49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 44916-44918, 44935-44936, 44942, 46105.
This subchapter and this part apply to persons engaged in aviation-related activities.
(a) Where the Administrator is named in this subchapter as exercising authority over a function, the authority is exercised by the Administrator or the Deputy Administrator, or any individual formally designated to act as the Administrator or the Deputy Administrator.
(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 Administrator to perform that function.
In addition to the terms in part 1500 of this chapter, the following terms are used in this subchapter:
(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
(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.
This subpart applies to individuals and other persons.
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.
(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.
(a) No individual may enter a sterile area or board an aircraft 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 or aircraft under this subchapter.
(b) An individual must provide his or her full name, as defined in § 1560.3 of this chapter, date of birth, and gender when—
(1) The individual, or a person on the individual's behalf, makes a reservation for a covered flight, as defined in § 1560.3 of this chapter, or
(2) The individual makes a request for authorization to enter a sterile area.
(c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis.
No person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties under this subchapter.
(a)
(1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter;
(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 §§ 1544.201, 1546.201, or 1562.23 of this chapter.
(b)
(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 §§ 1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter.
(3) An individual authorized to carry a weapon in a sterile area under a security program.
(c)
(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.
(3) Any unauthorized explosive or incendiary.
(d)
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.
(a)
(b)
(1) The date of personal delivery in the case of personal service;
(2) The mailing date shown on the certificate of service;
(3) The date shown on the postmark if there is no certificate of service; or
(4) Another mailing date shown by other evidence if there is no certificate of service or postmark.
(c)
(1) A threat to transportation or national security;
(2) A threat of air piracy or terrorism;
(3) A threat to airline or passenger security; or
(4) A threat to civil aviation security.
(d)
(e)
(i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and
(ii) A statement that the Assistant Administrator has determined that the individual poses a security threat.
(2)
(3)
(4)
(5)
(f)
(2)
(3)
(g)
(a) Applicability. This section applies when TSA has determined that an individual who is not a citizen of the United States and who holds, or is applying for, an airman certificate, rating, or authorization issued by the FAA Administrator, poses a security threat.
(b)
(1) The date of personal delivery in the case of personal service;
(2) The mailing date shown on the certificate of service;
(3) The date shown on the postmark if there is no certificate of service; or
(4) Another mailing date shown by other evidence if there is no certificate of service or postmark.
(c)
(1) A threat to transportation or national security;
(2) A threat of air piracy or terrorism;
(3) A threat to airline or passenger security; or
(4) A threat to civil aviation security.
(d)
(e)
(i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and
(ii) A statement that the Assistant Administrator has determined that the individual poses a security threat.
(2)
(3)
(4)
(5)
(f)
(2)
(3)
(g)
(a) This subpart includes the procedures that certain aircraft operators, foreign air carriers, indirect air carriers, and certified cargo screening facilities must use to have security threat assessments performed on certain individuals pursuant to 49 CFR 1544.228, 1546.213, 1548.7, 1548.15, 1548.16 and 1549.111. This subpart applies to the following:
(1) Each aircraft operator operating under a full program or full all-cargo program described in 49 CFR 1544.101(a) or (h).
(2) Each foreign air carrier operating under a program described in 49 CFR 1546.101(a), (b), or (e).
(3) Each indirect air carrier operating under a security program described in 49 CFR part 1548.
(4) Each applicant applying for unescorted access to cargo under one of the programs described in (a)(1) through (a)(3) of this section.
(5) Each proprietor, general partner, officer, director, or owner of an indirect air carrier as described in 49 CFR 1548.16.
(6) Each certified cargo screening facility described in 49 CFR part 1549.
(7) Each individual a certified cargo screening facility authorizes to perform screening or supervise screening.
(8) Each individual the certified cargo screening facility authorizes to have unescorted access to cargo at any time from the time it is screened until the time it is tendered to an indirect air carrier under 49 CFR part 1548, an aircraft operator under part 1544, or a foreign air carrier under part 1546.
(9) The senior manager or representative of its facility in control of the operations of a certified cargo screening facility under 49 CFR part 1549.
(b) For purposes of this subpart—
(c) An applicant poses a security threat under this subpart when TSA determines that he or she is known to pose or is suspected of posing a threat—
(1) To national security;
(2) To transportation security; or
(3) Of terrorism.
(a) Each operator subject to this subpart must ensure that each of the following undergoes a security threat assessment or a comparable security threat assessment described in § 1540.205:
(1) Cargo personnel in the United States, as described in § 1544.228.
(2) Cargo personnel in the United States, as described in § 1546.213.
(3) Individuals with unescorted access to cargo, as described in § 1548.15.
(4) Proprietors, general partners, officers, directors, and owners of an indirect air carrier, as described in § 1548.16.
(5) Personnel of certified cargo screening facilities, as described in § 1549.111.
(b) Each operator must verify the identity and work authorization of each applicant and examine the document(s) presented by the applicant to prove identity and work authorization to determine whether they appear to be genuine and relate to the applicant presenting them.
(c) Each operator must submit to TSA a security threat assessment application for each applicant that is dated and signed by the applicant and that includes the following:
(1) Legal name, including first, middle, and last; any applicable suffix; and any other names used previously.
(2) Current mailing address, including residential address if it differs from the current mailing address; all other residential addresses for the previous five years; and e-mail address if the applicant has an e-mail address.
(3) Date and place of birth.
(4) Social security number (submission is voluntary, although failure to
(5) Gender.
(6) Country of citizenship.
(7) If the applicant is a U.S. citizen born abroad or a naturalized U.S. citizen, their U.S. passport number; or the 10-digit document number from the applicant's Certificate of Birth Abroad, Form DS-1350.
(8) If the applicant is not a U.S. citizen, the applicant's Alien Registration Number.
(9) The applicant's daytime telephone number.
(10) The applicant's current employer(s), and the address and telephone number of the employer(s).
(11) A Privacy Notice as required in the security program and the following statement:
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, or an omission of a material fact, on this application can be punished by fine or imprisonment or both (
I acknowledge that if I do not successfully complete the security threat assessment, the Transportation Security Administration may notify my employer. If TSA or other law enforcement agency becomes aware that I may pose an imminent threat to an operator or facility, TSA may provide limited information necessary to reduce the risk of injury or damage to the operator or facility.
(d) Each operator must retain the following for 180 days following the end of the applicant's service to the operator:
(1) The applicant's signed security threat assessment application.
(2) Copies of the applicant's document(s) used to verify identity and work authorization.
(3) Any notifications or documents sent to or received from TSA relating to the applicant's application and security threat assessment.
(4) As applicable, a copy of the applicant's credential evidencing completion of a threat assessment deemed comparable under paragraph (f) of this section.
(e) Records under this section may include electronic documents with electronic signature or other means of personal authentication, where accepted by TSA.
(f) TSA may determine that a security threat assessment conducted by another governmental agency is comparable to a security threat assessment conducted under this subpart. Individuals who have successfully completed a comparable security threat assessment are not required to undergo the security threat assessments described in this subpart. If TSA makes a comparability determination under this section, TSA will so notify the public. In making a comparability determination, TSA will consider—
(i) The minimum standards used for the security threat assessment;
(ii) The frequency of the security threat assessment;
(iii) The date of the most recent threat assessment; and
(iv) Other factors TSA deems appropriate.
(g) To apply for a comparability determination, the agency seeking the determination must contact the Assistant Program Manager, Attn: Federal Agency Comparability Check, Hazmat Threat Assessment Program, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6019.
(h) TSA has determined that each of the following are comparable to the security threat assessment required in this subpart:
(1) A CHRC conducted in accordance with §§ 1542.209, 1544.229, or 1544.230 that includes a name-based check conducted by TSA.
(2) A security threat assessment conducted under 49 CFR part 1572 for the Transportation Worker Identification Credential or Hazardous Materials Endorsement programs.
(3) A security threat assessment conducted for the Free and Secure Trade (FAST) program administered by U.S. Customs and Border Protection.
(i) If asserting completion of a comparable threat assessment listed in paragraph (h) of this section, an individual must—
(1) Present the credential that corresponds to successful completion of
(2) Notify the operator when the credential that corresponds to successful completion of the comparable assessment expires or is revoked for any reason.
(j) A security threat assessment conducted under this subpart remains valid for five years from the date that TSA issues a Determination of No Security Threat or a Final Determination of Threat Assessment, except—
(1) If the applicant is no longer authorized to be in the United States, the security threat assessment and the privileges it conveys expire on the date lawful presence expires; or
(2) If the applicant asserts completion of a comparable threat assessment, it expires five years from the date of issuance of the credential that corresponds to the comparable assessment, or the date on which the credential is revoked for any reason.
(a)
(b)
(1) Reviews the applicant information required in 49 CFR 1540.203.
(2) Searches domestic and international government databases to determine if an applicant meets the requirements of 49 CFR 1540.201(c) or to confirm an applicant's identity.
(3) Adjudicates the results in accordance with 49 CFR 1540.201(c).
(c)
(d)
(1) TSA serves a Determination of No Security Threat on the applicant and operator if TSA determines that the applicant meets the security threat assessment standards in 49 CFR 1540.201(c).
(2) TSA serves an Initial Determination of Threat Assessment on the applicant, if TSA determines that the applicant does not meet the security threat assessment standards in 49 CFR 1540.201(c). The Initial Determination of Threat Assessment includes—
(i) A statement that TSA has determined that the applicant is suspected of posing or poses a security threat;
(ii) The basis for the determination;
(iii) Information about how the applicant may appeal the determination, as described in 49 CFR 1515.9; and
(iv) A statement that if the applicant chooses not to appeal TSA's determination within 60 days of receipt of the Initial Determination, or does not request an extension of time within 60 days of the Initial Determination of Threat Assessment in order to file an appeal, the Initial Determination becomes a Final Determination of Security Threat Assessment.
(3) TSA serves an Initial Determination of Threat Assessment and Immediate Revocation on the applicant and the applicant's operator or other operator as approved by TSA, where appropriate, if TSA determines that the applicant does not meet the security threat assessment standards in 49 CFR 1540.201(c) and may pose an imminent threat to transportation or national security, or of terrorism. The Initial Determination of Threat Assessment and Immediate Revocation includes—
(i) A statement that TSA has determined that the applicant is suspected of posing or poses an imminent security threat;
(ii) The basis for the determination;
(iii) Information about how the applicant may appeal the determination, as described in 49 CFR 1515.5(h) or 1515.9(h), as applicable; and
(iv) A statement that if the applicant chooses not to appeal TSA's determination within 60 days of receipt of the
(4) If the applicant does not appeal the Initial Determination of Threat Assessment or Initial Determination of Threat Assessment and Immediate Revocation, or if TSA does not grant the appeal, TSA serves a Final Determination of Threat Assessment on the individual and the applicant.
(5) If the applicant appeals an Initial Determination of Threat Assessment, the procedures in 49 CFR 1515.5 or 1515.9 apply.
This section describes the payment process for completion of the security threat assessments required under this subpart.
(a)
(2) TSA will publish fee amounts and any revisions to the fee amounts as a notice in the
(b) [Reserved]
(c)
(2) Fees remitted to TSA under this subpart must be payable to the “Transportation Security Administration” in U.S. currency and drawn on a U.S. bank.
(3) TSA will not issue any fee refunds, unless a fee was paid in error.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(c)
(1)
(2)
(i) The date of personal delivery;
(ii) If served by certified mail, the mailing date shown on the certificate of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by other evidence if there is no certificate of service or postmark; or
(iii) If served by express courier, the service date shown on the certificate of service, or by other evidence if there is no certificate of service.
(d)
49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 44913-44914, 44916-44917, 44935-44936, 44942, 46105.
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.
