US Laws, Codes, Statutes & = Cases

Supreme Court = Center |=20 US Laws | Blawgs.FM | BlawgSearch.com | Justia

Justia> = Law> United States> Code of Federal=20 Regulations> Title 49=20 - Transportation> CHAPTE= R=20 XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND=20 SECURITY> PART= =20 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL = OPERATORS>=20 PART 1544=97AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL=20 OPERATORS

49 C.F.R. PART 1544=97AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND = COMMERCIAL=20 OPERATORS

Title 49 - Transportation

Title 49:=20 Transportation

Browse=20 Previous | Browse=20 Next

PART 1544=97AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL=20 OPERATORS

Section Contents

Subpart=20 A=97General
=A7 1544.1   Applicability=20 of this part.
=A7 1544.3   TSA=20 inspection authority.

Subpart=20 B=97Security Program
=A7 1544.101   Adoption=20 and implementation.
=A7 1544.103   Form,=20 content, and availability.
=A7 1544.105   Approval=20 and amendments.

Subpart=20 C=97Operations
=A7 1544.201   Acceptance=20 and screening of individuals and accessible = property.
=A7 1544.202   XXX
=A7 1544.203   Acceptance=20 and screening of checked baggage.
=A7 1544.205   Acceptance=20 and screening of cargo.
=A7 1544.207   Screening=20 of individuals and property.
=A7 1544.209   Use=20 of metal detection devices.
=A7 1544.211   Use=20 of X-ray systems.
=A7 1544.213   Use=20 of explosives detection systems.
=A7 1544.215   Security=20 coordinators.
=A7 1544.217   Law=20 enforcement personnel.
=A7 1544.219   Carriage=20 of accessible weapons.
=A7 1544.221   Carriage=20 of prisoners under the control of armed law enforcement=20 officers.
=A7 1544.223   Transportation=20 of Federal Air Marshals.
=A7 1544.225   Security=20 of aircraft and facilities.
=A7 1544.227   Exclusive=20 area agreement.
=A7 1544.228   XXX
=A7 1544.229   Fingerprint-based=20 criminal history records checks (CHRC): Unescorted access authority, = authority=20 to perform screening functions, and authority to perform checked baggage = or=20 cargo functions.
=A7 1544.230   Fingerprint-based=20 criminal history records checks (CHRC): Flightcrew = members.
=A7 1544.231   Airport-approved=20 and exclusive area personnel identification systems.
=A7 1544.233   Security=20 coordinators and crewmembers, training.
=A7 1544.235   Training=20 and knowledge for individuals with security-related = duties.
=A7 1544.237   Flight=20 deck privileges.
=A7 1544.239   XXX

Subpart=20 D=97Threat and Threat Response
=A7 1544.301   Contingency=20 plan.
=A7 1544.303   Bomb=20 or air piracy threats.
=A7 1544.305   Security=20 Directives and Information Circulars.

Subpart=20 E=97Screener Qualifications When the Aircraft Operator Performs=20 Screening
=A7 1544.401   Applicability=20 of this subpart.
=A7 1544.403   Current=20 screeners.
=A7 1544.405   New=20 screeners: Qualifications of screening personnel.
=A7 1544.407   New=20 screeners: Training, testing, and knowledge of individuals who perform = screening=20 functions.
=A7 1544.409   New=20 screeners: Integrity of screener tests.
=A7 1544.411   New=20 screeners: Continuing qualifications for screening=20 personnel.

Authority: 49 U.S.C. 114, 5103, = 40113,=20 44901=9644905, 44907, 44913=9644914, 44916=9644918, 44932, = 44935=9644936, 44942,=20 46105.=20

Source: 67 FR 8364, Feb. 22, 2002, = unless=20 otherwise noted.

Subpart A=97General

= = =20 top

=A7 1544.1 Applicability of this = part.

