Each aircraft operator must allow TSA, at any time or place, to
make any inspections or tests, including copying records, to determine
compliance of an airport operator, aircraft operator, foreign air
carrier, indirect air carrier, or other airport tenants with--
(1) This subchapter and any security program under this subchapter,
and part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each aircraft operator must provide
evidence of compliance with this part and its security program,
including copies of records.
(c) TSA may enter and be present within secured areas, AOA's, and
SIDA's without access media or identification media issued or approved
by an airport operator or aircraft operator, in order to inspect or
test compliance, or perform other such duties as TSA may direct.
(d) At the request of TSA and the completion of SIDA training as
required in a security program, each aircraft operator must promptly
issue to TSA personnel access and identification media to provide TSA
personnel with unescorted access to, and movement within, areas
controlled by the aircraft operator under an exclusive area agreement.
Subpart B--Security Program
Sec. 1544.101 Adoption and implementation.
(a) Full program. Each aircraft operator must carry out subparts C,
D, and E of this part and must adopt and carry out a security program
that meets the requirements of Sec. 1544.103 for each of the following
operations:
(1) A scheduled passenger or public charter passenger operation
with an aircraft having a passenger seating configuration of 61 or more
seats.
(2) A scheduled passenger or public charter passenger operation
with an aircraft having a passenger seating configuration of 60 or
fewer seats when passengers are enplaned from or deplaned into a
sterile area.
(b) Partial program--adoption. Each aircraft operator must carry
out the requirements specified in paragraph (c) of this section for
each of the following operations:
(1) A scheduled passenger or public charter passenger operation
with an aircraft having a passenger-seating configuration of 31 or more
but 60 or fewer seats that does not enplane from or deplane into a
sterile area.
(2) A scheduled passenger or public charter passenger operation
with an aircraft having a passenger-seating configuration of 60 or
fewer seats engaged in operations to, from, or outside the United
States that does not enplane from or deplane into a sterile area.
(c) Partial program--content. For operations described in paragraph
(b) of this section, the aircraft operator must carry out the
following, and must adopt and carry out a security program that meets
the applicable requirements of Sec. 1544.103(c):
(1) The requirements of Secs. 1544.215, 1544.217, 1544.219,
1544.235, 1544.301, 1544.303, and 1544.305.
(2) Such other provisions of subparts C, D, and E of this part as
TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E of this part
when TSA notifies the aircraft operator in writing that a security
threat exists concerning that operation.
(d) [Reserved]
(e) [Reserved]
(f) Private charter program. Each aircraft operator must carry out
Secs. 1544.201, 1544.207, 1544.209, 1544.211, 1544.213, 1544.215,
1544.217, 1544.219, 1544.229, 1544.233, 1544.235, 1544.303, and
1544.305, and subpart E of this part and must adopt and carry out a
security program that meets the applicable requirements of
Sec. 1544.103 for each private charter operation in which passengers
are enplaned from or deplaned into a sterile area.
(g) Limited program. TSA may approve a security program after
receiving a request by an aircraft operator, holding a certificate
under 14 CFR part 119 other than one identified in paragraph (a), (b),
or (c) of this section. The aircraft operator must--
(1) Carry out selected provisions of subparts C, D, and E of this
part,
(2) Carry out Sec. 1544.305, as specified in its security program,
and
(3) Adopt and carry out a security program that meets the
applicable requirements of Sec. 1544.103(c).
Sec. 1544.103 Form, content, and availability.
(a) General requirements. Each security program must:
(1) Provide for the safety of persons and property traveling on
flights provided by the aircraft operator against acts of criminal
violence and air piracy, and the introduction of explosives,
incendiaries, or weapons aboard an aircraft.
(2) Be in writing and signed by the aircraft operator or any person
delegated authority in this matter.
(3) Be approved by TSA.
(b) Availability. Each aircraft operator having a security program
must:
(1) Maintain an original copy of the security program at its
corporate office.
(2) Have accessible a complete copy, or the pertinent portions of
its security program, or appropriate implementing instructions, at each
airport served. An electronic version of the program is adequate.
(3) Make a copy of the security program available for inspection
upon request of TSA.
(4) Restrict the distribution, disclosure, and availability of
information contained in the security program to persons with a need-
to-know as described in part 1520 of this chapter.
(5) Refer requests for such information by other persons to TSA.
(c) Content. The security program must include, as specified for
that aircraft operator in Sec. 1544.101, the following:
(1) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.201 regarding the
acceptance and screening of individuals and their accessible property.
(2) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.203 regarding the
acceptance and screening of checked baggage.
(3) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.205 regarding the
acceptance and screening of cargo.
(4) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.207 regarding the
screening of individuals and property.
(5) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.209 regarding the use
of metal detection devices.
(6) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.211 regarding the use
of x-ray systems.
[[Page 8366]]
(7) The procedures and description of the facilities and equipment
used to comply with the requirements of Sec. 1544.213 regarding the use
of explosives detection systems.
(8) The procedures used to comply with the requirements of
Sec. 1544.215 regarding the responsibilities of security coordinators.
The names of the Aircraft Operator Security Coordinator (AOSC) and any
alternate, and the means for contacting the AOSC(s) on a 24-hour basis,
as provided in Sec. 1544.215.
(9) The procedures used to comply with the requirements of
Sec. 1544.217 regarding the requirements for law enforcement personnel.
(10) The procedures used to comply with the requirements of
Sec. 1544.219 regarding carriage of accessible weapons.
(11) The procedures used to comply with the requirements of
Sec. 1544.221 regarding carriage of prisoners under the control of
armed law enforcement officers.
(12) The procedures used to comply with the requirements of
Sec. 1544.223 regarding transportation of Federal Air Marshals.
(13) The procedures and description of the facilities and equipment
used to perform the aircraft and facilities control function specified
in Sec. 1544.225.
(14) The specific locations where the air carrier has entered into
an exclusive area agreement under Sec. 1544.227.
(15) The procedures used to comply with the applicable requirements
of Sec. 1544.229 regarding fingerprint-based criminal history record
checks.
(16) The procedures used to comply with the requirements of
Sec. 1544.231 regarding personnel identification systems.
(17) The procedures and syllabi used to accomplish the training
required under Sec. 1544.233.
(18) The procedures and syllabi used to accomplish the training
required under Sec. 1544.235.
(19) An aviation security contingency plan as specified under
Sec. 1544.301.
(20) The procedures used to comply with the requirements of
Sec. 1544.303 regarding bomb and air piracy threats.
Sec. 1544.105 Approval and amendments.
(a) Initial approval of security program. Unless otherwise
authorized by TSA, each aircraft operator required to have a security
program under this part must submit its proposed security program to
the designated official for approval at least 90 days before the
intended date of passenger operations. The proposed security program
must meet the requirements applicable to its operation as described in
Sec. 1544.101. Such requests will be processed as follows:
(1) The designated official, within 30 days after receiving the
proposed aircraft operator security program, will either approve the
program or give the aircraft operator written notice to modify the
program to comply with the applicable requirements of this part.
(2) The aircraft operator may either submit a modified security
program to the designated official for approval, or petition the Under
Secretary to reconsider the notice to modify within 30 days of
receiving a notice to modify. A petition for reconsideration must be
filed with the designated official.
(3) The designated official, upon receipt of a petition for
reconsideration, either amends or withdraws the notice, or transmits
the petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 days of receipt by either directing the designated
official to withdraw or amend the notice to modify, or by affirming the
notice to modify.
(b) Amendment requested by an aircraft operator. An aircraft
operator may submit a request to TSA to amend its security program as
follows:
(1) The request for an amendment must be filed with the designated
official at least 45 days before the date it proposes for the amendment
to become effective, unless a shorter period is allowed by the
designated official.
(2) Within 30 days after receiving a proposed amendment, the
designated official, in writing, either approves or denies the request
to amend.
(3) An amendment to an aircraft operator security program may be
approved if the designated official determines that safety and the
public interest will allow it, and the proposed amendment provides the
level of security required under this part.
(4) Within 30 days after receiving a denial, the aircraft operator
may petition the Under Secretary to reconsider the denial. A petition
for reconsideration must be filed with the designated official.
(5) Upon receipt of a petition for reconsideration, the designated
official either approves the request to amend or transmits the
petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 days of receipt by either directing the designated
official to approve the amendment, or affirming the denial.
(6) Any aircraft operator may submit a group proposal for an
amendment that is on behalf of it and other aircraft operators that co-
sign the proposal.
(c) Amendment by TSA. If safety and the public interest require an
amendment, TSA may amend a security program as follows:
(1) The designated official notifies the aircraft operator, in
writing, of the proposed amendment, fixing a period of not less than 30
days within which the aircraft operator may submit written information,
views, and arguments on the amendment.
(2) After considering all relevant material, the designated
official notifies the aircraft operator of any amendment adopted or
rescinds the notice. If the amendment is adopted, it becomes effective
not less than 30 days after the aircraft operator receives the notice
of amendment, unless the aircraft operator petitions the Under
Secretary to reconsider no later than 15 days before the effective date
of the amendment. The aircraft operator must send the petition for
reconsideration to the designated official. A timely petition for
reconsideration stays the effective date of the amendment.
(3) Upon receipt of a petition for reconsideration, the designated
official either amends or withdraws the notice or transmits the
petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 days of receipt by either directing the designated
official to withdraw or amend the amendment, or by affirming the
amendment.
(d) Emergency amendments. If the designated official finds that
there is an emergency requiring immediate action with respect to safety
in air transportation or in air commerce that makes procedures in this
section contrary to the public interest, the designated official may
issue an amendment, without the prior notice and comment procedures in
paragraph (c) of this section, effective without stay on the date the
aircraft operator receives notice of it. In such a case, the designated
official will incorporate in the notice a brief statement of the
reasons and findings for the amendment to be adopted. The aircraft
operator may file a petition for reconsideration under paragraph (c) of
this section; however, this does not stay the effective date of the
emergency amendment.
[[Page 8367]]
Subpart C--Operations
Sec. 1544.201 Acceptance and screening of individuals and accessible
property.
(a) Preventing or deterring the carriage of any explosive,
incendiary, or deadly or dangerous weapon. Each aircraft operator must
use the measures in its security program to prevent or deter the
carriage of any weapon, explosive, or incendiary on or about each
individual's person or accessible property before boarding an aircraft
or entering a sterile area.
(b) Screening of individuals and accessible property. Except as
provided in its security program, each aircraft operator must ensure
that each individual entering a sterile area at each preboard screening
checkpoint for which it is responsible, and all accessible property
under that individual's control, are inspected for weapons, explosives,
and incendiaries as provided in Sec. 1544.207.
(c) Refusal to transport. Each aircraft operator must deny entry
into a sterile area and must refuse to transport--
(1) Any individual who does not consent to a search or inspection
of his or her person in accordance with the system prescribed in this
part; and
(2) Any property of any individual or other person who does not
consent to a search or inspection of that property in accordance with
the system prescribed by this part.
(d) Prohibitions on carrying a weapon, explosive, or incendiary.
Except as provided in Secs. 1544.219, 1544.221, and 1544.223, no
aircraft operator may permit any individual to have a weapon,
explosive, or incendiary, on or about the individual's person or
accessible property when onboard an aircraft.
(e) Staffing. Each aircraft operator must staff its security
screening checkpoints with supervisory and non-supervisory personnel in
accordance with the standards specified in its security program.
Sec. 1544.203 Acceptance and screening of checked baggage.
(a) Preventing or deterring the carriage of any explosive or
incendiary. Each aircraft operator must use the procedures, facilities,
and equipment described in its security program to prevent or deter the
carriage of any unauthorized explosive or incendiary onboard aircraft
in checked baggage.
(b) Acceptance. Each aircraft operator must ensure that checked
baggage carried in the aircraft is received by its authorized aircraft
operator representative.
(c) Screening of checked baggage. Except as provided in its
security program, each aircraft operator must ensure that all checked
baggage is inspected for explosives and incendiaries before loading it
on its aircraft, in accordance with Sec. 1544.207.
(d) Control. Each aircraft operator must use the procedures in its
security program to control checked baggage that it accepts for
transport on an aircraft, in a manner that:
(1) Prevents the unauthorized carriage of any explosive or
incendiary aboard the aircraft.
(2) Prevents access by persons other than an aircraft operator
employee or its agent.
(e) Refusal to transport. Each aircraft operator must refuse to
transport any individual's checked baggage or property if the
individual does not consent to a search or inspection of that checked
baggage or property in accordance with the system prescribed by this
part.
(f) Firearms in checked baggage. No aircraft operator may knowingly
permit any person to transport in checked baggage:
(1) Any loaded firearm(s).
(2) Any unloaded firearm(s) unless--
(i) The passenger declares to the aircraft operator, either orally
or in writing before checking the baggage that any firearm carried in
the baggage is unloaded;
(ii) The firearm is carried in a hard-sided container;
(iii) The container in which it is carried is locked, and only the
individual checking the baggage retains the key or combination; and
(iv) The checked baggage containing the firearm is carried in an
area that is inaccessible to passengers, and is not carried in the
flightcrew compartment,.