(d) Each airport operator that does not have a security program under this part that serves an aircraft operator operating under a security program under part 1544 of this chapter, or a foreign air carrier operating under a security program under part 1546 of this chapter. Such airport operators must comply with § 1542.5(e).
(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 § 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
(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.
(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.
(e) TSA may enter and be present at an airport that does not have a security program under this part, without access media or identification media issued or approved by an airport operator or aircraft operator, to inspect an aircraft operator operating under a security program under part 1544 of this chapter, or a foreign air carrier operating under a security program under part 1546 of this chapter.
(a) No person may operate an airport subject to § 1542.103 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 § 1542.103;
(4) Includes an index organized in the same subject area sequence as § 1542.103; and
(5) Has been approved by TSA.
(b) Each airport operator subject to § 1542.103 must maintain one current and complete copy of its security program and provide a copy to TSA upon request.
(c) Each airport operator subject to § 1542.103 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
(2) Refer all requests for SSI by other persons to TSA.
(a)
(1) The name, means of contact, duties, and training requirements of the ASC required under § 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 § 1542.201(b)(1);
(iv) Procedures to control movement within the secured area, including identification media required under § 1542.201(b)(3); and
(v) A description of the notification signs required under § 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 § 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 § 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 § 1542.207.
(7) Procedures used to comply with § 1542.209 regarding fingerprint-based criminal history records checks.
(8) A description of the personnel identification systems as described in § 1542.211.
(9) Escort procedures in accordance with § 1542.211(e).
(10) Challenge procedures in accordance with § 1542.211(d).
(11) Training programs required under §§ 1542.213 and 1542.217(c)(2), if applicable.
(12) A description of law enforcement support used to comply with § 1542.215(a).
(13) A system for maintaining the records described in § 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 § 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 § 1542.305.
(18) Incident management procedures used to comply with § 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 § 1542.111.
(21) Each airport tenant security program as specified in § 1542.113.
(b)
(1) Name, means of contact, duties, and training requirements of the ASC, as required under § 1542.3.
(2) A description of the law enforcement support used to comply with § 1542.215(a).
(3) Training program for law enforcement personnel required under § 1542.217(c)(2), if applicable.
(4) A system for maintaining the records described in § 1542.221.
(5) The contingency plan required under § 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 § 1542.305.
(8) Incident management procedures used to comply with § 1542.307.
(c)
(1) Name, means of contact, duties, and training requirements of the ASC as required under § 1542.3.
(2) A description of the law enforcement support used to comply with § 1542.215(b).
(3) Training program for law enforcement personnel required under § 1542.217(c)(2), if applicable.
(4) A system for maintaining the records described in § 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 § 1542.305.
(7) Incident management procedures used to comply with § 1542.307.
(d)
(a)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(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 Administrator 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
(c)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(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 § 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
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.
(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 § 1542.201, § 1542.203, or § 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 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 § 1542.201, § 1542.203, or § 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 § 1542.103(a).
(c) Any exclusive area agreements in effect on November 14, 2001, must meet the requirements of this section and § 1544.227 no later than November 14, 2002.
(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 §§ 1542.201, 1542.203, and 1542.205.
(2) The tenant may not assume responsibility for law enforcement support under § 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
(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 § 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 § 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 § 1542.105.
(a) Each airport operator required to have a security program under § 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 § 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 § 1542.211.
(4) Subject each individual to employment history verification as described in § 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 § 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.
(a) Each airport operator required to have a security program under § 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 § 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 § 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
(a) Each airport operator required to have a complete program under § 1542.103(a) must establish at least one SIDA, as follows:
(1) Each secured area must be a SIDA.
(2) Each part of the air operations area that is regularly used to load cargo on, or unload cargo from, an aircraft that is operated under a full program or a full all-cargo program as provided in § 1544.101(a) or (h) of this chapter, or a foreign air carrier under a security program as provided in § 1546.101(a), (b), or (e), must be a SIDA.
(3) Each area on an airport where cargo is present after an aircraft operator operating under a full program or a full all-cargo program under § 1544.101(a) or (h) of this chapter, or a foreign air carrier operating under a security program under § 1546.101(a), (b), or (e) of this chapter, or an indirect air carrier, accepts it must be a SIDA. This includes areas such as: Cargo facilities; loading and unloading vehicle docks; and areas where an aircraft operator, foreign air carrier, or indirect air carrier sorts, stores, stages, consolidates, processes, screens, or transfers cargo.
(4) Other areas of the airport may be SIDAs.
(b) Each airport operator required to establish a SIDA must establish and 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 § 1542.211.
(2) Subject each individual to a criminal history records check as described in § 1542.209 before authorizing unescorted access to the SIDA.
(3) Train each individual before granting unescorted access to the SIDA, as required in § 1542.213(b).
(c) An airport operator that is not required to have a complete program under § 1542.103(a) is not required to establish a SIDA under this section.
(a)
(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)
(c)
(d)
(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 § 1542.211(b).
(a)
(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 § 1544.229 of this chapter making a certification under this section.
(b)
(c)
(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)
(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)
(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)
(g)
(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 § 1544.229 of this chapter.
(h)
(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)
(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)
(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)
(1)
(2)
(3)
(4)
(5)
(l)
(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)
(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)
(o)
(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)
(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.
(a)
(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 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.
(b)
(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 § 1542.207(d).
(c)
(d)
(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)
(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 § 1544.201 of this chapter remain under escort until they exit the sterile area, or submit to screening pursuant to § 1544.201 or § 1546.201 of this chapter.
(f)
(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 § 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 § 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 § 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 § 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 § 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.
(a) In accordance with § 1542.217, each airport operator required to have a security program under § 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 § 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.
(a) Each airport operator must ensure that law enforcement personnel used to meet the requirements of § 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 § 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.
(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 § 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 § 1542.215.
(4) The availability of law enforcement personnel who meet the requirements of § 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.
(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.
(a) Each airport operator required to have a security program under § 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.
(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.
(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.
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
(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 § 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.
49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 44913-44914, 44916-44918, 44932, 44935-44936, 44942, 46105.
(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; the operations of aircraft operators holding operating certificates under 14 CFR part 119 operating aircraft with a maximum certificated takeoff weight of 12,500 pounds or more; and other aircraft operators 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 § 1544.101.
(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, AOAs, SIDAs, and other areas where security measures required by TSA are carried out, 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.
(a)
(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)
(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)
(1) The requirements of §§ 1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301, 1544.303, and 1544.305.
(2) Other provisions of subparts C, D, and E of this part that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(d)
(1) Is an aircraft with a maximum certificated takeoff weight of more than 12,500 pounds;
(2) Is in scheduled or charter service;
(3) Is carrying passengers or cargo or both; and
(4) Is not under a full program, partial program, or full all-cargo program under paragraph (a), (b), or (h) of this section.
(e)
(1) The requirements of §§ 1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301(a) and (b), 1544.303, and 1544.305; and in addition, for all-cargo operations of §§ 1544.202, 1544.205(a), (b), (d), and (f).
(2) Other provisions of subparts C, D, and E that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(f)
(1) Must adopt and carry out a security program that meets the applicable requirements of § 1544.103 for each private charter passenger operation in which—
(i) The passengers are enplaned from or deplaned into a sterile area; or
(ii) The aircraft has a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or more, and is not a government charter under paragraph (2) of the definition of private charter in § 1540.5 of this chapter.
(2) The Administrator may authorize alternate procedures under paragraph (f)(1) of this section as appropriate.
(g)
(1) Carry out selected provisions of subparts C, D, and E;
(2) Carry out the provisions of § 1544.305, as specified in its security program; and
(3) Adopt and carry out a security program that meets the applicable requirements of § 1544.103 (c).
(h)
(1) In an aircraft with a maximum certificated takeoff weight of more than 45,500 kg (100,309.3 pounds); and
(2) Carrying cargo and authorized persons and no passengers.
(i)
(1) The requirements of §§ 1544.202, 1544.205, 1544.207, 1544.209, 1544.211, 1544.215, 1544.217, 1544.219, 1544.225, 1544.227, 1544.228, 1544.229, 1544.230,
(2) Other provisions of subpart C of this part that TSA has approved upon request.
(3) The remaining requirements of subpart C of this part when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(a)
(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)
(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)
(1) The procedures and description of the facilities and equipment used to comply with the requirements of § 1544.201 regarding the acceptance and screening of individuals and their accessible property, including, if applicable, the carriage weapons as part of State-required emergency equipment.
(2) The procedures and description of the facilities and equipment used to comply with the requirements of § 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 § 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 § 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 § 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 § 1544.211 regarding the use of x-ray systems.
(7) The procedures and description of the facilities and equipment used to comply with the requirements of § 1544.213 regarding the use of explosives detection systems.
(8) The procedures used to comply with the requirements of § 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 § 1544.215.
(9) The procedures used to comply with the requirements of § 1544.217 regarding the requirements for law enforcement personnel.
(10) The procedures used to comply with the requirements of § 1544.219 regarding carriage of accessible weapons.
(11) The procedures used to comply with the requirements of § 1544.221 regarding carriage of prisoners under the control of armed law enforcement officers.
(12) The procedures used to comply with the requirements of § 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 § 1544.225.
(14) The specific locations where the air carrier has entered into an exclusive area agreement under § 1544.227.
(15) The procedures used to comply with the applicable requirements of §§ 1544.229 and 1544.230 regarding fingerprint-based criminal history records checks.
(16) The procedures used to comply with the requirements of § 1544.231 regarding personnel identification systems.
(17) The procedures and syllabi used to accomplish the training required under § 1544.233.
(18) The procedures and syllabi used to accomplish the training required under § 1544.235.
(19) An aviation security contingency plan as specified under § 1544.301.
(20) The procedures used to comply with the requirements of § 1544.303 regarding bomb and air piracy threats.
(21) The procedures used to comply with § 1544.237 regarding flight deck privileges.
(22) The Aircraft Operator Implementation Plan (AOIP) as required under 49 CFR 1560.109.
(a)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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
(c)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(a)
(b)
(c)
(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)
(e)
Each aircraft operator operating under a full all-cargo program, or a twelve-five program in an all-cargo operation, must apply the security measures in its security program for persons who board the aircraft for transportation, and for their property, to prevent or deter the carriage of any unauthorized persons, and any unauthorized weapons, explosives, incendiaries, and other destructive devices, items, or substances.
(a)
(b)
(c)
(d)
(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)
(f)
(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)
(a)
(b)
(c)
(1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item in cargo onboard an aircraft.
(2) Prevents unescorted access by persons other than an authorized aircraft operator employee or agent, or persons authorized by the airport operator or host government.
(d)
(e)
(f)
(g)
(1)
(ii) Not later than August 3, 2010, each operator under a full program must ensure that 100 percent of its cargo is screened prior to transport on a passenger aircraft.
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(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.
(a)
(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)
(c)
(d)
(e)
(2) At locations at which an aircraft operator or TSA uses an X-ray system to inspect checked baggage the aircraft
(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)
(1) The aircraft operator's principal business office; and
(2) The place where the X-ray system is in operation.
(g)
(h)
(a)
(b)
(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
(a)
(b)
(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)
(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 § 1544.101(a) each aircraft operator must provide for law enforcement personnel meeting the qualifications and standards specified in §§ 1542.215 and 1542.217 of this chapter.
(2) For operations under a partial program under § 1544.101(b) and (c), a twelve-five program under § 1544.101(d) and (e), a private charter program under § 1544.101(f), or a full all-cargo program under § 1544.101(h) and (i), each aircraft operator must—
(i) Arrange for law enforcement personnel meeting the qualifications and standards specified in § 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 under a partial program under § 1544.101(b) and (c), a twelve-five program under § 1544.101(d) and (e), a private charter program under § 1544.101(f), or a full all-cargo program under § 1544.101(h) and (i), 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 § 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.
(a)
(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 § 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 crew of each additional connecting
(b)
(c)
(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)
(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.