= = =20 top=20

(a) This part prescribes aviation security rules governing the = following:

(1) The operations of aircraft operators holding operating = certificates under=20 14 CFR part 119 for scheduled passenger operations, public charter = passenger=20 operations, private charter passenger operations; the operations of = aircraft=20 operators holding operating certificates under 14 CFR part 119 operating = aircraft with a maximum certificated takeoff weight of 12,500 pounds or = more;=20 and other aircraft operators adopting and obtaining approval of an = aircraft=20 operator security program.

(2) Each law enforcement officer flying armed aboard an aircraft = operated by=20 an aircraft operator described in paragraph (a)(1) of this section.

(3) Each aircraft operator that receives a Security Directive or = Information=20 Circular and each person who receives information from a Security = Directive or=20 Information Circular issued by TSA.

(b) As used in this part, =93aircraft operator=94 means an aircraft = operator=20 subject to this part as described in =A71544.101.

[67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, = 2002]

=A7 1544.3 TSA inspection = authority.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

(a) Each aircraft operator must allow TSA, at any time or place, to = make any=20 inspections or tests, including copying records, to determine compliance = of an=20 airport operator, aircraft operator, foreign air carrier, indirect air = carrier,=20 or other airport tenants with=97

(1) This subchapter and any security program under this subchapter, = and part=20 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=20 compliance with this part and its security program, including copies of=20 records.

(c) TSA may enter and be present within secured areas, AOA's, and = SIDA's=20 without access media or identification media issued or approved by an = airport=20 operator or aircraft operator, in order to inspect or test compliance, = or=20 perform other such duties as TSA may direct.

(d) At the request of TSA and the completion of SIDA training as = required in=20 a security program, each aircraft operator must promptly issue to TSA = personnel=20 access and identification media to provide TSA personnel with unescorted = access=20 to, and movement within, areas controlled by the aircraft operator under = an=20 exclusive area agreement.

Subpart B=97Security Program

= = =20 top

=A7 1544.101 Adoption and = implementation.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

(a) Full program. Each aircraft operator must carry out = subparts C, D,=20 and E of this part and must adopt and carry out a security program that = meets=20 the requirements of =A71544.103 for each of the following = operations:

(1) A scheduled passenger or public charter passenger operation with = an=20 aircraft having a passenger seating configuration of 61 or more = seats.

(2) A scheduled passenger or public charter passenger operation with = an=20 aircraft having a passenger seating configuration of 60 or fewer seats = when=20 passengers are enplaned from or deplaned into a sterile area.

(b) Partial program=97adoption. Each aircraft operator must = carry out=20 the requirements specified in paragraph (c) of this section for each of = the=20 following operations:

(1) A scheduled passenger or public charter passenger operation with = an=20 aircraft having a passenger-seating configuration of 31 or more but 60 = or fewer=20 seats that does not enplane from or deplane into a sterile area.

(2) A scheduled passenger or public charter passenger operation with = an=20 aircraft having a passenger-seating configuration of 60 or fewer seats = engaged=20 in operations to, from, or outside the United States that does not = enplane from=20 or deplane into a sterile area.

(c) Partial program-content: For operations described in = paragraph (b)=20 of this section, the aircraft operator must carry out the following, and = must=20 adopt and carry out a security program that meets the applicable = requirements in=20 =A71544.103 (c):

(1) The requirements of =A7=A71544.215, 1544.217, 1544.219, 1544.223, = 1544.230,=20 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=20 approved upon request.

(3) The remaining requirements of subparts C, D, and E when TSA = notifies the=20 aircraft operator in writing that a security threat exists concerning = that=20 operation.

(d) Twelve-five program-adoption: Each aircraft operator must = carry=20 out the requirements of paragraph (e) of this section for each operation = that=20 meets all of the following=97

(1) Is in an aircraft with a maximum certificated takeoff weight of = 12,500=20 pounds or more;

(2) Is in scheduled or charter service;

(3) Is carrying passengers or cargo or both; and

(4) Is not under a full program or partial program under paragraph = (a) or (b)=20 of this section.