(3) Any unauthorized explosive or incendiary.
(g) Ammunition. This section does not prohibit the carriage of
ammunition in checked baggage or in the same container as a firearm.
Title 49 CFR part 175 provides additional requirements governing
carriage of ammunition on aircraft.
Sec. 1544.205 Acceptance and screening of cargo.
(a) General requirements. Each aircraft operator must use the
procedures, facilities, and equipment described in its security program
to prevent or deter the carriage of unauthorized explosives or
incendiaries in cargo onboard a passenger aircraft.
(b) Screening of cargo baggage. Each aircraft operator must ensure
that, as required in its security program, cargo is inspected for
explosives and incendiaries before loading it on its aircraft in
accordance with Sec. 1544.207.
(c) Control. Each aircraft operator must use the procedures in its
security program to control cargo that it accepts for transport on an
aircraft in a manner that:
(1) Prevents the carriage of any unauthorized explosive or
incendiary aboard the aircraft.
(2) Prevents access by persons other than an aircraft operator
employee or its agent.
(d) Refusal to transport. Each aircraft operator must refuse to
transport any cargo if the shipper does not consent to a search or
inspection of that cargo in accordance with the system prescribed by
this part.
Sec. 1544.207 Screening of individuals and property.
(a) Applicability of this section. This section applies to the
inspection of individuals, accessible property, checked baggage, and
cargo as required under this part.
(b) Locations within the United States at which TSA conducts
screening. Each aircraft operator must ensure that the individuals or
property have been inspected by TSA before boarding or loading on its
aircraft. This paragraph applies when TSA is conducting screening using
TSA employees or when using companies under contract with TSA.
(c) Aircraft operator conducting screening. Each aircraft operator
must use the measures in its security program and in subpart E of this
part to inspect the individual or property. This paragraph does not
apply at locations identified in paragraphs (b) and (d) of this
section.
(d) Locations outside the United States at which the foreign
government conducts screening. Each aircraft operator must ensure that
all individuals and property have been inspected by the foreign
government. This paragraph applies when the host government is
conducting screening using government employees or when using companies
under contract with the government.
Sec. 1544.209 Use of metal detection devices.
(a) No aircraft operator may use a metal detection device within
the United States or under the aircraft operator's operational control
outside the United States to inspect persons, unless specifically
authorized under a security program under this part. No aircraft
operator may use such a device contrary to its security program.
(b) Metal detection devices must meet the calibration standards
established by TSA.
[[Page 8368]]
Sec. 1544.211 Use of X-ray systems.
(a) TSA authorization required. No aircraft operator may use any X-
ray system within the United States or under the aircraft operator's
operational control outside the United States to inspect accessible
property or checked baggage, unless specifically authorized under its
security program. No aircraft operator may use such a system in a
manner contrary to its security program. TSA authorizes aircraft
operators to use X-ray systems for inspecting accessible property or
checked baggage under a security program if the aircraft operator shows
that--
(1) The system meets the standards for cabinet X-ray systems
primarily for the inspection of baggage issued by the Food and Drug
Administration (FDA) and published in 21 CFR 1020.40;
(2) A program for initial and recurrent training of operators of
the system is established, which includes training in radiation safety,
the efficient use of X-ray systems, and the identification of weapons,
explosives, and incendiaries; and
(3) The system meets the imaging requirements set forth in its
security program using the step wedge specified in American Society for
Testing Materials (ASTM) Standard F792-88 (Reapproved 1993). This
standard is incorporated by reference in paragraph (g) of this section.
(b) Annual radiation survey. No aircraft operator may use any X-ray
system unless, within the preceding 12 calendar months, a radiation
survey is conducted that shows that the system meets the applicable
performance standards in 21 CFR 1020.40.
(c) Radiation survey after installation or moving. No aircraft
operator may use any X-ray system after the system has been installed
at a screening point or after the system has been moved unless a
radiation survey is conducted which shows that the system meets the
applicable performance standards in 21 CFR 1020.40. A radiation survey
is not required for an X-ray system that is designed and constructed as
a mobile unit and the aircraft operator shows that it can be moved
without altering its performance.
(d) Defect notice or modification order. No aircraft operator may
use any X-ray system that is not in full compliance with any defect
notice or modification order issued for that system by the FDA, unless
the FDA has advised TSA that the defect or failure to comply does not
create a significant risk of injury, including genetic injury, to any
person.
(e) Signs and inspection of photographic equipment and film. (1) At
locations at which an aircraft operator uses an X-ray system to inspect
accessible property the aircraft operator must ensure that a sign is
posted in a conspicuous place at the screening checkpoint. At locations
outside the United States at which a foreign government uses an X-ray
system to inspect accessible property the aircraft operator must ensure
that a sign is posted in a conspicuous place at the screening
checkpoint.
(2) At locations at which an aircraft operator or TSA uses an X-ray
system to inspect checked baggage the aircraft operator must ensure
that a sign is posted in a conspicuous place where the aircraft
operator accepts checked baggage.
(3) The signs required under this paragraph (e) must notify
individuals that such items are being inspected by an X-ray and advise
them to remove all X-ray, scientific, and high-speed film from
accessible property and checked baggage before inspection. This sign
must also advise individuals that they may request that an inspection
be made of their photographic equipment and film packages without
exposure to an X-ray system. If the X-ray system exposes any accessible
property or checked baggage to more than one milliroentgen during the
inspection, the sign must advise individuals to remove film of all
kinds from their articles before inspection.
(4) If requested by individuals, their photographic equipment and
film packages must be inspected without exposure to an X-ray system.
(f) Radiation survey verification after installation or moving.
Each aircraft operator must maintain at least one copy of the results
of the most recent radiation survey conducted under paragraph (b) or
(c) of this section and must make it available for inspection upon
request by TSA at each of the following locations--
(1) The aircraft operator's principal business office; and
(2) The place where the X-ray system is in operation.
(g) Incorporation by reference. The American Society for Testing
and Materials (ASTM) Standard F792-88 (Reapproved 1993), ``Standard
Practice for Design and Use of Ionizing Radiation Equipment for the
Detection of Items Prohibited in Controlled Access Areas,'' is approved
for incorporation by reference by the Director of the Federal Register
pursuant to 5 U.S.C. 552(a) and l CFR part 51. ASTM Standard F792-88
may be examined at the Department of Transportation (DOT) Docket, 400
Seventh Street SW, Room Plaza 401, Washington, DC 20590, or on DOT's
Docket Management System (DMS) web page at http://dms.dot.gov/search
(under docket number FAA-2001-8725). Copies of the standard may be
examined also at the Office of the Federal Register, 800 North Capitol
St., NW, Suite 700, Washington, DC. In addition, ASTM Standard F792-88
(Reapproved 1993) may be obtained from the American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(h) Duty time limitations. Each aircraft operator must comply with
the X-ray operator duty time limitations specified in its security
program.
Sec. 1544.213 Use of explosives detection systems.
(a) Use of explosive detection equipment. If TSA so requires by an
amendment to an aircraft operator's security program, each aircraft
operator required to conduct screening under a security program must
use an explosives detection system approved by TSA to screen checked
baggage on international flights.
(b) Signs and inspection of photographic equipment and film. (1) At
locations at which an aircraft operator or TSA uses an explosives
detection system that uses X-ray technology to inspect checked baggage
the aircraft operator must ensure that a sign is posted in a
conspicuous place where the aircraft operator accepts checked baggage.
The sign must notify individuals that such items are being inspected by
an explosives detection system and advise them to remove all X-ray,
scientific, and high-speed film from checked baggage before inspection.
This sign must also advise individuals that they may request that an
inspection be made of their photographic equipment and film packages
without exposure to an explosives detection system.
(2) If the explosives detection system exposes any checked baggage
to more than one milliroentgen during the inspection the aircraft
operator must post a sign which advises individuals to remove film of
all kinds from their articles before inspection. If requested by
individuals, their photographic equipment and film packages must be
inspected without exposure to an explosives detection system.
Sec. 1544.215 Security coordinators.
(a) Aircraft Operator Security Coordinator. Each aircraft operator
must designate and use an Aircraft Operator Security Coordinator
(AOSC). The AOSC and any alternates must be appointed at the corporate
level and must serve as the aircraft operator's primary contact for
security-related
[[Page 8369]]
activities and communications with TSA, as set forth in the security
program. Either the AOSC, or an alternate AOSC, must be available on a
24-hour basis.
(b) Ground Security Coordinator. Each aircraft operator must
designate and use a Ground Security Coordinator for each domestic and
international flight departure to carry out the Ground Security
Coordinator duties specified in the aircraft operator's security
program. The Ground Security Coordinator at each airport must conduct
the following daily:
(1) A review of all security-related functions for which the
aircraft operator is responsible, for effectiveness and compliance with
this part, the aircraft operator's security program, and applicable
Security Directives.
(2) Immediate initiation of corrective action for each instance of
noncompliance with this part, the aircraft operator's security program,
and applicable Security Directives. At foreign airports where such
security measures are provided by an agency or contractor of a host
government, the aircraft operator must notify TSA for assistance in
resolving noncompliance issues.
(c) In-flight Security Coordinator. Each aircraft operator must
designate and use the pilot in command as the In-flight Security
Coordinator for each domestic and international flight to perform
duties specified in the aircraft operator's security program.
Sec. 1544.217 Law enforcement personnel.
(a) The following applies to operations at airports within the
United States that are not required to hold a security program under
part 1542 of this chapter.
(1) For operations described in Sec. 1544.101(a) each aircraft
operator must provide for law enforcement personnel meeting the
qualifications and standards specified in Secs. 1542.215 and 1542.217
of this chapter.
(2) For operations described in Sec. 1544.101(b) or (c) each
aircraft operator must--
(i) Arrange for law enforcement personnel meeting the
qualifications and standards specified in Sec. 1542.217 of this chapter
to be available to respond to an incident; and
(ii) Provide its employees, including crewmembers, current
information regarding procedures for obtaining law enforcement
assistance at that airport.
(b) The following applies to operations at airports required to
hold security programs under part 1542 of this chapter. For operations
described in Sec. 1544.101(c), each aircraft operator must--
(1) Arrange with TSA and the airport operator, as appropriate, for
law enforcement personnel meeting the qualifications and standards
specified in Sec. 1542.217 of this chapter to be available to respond
to incidents, and
(2) Provide its employees, including crewmembers, current
information regarding procedures for obtaining law enforcement
assistance at that airport.
Sec. 1544.219 Carriage of accessible weapons.
(a) Flights for which screening is conducted. The provisions of
Sec. 1544.201(d), with respect to accessible weapons, do not apply to a
law enforcement officer (LEO) aboard a flight for which screening is
required if the requirements of this section are met. Paragraph (a) of
this section does not apply to a Federal Air Marshal on duty status
under Sec. 1544.223.
(1) Unless otherwise authorized by TSA, the armed LEO must meet the
following requirements:
(i) Be a Federal law enforcement officer or a full-time municipal,
county, or state law enforcement officer who is a direct employee of a
government agency.
(ii) Be sworn and commissioned to enforce criminal statutes or
immigration statutes.
(iii) Be authorized by the employing agency to have the weapon in
connection with assigned duties.
(iv) Has completed the training program ``Law Enforcement Officers
Flying Armed.''
(2) In addition to the requirements of paragraph (a)(1) of this
section, the armed LEO must have a need to have the weapon accessible
from the time he or she would otherwise check the weapon until the time
it would be claimed after deplaning. The need to have the weapon
accessible must be determined by the employing agency, department, or
service and be based on one of the following:
(i) The provision of protective duty, for instance, assigned to a
principal or advance team, or on travel required to be prepared to
engage in a protective function.
(ii) The conduct of a hazardous surveillance operation.
(iii) On official travel required to report to another location,
armed and prepared for duty.
(iv) Employed as a Federal LEO, whether or not on official travel,
and armed in accordance with an agency-wide policy governing that type
of travel established by the employing agency by directive or policy
statement.
(v) Control of a prisoner, in accordance with Sec. 1544.221, or an
armed LEO on a round trip ticket returning from escorting, or traveling
to pick up, a prisoner.
(vi) TSA Federal Air Marshal on duty status.
(3) The armed LEO must comply with the following notification
requirements:
(i) All armed LEOs must notify the aircraft operator of the
flight(s) on which he or she needs to have the weapon accessible at
least 1 hour, or in an emergency as soon as practicable, before
departure.
(ii) Identify himself or herself to the aircraft operator by
presenting credentials that include a clear full-face picture, the
signature of the armed LEO, and the signature of the authorizing
official of the agency, service, or department or the official seal of
the agency, service, or department. A badge, shield, or similar device
may not be used, or accepted, as the sole means of identification.
(iii) If the armed LEO is a State, county, or municipal law
enforcement officer, he or she must present an original letter of
authority, signed by an authorizing official from his or her employing
agency, service or department, confirming the need to travel armed and
detailing the itinerary of the travel while armed.
(iv) If the armed LEO is an escort for a foreign official then this
paragraph (a)(3) may be satisfied by a State Department notification.