(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 § 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.
(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 be used or accepted as the sole means of identification.
(f) The requirements of § 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.
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
(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.
(d) When operating under a full program or a full all-cargo program, prevent unauthorized access to the operational area of the aircraft while loading or unloading cargo.
(a) An aircraft operator that has entered into an exclusive area agreement with an airport operator, under § 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 § 1542.111 of this chapter no later than November 14, 2002.
This section applies in the United States to each aircraft operator operating under a full program under § 1544.101(a) or a full all-cargo program under § 1544.101(h).
(a) Before an aircraft operator authorizes and before an individual performs a function described in paragraph (b) of this section—
(1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540 subpart C of this chapter; and
(2) Each aircraft operator must complete the requirements in part 1540 subpart C.
(b) The security threat assessment required in paragraph (a) of this section applies to the following:
(1) Each individual who has unescorted access to cargo and access to information that such cargo will be transported on a passenger aircraft; or who has unescorted access to cargo that has been screened for transport on a passenger aircraft; or who performs certain functions related to the transportation, dispatch, or security of cargo for transport on a passenger aircraft or all-cargo aircraft, as specified in the aircraft operator's security program; from the time—
(i) The cargo reaches a location where an aircraft operator with a full all-cargo program consolidates or inspects it pursuant to security program requirements until the cargo enters an airport Security Identification Display Area or is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier; or
(ii) An aircraft operator with a full program accepts the cargo until the cargo—
(A) Enters an airport Security Identification Display Area;
(B) Is removed from the destination airport; or
(C) Is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier.
(2) Each individual the aircraft operator authorizes to screen cargo or to supervise the screening of cargo under § 1544.205.
This section applies to each aircraft operator operating under a full program, a private charter program, or a full all-cargo program.
(a)
(1)
(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 § 1542.205 of this chapter (referred to as “unescorted access authority”).
(iii) Each individual 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 paragraphs (a)(1)(iii)(A) or (a)(1)(iii)(C) of this section.
(C) Screening cargo that will be carried on an aircraft of an aircraft operator with a full all-cargo program.
(2)
(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 § 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)
(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)
(b)
(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)
(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 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)
(3)
(d)
(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)
(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)
(g)
(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 indicating a disposition, the aircraft operator must suspend the individual's
(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 § 1542.209(n) of this chapter. The aircraft operator may not make determinations for individuals described in § 1542.209(a) of this chapter.
(h)
(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)
(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)
(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 § 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)
(1)
(2)
(3)
(4)
(l)
(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)
(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
(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.
(a)
(b)
(c)
(d)
(2) When a CHRC on an individual described in paragraph (a) of this section discloses an arrest for any disqualifying criminal offense listed in § 1544.229(d) without indicating a disposition, the aircraft operator must suspend the individual's flightcrew member privileges not later than 45 days after obtaining a 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 § 1544.229(d), the flight crewmember is not disqualified under this section.
(3) The aircraft operator may only make the determinations required in paragraphs (d)(1) and (d)(2) of this section for individuals whom it is using, or will use, as a flightcrew member. The aircraft operator may not make determinations for individuals described in § 1542.209(a) of this chapter.
(e)
(2) The aircraft operator must notify the individual that a final decision has been made to allow or deny the individual flightcrew member status.
(3) Immediately following the denial of flightcrew member status, the aircraft operator must advise the individual that the FBI criminal record discloses information that disqualifies him or her from retaining his or her flightcrew member status, and provide the individual with a copy of the FBI record if he or she requests it.
(f)
(1) 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
(2) If no notification, as described in paragraph (f)(1) of this section, is received within 30 days, the aircraft operator may make a final determination to deny the individual flightcrew member status.
(g)
(1) The individual to whom the record pertains, or that individual's authorized representative.
(2) Others designated by TSA.
(h)
(2)
(3)
(i)
(2) If information becomes available to the aircraft operator indicating that a flightcrew member identified in paragraph (a) of this section has a possible conviction for any disqualifying criminal offense in § 1544.229 (d), the aircraft operator must determine the status of the conviction. If a disqualifying criminal offense is confirmed, the aircraft operator may not assign that individual to flightcrew duties in operations identified in paragraph (a).
(j)
(2) Designate an individual(s) to maintain the CHRC results.
(3) Designate an individual(s) at appropriate locations to receive notification from individuals of their intent to seek correction of their FBI criminal record.
(k)
(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
(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 § 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.
(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.
(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 § 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.
(a) For each aircraft that has a door to the flight deck, each aircraft operator must restrict access to the flight deck as provided in its security program.
(b) This section does not restrict access for an FAA air carrier inspector, an authorized representative of the National Transportation Safety Board, or for an Agent of the United States Secret Service, under 14 CFR parts 121, 125, or 135. This section does not restrict access for a Federal Air Marshal under this part.
This section applies to each aircraft operator operating under a full program under § 1544.101(a) of this part and to each aircraft operator with a TSA security program approved for transfer of cargo to an aircraft operator with a full program or a foreign air carrier under paragraphs § 1546.101(a) or (b) of this chapter.
(a) For cargo to be loaded on its aircraft in the United States, each aircraft operator must have and carry out a known shipper program in accordance with its security program. The program must—
(1) Determine the shipper's validity and integrity as provided in the security program;
(2) Provide that the aircraft operator will separate known shipper cargo from unknown shipper cargo; and
(3) Provide for the aircraft operator to ensure that cargo is screened or inspected as set forth in its security program.
(b) When required by TSA, each aircraft operator must submit in a form and manner acceptable to TSA—
(1) Information identified in its security program regarding a known shipper, or an applicant for that status; and
(2) Corrections and updates of this information upon learning of a change to the information specified in paragraph (b)(1) of this section.
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.
(a)
(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)
(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 command of all pertinent information available so that necessary emergency action can be taken.
(c)
(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)
(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.
This subpart applies when the aircraft operator is conducting inspections as provided in § 1544.207.
(a) No individual subject to this subpart may perform a screening function unless that individual has the qualifications described in §§ 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 §§ 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
(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.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a)
(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)
(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.
(a)
(b)
(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)
(d)
(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.
49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 44914, 44916-44917, 44935-44936, 44942, 46105.
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.
(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.
(c) TSA may enter and be present within secured areas, AOAs, SIDAs, and other areas where security measures required by TSA are carried out, 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.
Each foreign air carrier landing or taking off in the United States must adopt and carry out, for each scheduled and public charter passenger operation or all-cargo operation, a security program that meets the requirements of—
(a) Section 1546.103(b) and subparts C, D, and E of this part for each operation with an aircraft 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.
(e) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (c), (d), (e), and (f), 1546.207, 1546.211, 1546.213, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificated take-off weight more than 45,500 kg (100,309.3 lbs.); and
(f) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (d), and (f), 1546.211, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificated take-off weight more than 12,500 pounds but not more than 45,500 kg (100,309.3 lbs.).
(a)
(1)
(2) In English unless TSA requests that the program be submitted in the official language of the foreign air carrier's country.
(b)
(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 § 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)
(d)
(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.
(a)
(b)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(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 Administrator 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 Administrator for reconsideration. The Administrator 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)
(a)
(b)
(c)
(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)
(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.
Each foreign air carrier operating under § 1546.101(e) or (f) must apply the security measures in its security program for persons who board the aircraft for transportation, and for their property, to prevent or deter the carriage of any unauthorized persons, and any unauthorized weapons, explosives, incendiaries, and other destructive devices, items, or substances.
(a)
(b)
(c)
(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.
(a)
(b)
(c)
(1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item onboard the aircraft.
(2) Prevents access by unauthorized persons other than an authorized foreign air carrier employee or agent, or persons authorized by the airport operator or host government.
(d)
(e)
(f)
(g)
(1)
(ii) Not later than August 3, 2010, each foreign air carrier must ensure that 100 percent of its cargo is screened prior to transport on a passenger aircraft.
(2)
(3)
(4) The foreign air carrier must verify that the chain of custody measures for the screened cargo are intact prior to loading such cargo on aircraft, or must ensure that the cargo is re-screened in accordance with this chapter.
(a)
(b)
(c)
(a)
(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)
(c)
(d)
(e)
(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)
(1) The foreign air carrier's principal business office; and
(2) The place where the X-ray system is in operation.
(g)
(h) Each foreign air carrier must comply with the X-ray operator duty time limitations specified in its security program.
(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 § 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 § 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 § 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.
This section applies in the United States to each foreign air carrier operating under § 1546.101(a), (b), or (e).
(a) Before a foreign air carrier authorizes and before an individual performs a function described in paragraph (b) of this section—
(1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540 subpart C of this chapter; and
(2) Each aircraft operator must complete the requirements in part 1540 subpart C.
(b) The security threat assessment required in paragraph (a) of this section applies to the following:
(1) Each individual who has unescorted access to cargo and access to information that such cargo will be transported on a passenger aircraft; or who has unescorted access to cargo that has been screened for transport on a passenger aircraft; or who performs certain functions related to the transportation, dispatch or security of cargo for transport on a passenger aircraft or all-cargo aircraft, as specified in the foreign air craft operator's or foreign
(i) The cargo reaches a location where a foreign air carrier operating under § 1546.101(e) consolidates or inspects it pursuant to security program requirements, until the cargo enters an airport Security Identification Display Area or is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier; or
(ii) A foreign air carrier under §§ 1546.101(a) or (b) accepts the cargo, until the cargo—
(A) Enters an airport Security Identification Display Area;
(B) Is removed from the destination airport; or
(C) Is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier.
(2) Each individual the foreign air carrier authorizes to screen cargo or to supervise the screening of cargo under § 1546.205.
This section applies to each foreign air carrier operating a program under § 1546.101(a) or (b).
(a) For cargo to be loaded on its aircraft in the United States, each foreign air carrier must have and carry out a known shipper program in accordance with its security program. The program must—
(1) Determine the shipper's validity and integrity as provided in the foreign air carrier's security program;
(2) Provide that the foreign air carrier will separate known shipper cargo from unknown shipper cargo; and
(3) Provide for the foreign air carrier to ensure that cargo is screened or inspected as set forth in its security program.
(b) When required by TSA, each foreign air carrier must submit in a form and manner acceptable to TSA—
(1) Information identified in its security program regarding an applicant to be a known shipper or a known shipper; and
(2) Corrections and updates to the information upon learning of a change to the information specified in paragraph (b)(1) of this section.
No foreign air carrier may land or take off an airplane in the United States 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.
This subpart applies when the aircraft operator is conducting inspections as provided in § 1546.207.
(a) No individual subject to this subpart may perform a screening function unless that individual has the qualifications described in §§ 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 §§ 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.
(a)
(b)
(c)
(d)
(e)
(f)
(a)
(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)
(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.
(a)
(b)
(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)
(d)
(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.
49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914, 44916-44917, 44932, 44935-44936, 46105.
This part prescribes aviation security rules governing each indirect air carrier engaged indirectly in the air transportation of property on aircraft.
(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.
(c) TSA may enter and be present within areas where security measures required by TSA are carried out without access media or identification media issued or approved by the indirect air carrier, an airport operator, or aircraft operator, in order to inspect or test compliance, or perform other such duties as TSA may direct.
(a)
(b)
(i) From the time the indirect air carrier accepts the cargo to the time it transfers the cargo to an entity that is not an employee or agent of the indirect air carrier;
(ii) While the cargo is stored, en route, or otherwise being handled by an employee or agent of the indirect air carrier; and
(iii) Regardless of whether the indirect air carrier has or ever had physical possession of the cargo.
(2) The indirect air carrier must ensure that its employees and agents carry out the requirements of this chapter and the indirect air carrier's security program.
(c)
(1) Be designed to prevent or deter the introduction of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item onto an aircraft.