(e) Twelve-five program-contents: For each operation described = in=20 paragraph (d) of this section, the aircraft operator must carry out the=20 following, and must adopt and carry out a security program that meets = the=20 applicable requirements of =A71544.103 (c):

(1) The requirements of =A7=A71544.215, 1544.217, 1544.219, 1544.223, = 1544.230,=20 1544.235, 1544.237, 1544.301(a) and (b), 1544.303, and 1544.305.

(2) Other provisions of subparts C, D, and E that TSA has approved = upon=20 request.

(3) The remaining requirements of subparts C, D, and E when TSA = notifies the=20 aircraft operator in writing that a security threat exists concerning = that=20 operation.

(f) Private charter program. In addition to paragraph (d) of = this=20 section, if applicable, each aircraft operator must carry out = =A7=A71544.201,=20 1544.207, 1544.209, 1544.211, 1544.215, 1544.217, 1544.219, 1544.225, = 1544.229,=20 1544.230, 1544.233, 1544.235, 1544.303, and 1544.305, and subpart E of = this part=20 and=97

(1) Must adopt and carry out a security program that meets the = applicable=20 requirements of =A71544.103 for each private charter passenger operation = in=20 which=97

(i) The passengers are enplaned from or deplaned into a sterile area; = or

(ii) The aircraft has a maximum certificated takeoff weight greater = than=20 45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 = or=20 more, and is not a government charter under paragraph (2) of the = definition of=20 private charter in =A71540.5 of this chapter.

(2) The Administrator may authorize alternate procedures under = paragraph=20 (f)(1) of this section as appropriate.

(g) Limited program: In addition to paragraph (d) of this = section, if=20 applicable, TSA may approve a security program after receiving a request = by an=20 aircraft operator holding a certificate under 14 CFR part 119, other = than one=20 identified in paragraph (a), (b), (d), or (f) of this section. The = aircraft=20 operator must=97

(1) Carry out selected provisions of subparts C, D, and E;

(2) Carry out the provisions of =A71544.305, as specified in its = security=20 program; and

(3) Adopt and carry out a security program that meets the applicable=20 requirements of =A71544.103 (c).

[67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; = 67 FR=20 41639, June 19, 2002; 67 FR 79887, Dec. 31, 2002]

=A7 1544.103 Form, content, and = availability.

= = =20 top=20

(a) General requirements. Each security program must:

(1) Provide for the safety of persons and property traveling on = flights=20 provided by the aircraft operator against acts of criminal violence and = air=20 piracy, and the introduction of explosives, incendiaries, or weapons = aboard an=20 aircraft.

(2) Be in writing and signed by the aircraft operator or any person = delegated=20 authority in this matter.

(3) Be approved by TSA.

(b) Availability. Each aircraft operator having a security = program=20 must:

(1) Maintain an original copy of the security program at its = corporate=20 office.

(2) Have accessible a complete copy, or the pertinent portions of its = security program, or appropriate implementing instructions, at each = airport=20 served. An electronic version of the program is adequate.

(3) Make a copy of the security program available for inspection upon = request=20 of TSA.

(4) Restrict the distribution, disclosure, and availability of = information=20 contained in the security program to persons with a need-to-know as = described in=20 part 1520 of this chapter.

(5) Refer requests for such information by other persons to TSA.

(c) Content. The security program must include, as specified = for that=20 aircraft operator in =A71544.101, the following:

(1) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.201 regarding the acceptance and = screening=20 of individuals and their accessible property, including, if applicable, = the=20 carriage weapons as part of State-required emergency equipment.

(2) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.203 regarding the acceptance and = screening=20 of checked baggage.

(3) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.205 regarding the acceptance and = screening=20 of cargo.

(4) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.207 regarding the screening of = individuals=20 and property.

(5) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.209 regarding the use of metal = detection=20 devices.

(6) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.211 regarding the use of x-ray=20 systems.

(7) The procedures and description of the facilities and equipment = used to=20 comply with the requirements of =A71544.213 regarding the use of = explosives=20 detection systems.

(8) The procedures used to comply with the requirements of = =A71544.215=20 regarding the responsibilities of security coordinators. The names of = the=20 Aircraft Operator Security Coordinator (AOSC) and any alternate, and the = means=20 for contacting the AOSC(s) on a 24-hour basis, as provided in = =A71544.215.