(4) The aircraft operator must do the following:
(i) Obtain information or documentation required in paragraphs
(a)(3)(ii), (iii), and (iv) of this section.
(ii) Advise the armed LEO, before boarding, of the aircraft
operator's procedures for carrying out this section.
(iii) Have the LEO confirm he/she has completed the training
program ``Law Enforcement Officers Flying Armed'' as required by TSA,
unless otherwise authorized by TSA.
(iv) Ensure that the identity of the armed LEO is known to the
appropriate personnel who are responsible for security during the
boarding of the aircraft.
(v) Notify the pilot in command and other appropriate crewmembers,
of the location of each armed LEO aboard the aircraft. Notify any other
armed LEO of the location of each armed LEO, including FAM's. Under
circumstances described in the security program, the aircraft operator
must not close the doors until the notification is complete.
(vi) Ensure that the information required in paragraphs (a)(3)(i)
and (ii) of this section is furnished to the flight
[[Page 8370]]
crew of each additional connecting flight by the Ground Security
Coordinator or other designated agent at each location.
(b) Flights for which screening is not conducted. The provisions of
Sec. 1544.201(d), with respect to accessible weapons, do not apply to a
LEO aboard a flight for which screening is not required if the
requirements of paragraphs (a)(1), (3), and (4) of this section are
met.
(c) Alcohol. (1) No aircraft operator may serve any alcoholic
beverage to an armed LEO.
(2) No armed LEO may:
(i) Consume any alcoholic beverage while aboard an aircraft
operated by an aircraft operator.
(ii) Board an aircraft armed if they have consumed an alcoholic
beverage within the previous 8 hours.
(d) Location of weapon. (1) Any individual traveling aboard an
aircraft while armed must at all times keep their weapon:
(i) Concealed and out of view, either on their person or in
immediate reach, if the armed LEO is not in uniform.
(ii) On their person, if the armed LEO is in uniform.
(2) No individual may place a weapon in an overhead storage bin.
Sec. 1544.221 Carriage of prisoners under the control of armed law
enforcement officers.
(a) This section applies as follows:
(1) This section applies to the transport of prisoners under the
escort of an armed law enforcement officer.
(2) This section does not apply to the carriage of passengers under
voluntary protective escort.
(3) This section does not apply to the escort of non-violent
detainees of the Immigration and Naturalization Service. This section
does not apply to individuals who may be traveling with a prisoner and
armed escort, such as the family of a deportee who is under armed
escort.
(b) For the purpose of this section:
(1) ``High risk prisoner'' means a prisoner who is an exceptional
escape risk, as determined by the law enforcement agency, and charged
with, or convicted of, a violent crime.
(2) ``Low risk prisoner'' means any prisoner who has not been
designated as ``high risk.''
(c) No aircraft operator may carry a prisoner in the custody of an
armed law enforcement officer aboard an aircraft for which screening is
required unless, in addition to the requirements in Sec. 1544.219, the
following requirements are met:
(1) The agency responsible for control of the prisoner has
determined whether the prisoner is considered a high risk or a low
risk.
(2) Unless otherwise authorized by TSA, no more than one high risk
prisoner may be carried on the aircraft.
(d) No aircraft operator may carry a prisoner in the custody of an
armed law enforcement officer aboard an aircraft for which screening is
required unless the following staffing requirements are met:
(1) A minimum of one armed law enforcement officer must control a
low risk prisoner on a flight that is scheduled for 4 hours or less.
One armed law enforcement officer may control no more than two low risk
prisoners.
(2) A minimum of two armed law enforcement officers must control a
low risk prisoner on a flight that is scheduled for more than 4 hours.
Two armed law enforcement officers may control no more than two low
risk prisoners.
(3) For high-risk prisoners:
(i) For one high-risk prisoner on a flight: A minimum of two armed
law enforcement officers must control a high risk prisoner. No other
prisoners may be under the control of those two armed law enforcement
officers.
(ii) If TSA has authorized more than one high-risk prisoner to be
on the flight under paragraph (c)(2) of this section, a minimum of one
armed law enforcement officer for each prisoner and one additional
armed law enforcement officer must control the prisoners. No other
prisoners may be under the control of those armed law enforcement
officers.
(e) An armed law enforcement officer who is escorting a prisoner--
(1) Must notify the aircraft operator at least 24 hours before the
scheduled departure, or, if that is not possible as far in advance as
possible of the following--
(i) The identity of the prisoner to be carried and the flight on
which it is proposed to carry the prisoner; and
(ii) Whether or not the prisoner is considered to be a high risk or
a low risk.
(2) Must arrive at the check-in counter at least 1 hour before to
the scheduled departure.
(3) Must assure the aircraft operator, before departure, that each
prisoner under the control of the officer(s) has been searched and does
not have on or about his or her person or property anything that can be
used as a weapon.
(4) Must be seated between the prisoner and any aisle.
(5) Must accompany the prisoner at all times, and keep the prisoner
under control while aboard the aircraft.
(f) No aircraft operator may carry a prisoner in the custody of an
armed law enforcement officer aboard an aircraft unless the following
are met:
(1) When practicable, the prisoner must be boarded before any other
boarding passengers and deplaned after all other deplaning passengers.
(2) The prisoner must be seated in a seat that is neither located
in any passenger lounge area nor located next to or directly across
from any exit and, when practicable, the aircraft operator should seat
the prisoner in the rearmost seat of the passenger cabin.
(g) Each armed law enforcement officer escorting a prisoner and
each aircraft operator must ensure that the prisoner is restrained from
full use of his or her hands by an appropriate device that provides for
minimum movement of the prisoner's hands, and must ensure that leg
irons are not used.
(h) No aircraft operator may provide a prisoner under the control
of a law enforcement officer--
(1) With food or beverage or metal eating utensils unless
authorized to do so by the armed law enforcement officer.
(2) With any alcoholic beverage.
Sec. 1544.223 Transportation of Federal Air Marshals.
(a) A Federal Air Marshal on duty status may have a weapon
accessible while aboard an aircraft for which screening is required.
(b) Each aircraft operator must carry Federal Air Marshals, in the
number and manner specified by TSA, on each scheduled passenger
operation, and public charter passenger operation designated by TSA.
(c) Each Federal Air Marshal must be carried on a first priority
basis and without charge while on duty, including positioning and
repositioning flights. When a Federal Air Marshal is assigned to a
scheduled flight that is canceled for any reason, the aircraft operator
must carry that Federal Air Marshal without charge on another flight as
designated by TSA.
(d) Each aircraft operator must assign the specific seat requested
by a Federal Air Marshal who is on duty status. If another LEO is
assigned to that seat or requests that seat, the aircraft operator must
inform the Federal Air Marshal. The Federal Air Marshal will coordinate
seat assignments with the other LEO.
(e) The Federal Air Marshal identifies himself or herself to the
aircraft operator by presenting credentials that include a clear, full-
face picture, the signature of the Federal Air Marshal, and the
signature of the FAA Administrator. A badge, shield, or similar device
may not
[[Page 8371]]
be used or accepted as the sole means of identification.
(f) The requirements of Sec. 1544.219(a) do not apply for a Federal
Air Marshal on duty status.
(g) Each aircraft operator must restrict any information concerning
the presence, seating, names, and purpose of Federal Air Marshals at
any station or on any flight to those persons with an operational need
to know.
(h) Law enforcement officers authorized to carry a weapon during a
flight will be contacted directly by a Federal Air Marshal who is on
that same flight.
Sec. 1544.225 Security of aircraft and facilities.
Each aircraft operator must use the procedures included, and the
facilities and equipment described, in its security program to perform
the following control functions with respect to each aircraft
operation:
(a) Prevent unauthorized access to areas controlled by the aircraft
operator under an exclusive area agreement in accordance with
Sec. 1542.111 of this chapter.
(b) Prevent unauthorized access to each aircraft.
(c) Conduct a security inspection of each aircraft before placing
it into passenger operations if access has not been controlled in
accordance with the aircraft operator security program and as otherwise
required in the security program.
Sec. 1544.227 Exclusive area agreement.
(a) An aircraft operator that has entered into an exclusive area
agreement with an airport operator, under Sec. 1542.111 of this chapter
must carry out that exclusive area agreement.
(b) The aircraft operator must list in its security program the
locations at which it has entered into exclusive area agreements with
an airport operator.
(c) The aircraft operator must provide the exclusive area agreement
to TSA upon request.
(d) Any exclusive area agreements in effect on November 14, 2001,
must meet the requirements of this section and Sec. 1542.111 of this
chapter no later than November 14, 2002.
Sec. 1544.229 Fingerprint-based criminal history records checks
(CHRC): Unescorted access authority, authority to perform screening
functions, and authority to perform checked baggage or cargo functions.
(a) Scope. The following individuals are within the scope of this
section. Unescorted access authority, authority to perform screening
functions, and authority to perform checked baggage or cargo functions,
are collectively referred to as ``covered functions.''
(1) New unescorted access authority or authority to perform
screening functions. (i) Each employee or contract employee covered
under a certification made to an airport operator on or after December
6, 2001, pursuant to 14 CFR 107.209(n) in effect prior to November 14,
2001 (see 14 CFR Parts 60 to 139 revised as of January 1, 2001) or
Sec. 1542.209(n) of this chapter.
(ii) Each individual issued on or after December 6, 2001, an
aircraft operator identification media that one or more airports
accepts as airport-approved media for unescorted access authority
within a security identification display area (SIDA), as described in
Sec. 1542.205 of this chapter (referred to as ``unescorted access
authority'').
(iii) Each individual, on or after December 6, 2001, granted
authority to perform the following screening functions at locations
within the United States (referred to as ``authority to perform
screening functions'')--
(A) Screening passengers or property that will be carried in a
cabin of an aircraft of an aircraft operator required to screen
passengers under this part.
(B) Serving as an immediate supervisor (checkpoint security
supervisor (CSS)), and the next supervisory level (shift or site
supervisor), to those individuals described in paragraph (a)(1)(iii)(A)
of this section.
(2) Current unescorted access authority or authority to perform
screening functions. (i) Each employee or contract employee covered
under a certification made to an airport operator pursuant to 14 CFR
107.31(n) in effect prior to November 14, 2001 (see 14 CFR Parts 60 to
139 revised as of January 1, 2001), or pursuant to 14 CFR 107.209(n) in
effect prior to December 6, 2001 (see 14 CFR Parts 60 to 139 revised as
of January 1, 2001).
(ii) Each individual who holds on December 6, 2001, an aircraft
operator identification media that one or more airports accepts as
airport-approved media for unescorted access authority within a
security identification display area (SIDA), as described in
Sec. 1542.205 of this chapter.
(iii) Each individual who is performing on December 6, 2001, a
screening function identified in paragraph (a)(1)(iii) of this section.
(3) New authority to perform checked baggage or cargo functions.
Each individual who, on and after February 17, 2002, is granted the
authority to perform the following checked baggage and cargo functions
(referred to as ``authority to perform checked baggage or cargo
functions''), except for individuals described in paragraph (a)(1) of
this section:
(i) Screening of checked baggage or cargo of an aircraft operator
required to screen passengers under this part, or serving as an
immediate supervisor of such an individual.
(ii) Accepting checked baggage for transport on behalf of an
aircraft operator required to screen passengers under this part.
(4) Current authority to perform checked baggage or cargo
functions. Each individual who holds on February 17, 2002, authority to
perform checked baggage or cargo functions, except for individuals
described in paragraph (a)(1) or (2) of this section.
(b) Individuals seeking unescorted access authority, authority to
perform screening functions, or authority to perform checked baggage or
cargo functions. Each aircraft operator must ensure that each
individual identified in paragraph (a)(1) or (3) of this section has
undergone a fingerprint-based CHRC that does not disclose that he or
she has a disqualifying criminal offense, as described in paragraph (d)
of this section, before--
(1) Making a certification to an airport operator regarding that
individual;
(2) Issuing an aircraft operator identification medium to that
individual;
(3) Authorizing that individual to perform screening functions; or
(4) Authorizing that individual to perform checked baggage or cargo
functions.
(c) Individuals who have not had a CHRC. (1) Deadline for
conducting a CHRC. Each aircraft operator must ensure that, on and
after December 6, 2002:
(i) No individual retains unescorted access authority, whether
obtained as a result of a certification to an airport operator under 14
CFR 107.31(n) in effect prior to November 14, 2001 (see 14 CFR parts 60
to 139 revised as of January 1, 2001), or under 14 CFR 107.209(n) in
effect prior to December 6, 2001 (see 14 CFR Parts 60 to 139 revised as
of January 1, 2001), or obtained as a result of the issuance of an
aircraft operator's identification media, unless the individual has
been subject to a fingerprint-based CHRC for unescorted access
authority under this part.
(ii) No individual continues to have authority to perform screening
functions described in paragraph (a)(1)(iii) of this section, unless
the individual has been subject to a fingerprint-based CHRC under this
part.