(2) Include the procedures and description of the facilities and equipment used to comply with the requirements of §§ 1548.9 and 1548.17 regarding the acceptance and offering of cargo.
(3) Include the procedures and syllabi used to accomplish the training required under § 1548.11 of persons who accept, handle, transport, or deliver cargo on behalf of the indirect air carrier.
(d)
(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.
(a)
(i) The business name; other names, including doing business as; state of incorporation, if applicable; and tax identification number.
(ii) The applicant names, addresses, and dates of birth of each proprietor, general partner, officer, director, and owner identified under § 1548.16.
(iii) A signed statement from each person listed in paragraph (a)(1)(ii) of this section stating whether he or she has been a proprietor, general partner, officer, director, or owner of an IAC that had its security program withdrawn by TSA.
(iv) Copies of government-issued identification of persons listed in paragraph (a)(1)(ii) of this section.
(v) Addresses of all business locations in the United States.
(vi) A statement declaring whether the business is a “'small business”' pursuant to section 3 of the Small Business Act (15 U.S.C. 632).
(vii) A statement acknowledging and ensuring that each employee and agent of the indirect air carrier, who is subject to training under § 1548.11, will have successfully completed the training outlined in its security program before performing security-related duties.
(viii) Other information requested by TSA concerning Security Threat Assessments.
(ix) A statement acknowledging and ensuring that each employee and agent will successfully complete a Security Threat Assessment under § 1548.15 before authorizing the individual to have unescorted access to cargo.
(2)
(i) The indirect air carrier has met the requirements of this part, its security program, and any applicable Security Directive;
(ii) The approval of its security program is not contrary to the interests of security and the public interest; and
(iii) The indirect air carrier has not held a security program that was withdrawn within the previous year, unless otherwise authorized by TSA.
(3)
(4)
(5)
(i) This notification must be submitted to the designated official not later than 30 days after the date the change occurred.
(ii) Changes included in the requirement of this paragraph include, but are not limited to, changes in the indirect air carrier's contact information, owners, business addresses and locations, and form of business entity.
(b)
(1) Unless otherwise authorized by TSA, each indirect air carrier that has a security program under this part must timely submit to TSA, at least 30 calendar days prior to the first day of the anniversary month of initial approval of its security program, an application for renewal of its security program in a form and a manner approved by TSA.
(2) The application for renewal must be in writing and include a signed statement that the indirect air carrier has reviewed and ensures the continuing accuracy of the contents of its initial application for a security program, subsequent renewal applications, or other submissions to TSA confirming a change of information and noting the date such applications and submissions were sent to TSA, including the following certification:
[Name of indirect air carrier] (hereinafter “the IAC”) has adopted and is currently carrying out a security program in accordance with the Transportation Security Regulations as originally approved on [Insert date of TSA initial approval]. In accordance with TSA regulations, the IAC has notified TSA of any new or changed information required for the IAC's initial security program. If new or changed information is being submitted to TSA as part of this application for reapproval, that information is stated in this filing.
The IAC understands that intentional falsification of certification to an air carrier or to TSA may be subject to both civil and criminal penalties under 49 CFR 1540 and 1548 and 18 U.S.C. 1001. Failure to notify TSA of any new or changed information required for initial approval of the IAC's security program in a timely fashion and in a form acceptable to TSA may result in withdrawal by TSA of approval of the IAC's security program.
(3) TSA will renew approval of the security program if TSA determines that—
(i) The indirect air carrier has met the requirements of this chapter, its security program, and any Security Directive; and
(ii) The renewal of its security program is not contrary to the interests of security and the public interest.
(4) If TSA determines that the indirect air carrier meets the requirements of paragraph (b)(3) of this section, it will renew the indirect air carrier's security program. The security program will remain effective until the end of the calendar month one year after the month it was renewed.
(c)
(1) Within 30 calendar days after receiving a proposed amendment, the designated official, in writing, either approves or denies the request to amend.
(2) 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 proposed amendment provides the level of security required under this part.
(3) Within 30 calendar days after receiving a denial of the proposed amendment, the indirect air carrier may petition TSA to reconsider the denial. A petition for reconsideration must be filed with the designated official.
(4) 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 TSA for reconsideration. TSA 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.
(d)
(1) TSA 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 of amendment. 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 disagrees with the proposed amendment and petitions the TSA 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 of amendment, or transmits the petition, together with any pertinent information, to TSA for reconsideration. TSA disposes of the petition within 30 calendar days of receipt, either by directing the designated official to withdraw or amend the notice of amendment, or by affirming the notice of amendment.
(e)
(2) The emergency amendment is effective without stay on the date the indirect air carrier receives notification. TSA will incorporate in the notification a brief statement of the reasons and findings for the emergency amendment to be adopted.
(3) The indirect air carrier may file a petition for reconsideration with the TSA no later than 15 calendar days after TSA issued the emergency amendment. The indirect air carrier must send the petition for reconsideration to the designated official; however, the filing does not stay the effective date of the emergency amendment.
(f)
(g)
(1)
(2)
(i) The date of personal delivery;
(ii) If served by certified mail, the mailing date shown on the certificate of service, the date shown on the postmark, if there is no certificate of service, or other mailing date shown by other evidence if there is no certificate of service or postmark; or
(iii) If served by express courier, the service date shown on the certificate of service, or by other evidence if there is no certificate of service.
(h)
(a)
(b)
(a) No indirect air carrier may use an employee or agent 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 his or her personal responsibilities in § 1540.105 of this chapter.
(b) Each indirect air carrier must ensure that each of its authorized employees or agents who accept, handle, transport, or deliver cargo have knowledge of the—
(1) Applicable provisions of this part;
(2) Applicable Security Directives and Information Circulars;
(3) The approved airport security program(s) applicable to their location(s); and
(4) The aircraft operator's or indirect air carrier's security program, to the extent necessary in order to perform their duties.
(c) Each indirect air carrier must ensure that each of its authorized employees or agents under paragraph (b) of this section successfully completes recurrent training at least annually on their individual responsibilities in—
(1) Section 1540.105 of this chapter;
(2) The applicable provisions of this part;
(3) Applicable Security Directives and Information Circulars;
(4) The approved airport security program(s) applicable to their location(s); and
(5) The aircraft operator's or indirect air carrier's security program, to the extent that such individuals need to know in order to perform their duties.
(d) Operators must comply with the requirements of this section not later than November 22, 2006, for direct employees and not later than June 15, 2007, for agents.
Each indirect air carrier must designate and use an Indirect Air Carrier
(a) Before an indirect air carrier authorizes and before an individual performs a function described in paragraph (b) of this section—
(1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540 subpart C of this chapter; and
(2) Each indirect air carrier must complete the requirements in part 1540 subpart C.
(b) The security threat assessment required in paragraph (a) of this section applies to the following:
(1) Each individual who has unescorted access to cargo and access to information that such cargo will be transported on a passenger aircraft; or who has unescorted access to cargo screened for transport on a passenger aircraft; or who performs certain functions related to the transportation, dispatch or security of cargo for transport on a passenger aircraft or all-cargo aircraft, as specified in the indirect air carrier's security program; from the time—
(i) Cargo to be transported on an all-cargo aircraft operated by an aircraft operator with a full all-cargo program under § 1544.101(h) of this chapter, or by a foreign air carrier under § 1546.101(e) of this chapter, reaches an indirect air carrier facility where the indirect air carrier consolidates or holds the cargo, until the indirect air carrier transfers the cargo to an aircraft operator or foreign air carrier; or
(ii) Cargo to be transported on a passenger aircraft operated by an aircraft operator with a full program under § 1544.101(a) or by a foreign air carrier under § 1546.101(a) or (b) of this chapter, is accepted by the indirect air carrier, until the indirect air carrier transfers the cargo to an aircraft operator or foreign air carrier.
(2) Each individual the indirect air carrier authorizes to screen cargo or to supervise the screening of cargo under § 1548.21.
(a) Before an indirect air carrier permits a proprietor, general partner, officer, director, or owner of the entity to perform those functions—
(1) The proprietor, general partner, officer, director, or owner of the entity must successfully complete a security threat assessment or comparable security threat assessment described in part 1540 subpart C of this chapter; and
(2) Each indirect air carrier must complete the requirements in 49 CFR part 1540, subpart C.
(b) For purposes of this section,
(1) A person who directly or indirectly owns, controls, or has power to vote 25 percent or more of any class of voting securities or other voting interests of an IAC or applicant to be an IAC; or
(2) A person who directly or indirectly controls in any manner the election of a majority of the directors (or individuals exercising similar functions) of an IAC, or applicant to be an IAC.
(c) For purposes of this definition of
(1) Members of the same family must be considered to be one person.
(i)
(ii) Each member of the same family, who has an ownership interest in an IAC, or an applicant to be an IAC, must be identified if the family is an owner as a result of aggregating the ownership interests of the members of the family.
(iii) In determining the ownership of interests of the same family, any voting interest of any family member must be taken into account.
(2)
(d) Each indirect air carrier, or applicant to be an indirect air carrier, must ensure that each proprietor, general partner, officer, director and owner of the entity has successfully completed a Security Threat Assessment under part 1540, subpart C, of this chapter not later than a date to be specified by TSA in a future rule in the
This section applies to cargo that an indirect air carrier offers to an aircraft operator operating under a full program under § 1544.101(a) of this chapter, or to a foreign air carrier operating under § 1546.101(a) or (b) of this chapter.
(a) For cargo to be loaded on aircraft in the United States, each indirect air carrier must have and carry out a known shipper program in accordance with its security program. The program must—
(1) Determine the shipper's validity and integrity as provided in its security program;
(2) Provide that the indirect air carrier will separate known shipper cargo from unknown shipper cargo.
(b) When required by TSA, each indirect air carrier must submit to TSA, in a form and manner acceptable to TSA—
(1) Information identified in its security program regarding an applicant to be a known shipper or a known shipper; and
(2) Corrections and updates of this information upon learning of a change to the information specified in paragraph (b)(1) of this section.
(a) TSA may issue an Information Circular to notify indirect air carriers of security concerns.
(b) 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.
(1) Each indirect air carrier that is required to have an approved indirect air carrier security program must comply with each Security Directive that TSA issues to it, within the time prescribed in the Security Directive for compliance.
(2) Each indirect air carrier that receives a Security Directive must comply with the following:
(i) Within the time prescribed in the Security Directive, acknowledge in writing receipt of the Security Directive to TSA.
(ii) 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).
(3) In the event that the indirect air carrier is unable to implement the measures in the Security Directive, the indirect air carrier must submit proposed alternative measures and the basis for submitting the alternative measures to TSA for approval.
(i) The indirect air carrier must submit the proposed alternative measures within the time prescribed in the Security Directive.
(ii) The indirect air carrier must implement any alternative measures approved by TSA.
(4) Each indirect air carrier that receives a Security Directive may comment on it by submitting data, views, or arguments in writing to TSA.
(i) TSA may amend the Security Directive based on comments received.
(ii) Submission of a comment does not delay the effective date of the Security Directive.
(5) Each indirect air carrier that receives a Security Directive or Information Circular, and each person who receives information from a Security Directive or Information Circular, must:
(i) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with a need-to-know.
(ii) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with a need-to-know without the prior written consent of TSA.
An IAC may only screen cargo for transport on a passenger aircraft under §§ 1544.205 and 1546.205 if the IAC is a certified cargo screening facility as provided in part 1549.
49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914, 44916-44917, 44932, 44935-44936, 46105.
This part applies to each facility applying for or certified by TSA as a certified cargo screening facility to screen cargo that will be transported on a passenger aircraft operated under a full program under 49 CFR 1544.101(a), or a foreign air carrier operating under a program under 49 CFR 1546.101(a) or (b).