(iii) No individual continues to have authority to perform checked
baggage or
[[Page 8372]]
cargo functions described in paragraph (a)(3) of this section, unless
the individual has been subject to a fingerprint-based CHRC under this
part.
(2) Lookback for individuals with unescorted access authority or
authority to perform screening functions. When a CHRC discloses a
disqualifying criminal offense for which the conviction or finding was
on or after December 6, 1991, the aircraft operator must immediately
suspend that individual's unescorted access authority or authority to
perform screening functions.
(3) Lookback for individuals with authority to perform checked
baggage or cargo functions. When a CHRC discloses a disqualifying
criminal offense for which the conviction or finding was on or after
February 17, 1992, the aircraft operator must immediately suspend that
individual's authority to perform checked baggage or cargo functions.
(d) Disqualifying criminal offenses. An individual has a
disqualifying criminal offense if the individual has been convicted, or
found not guilty by reason of insanity, of any of the disqualifying
crimes listed in this paragraph in any jurisdiction during the 10 years
before the date of the individual's application for authority to
perform covered functions, or while the individual has authority to
perform covered functions. The disqualifying criminal offenses are as
follows:
(1) Forgery of certificates, false marking of aircraft, and other
aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C.
46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49
U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49
U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C.
46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of
the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled
substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves
air carriers or foreign air carriers contrary to established security
requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture
of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled
substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving--
(i) Willful destruction of property;
(ii) Importation or manufacture of a controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled substance punishable by a
maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts
listed in this paragraph (d).
(e) Fingerprint application and processing. (1) At the time of
fingerprinting, the aircraft operator must provide the individual to be
fingerprinted a fingerprint application that includes only the
following--
(i) The disqualifying criminal offenses described in paragraph (d)
of this section.
(ii) A statement that the individual signing the application does
not have a disqualifying criminal offense.
(iii) A statement informing the individual that Federal regulations
under 49 CFR 1544.229 impose a continuing obligation to disclose to the
aircraft operator within 24 hours if he or she is convicted of any
disqualifying criminal offense that occurs while he or she has
authority to perform a covered function.
(iv) A statement reading, ``The information I have provided on this
application is true, complete, and correct to the best of my knowledge
and belief and is provided in good faith. I understand that a knowing
and willful false statement on this application can be punished by fine
or imprisonment or both. (See section 1001 of Title 18 United States
Code.)''
(v) A line for the printed name of the individual.
(vi) A line for the individual's signature and date of signature.
(2) Each individual must complete and sign the application prior to
submitting his or her fingerprints.
(3) The aircraft operator must verify the identity of the
individual through two forms of identification prior to fingerprinting,
and ensure that the printed name on the fingerprint application is
legible. At least one of the two forms of identification must have been
issued by a government authority, and at least one must include a
photo.
(4) The aircraft operator must:
(i) Advise the individual that a copy of the criminal record
received from the FBI will be provided to the individual, if requested
by the individual in writing; and
(ii) Identify a point of contact if the individual has questions
about the results of the CHRC.
(5) The aircraft operator must collect, control, and process one
set of legible and classifiable fingerprints under direct observation
by the aircraft operator or a law enforcement officer.
(6) Fingerprints may be obtained and processed electronically, or
recorded on fingerprint cards approved by the FBI and distributed by
TSA for that purpose.
(7) The fingerprint submission must be forwarded to TSA in the
manner specified by TSA.
(f) Fingerprinting fees. Aircraft operators must pay for all
fingerprints in a form and manner approved by TSA. The payment must be
made at the designated rate (available from the local TSA security
office) for each set of fingerprints submitted. Information about
payment options is available though the designated TSA headquarters
point of contact. Individual personal checks are not acceptable.
(g) Determination of arrest status. (1) When a CHRC on an
individual described in paragraph (a)(1) or (3) of this section
discloses an arrest for any disqualifying criminal offense listed in
paragraph (d) of this section without indicating a disposition, the
aircraft operator must determine, after investigation, that the arrest
did not result in a disqualifying offense before granting authority to
perform a covered function. If there is no disposition, or if the
disposition did not result in a conviction or in a finding of not
guilty by reason of insanity of one of the offenses listed in paragraph
(d) of this section, the individual is not disqualified under this
section.
(2) When a CHRC on an individual described in paragraph (a)(2) or
(4) of this section discloses an arrest for any disqualifying criminal
offense without
[[Page 8373]]
indicating a disposition, the aircraft operator must suspend the
individual's authority to perform a covered function not later than 45
days after obtaining the CHRC unless the aircraft operator determines,
after investigation, that the arrest did not result in a disqualifying
criminal offense. If there is no disposition, or if the disposition did
not result in a conviction or in a finding of not guilty by reason of
insanity of one of the offenses listed in paragraph (d) of this
section, the individual is not disqualified under this section.
(3) The aircraft operator may only make the determinations required
in paragraphs (g)(1) and (g)(2) of this section for individuals for
whom it is issuing, or has issued, authority to perform a covered
function; and individuals who are covered by a certification from an
aircraft operator under Sec. 1542.209(n) of this chapter. The aircraft
operator may not make determinations for individuals described in
Sec. 1542.209(a) of this chapter.
(h) Correction of FBI records and notification of disqualification.
(1) Before making a final decision to deny authority to an individual
described in paragraph (a)(1) or (3) of this section, the aircraft
operator must advise him or her that the FBI criminal record discloses
information that would disqualify him or her from receiving or
retaining authority to perform a covered function and provide the
individual with a copy of the FBI record if he or she requests it.
(2) The aircraft operator must notify an individual that a final
decision has been made to grant or deny authority to perform a covered
function.
(3) Immediately following the suspension of authority to perform a
covered function, the aircraft operator must advise the individual that
the FBI criminal record discloses information that disqualifies him or
her from retaining his or her authority, and provide the individual
with a copy of the FBI record if he or she requests it.
(i) Corrective action by the individual. The individual may contact
the local jurisdiction responsible for the information and the FBI to
complete or correct the information contained in his or her record,
subject to the following conditions--
(1) For an individual seeking unescorted access authority or
authority to perform screening functions on or after December 6, 2001;
or an individual seeking authority to perform checked baggage or cargo
functions on or after February 17, 2002; the following applies:
(i) Within 30 days after being advised that the criminal record
received from the FBI discloses a disqualifying criminal offense, the
individual must notify the aircraft operator in writing of his or her
intent to correct any information he or she believes to be inaccurate.
The aircraft operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record or a certified true copy of the
information from the appropriate court, prior to authority to perform a
covered function.
(ii) If no notification, as described in paragraph (h)(1) of this
section, is received within 30 days, the aircraft operator may make a
final determination to deny authority to perform a covered function.
(2) For an individual with unescorted access authority or authority
to perform screening functions before December 6, 2001; or an
individual with authority to perform checked baggage or cargo functions
before February 17, 2002; the following applies: Within 30 days after
being advised of suspension because the criminal record received from
the FBI discloses a disqualifying criminal offense, the individual must
notify the aircraft operator in writing of his or her intent to correct
any information he or she believes to be inaccurate. The aircraft
operator must obtain a copy, or accept a copy from the individual, of
the revised FBI record, or a certified true copy of the information
from the appropriate court, prior to reinstating authority to perform a
covered function.
(j) Limits on dissemination of results. Criminal record information
provided by the FBI may be used only to carry out this section and
Sec. 1542.209 of this chapter. No person may disseminate the results of
a CHRC to anyone other than:
(1) The individual to whom the record pertains, or that
individual's authorized representative.
(2) Officials of airport operators who are determining whether to
grant unescorted access to the individual under part 1542 of this
chapter when the determination is not based on the aircraft operator's
certification under Sec. 1542.209(n) of this chapter.
(3) Other aircraft operators who are determining whether to grant
authority to perform a covered function under this part.
(4) Others designated by TSA.
(k) Recordkeeping. The aircraft operator must maintain the
following information.
(1) Investigation conducted before December 6, 2001. The aircraft
operator must maintain and control the access or employment history
investigation files, including the criminal history records results
portion, for investigations conducted before December 6, 2001.
(2) Fingerprint application process on or after December 6, 2001.
The aircraft operator must physically maintain, control, and, as
appropriate, destroy the fingerprint application and the criminal
record. Only direct aircraft operator employees may carry out the
responsibility for maintaining, controlling, and destroying criminal
records.
(3) Protection of records--all investigations. The records required
by this section must be maintained in a manner that is acceptable to
TSA and in a manner that protects the confidentiality of the
individual.
(4) Duration--all investigations. The records identified in this
section with regard to an individual must be maintained until 180 days
after the termination of the individual's authority to perform a
covered function. When files are no longer maintained, the criminal
record must be destroyed.
(l) Continuing responsibilities. (1) Each individual with
unescorted access authority or the authority to perform screening
functions on December 6, 2001, who had a disqualifying criminal offense
in paragraph (d) of this section on or after December 6, 1991, must, by
January 7, 2002, report the conviction to the aircraft operator and
surrender the SIDA access medium to the issuer and cease performing
screening functions, as applicable.
(2) Each individual with authority to perform a covered function
who has a disqualifying criminal offense must report the offense to the
aircraft operator and surrender the SIDA access medium to the issuer
within 24 hours of the conviction or the finding of not guilty by
reason of insanity.
(3) If information becomes available to the aircraft operator
indicating that an individual with authority to perform a covered
function has a possible conviction for any disqualifying criminal
offense in paragraph (d) of this section, the aircraft operator must
determine the status of the conviction. If a disqualifying criminal
offense is confirmed the aircraft operator must immediately revoke any
authority to perform a covered function.
(4) Each individual with authority to perform checked baggage or
cargo functions on February 17, 2002, who had a disqualifying criminal
offense in paragraph (d) of this section on or after February 17, 1992,
must, by March 25 2002, report the conviction to the aircraft operator
and cease performing check baggage or cargo functions.
(m) Aircraft operator responsibility. The aircraft operator must--
[[Page 8374]]
(1) Designate an individual(s) to be responsible for maintaining
and controlling the employment history investigations for those whom
the aircraft operator has made a certification to an airport operator
under 14 CFR 107.209(n) in effect prior to November 14, 2001 (see 14
CFR Parts 60 to 139 revised as of January 1, 2001), and for those whom
the aircraft operator has issued identification media that are airport-
accepted. The aircraft operator must designate a direct employee to
maintain, control, and, as appropriate, destroy criminal records.
(2) Designate an individual(s) to maintain the employment history
investigations of individuals with authority to perform screening
functions whose files must be maintained at the location or station
where the screener is performing his or her duties.
(3) Designate an individual(s) at appropriate locations to serve as
the contact to receive notification from individuals seeking authority
to perform covered functions of their intent to seek correction of
their FBI criminal record.
(4) Audit the employment history investigations performed in
accordance with this section and 14 CFR 108.33 in effect prior to
November 14, 2001 (see 14 CFR Parts 60 to 139 revised as of January 1,
2001). The aircraft operator must set forth the audit procedures in its
security program.
Sec. 1544.231 Airport-approved and exclusive area personnel
identification systems.
(a) Each aircraft operator must establish and carry out a personnel
identification system for identification media that are airport-
approved, or identification media that are issued for use in an
exclusive area. The system must include the following:
(1) Personnel identification media that--
(i) Convey a full face image, full name, employer, and
identification number of the individual to whom the identification
medium is issued;
(ii) Indicate clearly the scope of the individual's access and
movement privileges;
(iii) Indicate clearly an expiration date; and
(iv) Are of sufficient size and appearance as to be readily
observable for challenge purposes.
(2) Procedures to ensure that each individual in the secured area
or SIDA continuously displays the identification medium issued to that
individual on the outermost garment above waist level, or is under
escort.
(3) Procedures to ensure accountability through the following:
(i) Retrieving expired identification media.
(ii) Reporting lost or stolen identification media.
(iii) Securing unissued identification media stock and supplies.
(iv) Auditing the system at a minimum of once a year, or sooner, as
necessary to ensure the integrity and accountability of all
identification media.
(v) As specified in the aircraft operator security program,
revalidate the identification system or reissue identification media if
a portion of all issued, unexpired identification media are lost,
stolen, or unretrieved, including identification media that are
combined with access media.
(vi) Ensure that only one identification medium is issued to an
individual at a time. A replacement identification medium may only be
issued if an individual declares in writing that the medium has been
lost or stolen.
(b) The aircraft operator may request approval of a temporary
identification media system that meets the standards in
Sec. 1542.211(b) of this chapter, or may arrange with the airport to
use temporary airport identification media in accordance with that
section.
(c) Each aircraft operator must submit a plan to carry out this
section to TSA no later than May 13, 2002. Each aircraft operator must
fully implement its plan no later than November 14, 2003.
Sec. 1544.233 Security coordinators and crewmembers, training.
(a) No aircraft operator may use any individual as a Ground
Security Coordinator unless, within the preceding 12-calendar months,
that individual has satisfactorily completed the security training as
specified in the aircraft operator's security program.
(b) No aircraft operator may use any individual as an in-flight
security coordinator or crewmember on any domestic or international
flight unless, within the preceding 12-calendar months or within the
time period specified in an Advanced Qualifications Program approved
under SFAR 58 in 14 CFR part 121, that individual has satisfactorily
completed the security training required by 14 CFR 121.417(b)(3)(v) or
135.331(b)(3)(v), and as specified in the aircraft operator's security
program.
(c) With respect to training conducted under this section, whenever
an individual completes recurrent training within one calendar month
earlier, or one calendar month after the date it was required, that
individual is considered to have completed the training in the calendar
month in which it was required.
Sec. 1544.235 Training and knowledge for individuals with security-
related duties.
(a) No aircraft operator may use any direct or contractor employee
to perform any security-related duties to meet the requirements of its
security program unless that individual has received training as
specified in its security program including their individual
responsibilities in Sec. 1540.105 of this chapter.
(b) Each aircraft operator must ensure that individuals performing
security-related duties for the aircraft operator have knowledge of the
provisions of this part, applicable Security Directives and Information
Circulars, the approved airport security program applicable to their
location, and the aircraft operator's security program to the extent
that such individuals need to know in order to perform their duties.
Subpart D--Threat and Threat Response
Sec. 1544.301 Contingency plan.
Each aircraft operator must adopt a contingency plan and must:
(a) Implement its contingency plan when directed by TSA.
(b) Ensure that all information contained in the plan is updated
annually and that appropriate persons are notified of any changes.
(c) Participate in an airport-sponsored exercise of the airport
contingency plan or its equivalent, as provided in its security
program.
Sec. 1544.303 Bomb or air piracy threats.
(a) Flight: Notification. Upon receipt of a specific and credible
threat to the security of a flight, the aircraft operator must--
(1) Immediately notify the ground and in-flight security
coordinators of the threat, any evaluation thereof, and any measures to
be applied; and
(2) Ensure that the in-flight security coordinator notifies all
crewmembers of the threat, any evaluation thereof, and any measures to
be applied; and
(3) Immediately notify the appropriate airport operator.
(b) Flight: Inspection. Upon receipt of a specific and credible
threat to the security of a flight, each aircraft operator must attempt
to determine whether or not any explosive or incendiary is present by
doing the following:
(1) Conduct a security inspection on the ground before the next
flight or, if the aircraft is in flight, immediately after its next
landing.
(2) If the aircraft is on the ground, immediately deplane all
passengers and submit that aircraft to a security search.
(3) If the aircraft is in flight, immediately advise the pilot in
[[Page 8375]]
command of all pertinent information available so that necessary
emergency action can be taken.
(c) Ground facility. Upon receipt of a specific and credible threat
to a specific ground facility at the airport, the aircraft operator
must:
(1) Immediately notify the appropriate airport operator.
(2) Inform all other aircraft operators and foreign air carriers at
the threatened facility.
(3) Conduct a security inspection.
(d) Notification. Upon receipt of any bomb threat against the
security of a flight or facility, or upon receiving information that an
act or suspected act of air piracy has been committed, the aircraft
operator also must notify TSA. If the aircraft is in airspace under
other than U.S. jurisdiction, the aircraft operator must also notify
the appropriate authorities of the State in whose territory the
aircraft is located and, if the aircraft is in flight, the appropriate
authorities of the State in whose territory the aircraft is to land.
Notification of the appropriate air traffic controlling authority is
sufficient action to meet this requirement.
Sec. 1544.305 Security Directives and Information Circulars.
(a) TSA may issue an Information Circular to notify aircraft
operators of security concerns. When TSA determines that additional
security measures are necessary to respond to a threat assessment or to
a specific threat against civil aviation, TSA issues a Security
Directive setting forth mandatory measures.
(b) Each aircraft operator required to have an approved aircraft
operator security program must comply with each Security Directive
issued to the aircraft operator by TSA, within the time prescribed in
the Security Directive for compliance.
(c) Each aircraft operator that receives a Security Directive
must--
(1) Within the time prescribed in the Security Directive, verbally
acknowledge receipt of the Security Directive to TSA.
(2) Within the time prescribed in the Security Directive, specify
the method by which the measures in the Security Directive have been
implemented (or will be implemented, if the Security Directive is not
yet effective).
(d) In the event that the aircraft operator is unable to implement
the measures in the Security Directive, the aircraft operator must
submit proposed alternative measures and the basis for submitting the
alternative measures to TSA for approval. The aircraft operator must
submit the proposed alternative measures within the time prescribed in
the Security Directive. The aircraft operator must implement any
alternative measures approved by TSA.
(e) Each aircraft operator that receives a Security Directive may
comment on the Security Directive by submitting data, views, or
arguments in writing to TSA. TSA may amend the Security Directive based
on comments received. Submission of a comment does not delay the
effective date of the Security Directive.
(f) Each aircraft operator that receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or Information Circular must:
(1) Restrict the availability of the Security Directive or
Information Circular, and information contained in either document, to
those persons with an operational need-to-know.
(2) Refuse to release the Security Directive or Information
Circular, and information contained in either document, to persons
other than those with an operational need-to-know without the prior
written consent of TSA.
Subpart E--Screener Qualifications When the Aircraft Operator
Performs Screening
Sec. 1544.401 Applicability of this subpart.
(a) Aircraft operator screening. This subpart applies when the
aircraft operator is conducting inspections as provided in
Sec. 1544.207(c).
(b) Current screeners. As used in this subpart, ``current
screener'' means each individual who first performed screening
functions before the date the aircraft operator must begin use of the
new screener training program provided by TSA. Until November 19, 2002,
each current screener must comply with Sec. 1544.403. Until November
19, 2002, each aircraft operator must apply Sec. 1544.403 for each
current screener. On and after November 19, 2002, each such current
screener must comply with Secs. 1544.405 through 1544.411, and each
aircraft operator must comply with Secs. 1544.405 through 1544.411 for
such individuals.
(c) New screeners. As used in this subpart, ``new screener'' means
each individual who first performs screening functions on and after the
date the aircraft operator must begin use of the new screener training
program provided by TSA. Each aircraft operator must apply
Secs. 1544.405 through 1544.411 for individuals who first perform
screening functions for new screeners.
Sec. 1544.403 Current screeners.
This section applies to current screeners. This section no longer
applies on and after November 19, 2002.
(a) No aircraft operator may use any person to perform any
screening function, unless that person has:
(1) A high school diploma, a General Equivalency Diploma, or a
combination of education and experience that the aircraft operator has
determined to have equipped the person to perform the duties of the
position.
(2) Basic aptitudes and physical abilities including color
perception, visual and aural acuity, physical coordination, and motor
skills to the following standards:
(i) Screeners operating X-ray equipment must be able to distinguish
on the X-ray monitor the appropriate imaging standard specified in the
aircraft operator's security program. Wherever the X-ray system
displays colors, the operator must be able to perceive each color;
(ii) Screeners operating any screening equipment must be able to
distinguish each color displayed on every type of screening equipment
and explain what each color signifies;
(iii) Screeners must be able to hear and respond to the spoken
voice and to audible alarms generated by screening equipment in an
active checkpoint environment;
(iv) Screeners performing physical searches or other related
operations must be able to efficiently and thoroughly manipulate and
handle such baggage, containers, and other objects subject to security
processing; and
(v) Screeners who perform pat-downs or hand-held metal detector
searches of persons must have sufficient dexterity and capability to
thoroughly conduct those procedures over a person's entire body.
(3) The ability to read, speak, and write English well enough to--
(i) Carry out written and oral instructions regarding the proper
performance of screening duties;
(ii) Read English language identification media, credentials,
airline tickets, and labels on items normally encountered in the
screening process;
(iii) Provide direction to and understand and answer questions from
English-speaking persons undergoing screening; and
(iv) Write incident reports and statements and log entries into
security records in the English language.
(4) Satisfactorily completed all initial, recurrent, and
appropriate specialized training required by the aircraft operator's
security program, except as
[[Page 8376]]
provided in paragraph (b) of this section.
(b) The aircraft operator may use a person who has not completed
the training required by paragraph (a)(4) of this section during the
on-the-job portion of training to perform security functions provided
that the person:
(1) Is closely supervised, and
(2) Does not make independent judgments as to whether persons or
property may enter a sterile area or aircraft without further
inspection.
(c) No aircraft operator must use a person to perform a screening
function after that person has failed an operational test related to
that function until that person has successfully completed the remedial
training specified in the aircraft operator's security program.
(d) Each aircraft operator must ensure that a Ground Security
Coordinator conducts and documents an annual evaluation of each
individual assigned screening duties and may continue that individual's
employment in a screening capacity only upon the determination by the
Ground Security Coordinator that the individual:
(1) Has not suffered a significant diminution of any physical
ability required to perform a screening function since the last
evaluation of those abilities;
(2) Has a satisfactory record of performance and attention to duty
based on the standards and requirements in its security program; and
(3) Demonstrates the current knowledge and skills necessary to
courteously, vigilantly, and effectively perform screening functions.
(e) Paragraphs (a) through (d) of this section do not apply to
those screening functions conducted outside the United States over
which the aircraft operator does not have operational control. In the
event the aircraft operator is unable to implement paragraphs (a)
through (d) of this section for screening functions outside the United
States, the aircraft operator must notify TSA of those aircraft
operator stations so affected.
(f) At locations outside the United States where the aircraft
operator has operational control over a screening function, the
aircraft operator may use screeners who do not meet the requirements of
paragraph (a)(3) of this section, provided that at least one
representative of the aircraft operator who has the ability to
functionally read and speak English is present while the aircraft
operator's passengers are undergoing security screening.
Sec. 1544.405 New screeners: Qualifications of screening personnel.
(a) No individual subject to this subpart may perform a screening
function unless that individual has the qualifications described in
Secs. 1544.405 through 1544.411. No aircraft operator may use such an
individual to perform a screening function unless that person complies
with the requirements of Secs. 1544.405 through 1544.411.
(b) A screener must have a satisfactory or better score on a
screener selection test administered by TSA.
(c) A screener must be a citizen of the United States.
(d) A screener must have a high school diploma, a General
Equivalency Diploma, or a combination of education and experience that
the TSA has determined to be sufficient for the individual to perform
the duties of the position.
(e) A screener must have basic aptitudes and physical abilities
including color perception, visual and aural acuity, physical
coordination, and motor skills to the following standards:
(1) Screeners operating screening equipment must be able to
distinguish on the screening equipment monitor the appropriate imaging
standard specified in the aircraft operator's security program.
(2) Screeners operating any screening equipment must be able to
distinguish each color displayed on every type of screening equipment
and explain what each color signifies.
(3) Screeners must be able to hear and respond to the spoken voice
and to audible alarms generated by screening equipment at an active
screening location.
(4) Screeners who perform physical searches or other related
operations must be able to efficiently and thoroughly manipulate and
handle such baggage, containers, cargo, and other objects subject to
screening.
(5) Screeners who perform pat-downs or hand-held metal detector
searches of individuals must have sufficient dexterity and capability
to thoroughly conduct those procedures over an individual's entire
body.
(f) A screener must have the ability to read, speak, and write
English well enough to--
(1) Carry out written and oral instructions regarding the proper
performance of screening duties;
(2) Read English language identification media, credentials,
airline tickets, documents, air waybills, invoices, and labels on items
normally encountered in the screening process;
(3) Provide direction to and understand and answer questions from
English-speaking individuals undergoing screening; and
(4) Write incident reports and statements and log entries into
security records in the English language.
(g) At locations outside the United States where the aircraft
operator has operational control over a screening function, the
aircraft operator may use screeners who do not meet the requirements of
paragraph (f) of this section, provided that at least one
representative of the aircraft operator who has the ability to
functionally read and speak English is present while the aircraft
operator's passengers are undergoing security screening. At such
locations the aircraft operator may use screeners who are not United
States citizens.
Sec. 1544.407 New screeners: Training, testing, and knowledge of
individuals who perform screening functions.
(a) Training required. Before performing screening functions, an
individual must have completed initial, recurrent, and appropriate
specialized training as specified in this section and the aircraft
operator's security program. No aircraft operator may use any screener,
screener in charge, or checkpoint security supervisor unless that
individual has satisfactorily completed the required training. This
paragraph does not prohibit the performance of screening functions
during on-the-job training as provided in Sec. 1544.409 (b).
(b) Use of training programs. Training for screeners must be
conducted under programs provided by TSA. Training programs for
screeners-in-charge and checkpoint security supervisors must be
conducted in accordance with the aircraft operator's security program.
(c) Classroom instruction. Each screener must complete at least 40
hours of classroom instruction or successfully complete a program that
TSA determines will train individuals to a level of proficiency
equivalent to the level that would be achieved by such classroom
instruction.
(d) Screener readiness test. Before beginning on-the-job training,
a screener trainee must pass the screener readiness test prescribed by
TSA.
(e) On-the-job training and testing. Each screener must complete at
least 60 hours of on-the-job training and must pass an on-the-job
training test prescribed by TSA. No aircraft operator may permit a
screener trainee to exercise independent judgment as a screener, until
the individual passes an on-the-job training test prescribed by TSA.