(a) Each certified cargo screening facility must allow TSA, at any time or place, in a reasonable manner, without advance notice, to enter the facility and make any inspections or tests, including copying records, to—
(1) Determine compliance of a certified cargo screening facility, airport operator, foreign air carrier, indirect air carrier, or airport tenant with this chapter and 49 U.S.C. 114 and Subtitle VII, as amended; or
(2) Carry out TSA's statutory or regulatory authorities, including its authority to—
(i) Assess threats to transportation;
(ii) Enforce security-related regulations, directives, and requirements:
(iii) Inspect, maintain, and test the security of facilities, equipment, and systems;
(iv) Ensure the adequacy of security measures for the transportation of passengers and cargo;
(v) Oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;
(vi) Review security plans; and
(vii) Carry out such other duties, and exercise such other powers, relating to transportation security as the Assistant Secretary of Homeland Security for the TSA considers appropriate, to the extent authorized by law.
(b) At the request of TSA, each certified cargo screening facility must provide evidence of compliance with this chapter, including copying records.
(c) TSA and DHS officials working with TSA may conduct inspections under this section without access media or identification media issued or approved by a certified cargo screening facility or other person, except that the TSA and DHS officials will have identification media issued by TSA or DHS.
(a)
(b)
(1) Provide for the security of the aircraft, as well as that of persons and property traveling in air transportation against acts of criminal violence and air piracy and against the introduction into the aircraft of any unauthorized explosive, incendiary, and other destructive substance or item as provided in the certified cargo screening facility's security program;
(2) Be designed to prevent or deter the introduction of any unauthorized explosive, incendiary, and other destructive substance or item onto an aircraft; and
(3) Include the procedures and description of the facilities and equipment used to comply with the requirements of this part.
(c)
(d)
(e)
(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 its facility. 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.
(a)
(i) The business name; other names, including doing business as; state of incorporation, if applicable; and tax identification number.
(ii) The name of the senior manager or representative of the applicant in control of the operations at the facility.
(iii) A signed statement from each person listed in paragraph (a)(1)(ii) of this section stating whether he or she has been a senior manager or representative of a facility that had its security program withdrawn by TSA.
(iv) Copies of government-issued identification of persons listed in paragraph (a)(1)(ii) of this section.
(v) The street address of the facility where screening will be conducted.
(vi) A statement acknowledging and ensuring that each individual and agent of the applicant, who is subject to training under § 1549.11, will have successfully completed the training outlined in its security program before performing security-related duties.
(vii) Other information requested by TSA concerning Security Threat Assessments.
(viii) A statement acknowledging and ensuring that each individual will successfully complete a Security Threat Assessment under § 1549.111 before the
(2)
(ii) An applicant must successfully undergo an assessment by TSA.
(3)
(i) The applicant has met the requirements of this part, its security program, and any applicable Security Directive;
(ii) The applicant has successfully undergone an assessment by TSA;
(iii) The applicant is able and willing to carry out the requirements of this part, its security program, and an applicable Security Directive;
(iv) The approval of such applicant's security program is not contrary to the interests of security and the public interest;
(v) The applicant has not held a security program that was withdrawn within the previous year, unless otherwise authorized by TSA; and
(vi) TSA determines that the applicant is qualified to be a certified cargo screening facility.
(4)
(5)
(6)
(7)
(i) The CCSF must submit this notification to TSA not later than 30 days prior to the date the change is expected to occur.
(ii) Changes included in the requirement of this paragraph include, but are not limited to, changes in the certified cargo screening facility's contact information, senior manager or representative, business addresses and locations, and form of business facility.
(iii) If the certified cargo screening facility relocates, TSA will withdraw the existing certification and require the new facility to undergo a validation and certification process.
(b)
(1) Unless otherwise authorized by TSA, each certified cargo screening facility must timely submit to TSA, at least 30 calendar days prior to the first day of the 36th anniversary month of initial approval of its security program, an application for renewal of its security program in a form and a manner approved by TSA.
(2) The certified cargo screening facility must demonstrate that it has successfully undergone a revalidation of its operations by TSA prior to the first day of the 36th anniversary month of initial approval of its security program.
(3) The application for renewal must be in writing and include a signed statement that the certified cargo screening facility has reviewed and ensures the continuing accuracy of the contents of its initial application for a security program, subsequent renewal applications, or other submissions to TSA confirming a change of information and noting the date such applications and submissions were sent to TSA, including the following certification:
[Name of certified cargo screening facility] (hereinafter “the CCSF”) has adopted and is currently carrying out a security program in accordance with the Transportation Security Regulations as originally approved on [Insert date of TSA initial approval]. In accordance with TSA regulations, the CCSF has notified TSA of any new or changed information required for the CCSF's initial security program. If new or changed information is being submitted to TSA as part of this application for reapproval, that information is stated in this filing.
The CCSF understands that intentional falsification of certification to an aircraft operator, foreign air carrier, indirect air carrier, or to TSA may be subject to both civil and criminal penalties under 49 CFR part 1540 and 18 U.S.C. 1001. Failure to notify TSA of any new or changed information required for initial approval of the CCSF's security program in a timely fashion and in a form acceptable to TSA may result in withdrawal by TSA of approval of the CCSF's security program.
(4) TSA will renew approval of the security program if TSA determines that—
(i) The CCSF has met the requirements of this chapter, its security program, and any Security Directive; and
(ii) The renewal of its security program is not contrary to the interests of security and the public interest.
(5) If TSA determines that the certified cargo screening facility meets the requirements of paragraph (b)(3) of this section, it will renew the certified cargo screening facility's security program and certification. The security program and certification will remain effective until the end of the calendar month three years after the month it was renewed.
(c)
(1) Within 30 calendar days after receiving a proposed amendment, the designated official, in writing, either approves or denies the request to amend.
(2) TSA may approve an amendment to a certified cargo screening facility's security program, if the TSA designated official determines that safety and the public interest will allow it, and if the proposed amendment provides the level of security required under this part.
(3) Within 30 calendar days after receiving a denial of the proposed amendment, the certified cargo screening facility may petition TSA to reconsider the denial. The CCSF must file the Petition for Reconsideration with the designated official.
(4) 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 TSA for reconsideration. TSA 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.
(d)
(1) TSA notifies the certified cargo screening facility, in writing, of the proposed amendment, fixing a period of not less than 30 calendar days within which the certified cargo screening facility may submit written information, views, and arguments on the amendment.
(2) After considering all relevant material, the designated official notifies the certified cargo screening facility of any amendment adopted or rescinds the notice of amendment. If the
(3) Upon receipt of a Petition for Reconsideration, the designated official either amends or withdraws the notice of amendment, or transmits the Petition, together with any pertinent information, to TSA for reconsideration. TSA disposes of the Petition within 30 calendar days of receipt, either by directing the designated official to withdraw or amend the notice of amendment, or by affirming the notice of amendment.
(e)
(2) The emergency amendment is effective without stay on the date the certified cargo screening facility receives notification. TSA will incorporate in the notification a brief statement of the reasons and findings for the emergency amendment to be adopted.
(3) The certified cargo screening facility may file a Petition for Reconsideration with the TSA no later than 15 calendar days after TSA issued the emergency amendment. The certified cargo screening facility must send the Petition for Reconsideration to the designated official; however, the filing does not stay the effective date of the emergency amendment.
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(1) Applicable provisions of this chapter, including this part, part 1520, and § 1540.105;
(2) The certified cargo screening facility's security program, to the extent that such individuals need to know in order to perform their duties;
(3) Applicable Security Directives and Information Circulars; and
(4) The applicable portions of approved airport security program(s) and aircraft operator security program(s).
(d)
(1) Is a citizen or national of the United States, or an alien lawfully admitted for permanent residence;
(2) Has a high school diploma, a General Equivalency Diploma, or a combination of education and experience that the certified cargo screening facility has determined to have equipped the person to perform the duties of the position;
(3) Has basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the extent required to effectively operate cargo screening technologies that the facility is authorized to use. These include:
(i) The ability to operate x-ray equipment and to distinguish on the x-ray monitor the appropriate imaging standard specified in the certified cargo screening facility security program. Wherever the x-ray system displays colors, the operator must be able to perceive each color.
(ii) The ability to distinguish each color displayed on every type of screening equipment and explain what each color signifies.
(iii) The ability to hear and respond to the spoken voice and to audible alarms generated by screening equipment.
(4) Has the ability to read, write and understand English well enough to carry out written and oral instructions regarding the proper performance of screening duties or be under the direct supervision of someone who has this ability, including reading labels and shipping papers, and writing log entries into security records in English.
(a) Each certified cargo screening facility must maintain records demonstrating compliance with all statutes, regulations, directives, orders, and security programs that apply to operation as a certified cargo screening facility, including the records listed below, at the facility location or other location as approved by TSA:
(1) Records of all training and instructions given to each individual under § 1549.103. The CCSF must retain these records for 180 days after the individual is no longer employed by the certified cargo screening facility or is no longer acting as the facility's agent.
(2) Copies of all documents related to applications for, or renewals of, TSA certification to operate under part 1549.
(3) Documents establishing TSA's certification and renewal of certification as required by part 1549.
(4) Records demonstrating that each individual has complied with the security threat assessment provisions of § 1549.111.
(b) Unless otherwise stated, records must be retained until the next re-certification.
Each certified cargo screening facility must have a Security Coordinator and designated alternate Security Coordinator appointed at the corporate level. In addition, each certified cargo screening facility must have a facility Security Coordinator and alternate facility Security Coordinator appointed at the facility level. The facility Security Coordinator must serve as the certified cargo screening facility's primary contact for security-related activities and communications with TSA, as set forth in the security program. The Security Coordinator and alternate appointed at the corporate level, as well as the facility Security Coordinator and alternate, must be available on a 24-hour, 7-days a week basis.
(a) TSA may issue an Information Circular to notify certified cargo screening facilities of security concerns.
(b) 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.
(1) Each certified cargo screening facility must comply with each Security Directive that TSA issues to it, within the time prescribed in the Security Directive for compliance.
(2) Each certified cargo screening facility that receives a Security Directive must comply with the following:
(i) Within the time prescribed in the Security Directive, acknowledge in writing receipt of the Security Directive to TSA.
(ii) 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).
(3) In the event that the certified cargo screening facility is unable to implement the measures in the Security Directive, the certified cargo screening facility must submit proposed alternative measures and the basis for submitting the alternative measures to TSA for approval.
(i) The certified cargo screening facility must submit the proposed alternative measures within the time prescribed in the Security Directive.
(ii) The certified cargo screening facility must implement any alternative measures approved by TSA.
(4) Each certified cargo screening facility that receives a Security Directive may comment on it by submitting data, views, or arguments in writing to TSA.
(i) TSA may amend the Security Directive based on comments received.
(ii) Submission of a comment does not delay the effective date of the Security Directive.
(5) Each certified cargo screening facility that receives a Security Directive or Information Circular, and each person who receives information from a Security Directive or Information Circular, must—
(i) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with a need-to-know; and
(ii) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with a need-to-know without the prior written consent of TSA.
(a)
(1) Each individual the certified cargo screening facility authorizes to perform cargo screening or supervise cargo screening.
(2) Each individual the certified cargo screening facility authorizes to have unescorted access to cargo at any time from the time it is screened until
(3) The senior manager or representative of its facility in control of the operations.
(4) The security coordinators and their alternates.
(b)
(1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540, subpart C of this chapter; and
(2) Each certified screening facility must complete the requirements in 49 CFR part 1540, subpart C.
49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 44916-44918, 44935-44936, 44942, 46105.
This part applies to the operation of aircraft for which there are no security requirements in other parts of this subchapter.
(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.
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
(d)
49 U.S.C. 114, 44939.
(a)
(b)
This section describes the procedures a flight school must follow before providing flight training.
(a)
(1) The flight school has first notified TSA that the candidate has requested such flight training.
(2) The candidate has submitted to TSA, in a form and manner acceptable to TSA, the following:
(i) The candidate's full name, including any aliases used by the candidate or variations in the spelling of the candidate's name;
(ii) A unique candidate identification number created by TSA;
(iii) A copy of the candidate's current, unexpired passport and visa;
(iv) The candidate's passport and visa information, including all current and previous passports and visas held by the candidate and all the information necessary to obtain a passport and visa;
(v) The candidate's country of birth, current country or countries of citizenship, and each previous country of citizenship, if any;
(vi) The candidate's actual date of birth or, if the candidate does not know his or her date of birth, the approximate date of birth used consistently by the candidate for his or her passport or visa;
(vii) The candidate's requested dates of training and the location of the training;
(viii) The type of training for which the candidate is applying, including the aircraft type rating the candidate would be eligible to obtain upon completion of the training;
(ix) The candidate's current U.S. pilot certificate, certificate number, and type rating, if any;
(x) Except as provided in paragraph (k) of this section, the candidate's fingerprints, in accordance with paragraph (f) of this section;
(xi) The candidate's current address and phone number and each address for the 5 years prior to the date of the candidate's application;
(xii) The candidate's gender; and
(xiii) Any fee required under this part.
(3) The flight school has submitted to TSA, in a form and manner acceptable to TSA, a photograph of the candidate taken when the candidate arrives at the flight school for flight training.
(4) TSA has informed the flight school that the candidate does not pose a threat to aviation or national security, or more than 30 days have elapsed since TSA received all of the information specified in paragraph (a)(2) of this section.
(5) The flight school begins the candidate's flight training within 180 days of either event specified in paragraph (a)(4) of this section.
(b)
(i) The flight school has first notified TSA that the candidate has requested such flight training.
(ii) The candidate has submitted to TSA, in a form and manner acceptable to TSA:
(A) The information and fee required under paragraph (a)(2) of this section; and
(B) The reason the candidate is eligible for expedited processing under
(iii) The flight school has submitted to TSA, in a form and manner acceptable to TSA, a photograph of the candidate taken when the candidate arrives at the flight school for flight training.
(iv) TSA has informed the flight school that the candidate does not pose a threat to aviation or national security or more than 5 days have elapsed since TSA received all of the information specified in paragraph (a)(2) of this section.
(v) The flight school begins the candidate's flight training within 180 days of either event specified in paragraph (b)(1)(iv) of this section.
(2) A candidate is eligible for expedited processing if he or she—
(i) Holds an airman's certificate from a foreign country that is recognized by the Federal Aviation Administration or a military agency of the United States, and that permits the candidate to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;
(ii) Is employed by a foreign air carrier that operates under 14 CFR part 129 and has a security program approved under 49 CFR part 1546;
(iii) Has unescorted access authority to a secured area of an airport under 49 U.S.C. 44936(a)(1)(A)(ii), 49 CFR 1542.209, or 49 CFR 1544.229;
(iv) Is a flightcrew member who has successfully completed a criminal history records check in accordance with 49 CFR 1544.230; or
(v) Is part of a class of individuals that TSA has determined poses a minimal threat to aviation or national security because of the flight training already possessed by that class of individuals.
(c)
(1) The flight school has first notified TSA that the candidate has requested such flight training.
(2) The candidate has submitted to TSA, in a form and manner acceptable to TSA:
(i) The information required under paragraph (a)(2) of this section; and
(ii) Any other information required by TSA.
(3) The flight school has submitted to TSA, in a form and manner acceptable to TSA, a photograph of the candidate taken when the candidate arrives at the flight school for flight training.
(4) The flight school begins the candidate's flight training within 180 days of the date the candidate submitted the information required under paragraph (a)(2) of this section to TSA.
(d)
(1) Notify TSA that the candidate has requested such recurrent training; and
(2) Submit to TSA, in a form and manner acceptable to TSA:
(i) The candidate's full name, including any aliases used by the candidate or variations in the spelling of the candidate's name;
(ii) Any unique student identification number issued to the candidate by the Department of Justice or TSA;
(iii) A copy of the candidate's current, unexpired passport and visa;
(iv) The candidate's current U.S. pilot certificate, certificate number, and type rating(s);
(v) The type of training for which the candidate is applying;
(vi) The date of the candidate's prior recurrent training, if any, and a copy of the training form documenting that recurrent training;
(vii) The candidate's requested dates of training; and
(viii) A photograph of the candidate taken when the candidate arrives at the flight school for flight training.
(e)
(f)
(i) By United States Government personnel at a United States embassy or consulate; or
(ii) By another entity approved by TSA.
(2) A candidate must confirm his or her identity to the individual or agency collecting his or her fingerprints under paragraph (f)(1) of this section by providing the individual or agency his or her:
(i) Passport;
(ii) Resident alien card; or
(iii) U.S. driver's license.
(3) A candidate must pay any fee imposed by the agency taking his or her fingerprints.
(g)
(i) Subject to fine or imprisonment or both under 18 U.S.C. 1001;
(ii) Denied approval for flight training under this section; and
(iii) Subject to other enforcement action, as appropriate.
(2)
(h)
(1)
(i) Valid, unexpired United States passport;
(ii) Original or government-issued certified birth certificate of the United States, American Samoa, or Swains Island, together with a government-issued picture identification of the individual;
(iii) Original United States naturalization certificate with raised seal, or a Certificate of Naturalization issued by the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Immigration and Naturalization Service (INS) (Form N-550 or Form N-570), together with a government-issued picture identification of the individual;
(iv) Original certification of birth abroad with raised seal, U.S. Department of State Form FS-545, or U.S. Department of State Form DS-1350, together with a government-issued picture identification of the individual;
(v) Original certificate of United States citizenship with raised seal, a Certificate of United States Citizenship issued by the USCIS or INS (Form N-560 or Form N-561), or a Certificate of Repatriation issued by the USCIS or INS (Form N-581), together with a government-issued picture identification of the individual; or
(vi) In the case of flight training provided to a Federal employee (including military personnel) pursuant to a contract between a Federal agency and a flight school, the agency's written certification as to its employee's United States citizenship or nationality, together with the employee's government-issued credentials or other Federally-issued picture identification.
(2)
(i)
(1) Maintain the following information for a minimum of 5 years:
(i) For each candidate:
(A) A copy of the photograph required under paragraph (a)(3), (b)(1)(iii), (c)(3), or (d)(2)(viii) of this section; and
(B) A copy of the approval sent by TSA confirming the candidate's eligibility for flight training.
(ii) For a Category 1, Category 2, or Category 3 candidate, a copy of the information required under paragraph (a)(2) of this section, except the information in paragraph (a)(2)(x).
(iii) For a Category 4 candidate, a copy of the information required under paragraph (d)(2) of this section.
(iv) For an individual who is a United States citizen or national, a copy of the information required under paragraph (h)(1) of this section.
(v) For an individual who has been endorsed by the U.S. Department of Defense for flight training, a copy of the information required under paragraph (h)(2) of this section.
(vi) A record of all fees paid to TSA in accordance with this part.
(2) Permit TSA and the Federal Aviation Administration to inspect the records required by paragraph (i)(1) of this section during reasonable business hours.
(j)
(k)
(i) Submits all other information required in paragraph (a)(2) of this section, including the fee; and
(ii) Waits for TSA approval or until the applicable waiting period expires before initiating the additional flight training.
(2) A Category 1, 2, or 3 candidate who is approved for flight training by TSA, but does not initiate that flight training within 180 days, may reapply for flight training without submitting fingerprints as specified in paragraph (a)(2)(x) of this section if the candidate submits all other information required in paragraph (a)(2) of this section, including the fee.
(a)
(b)
(2) TSA will not issue any fee refunds, unless a fee was paid in error.
(a)
(b)
(a)
(1) Each of its flight school employees receives initial and recurrent security awareness training in accordance with this subpart; and
(2) If an instructor is conducting the initial security awareness training program, the instructor has first successfully completed the initial flight school security awareness training program offered by TSA or an alternative initial flight school security awareness training program that meets the criteria of paragraph (c) of this section.
(b)
(i) Each flight school employee employed on January 18, 2005 receives initial security awareness training in accordance with this subpart by January 18, 2005; and
(ii) Each flight school employee hired after January 18, 2005 receives initial security awareness training within 60 days of being hired.
(2) In complying with paragraph (b)(2) of this section, a flight school may use either:
(i) The initial flight school security awareness training program offered by TSA; or
(ii) An alternative initial flight school security awareness training program that meets the criteria of paragraph (c) of this section.
(c)
(1) Require active participation by the flight school employee receiving the training.
(2) Provide situational scenarios requiring the flight school employee receiving the training to assess specific situations and determine appropriate courses of action.
(3) Contain information that enables a flight school employee to identify—
(i) Uniforms and other identification, if any are required at the flight school, for flight school employees or other persons authorized to be on the flight school grounds.
(ii) Behavior by clients and customers that may be considered suspicious, including, but not limited to:
(A) Excessive or unusual interest in restricted airspace or restricted ground structures;
(B) Unusual questions or interest regarding aircraft capabilities;
(C) Aeronautical knowledge inconsistent with the client or customer's existing airman credentialing; and
(D) Sudden termination of the client or customer's instruction.
(iii) Behavior by other on-site persons that may be considered suspicious, including, but not limited to:
(A) Loitering on the flight school grounds for extended periods of time; and
(B) Entering “authorized access only” areas without permission.
(iv) Circumstances regarding aircraft that may be considered suspicious, including, but not limited to:
(A) Unusual modifications to aircraft, such as the strengthening of landing gear, changes to the tail number, or stripping of the aircraft of seating or equipment;
(B) Damage to propeller locks or other parts of an aircraft that is inconsistent with the pilot training or aircraft flight log; and
(C) Dangerous or hazardous cargo loaded into an aircraft.
(v) Appropriate responses for the employee to specific situations, including:
(A) Taking no action, if a situation does not warrant action;
(B) Questioning an individual, if his or her behavior may be considered suspicious;
(C) Informing a supervisor, if a situation or an individual's behavior warrants further investigation;
(D) Calling the TSA General Aviation Hotline; or
(E) Calling local law enforcement, if a situation or an individual's behavior could pose an immediate threat.
(vi) Any other information relevant to security measures or procedures at the flight school, including applicable information in the TSA Information Publication “Security Guidelines for General Aviation Airports”.
(d)
(2) At a minimum, a recurrent security awareness training program must contain information regarding—
(i) Any new security measures or procedures implemented by the flight school;
(ii) Any security incidents at the flight school, and any lessons learned as a result of such incidents;
(iii) Any new threats posed by or incidents involving general aviation aircraft contained on the TSA Web site; and
(iv) Any new TSA guidelines or recommendations concerning the security of general aviation aircraft, airports, or flight schools.
(a)
(1) Contain the flight school employee's name and a distinct identification number.
(2) Indicate the date on which the flight school employee received the security awareness training.
(3) Contain the name of the instructor who conducted the training, if any.
(4) Contain a statement certifying that the flight school employee received the security awareness training.
(5) Indicate the type of training received, initial or recurrent.
(6) Contain a statement certifying that the alternative training program used by the flight school meets the criteria in 49 CFR 1552.23(c), if the flight school uses an alternative training program to comply with this subpart.
(7) Be signed by the flight school employee and an authorized official of the flight school.
(b)
(1) A copy of the document required by paragraph (a) of this section for the initial and each recurrent security awareness training conducted for each flight school employee in accordance with this subpart; and
(2) The alternative flight school security awareness training program used by the flight school, if the flight school uses such a program.
(c)
49 U.S.C. 114, 40113, 44901, 44902, 44903.
(a)
(1) Aircraft operators required to adopt a full program under 49 CFR 1544.101(a).