[[Page 8377]]
(f) Knowledge requirements. Each aircraft operator must ensure that
individuals performing as screeners, screeners-in-charge, and
checkpoint security supervisors for the aircraft operator have
knowledge of the provisions of this part, the aircraft operator's
security program, and applicable Security Directives and Information
Circulars to the extent necessary to perform their duties.
(g) Disclosure of sensitive security information during training.
The aircraft operator may not permit a trainee to have access to
sensitive security information during screener training unless a
criminal history records check has successfully been completed for that
individual in accordance with Sec. 1544.229, and the individual has no
disqualifying criminal offense.
Sec. 1544.409 New screeners: Integrity of screener tests.
(a) Cheating or other unauthorized conduct. (1) Except as
authorized by the TSA, no person may--
(i) Copy or intentionally remove a test under this part;
(ii) Give to another or receive from another any part or copy of
that test;
(iii) Give help on that test to or receive help on that test from
any person during the period that the test is being given; or
(iv) Use any material or aid during the period that the test is
being given.
(2) No person may take any part of that test on behalf of another
person.
(3) No person may cause, assist, or participate intentionally in
any act prohibited by this paragraph (a).
(b) Administering and monitoring screener tests. (1) Each aircraft
operator must notify TSA of the time and location at which it will
administer each screener readiness test required under
Sec. 1544.405(d).
(2) Either TSA or the aircraft operator must administer and monitor
the screener readiness test. Where more than one aircraft operator or
foreign air carrier uses a screening location, TSA may authorize an
employee of one or more of the aircraft operators or foreign air
carriers to monitor the test for a trainee who will screen at that
location.
(3) If TSA or a representative of TSA is not available to
administer and monitor a screener readiness test, the aircraft operator
must provide a direct employee to administer and monitor the screener
readiness test.
(4) An aircraft operator employee who administers and monitors a
screener readiness test must not be an instructor, screener, screener-
in-charge, checkpoint security supervisor, or other screening
supervisor. The employee must be familiar with the procedures for
administering and monitoring the test and must be capable of observing
whether the trainee or others are engaging in cheating or other
unauthorized conduct.
Sec. 1544.411 New screeners: Continuing qualifications for screening
personnel.
(a) Impairment. No individual may perform a screening function if
he or she shows evidence of impairment, such as impairment due to
illegal drugs, sleep deprivation, medication, or alcohol.
(b) Training not complete. An individual who has not completed the
training required by Sec. 1544.405 may be deployed during the on-the-
job portion of training to perform security functions provided that the
individual--
(1) Is closely supervised; and
(2) Does not make independent judgments as to whether individuals
or property may enter a sterile area or aircraft without further
inspection.
(c) Failure of operational test. No aircraft operator may use an
individual to perform a screening function after that individual has
failed an operational test related to that function, until that
individual has successfully completed the remedial training specified
in the aircraft operator's security program.
(d) Annual proficiency review. Each individual assigned screening
duties shall receive an annual evaluation. The aircraft operator must
ensure that a Ground Security Coordinator conducts and documents an
annual evaluation of each individual who performs screening functions.
An individual who performs screening functions may not continue to
perform such functions unless the evaluation demonstrates that the
individual--
(1) Continues to meet all qualifications and standards required to
perform a screening function;
(2) Has a satisfactory record of performance and attention to duty
based on the standards and requirements in the aircraft operator's
security program; and
(3) Demonstrates the current knowledge and skills necessary to
courteously, vigilantly, and effectively perform screening functions.
7. Add new part 1546 to Chapter XII, subchapter C.
PART 1546--FOREIGN AIR CARRIER SECURITY
Subpart A--General
Sec.
1546.1 Applicability of this part.
1546.3 TSA inspection authority.
Subpart B--Security Program
1546.101 Adoption and implementation.
1546.103 Form, content, and availability of security program.
1546.105 Acceptance of and amendments to the security program.
Subpart C--Operations
1546.201 Acceptance and screening of individuals and accessible
property.
1546.203 Acceptance and screening of checked baggage.
1546.205 Acceptance and screening of cargo.
1546.207 Screening of individuals and property.
1546.209 Use of X-ray systems.
1546.211 Law enforcement personnel.
Subpart D--Threat and Threat Response
1546.301 Bomb or air piracy threats.
Subpart E--Screener Qualifications When the Foreign Air Carrier
Conducts Screening
1546.401 Applicability of this subpart.
1546.403 Current screeners.
1546.405 New screeners: Qualifications of screening personnel.
1546.407 New screeners: Training, testing, and knowledge of
individuals who perform screening functions.
1546.409 New screeners: Integrity of screener tests.
1546.411 New screeners: Continuing qualifications for screening
personnel.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905-44907, 44914,
44916-44917, 44935-44936, 44942, 46105.
Subpart A--General
Sec. 1546.1 Applicability of this part.
This part prescribes aviation security rules governing the
following:
(a) The operation within the United States of each foreign air
carrier holding a permit issued by the Department of Transportation
under 49 U.S.C. 41302 or other appropriate authority issued by the
former Civil Aeronautics Board or the Department of Transportation.
(b) Each law enforcement officer flying armed aboard an aircraft
operated by a foreign air carrier described in paragraph (a) of this
section.
Sec. 1546.3 TSA inspection authority.
(a) Each foreign air carrier must allow TSA, at any time or place,
to make any inspections or tests, including copying records, to
determine compliance of an airport operator, aircraft operator, foreign
air carrier, indirect air carrier, or other airport tenants with--
(1) This subchapter and any security program under this subchapter,
and part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each foreign air carrier must provide
evidence of compliance with this subchapter and its security program,
including copies of records.
[[Page 8378]]
Subpart B--Security Program
Sec. 1546.101 Adoption and implementation.
Each foreign air carrier landing or taking off in the United States
must adopt and carry out a security program, for each scheduled and
public charter passenger operation, that meets the requirements of--
(a) Section 1546.103(b) for each operation with an airplane having
a passenger seating configuration of 61 or more seats;
(b) Section 1546.103(b) for each operation that will provide
deplaned passengers access to a sterile area, or enplane passengers
from a sterile area, when that access is not controlled by an aircraft
operator using a security program under part 1544 of this chapter or a
foreign air carrier using a security program under this part;
(c) Section 1546.103(b) for each operation with an airplane having
a passenger seating configuration of 31 or more seats but 60 or fewer
seats for which TSA has notified the foreign air carrier in writing
that a threat exists; and
(d) Section 1546.103(c) for each operation with an airplane having
a passenger seating configuration of 31 or more seats but 60 or fewer
seats, when TSA has not notified the foreign air carrier in writing
that a threat exists with respect to that operation.
Sec. 1546.103 Form, content, and availability of security program.
(a) General requirements. The security program must be:
(1) Acceptable to TSA. A foreign air carrier's security program is
acceptable only if TSA finds that the security program provides
passengers a level of protection similar to the level of protection
provided by U.S. air carriers serving the same airports. Foreign air
carriers must employ procedures equivalent to those required of U.S.
air carriers serving the same airport if TSA determines that such
procedures are necessary to provide passengers a similar level of
protection.
(2) In English unless TSA requests that the program be submitted in
the official language of the foreign air carrier's country.
(b) Content of security program. Each security program required by
Sec. 1546.101(a), (b), or (c) must be designed to--
(1) Prevent or deter the carriage aboard airplanes of any
unauthorized explosive, incendiary, or weapon on or about each
individual's person or accessible property, except as provided in
Sec. 1546.201(d), through screening by weapon-detecting procedures or
facilities;
(2) Prohibit unauthorized access to airplanes;
(3) Ensure that checked baggage is accepted by a responsible agent
of the foreign air carrier; and
(4) Prevent cargo and checked baggage from being loaded aboard its
airplanes unless handled in accordance with the foreign air carrier's
security procedures.
(c) Law enforcement support. Each security program required by
Sec. 1546.101(d) must include the procedures used to comply with the
applicable requirements of Sec. 1546.209 regarding law enforcement
officers.
(d) Availability. Each foreign air carrier required to adopt and
use a security program under this part must--
(1) Restrict the distribution, disclosure, and availability of
sensitive security information, as defined in part 1520 of this
chapter, to persons with a need to know; and
(2) Refer requests for sensitive security information by other
persons to TSA.
Sec. 1546.105 Acceptance of and amendments to the security program.
(a) Initial acceptance of security program. Unless otherwise
authorized by TSA, each foreign air carrier required to have a security
program by this part must submit its proposed program to TSA at least
90 days before the intended date of passenger operations. TSA will
notify the foreign air carrier of the security program's acceptability,
or the need to modify the proposed security program for it to be
acceptable under this part, within 30 days after receiving the proposed
security program. The foreign air carrier may petition TSA to
reconsider the notice to modify the security program within 30 days
after receiving a notice to modify.
(b) Amendment requested by a foreign air carrier. A foreign air
carrier may submit a request to TSA to amend its accepted security
program as follows:
(1) The proposed amendment must be filed with the designated
official at least 45 calendar days before the date it proposes for the
amendment to become effective, unless a shorter period is allowed by
the designated official.
(2) Within 30 calendar days after receiving a proposed amendment,
the designated official, in writing, either approves or denies the
request to amend.
(3) An amendment to a foreign air carrier security program may be
approved if the designated official determines that safety and the
public interest will allow it, and the proposed amendment provides the
level of security required under this part.
(4) Within 45 calendar days after receiving a denial, the foreign
air carrier may petition the Under Secretary to reconsider the denial.
A petition for reconsideration must be filed with the designated
official.
(5) Upon receipt of a petition for reconsideration, the designated
official either approves the request to amend or transmits the
petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 calendar days of receipt by either directing the
designated official to approve the amendment, or affirming the denial.
(6) Any foreign air carrier may submit a group proposal for an
amendment that is on behalf of it and other aircraft operators that co-
sign the proposal.
(c) Amendment by TSA. If the safety and the public interest require
an amendment, the designated official may amend an accepted security
program as follows:
(1) The designated official notifies the foreign air carrier, in
writing, of the proposed amendment, fixing a period of not less than 45
calendar days within which the foreign air carrier may submit written
information, views, and arguments on the amendment.
(2) After considering all relevant material, the designated
official notifies the foreign air carrier of any amendment adopted or
rescinds the notice. If the amendment is adopted, it becomes effective
not less than 30 calendar days after the foreign air carrier receives
the notice of amendment, unless the foreign air carrier petitions the
Under Secretary to reconsider no later than 15 calendar days before the
effective date of the amendment. The foreign air carrier must send the
petition for reconsideration to the designated official. A timely
petition for reconsideration stays the effective date of the amendment.
(3) Upon receipt of a petition for reconsideration, the designated
official either amends or withdraws the notice or transmits the
petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 calendar days of receipt by either directing the
designated official to withdraw or amend the amendment, or by affirming
the amendment.
(d) Emergency amendments. If the designated official finds that
there is an emergency requiring immediate action with respect to safety
in air transportation or in air commerce that makes procedures in this
section contrary to the public interest, the designated official may
issue an amendment, without the prior notice
[[Page 8379]]
and comment procedures in paragraph (c) of this section, effective
without stay on the date the foreign air carrier receives notice of it.
In such a case, the designated official will incorporate in the notice
a brief statement of the reasons and findings for the amendment to be
adopted. The foreign air carrier may file a petition for
reconsideration under paragraph (c) of this section; however, this does
not stay the effectiveness of the emergency amendment.
Subpart C--Operations
Sec. 1546.201 Acceptance and screening of individuals and accessible
property.
(a) Preventing or deterring the carriage of any explosive,
incendiary, or weapon. Unless otherwise authorized by TSA, each foreign
air carrier must use the measures in its security program to prevent or
deter the carriage of any explosive, incendiary, or weapon on or about
each individual's person or accessible property before boarding an
aircraft or entering a sterile area.
(b) Screening of individuals and accessible property. Except as
provided in its security program, each foreign air carrier must ensure
that each individual entering a sterile area at each preboard screening
checkpoint for which it is responsible, and all accessible property
under that individual's control, are inspected for weapons, explosives,
and incendiaries as provided in Sec. 1546.207.
(c) Refusal to transport. Each foreign air carrier conducting an
operation for which a security program is required by Sec. 1546.101(a),
(b), or (c) must refuse to transport--
(1) Any individual who does not consent to a search or inspection
of his or her person in accordance with the system prescribed in this
part; and
(2) Any property of any individual or other person who does not
consent to a search or inspection of that property in accordance with
the system prescribed by this part.
(d) Explosive, incendiary, weapon: Prohibitions and exceptions. No
individual may, while on board an aircraft being operated by a foreign
air carrier in the United States, carry on or about his person a deadly
or dangerous weapon, either concealed or unconcealed. This paragraph
(d) does not apply to--
(1) Officials or employees of the state of registry of the aircraft
who are authorized by that state to carry arms; and
(2) Crewmembers and other individuals authorized by the foreign air
carrier to carry arms.
Sec. 1546.203 Acceptance and screening of checked baggage.