(2) Foreign air carriers required to adopt a security program under 49 CFR 1546.101(a) or (b).
(3) Airport operators that seek to authorize individuals to enter a sterile area for purposes approved by TSA.
(4) Individuals who seek redress in accordance with subpart C of this part.
(b)
(c)
In addition to the terms in §§ 1500.3 and 1540.5 of this chapter, the following terms apply to this part:
(1) Denied or delayed boarding transportation due to DHS screening programs;
(2) Denied or delayed entry into or departure from the United States at a port of entry; or
(3) Identified for additional (secondary) screening at U.S. transportation facilities, including airports, and seaports.
(1) Departure airport code.
(2) Aircraft operator.
(3) Scheduled departure date.
(4) Scheduled departure time.
(5) Scheduled arrival date.
(6) Scheduled arrival time.
(7) Arrival airport code.
(8) Flight number.
(9) Operating carrier (if available).
(1) Flights that transit the airspace of the continental United States between two airports or locations in the same country, where that country is Canada or Mexico; or
(2) Any other category of flights that the Assistant Secretary of Homeland Security (Transportation Security Administration) designates in a notice in the
(1) A crew member who is listed as a crew member on the flight manifest; or
(2) An individual with flight deck privileges under 49 CFR 1544.237 traveling on the flight deck.
(1) Covered aircraft operator's agent identification number or agent sine.
(2) Type of Verifying Identity Document presented by the passenger.
(3) The identification number on the Verifying Identity Document.
(4) Issue date of the Verifying Identity Document.
(5) Name of the governmental authority that issued the Verifying Identity Document.
(6) Physical attributes of the passenger such as height, eye color, or scars, if requested by TSA.
(1) Passport number.
(2) Country of issuance.
(3) Expiration date.
(4) Gender.
(5) Full name.
(1) Full name.
(2) Date of birth.
(3) Gender.
(4) Redress number or Known Traveler Number (once implemented).
(5) Passport information.
(6) Reservation control number.
(7) Record sequence number.
(8) Record type.
(9) Passenger update indicator.
(10) Traveler reference number.
(11) Itinerary information.
(1) An unexpired passport issued by a foreign government.
(2) An unexpired document issued by a U.S. Federal, State, or tribal government that includes the following information for the individual:
(i) Full name.
(ii) Date of birth.
(iii) Photograph.
(3) Such other documents that TSA may designate as valid verifying identity documents.
(a)
(i) Except as provided in paragraph (a)(1)(ii) of this section, each covered aircraft operator must begin requesting the information described in paragraph (a)(1) of this section in accordance with its AOIP as approved by TSA.
(ii) An aircraft operator that becomes a covered aircraft operator after the effective date of this part must begin requesting the information on the date it becomes a covered aircraft operator.
(2) Beginning on a date no later than 30 days after being notified in writing by TSA, each covered aircraft operator must additionally request the Known Traveler Number for passengers on a covered flight and non-traveling individuals seeking access to an airport sterile area. The covered aircraft operator must include the Known Traveler Number provided by the passenger in response to this request in the SFPD.
(3) Each covered aircraft operator may not submit SFPD for any passenger on a covered flight who does not provide a full name, date of birth and gender. Each covered aircraft operator may not accept a request for authorization to enter a sterile area from a non-traveling individual who does not provide a full name, date of birth and gender.
(4) Each covered aircraft operator must ensure that each third party that accepts a reservation, or accepts a request for authorization to enter a sterile area, on the covered aircraft operator's behalf complies with the requirements of this section.
(5) If the covered aircraft operator also has an operation of an aircraft that is subject to 49 CFR 1544.101(b) through (i), the covered aircraft operator may submit SFPD for passengers on these operations for watch list matching under this part, provided that the covered aircraft operator—
(i) Collects and transmits the SFPD for the passengers in accordance with this section;
(ii) Provides the privacy notice to the passengers in accordance with 49 CFR 1560.103; and
(iii) Complies with the requirements of 49 CFR 1560.105 and 1560.107.
(b)
(1) To the extent available, each covered aircraft operator must electronically transmit SFPD to TSA for each passenger on a covered flight.
(2) Each covered aircraft operator must transmit SFPD to TSA prior to the scheduled flight departure time, in accordance with its AOIP as approved by TSA.
(c)
(d)
(a)
(2)
(3)
(b)
The Transportation Security Administration of the U.S. Department of Homeland Security requires us to collect information from you for purposes of watch list screening, under the authority of 49 U.S.C. section 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may share information you provide with law enforcement or intelligence agencies or others
(a)
(2) Prior to the date that TSA assumes the watch list matching function from a covered aircraft operator, the covered aircraft operator must comply with existing watch list matching procedures for passengers and non-traveling individuals, including denial of transport or sterile area access or designation for enhanced screening for individuals identified by the covered aircraft operator or TSA.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(i) Before allowing the individual to board the aircraft for a covered flight, the covered aircraft operator confirms that it has received a boarding pass printing result from DHS for individuals who are issued boarding passes under paragraph (b)(7) of this section;
(ii) Before allowing the individual to board an aircraft for a covered flight, the covered aircraft operator applies the measures in its security program to prevent an individual for whom DHS has returned an inhibited status boarding pass printing result under paragraph (b)(1) of this section from boarding the aircraft; and
(iii) The covered aircraft operator applies the measures in its security program, as provided in 49 CFR part 1544, subpart B or 49 CFR part 1546, subpart B, to ensure that an individual for whom DHS returns a Selectee result under paragraph (b)(2) of this section undergoes enhanced screening pursuant to the covered aircraft operator's security program prior to that individual boarding the aircraft.
(c)
(2)
(3)
(4)
(d)
A covered aircraft operator must not use any watch list matching results provided by TSA for purposes other than those provided in § 1560.105 and other security purposes.
(a)
(1) The covered aircraft operator's test plan with TSA.
(2) When the covered operator will begin to collect and transmit to TSA each data element of the SFPD for each covered flight.
(3) The specific means by which the covered aircraft operator will request and transmit information under § 1560.101, the timing and frequency of transmission, and any other related matters, in accordance with the Consolidated User Guide.
(b)
(1) TSA notifies each covered aircraft operator in writing of a proposed AOIP, fixing a period of not less than 30 days within which the covered aircraft operator may submit written information, views, and arguments on the proposed AOIP.
(2) After considering all relevant material, TSA's designated official notifies each covered aircraft operator of its AOIP. The AOIP becomes effective not less than 30 days after the covered aircraft operator receives the notice of its AOIP, unless the covered aircraft operator petitions the Assistant Secretary or designated official to reconsider no later than 15 days before the effective date of the AOIP. The covered aircraft operator must send the petition for reconsideration to the designated official. A timely petition for reconsideration stays the effective date of the AOIP.
(3) Upon receipt of a petition for reconsideration, the designated official either amends the AOIP or transmits the petition, together with any pertinent information, to the Assistant Secretary or designee for reconsideration. The Assistant Secretary or designee disposes of the petition within 30 days of receipt by either directing the designated official to withdraw or amend the AOIP, or by affirming the AOIP.
(4) TSA may, at its discretion, grant extensions to any schedule deadlines, on its own initiative or upon the request of a covered aircraft operator.
(c)
(d)
(a)
(b)
This subpart applies to individuals who believe they have been improperly or unfairly delayed or prohibited from boarding an aircraft or entering a sterile area as a result of the Secure Flight program.
A person may be represented by counsel at his or her own expense during the redress process.
(a) If an individual believes he or she has been improperly or unfairly delayed or prohibited from boarding an aircraft or entering a sterile area as a result of the Secure Flight program, the individual may seek assistance through the redress process established under this section.
(b) An individual may obtain the forms and information necessary to initiate the redress process on the DHS TRIP Web site at
(c) The individual must send to the DHS TRIP office the personal information and copies of the specified identification documents. If TSA needs additional information in order to continue the redress process, TSA will so notify the individual in writing and request that additional information. The DHS TRIP Office will assign the passenger a unique identifier, which TSA will recognize as the Redress Number, and the passenger may use that Redress Number in future correspondence with TSA and when making future travel reservations.
(d) TSA, in coordination with the TSC and other appropriate Federal law enforcement or intelligence agencies, if necessary, will review all the documentation and information requested from the individual, correct any erroneous information, and provide the individual with a timely written response.
The redress process and its implementation are subject to review by the TSA and DHS Privacy Offices and the TSA and DHS Offices for Civil Rights and Civil Liberties.
49 U.S.C. 114, 40114, Sec. 823, Pub. L. 108-176, 117 Stat. 2595.
(a)
(1) College Park Airport (CGS);
(2) Potomac Airfield (VKX); and
(3) Washington Executive/Hyde Field (W32).
(b)
(a)
(1) Appoint an airport employee as the airport security coordinator;
(2) Maintain and carry out security procedures approved by TSA;
(3) Maintain at the airport a copy of the airport's TSA-approved security procedures;
(4) Maintain at the airport a copy of each Federal Aviation Administration Notice to Airmen and rule that affects security procedures at the Maryland Three Airports; and
(5) Permit officials authorized by TSA to inspect—
(i) The airport;
(ii) The airport's TSA-approved security procedures; and
(iii) Any other documents required under this section.
(b)
(1) Present to TSA, in a form and manner acceptable to TSA, his or her—
(i) Name;
(ii) Social Security Number;
(iii) Date of birth;
(iv) Address;
(v) Phone number; and
(vi) Fingerprints.
(2) Successfully complete a TSA terrorist threat assessment; and
(3) Not have been convicted or found not guilty by reason of insanity, in any jurisdiction, during the 10 years prior to applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any crime specified in 49 CFR 1542.209 or 1572.103.
(c)
(1) Identify and provide contact information for the airport's airport security coordinator.
(2) Contain a current record of the individuals and aircraft authorized to operate to or from the airport.
(3) Contain procedures to—
(i) Monitor the security of aircraft at the airport during operational and non-operational hours; and
(ii) Alert the aircraft owner(s) and operator(s), the airport operator, and TSA of unsecured aircraft.
(4) Contain procedures to implement and maintain security awareness procedures at the airport.
(5) Contain procedures for limited approval of pilots who violate the Washington, DC, Metropolitan Area Flight Restricted Zone and are forced to land at the airport.
(6) Contain any additional procedures required by TSA to provide for the security of aircraft operations to or from the airport.
(d)
(1) Operations at the airport have not been conducted in accordance with those procedures; or
(2) The procedures must be amended to provide for the security of aircraft operations to or from the airport.
(e)
(1) Present to TSA—
(i) The pilot's name;
(ii) The pilot's Social Security Number;
(iii) The pilot's date of birth;
(iv) The pilot's address;
(v) The pilot's phone number;
(vi) The pilot's current and valid airman certificate or current student pilot certificate;
(vii) The pilot's current medical certificate;
(viii) One form of Government-issued picture identification of the pilot;
(ix) The pilot's fingerprints, in a form and manner acceptable to TSA; and
(x) A list containing the make, model, and registration number of each aircraft that the pilot intends to operate to or from the airport.
(2) Successfully complete a TSA terrorist threat assessment.
(3) Receive a briefing acceptable to TSA and the Federal Aviation Administration that describes procedures for operating to and from the airport.
(4) Not have been convicted or found not guilty by reason of insanity, in any jurisdiction, during the 10 years prior to applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any crime specified in 49 CFR 1542.209 or 1572.103.
(5) Not, in TSA's discretion, have a record on file with the Federal Aviation Administration of a violation of—
(i) A prohibited area designated under 14 CFR part 73;
(ii) A flight restriction established under 14 CFR 91.141;
(iii) Special security instructions issued under 14 CFR 99.7;
(iv) A restricted area designated under 14 CFR part 73;
(v) Emergency air traffic rules issued under 14 CFR 91.139;
(vi) A temporary flight restriction designated under 14 CFR 91.137, 91.138, or 91.145; or
(vii) An area designated under 14 CFR 91.143.
(f)
(1) Protect from unauthorized disclosure any identification information issued by TSA or the Federal Aviation Administration for the conduct of operations to or from the airport.
(2) Secure the aircraft after returning to the airport from any flight.
(3) Comply with any other requirements for operating to or from the airport specified by TSA or the Federal Aviation Administration.
(g)
(1) Files an instrument flight rules or visual flight rules flight plan with Leesburg Automated Flight Service Station;
(2) Obtains an Air Traffic Control clearance with a discrete transponder code; and
(3) Follows any arrival/departure procedures required by the Federal Aviation Administration.
(h)
(i)
(2) If a pilot who is approved to operate to or from any of the Maryland Three Airports commits any of the violations described in paragraph (e)(5) of this section, the pilot must notify TSA within 24 hours of the violation. TSA, in its discretion, may withdraw its approval of the pilot as a result of the violation.
(3) If an airport security coordinator, or a pilot who is approved to operate to or from any of the Maryland Three Airports, is determined by TSA to pose a threat to national or transportation security, or a threat of terrorism, TSA may withdraw its approval of the airport security coordinator or pilot.
(j)
(1) Is in the public interest; and
(2) Provides the level of security required by this section.
(a)
(b)
(1) Military, law enforcement, and medivac aircraft operations;
(2) Federal and State government aircraft operations operating under an airspace waiver approved by TSA and the Federal Aviation Administration;
(3) All-cargo aircraft operations; and
(4) Passenger aircraft operations conducted under:
(i) A full security program approved by TSA in accordance with 49 CFR 1544.101(a); or
(ii) A foreign air carrier security program approved by TSA in accordance with 49 CFR 1546.101(a) or (b).
(c)
(d)
(a)
(1) Designate a security coordinator responsible for implementing the DASSP and other security requirements required under this section, and provide TSA with the security coordinator's contact information and availability in accordance with the DASSP.
(2) Adopt and carry out the DASSP.
(3) Ensure that each crewmember of an aircraft operating into or out of
(4) Apply for and receive a reservation from the Federal Aviation Administration and authorization from TSA for each flight into and out of DCA in accordance with paragraph (d) of this section.
(5) Comply with the operating requirements in paragraph (e) of this section for each flight into and out of DCA.
(6) Pay any costs and fees required under this part.
(7) 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 refer all requests for SSI by other persons to TSA.
(8) Comply with any additional security procedures required by TSA through order, Security Directive, or other means.
(b)
(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the security coordinator is in compliance with the fingerprint-based criminal history records check requirements of §§ 1542.209, 1544.229, or 1544.230 of this chapter with his or her current employer.
(2) Must submit to TSA his or her:
(i) Legal name, including first, middle, and last; any applicable suffix, and any other names used.
(ii) Current mailing address, including residential address if different than current mailing address.
(iii) Date and place of birth.
(iv) Social security number, (submission is voluntary, although recommended).
(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(vi) Alien registration number, if applicable.
(3) Must successfully complete a TSA security threat assessment.
(4) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of records.
(c)
(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the flightcrew member is in compliance with the fingerprint-based criminal history records check requirements of §§ 1542.209, 1544.229, or 1544.230 of this chapter with his or her current employer.
(2) Must not have a record on file with the Federal Aviation Administration of a violation of—
(i) A prohibited area designated under 14 CFR part 73;
(ii) A flight restriction established under 14 CFR 91.141;
(iii) Special security instructions issued under 14 CFR 99.7;
(iv) A restricted area designated under 14 CFR part 73;
(v) Emergency air traffic rules issued under 14 CFR 91.139;
(vi) A temporary flight restriction designated under 14 CFR 91.137, 91.138, or 91.145; or
(vii) An area designated under 14 CFR 91.143.
(3) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of records.
(d)
(1) The aircraft operator must apply to the Federal Aviation Administration for a tentative reservation, in a form and manner approved by the Federal Aviation Administration.
(2) The aircraft operator must submit to TSA, in a form and manner approved by TSA, the following information at
(i) For each passenger and crewmember on the aircraft:
(A) Legal name, including first, middle, and last; any applicable suffix, and any other names used.
(B) Current mailing address, including residential address if different than current mailing address.
(C) Date and place of birth.
(D) Social security number, (submission is voluntary, although recommended).
(E) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(F) Alien registration number, if applicable.
(ii) The registration number of the aircraft.
(iii) The flight plan.
(iv) Any other information required by TSA.
(3) TSA will conduct a name-based security threat assessment for each passenger and crewmember. If TSA notifies the aircraft operator that a passenger or crewmember may pose a security threat, the aircraft operator must ensure that the passenger or crewmember does not board the aircraft before the aircraft departs out of DCA or out of a gateway airport to DCA.
(4) If TSA approves the flight, TSA will transmit such approval to the Federal Aviation Administration for assignment of a final reservation to operate into or out of DCA. Once the Federal Aviation Administration assigns the final reservation, TSA will notify the aircraft operator.
(5) TSA may, at its discretion, cancel any or all flight approvals at any time without prior notice to the aircraft operator.
(6) TSA may, at its discretion, permit a flight into or out of DCA to deviate from the requirements of this subpart, if TSA finds that such action would not be detrimental to transportation security or the safe operation of the aircraft.
(7) TSA may, at its discretion, require any flight into or out of DCA under this subpart to comply with additional security measures.
(e)
(1) Ensure that each flight into DCA departs from a gateway airport and makes no intermediate stops before arrival at DCA.
(2) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA has been screened in accordance with the DASSP prior to boarding the aircraft.
(3) Ensure that all accessible property and property in inaccessible cargo holds on an aircraft operating into or out of DCA has been screened in accordance with the DASSP prior to boarding the aircraft.
(4) Ensure that each aircraft operating into or out of DCA has been searched in accordance with the DASSP.
(5) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA provides TSA with a valid government-issued picture identification in accordance with the DASSP.
(6) If the aircraft operating into or out of DCA is equipped with a cockpit door, ensure that the door is closed and locked at all times during the operation of the aircraft to or from DCA, unless Federal Aviation Administration regulations require the door to remain open.
(7) Ensure that each aircraft operating into or out of DCA has onboard at least one armed security officer who meets the requirements of § 1562.29 of this chapter. This requirement does not apply if—
(i) There is a Federal Air Marshal onboard; or
(ii) The aircraft is being flown without passengers into DCA to pick up passengers, or out of DCA after deplaning all passengers.
(8) Ensure that an aircraft operating into or out of DCA has any Federal Air Marshal onboard, at no cost to the Federal Government, if TSA or the Federal Air Marshal Service so requires.
(9) Notify the National Capital Region Coordination Center prior to departure of the aircraft from DCA or a gateway airport.
(10) Ensure that each aircraft operating into or out of DCA operates under instrument flight rules.
(11) Ensure that each passenger complies with any security measures mandated by TSA.
(12) Ensure that no prohibited items are onboard the aircraft.
(f)
(i) Permit TSA to conduct any inspections or tests, including copying records, to determine compliance with this part and the DASSP.
(ii) At the request of TSA, provide evidence of compliance with this part and the DASSP, including copies of records.
(2) Noncompliance with this part or the DASSP may result in the cancellation of an aircraft operator's flight approvals and other remedial or enforcement action, as appropriate.
(g)
(1) Provide information to the aircraft operator as provided in this section.
(2) Provide to TSA upon request a valid government-issued photo identification.
(3) Comply with security measures as conveyed by the aircraft operator.
(4) Comply with all applicable regulations in this chapter, including § 1540.107 regarding submission to screening and inspection, § 1540.109 regarding prohibition against interference with screening personnel, and § 1540.111 regarding carriage of weapons, explosives, and incendiaries by individuals.
(a)
(b)
(1) Designate a security coordinator who meets the requirements in § 1562.23(b) of this part and is responsible for implementing the FBO Security Program and other security requirements required under this section, and provide TSA with the security coordinator's contact information and availability in accordance with the FBO Security Program.
(2) Support the screening of persons and property in accordance with the requirements of this subpart and the FBO Security Program.
(3) Support the search of aircraft in accordance with the requirements of this subpart and the FBO Security Program.
(4) 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 refer all requests for SSI by other persons to TSA.
(5) Perform any other duties required under the FBO Security Program.
(c)
(i) Permit TSA to conduct any inspections or tests, including copying records, to determine compliance with this part and the FBO Security Program.
(ii) At the request of TSA, provide evidence of compliance with this part and the FBO Security Program, including copies of records.
(2) Noncompliance with this part or the FBO Security Program may result in the cancellation of an aircraft operator's flight approvals and other remedial or enforcement action, as appropriate.
(a) Each aircraft operator must pay a threat assessment fee of $15 for each passenger and crewmember whose information the aircraft operator submits to TSA in accordance with § 1562.23(d) of this part.
(b) Each aircraft operator must pay to TSA the costs associated with carrying out this subpart, as provided in its DASSP.
(c) All fees and reimbursement must be remitted to TSA in a form and manner approved by TSA.
(d) TSA will not issue any refunds, unless any fees or reimbursement funds were paid in error.
(e) If an aircraft operator does not remit to TSA the fees and reimbursement funds required under this section, TSA may decline to process any requests for authorization from the aircraft operator.
(a)
(1) Be qualified to carry a firearm in accordance with paragraph (b) of this section.
(2) Successfully complete a TSA security threat assessment as described in paragraph (c) of this section.
(3) Meet such other requirements as TSA, in coordination with the Federal Air Marshal Service, may establish in the Armed Security Officer Security Program.
(4) Be authorized by TSA, in coordination with the Federal Air Marshal Service, under 49 U.S.C. 44903(d).
(b)
(1)
(i) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law;
(ii) Has statutory powers of arrest;
(iii) Is authorized by the agency to carry a firearm;
(iv) Is not the subject of any disciplinary action by the agency;
(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(vi) Is not prohibited by Federal law from receiving a firearm.
(2)
(i) Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
(iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more, or retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
(iv) Has a non-forfeitable right to benefits under the retirement plan of the agency;
(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(vi) Is not prohibited by Federal law from receiving a firearm.
(3)
(i) Meet qualifications established by TSA, in coordination with the Federal Air Marshal Service, in the Armed Security Officer Program;
(ii) Not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(iii) Not be prohibited by Federal law from receiving a firearm.
(c)
(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a criminal offense that would disqualify him or her from possessing a firearm under 18 U.S.C. 922(g).
(2) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of records.
(3) Must submit to TSA his or her:
(i) Legal name, including first, middle, and last; any applicable suffix, and any other names used.
(ii) Current mailing address, including residential address if different than current mailing address.
(iii) Date and place of birth.
(iv) Social security number, (submission is voluntary, although recommended).
(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(vi) Alien registration number, if applicable.
(4) Must undergo a threat assessment by TSA prior to receiving authorization under this section and prior to boarding an aircraft operating into or out of DCA as provided in § 1562.23(d)(1) of this part.
(d)
(1) Have basic law enforcement training acceptable to TSA; and
(2) Successfully complete a TSA-approved training course, developed in coordination with the Federal Air Marshal Service, at the expense of the armed security officer.
(e)
(i) Comply with the Armed Security Officer Program.
(ii) 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 refer all requests for SSI by other persons to TSA.
(2) TSA and the Federal Air Marshal Service may conduct random inspections of armed security officers to ensure compliance with the Armed Security Officer Program.
(f)
(1) To carry a firearm in accordance with the Armed Security Officer Program on an aircraft operating under a DASSP into or out of DCA; and
(2) To transport a firearm in accordance with the Armed Security Officer Program at any airport as needed to carry out duties under this subpart, including for travel to and from flights conducted under this subpart.
(g)
(h)
(i)
(2)
(3)
(j)