(a) Preventing or deterring the carriage of any explosive or
incendiary. Each foreign air carrier must use the procedures,
facilities, and equipment described in its security program to prevent
or deter the carriage of any unauthorized explosive or incendiary
onboard aircraft in checked baggage.
(b) Refusal to transport. Each foreign air carrier must refuse to
transport any individual's checked baggage or property if the
individual does not consent to a search or inspection of that checked
baggage or property in accordance with the system prescribed by this
part.
(c) Firearms in checked baggage. No foreign air carrier may
knowingly permit any person to transport, nor may any person transport,
while aboard an aircraft being operated in the United States by that
carrier, in checked baggage, a firearm, unless:
(1) The person has notified the foreign air carrier before checking
the baggage that the firearm is in the baggage; and
(2) The baggage is carried in an area inaccessible to passengers.
Sec. 1546.205 Acceptance and screening of cargo.
(a) General requirements. Each foreign air carrier must use the
procedures, facilities and equipment described in its security program
to prevent or deter the carriage of unauthorized explosives or
incendiaries in cargo onboard a passenger aircraft.
(b) Refusal to transport. Each foreign air carrier must refuse to
transport any cargo if the shipper does not consent to a search or
inspection of that cargo in accordance with the system prescribed by
this part.
Sec. 1546.207 Screening of individuals and property.
(a) Applicability of this section. This section applies to the
inspection of individuals, accessible property, checked baggage, and
cargo as required under this part.
(b) Locations within the United States at which TSA conducts
screening. As required in its security program, each foreign air
carrier must ensure that all individuals or property have been
inspected by TSA before boarding or loading on its aircraft. This
paragraph applies when TSA is conducting screening using TSA employees
or when using companies under contract with TSA.
(c) Foreign air carrier conducting screening. Each foreign air
carrier must use the measures in its security program to inspect the
individual or property. This paragraph does not apply at locations
identified in paragraphs (b) of this section.
Sec. 1546.209 Use of X-ray systems.
(a) TSA authorization required. No foreign air carrier may use any
X-ray system within the United States to screen accessible property or
checked baggage, unless specifically authorized under its security
program. No foreign air carrier may use such a system in a manner
contrary to its security program. TSA authorizes foreign air carriers
to use X-ray systems for inspecting accessible property or checked
baggage under a security program if the foreign air carrier shows
that--
(1) The system meets the standards for cabinet X-ray systems
primarily for the inspection of baggage issued by the Food and Drug
Administration (FDA) and published in 21 CFR 1020.40;
(2) A program for initial and recurrent training of operators of
the system is established, which includes training in radiation safety,
the efficient use of X-ray systems, and the identification of weapons,
explosives, and incendiaries; and
(3) The system meets the imaging requirements set forth in its
security program using the step wedge specified in American Society for
Testing Materials (ASTM) Standard F792-88 (Reapproved 1993). This
standard is incorporated by reference in paragraph (g) of this section.
(b) Annual radiation survey. No foreign air carrier may use any X-
ray system unless, within the preceding 12 calendar months, a radiation
survey is conducted that shows that the system meets the applicable
performance standards in 21 CFR 1020.40.
(c) Radiation survey after installation or moving. No foreign air
carrier may use any X-ray system after the system has been installed at
a screening point or after the system has been moved unless a radiation
survey is conducted which shows that the system meets the applicable
performance standards in 21 CFR 1020.40. A radiation survey is not
required for an X-ray system that is designed and constructed as a
mobile unit and the foreign air carrier shows that it can be moved
without altering its performance.
(d) Defect notice or modification order. No foreign air carrier may
use any X-ray system that is not in full compliance with any defect
notice or modification order issued for that system by the FDA, unless
the FDA has advised TSA that the defect or failure to comply does not
create a significant risk of injury, including genetic injury, to any
person.
[[Page 8380]]
(e) Signs and inspection of photographic equipment and film. (1) At
locations at which a foreign air carrier uses an X-ray system to
inspect accessible property the foreign air carrier must ensure that a
sign is posted in a conspicuous place at the screening checkpoint.
(2) At locations at which a foreign air carrier or TSA uses an X-
ray system to inspect checked baggage the foreign air carrier must
ensure that a sign is posted in a conspicuous place where the foreign
air carrier accepts checked baggage.
(3) The signs required under this paragraph must notify individuals
that such items are being inspected by an X-ray and advise them to
remove all X-ray, scientific, and high-speed film from accessible
property and checked baggage before inspection. This sign must also
advise individuals that they may request that an inspection be made of
their photographic equipment and film packages without exposure to an
X-ray system. If the X-ray system exposes any accessible property or
checked baggage to more than one milliroentgen during the inspection,
the sign must advise individuals to remove film of all kinds from their
articles before inspection.
(4) If requested by individuals, their photographic equipment and
film packages must be inspected without exposure to an X-ray system.
(f) Radiation survey verification after installation or moving.
Each foreign air carrier must maintain at least one copy of the results
of the most recent radiation survey conducted under paragraph (b) or
(c) of this section and must make it available for inspection upon
request by TSA at each of the following locations--
(1) The foreign air carrier's principal business office; and
(2) The place where the X-ray system is in operation.
(g) Incorporation by reference. The American Society for Testing
and Materials (ASTM) Standard F792-88 (Reapproved 1993), ``Standard
Practice for Design and Use of Ionizing Radiation Equipment for the
Detection of Items Prohibited in Controlled Access Areas,'' is approved
for incorporation by reference by the Director of the Federal Register
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. ASTM Standard F792-88
may be examined at the Department of Transportation (DOT) Docket, 400
Seventh Street SW, Room Plaza 401, Washington, DC 20590, or on DOT's
Docket Management System (DMS) web page at http://dms.dot.gov/search
(under docket number FAA-2001-8725). Copies of the standard may be
examined also at the Office of the Federal Register, 800 North Capitol
St., NW, Suite 700, Washington, DC. In addition, ASTM Standard F792-88
(Reapproved 1993) may be obtained from the American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(h) Each foreign air carrier must comply with the X-ray operator
duty time limitations specified in its security program.
Sec. 1546.211 Law enforcement personnel.
(a) At airports within the United States not governed by part 1542
of this chapter, each foreign air carrier engaging in public charter
passenger operations must--
(1) When using a screening system required by Sec. 1546.101(a),
(b), or (c), provide for law enforcement officers meeting the
qualifications and standards, and in the number and manner, specified
in part 1542; and
(2) When using an airplane having a passenger seating configuration
of 31 or more but 60 or fewer seats for which a screening system is not
required by Sec. 1546.101(a), (b), or (c), arrange for law enforcement
officers meeting the qualifications and standards specified in part
1542 of this chapter to be available to respond to an incident and
provide to appropriate employees, including crewmembers, current
information with respect to procedures for obtaining law enforcement
assistance at that airport.
(b) At airports governed by part 1542 of this chapter, each foreign
air carrier engaging in scheduled passenger operations or public
charter passenger operations when using an airplane with a passenger
seating configuration of 31 or more and 60 or fewer seats under
Sec. 1546.101(c), must arrange for law enforcement personnel meeting
the qualifications and standards specified in part 1542 of this chapter
to be available to respond to an incident and provide to appropriate
employees, including crewmembers, current information with respect to
procedures for obtaining law enforcement assistance at that airport.
Subpart D--Threat and Threat Response
Sec. 1546.301 Bomb or air piracy threats.
No foreign air carrier may land or take off an airplane in the
United States, in passenger operations, after receiving a bomb or air
piracy threat against that airplane, unless the following actions are
taken:
(a) If the airplane is on the ground when a bomb threat is received
and the next scheduled flight of the threatened airplane is to or from
a place in the United States, the foreign air carrier ensures that the
pilot in command is advised to submit the airplane immediately for a
security inspection and an inspection of the airplane is conducted
before the next flight.
(b) If the airplane is in flight to a place in the United States
when a bomb threat is received, the foreign air carrier ensures that
the pilot in command is advised immediately to take the emergency
action necessary under the circumstances and a security inspection of
the airplane is conducted immediately after the next landing.
(c) If information is received of a bomb or air piracy threat
against an airplane engaged in an operation specified in paragraph (a)
or (b) of this section, the foreign air carrier ensures that
notification of the threat is given to the appropriate authorities of
the State in whose territory the airplane is located or, if in flight,
the appropriate authorities of the State in whose territory the
airplane is to land.
Subpart E--Screener Qualifications When the Foreign Air Carrier
Conducts Screening
Sec. 1546.401 Applicability of this subpart.
(a) Foreign air carrier screening. This subpart applies when the
foreign air carrier is conducting inspections as provided in
Sec. 1546.207(c).
(b) Current screeners. As used in this subpart, ``current
screener'' means each individual who first performed screening
functions before the date the foreign air carrier must begin use of the
new screener training program provided by TSA. Until November 19, 2002,
each current screener must comply with Sec. 1546.403. Until November
19, 2002, each foreign air carrier must apply Sec. 1546.403 for each
current screener. On and after November 19, 2002, each current screener
must comply with Secs. 1546.405 through 1546.411, and each foreign air
carrier must comply with Secs. 1546.405 through 1546.411 for such
individuals.
(c) New screeners. As used in this subpart, ``new screener'' means
each individual who first performs screening functions on and after TSA
orders the foreign air carrier to begin use of the new screener
training program provided by TSA. Each foreign air carrier must apply
Secs. 1546.405 through 1546.411 for new screeners.
Sec. 1546.403 Current screeners.
The foreign air carrier must ensure that each current screener it
uses to perform screening functions meet the qualifications and
training standards set forth in its security program. This
[[Page 8381]]
section is no longer effective on and after November 19, 2002.
Sec. 1546.405 New screeners: Qualifications of screening personnel.
(a) No individual subject to this subpart may perform a screening
function unless that individual has the qualifications described in
Secs. 1546.405 through 1546.411. No foreign air carrier may use such an
individual to perform a screening function unless that person complies
with the requirements of Secs. 1546.405 through 1546.411.
(b) A screener must have a satisfactory or better score on a
screener selection test administered by TSA.
(c) A screener must be a citizen of the United States.
(d) A screener must have a high school diploma, a General
Equivalency Diploma, or a combination of education and experience that
TSA has determined to be sufficient for the individual to perform the
duties of the position.
(e) A screener must have basic aptitudes and physical abilities
including color perception, visual and aural acuity, physical
coordination, and motor skills to the following standards:
(1) Screeners operating screening equipment must be able to
distinguish on the screening equipment monitor the appropriate imaging
standard specified in the foreign air carrier's security program.
(2) Screeners operating any screening equipment must be able to
distinguish each color displayed on every type of screening equipment
and explain what each color signifies.
(3) Screeners must be able to hear and respond to the spoken voice
and to audible alarms generated by screening equipment at an active
screening location.
(4) Screeners who perform physical searches or other related
operations must be able to efficiently and thoroughly manipulate and
handle such baggage, containers, cargo, and other objects subject to
screening.
(5) Screeners who perform pat-downs or hand-held metal detector
searches of individuals must have sufficient dexterity and capability
to thoroughly conduct those procedures over an individual's entire
body.
(f) A screener must have the ability to read, speak, and write
English well enough to--
(1) Carry out written and oral instructions regarding the proper
performance of screening duties;
(2) Read English language identification media, credentials,
airline tickets, documents, air waybills, invoices, and labels on items
normally encountered in the screening process;
(3) Provide direction to and understand and answer questions from
English-speaking individuals undergoing screening; and
(4) Write incident reports and statements and log entries into
security records in the English language.
(g) At locations outside the United States that are the last point
of departure to the United States, and where the foreign air carrier
has operational control over a screening function, the foreign air
carrier may use screeners who do not meet the requirements of paragraph
(f) of this section. At such locations the foreign air carrier may use
screeners who are not United States citizens.
Sec. 1546.407 New screeners: Training, testing, and knowledge of
individuals who perform screening functions.
(a) Training required. Before performing screening functions, an
individual must have completed initial, recurrent, and appropriate
specialized training as specified in this section and the foreign air
carrier's security program. No foreign air carrier may use any
screener, screener in charge, or checkpoint security supervisor unless
that individual has satisfactorily completed the required training.
This paragraph does not prohibit the performance of screening functions
during on-the-job training as provided in Sec. 1544.409(b).
(b) Use of training programs. Training for screeners must be
conducted under programs provided by TSA. Training programs for
screeners-in-charge and checkpoint security supervisors must be
conducted in accordance with the foreign air carrier's security
program.
(c) Classroom instruction. Each screener must complete at least 40
hours of classroom instruction or successfully complete a program that
TSA determines will train individuals to a level of proficiency
equivalent to the level that would be achieved by such classroom
instruction.
(d) Screener readiness test. Before beginning on-the-job training,
a screener trainee must pass the screener readiness test prescribed by
TSA.
(e) On-the-job training and testing. Each screener must complete at
least 60 hours of on-the-job training and must pass an on-the-job
training test prescribed by TSA. No foreign air carrier may permit a
screener trainee to exercise independent judgment as a screener, until
the individual passes an on-the-job training test prescribed by TSA.
(f) Knowledge requirements. Each foreign air carrier must ensure
that individuals performing as screeners, screeners-in-charge, and
checkpoint security supervisors for the foreign air carrier have
knowledge of the provisions of this part, the foreign air carrier's
security program, and applicable emergency amendments to the foreign
air carrier's security program to the extent necessary to perform their
duties.
Sec. 1546.409 New screeners: Integrity of screener tests.
(a) Cheating or other unauthorized conduct. (1) Except as
authorized by TSA, no person may--
(i) Copy or intentionally remove a test under this part;
(ii) Give to another or receive from another any part or copy of
that test;
(iii) Give help on that test to or receive help on that test from
any person during the period that the test is being given; or
(iv) Use any material or aid during the period that the test is
being given.
(2) No person may take any part of that test on behalf of another
person.
(3) No person may cause, assist, or participate intentionally in
any act prohibited by this paragraph (a).
(b) Administering and monitoring screener tests. (1) Each foreign
air carrier must notify TSA of the time and location at which it will
administer each screener readiness test required under Sec. 1544.405
(d).
(2) Either TSA or the foreign air carrier must administer and
monitor the screener readiness test. Where more than one foreign air
carrier or foreign air carrier uses a screening location, TSA may
authorize an employee of one or more of the foreign air carriers or
foreign air carriers to monitor the test for a trainee who will screen
at that location.
(3) If TSA or a representative of TSA is not available to
administer and monitor a screener readiness test, the foreign air
carrier must provide a direct employee to administer and monitor the
screener readiness test.
(4) An foreign air carrier employee who administers and monitors a
screener readiness test must not be an instructor, screener, screener-
in-charge, checkpoint security supervisor, or other screening
supervisor. The employee must be familiar with the procedures for
administering and monitoring the test and must be capable of observing
whether the trainee or others are engaging in cheating or other
unauthorized conduct.
Sec. 1546.411 New screeners: Continuing qualifications for screening
personnel.
(a) Impairment. No individual may perform a screening function if
he or she shows evidence of impairment, such as
[[Page 8382]]
impairment due to illegal drugs, sleep deprivation, medication, or
alcohol.
(b) Training not complete. An individual who has not completed the
training required by Sec. 1546.405 may be deployed during the on-the-
job portion of training to perform security functions provided that the
individual--
(1) Is closely supervised; and
(2) Does not make independent judgments as to whether individuals
or property may enter a sterile area or aircraft without further
inspection.
(c) Failure of operational test. No foreign air carrier may use an
individual to perform a screening function after that individual has
failed an operational test related to that function, until that
individual has successfully completed the remedial training specified
in the foreign air carrier's security program.
(d) Annual proficiency review. Each individual assigned screening
duties shall receive an annual evaluation. The foreign air carrier must
conduct and document an annual evaluation of each individual who
performs screening functions. An individual who performs screening
functions may not continue to perform such functions unless the
evaluation demonstrates that the individual--
(1) Continues to meet all qualifications and standards required to
perform a screening function;
(2) Has a satisfactory record of performance and attention to duty
based on the standards and requirements in the foreign air carrier's
security program; and
(3) Demonstrates the current knowledge and skills necessary to
courteously, vigilantly, and effectively perform screening functions.
8. Add new part 1548 to Chapter XII, subchapter C.
PART 1548--INDIRECT AIR CARRIER SECURITY
Sec.
1548.1 Applicability of this part.
1548.3 TSA inspection authority.
1548.5 Adoption and implementation of the security program.
1548.7 Approval and amendments of the security program.
1548.9 Acceptance of cargo.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44913-44914,
44916-44917, 44932, 44935-44936, 46105.
Sec. 1548.1 Applicability of this part.
This part prescribes aviation security rules governing each
indirect air carrier engaged indirectly in the air transportation of
property on passenger aircraft.
Sec. 1548.3 TSA inspection authority.
(a) Each indirect air carrier must allow TSA, at any time or place,
to make any inspections or tests, including copying records, to
determine compliance of an airport operator, aircraft operator, foreign
air carrier, indirect air carrier, or airport tenant with--
(1) This subchapter, and any security program approved under this
subchapter, and part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each indirect air carrier must provide
evidence of compliance with this subchapter and its indirect air
carrier security program, including copies of records.
Sec. 1548.5 Adoption and implementation of the security program.
(a) Security program required. Each indirect air carrier must adopt
and carry out a security program that meets the requirements of this
section.
(b) General requirements. The security program must:
(1) Provide for the safety of persons and property traveling in air
transportation against acts of criminal violence and air piracy and the
introduction of any unauthorized explosive or incendiary into cargo
aboard a passenger aircraft.
(2) Be in writing and signed by the indirect air carrier.
(3) Be approved by TSA.
(c) Content. Each security program under this part must--
(1) Be designed to prevent or deter the unauthorized introduction
of any explosive or incendiary device into any package cargo intended
for carriage by air;
(2) Include the procedures and description of the facilities and
equipment used to comply with the requirements of Sec. 1548.9 regarding
the acceptance of cargo.
(d) Availability. Each indirect air carrier having a security
program must:
(1) Maintain an original of the security program at its corporate
office.
(2) Have accessible a complete copy, or the pertinent portions of
its security program, or appropriate implementing instructions, at each
office where cargo is accepted. An electronic version is adequate.
(3) Make a copy of the security program available for inspection
upon the request of TSA.
(4) Restrict the distribution, disclosure, and availability of
information contained in its security program to persons with a need to
know, as described in part 1520 of this chapter.
(5) Refer requests for such information by other persons to TSA.
Sec. 1548.7 Approval and amendments of the security program.
(a) Initial approval of security program. Unless otherwise
authorized by TSA, each indirect air carrier required to have a
security program under this part must submit its proposed security
program to the designated official for approval at least 90 calendar
days before the date of intended operations. The proposed security
program must meet the requirements applicable to its operation as
described in Sec. 1540.5. Such request will be processed as follows:
(1) The designated official, within 30 calendar days after
receiving the proposed indirect air carrier security program, will
either approve the program or give the indirect air carrier written
notice to modify the program to comply with the applicable requirements
of this part.
(2) The indirect air carrier may either submit a modified security
program to the designated official for approval, or petition the Under
Secretary to reconsider the notice to modify within 30 calendar days of
receiving a notice to modify. A petition for reconsideration must be
filed with the designated official.
(3) The designated official, upon receipt of a petition for
reconsideration, either amends or withdraws the notice, or transmits
the petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 calendar days of receipt by either directing the
designated official to withdraw or amend the notice to modify, or by
affirming the notice to modify.
(b) Amendment requested by an indirect air carrier. An indirect air
carrier may submit a request to the designated official to amend its
security program as follows:
(1) The request for amendment must be filed with the designated
official at least 45 calendar days before the date it proposes for the
amendment to become effective, unless a shorter period is allowed by
the designated official.
(2) Within 30 calendar days after receiving a proposed amendment,
the designated official, in writing, either approves or denies the
request to amend.
(3) An amendment to an indirect air carrier security program may be
approved if the designated official determines that safety and the
public interest will allow it, and if the
[[Page 8383]]
proposed amendment provides the level of security required under this
part.
(4) Within 30 calendar days after receiving a denial, the indirect
air carrier may petition the Under Secretary to reconsider the denial.
A petition for reconsideration must be filed with the designated
official.
(5) Upon receipt of a petition for reconsideration, the designated
official either approves the request to amend or transmits the
petition, together with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary will dispose of the
petition within 30 calendar days of receipt by either directing the
designated official to approve the amendment or by affirming the
denial.
(c) Amendment by TSA. If safety and the public interest require an
amendment, the designated official may amend a security program as
follows:
(1) The designated official notifies the indirect air carrier, in
writing, of the proposed amendment, fixing a period of not less than 30
calendar days within which the indirect air carrier may submit written
information, views, and arguments on the amendment.
(2) After considering all relevant material, the designated
official notifies the indirect air carrier of any amendment adopted or
rescinds the notice. If the amendment is adopted, it becomes effective
not less than 30 calendar days after the indirect air carrier receives
the notice of amendment, unless the indirect air carrier petitions the
Under Secretary to reconsider no later than 15 calendar days before the
effective date of the amendment. The indirect air carrier must send the
petition for reconsideration to the designated official. A timely
petition for reconsideration stays the effective date of the amendment.
(3) Upon receipt of a petition for reconsideration, the designated
official either amends or withdraws the notice or transmits the
petition together, with any pertinent information, to the Under
Secretary for reconsideration. The Under Secretary disposes of the
petition within 30 calendar days of receipt by either directing the
designated official to withdraw or amend the notice or by affirming the
amendment.
(d) Emergency amendments. If the designated official finds that
there is an emergency requiring immediate action with respect to safety
in air transportation or in air commerce that makes procedures in this
section contrary to the public interest, the designated official may
issue an amendment, without the prior notice and comment procedures in
paragraph (c) of this section, effective without stay on the date that
the indirect air carrier receives notice of it. In such a case, the
designated official will incorporate in the notice a brief statement of
the reasons and findings for the amendment to be adopted. The indirect
air carrier may file a petition for reconsideration under paragraph (c)
of this section; however, this will not stay the effective date of the
emergency amendment.
Sec. 1548.9 Acceptance of cargo.
(a) Preventing or deterring the carriage of any explosive or
incendiary. Each indirect air carrier must use the facilities,
equipment, and procedures described in its security program to prevent
or deter the carriage of any unauthorized explosive or incendiary on
board a passenger aircraft in cargo.
(b) Refusal to transport. Each indirect air carrier must refuse to
offer for transport on a passenger aircraft any cargo if the shipper
does not consent to a search or inspection of that cargo in accordance
with this part, and part 1544 or 1546 of this chapter. The indirect air
carrier must search or inspect cargo, and must request the shipper for
consent to search or inspect cargo, as provided in the indirect air
carrier's security program.
9. Add new part 1550 to Chapter XII, subchapter C.
PART 1550--AIRCRAFT SECURITY UNDER GENERAL OPERATING AND FLIGHT
RULES
Sec.
1550.1 Applicability of this part.
1550.3 TSA inspection authority.
1550.5 Operations using a sterile area.
1550.7 Operations in aircraft of 12,500 pounds or more.
Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
Sec. 1550.1 Applicability of this part.
This part applies to the operation of aircraft for which there are
no security requirements in other parts of this subchapter.
Sec. 1550.3 TSA inspection authority.
(a) Each aircraft operator subject to this part must allow TSA, at
any time or place, to make any inspections or tests, including copying
records, to determine compliance with--
(1) This subchapter and any security program or security procedures
under this subchapter, and part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each aircraft operator must provide
evidence of compliance with this part and its security program or
security procedures, including copies of records.
Sec. 1550.5 Operations using a sterile area.
(a) Applicability of this section. This section applies to all
aircraft operations in which passengers, crewmembers, or other
individuals are enplaned from or deplaned into a sterile area, except
for scheduled passenger operations, public charter passenger
operations, and private charter passenger operations, that are in
accordance with a security program issued under part 1544 or 1546 of
this chapter.
(b) Procedures. Any person conducting an operation identified in
paragraph (a) of this section must conduct a search of the aircraft
before departure and must screen passengers, crewmembers, and other
individuals and their accessible property (carry-on items) before
boarding in accordance with security procedures approved by TSA.
(c) Sensitive security information. The security program procedures
approved by TSA for operations specified in paragraph (a) of this
section are sensitive security information. The operator must restrict
the distribution, disclosure, and availability of information contained
in the security procedures to persons with a need to know as described
in part 1520 of this chapter.
(d) Compliance date. Persons conducting operations identified in
paragraph (a) of this section must implement security procedures on
October 6, 2001.
(e) Waivers. TSA may permit a person conducting an operation under
this section to deviate from the provisions of this section if TSA
finds that the operation can be conducted safely under the terms of the
waiver.
Sec. 1550.7 Operations in aircraft of 12,500 pounds or more.
(a) Applicability of this section. This section applies to each
aircraft operation conducted in an aircraft with a maximum certificated
takeoff weight of 12,500 pounds or more except for those operations
specified in Sec. 1550.5 and those operations conducted under a
security program under part 1544 or 1546 of this chapter.
(b) Procedures. Any person conducting an operation identified in
paragraph (a) of this section must conduct a search of the aircraft
before departure and screen passengers, crewmembers, and other persons
and their accessible property (carry-on items) before boarding in
accordance with security procedures approved by TSA.
[[Page 8384]]
(c) Compliance date. Persons identified in paragraph (a) of this
section must implement security procedures when notified by TSA. TSA
will notify operators by NOTAM, letter, or other communication when
they must implement security procedures.
(d) Waivers. TSA may permit a person conducting an operation
identified in this section to deviate from the provisions of this
section if TSA finds that the operation can be conducted safely under
the terms of the waiver.
Issued in Washington, DC, on February 14, 2002.
John W. Magaw,
Under Secretary of Transportation for Security.
[FR Doc. 02-4081 Filed 2-15-02; 12:14 pm]
BILLING CODE 4910-62-P