(9) The procedures used to comply with the requirements of = =A71544.217=20 regarding the requirements for law enforcement personnel.

(10) The procedures used to comply with the requirements of = =A71544.219=20 regarding carriage of accessible weapons.

(11) The procedures used to comply with the requirements of = =A71544.221=20 regarding carriage of prisoners under the control of armed law = enforcement=20 officers.

(12) The procedures used to comply with the requirements of = =A71544.223=20 regarding transportation of Federal Air Marshals.

(13) The procedures and description of the facilities and equipment = used to=20 perform the aircraft and facilities control function specified in = =A71544.225.

(14) The specific locations where the air carrier has entered into an = exclusive area agreement under =A71544.227.

(15) The procedures used to comply with the applicable requirements = of=20 =A7=A71544.229 and 1544.230 regarding fingerprint-based criminal history = records=20 checks.

(16) The procedures used to comply with the requirements of = =A71544.231=20 regarding personnel identification systems.

(17) The procedures and syllabi used to accomplish the training = required=20 under =A71544.233.

(18) The procedures and syllabi used to accomplish the training = required=20 under =A71544.235.

(19) An aviation security contingency plan as specified under = =A71544.301.

(20) The procedures used to comply with the requirements of = =A71544.303=20 regarding bomb and air piracy threats.

(21) The procedures used to comply with =A71544.237 regarding flight = deck=20 privileges.

[67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, = 2002]

=A7 1544.105 Approval and = amendments.

= = =20 top=20

(a) Initial approval of security program. Unless otherwise = authorized=20 by TSA, each aircraft operator required to have a security program under = this=20 part must submit its proposed security program to the designated = official for=20 approval at least 90 days before the intended date of passenger = operations. The=20 proposed security program must meet the requirements applicable to its = operation=20 as described in =A71544.101. Such requests will be processed as = follows:

(1) The designated official, within 30 days after receiving the = proposed=20 aircraft operator security program, will either approve the program or = give the=20 aircraft operator written notice to modify the program to comply with = the=20 applicable requirements of this part.

(2) The aircraft operator may either submit a modified security = program to=20 the designated official for approval, or petition the Administrator to=20 reconsider the notice to modify within 30 days of receiving a notice to = modify.=20 A petition for reconsideration must be filed with the designated = official.

(3) The designated official, upon receipt of a petition for = reconsideration,=20 either amends or withdraws the notice, or transmits the petition, = together with=20 any pertinent information, to the Administrator for reconsideration. The = Administrator disposes of the petition within 30 days of receipt by = either=20 directing the designated official to withdraw or amend the notice to = modify, or=20 by affirming the notice to modify.

(b) Amendment requested by an aircraft operator. An aircraft = operator=20 may submit a request to TSA to amend its security program as = follows:

(1) The request for an amendment must be filed with the designated = official=20 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=20 official, in writing, either approves or denies the request to = amend.

(3) An amendment to an aircraft operator security program may be = approved if=20 the designated official determines that safety and the public interest = will=20 allow it, and the proposed amendment provides the level of security = required=20 under this part.

(4) Within 30 days after receiving a denial, the aircraft operator = may=20 petition the Administrator to reconsider the denial. A petition for=20 reconsideration must be filed with the designated official.

(5) Upon receipt of a petition for reconsideration, the designated = official=20 either approves the request to amend or transmits the petition, together = with=20 any pertinent information, to the Administrator for reconsideration. The = Administrator disposes of the petition within 30 days of receipt by = either=20 directing the designated official to approve the amendment, or affirming = the=20 denial.

(6) Any aircraft operator may submit a group proposal for an = amendment that=20 is on behalf of it and other aircraft operators that co-sign the = proposal.

(c) Amendment by TSA. If safety and the public interest = require an=20 amendment, TSA may amend a security program as follows:

(1) The designated official notifies the aircraft operator, in = writing, of=20 the proposed amendment, fixing a period of not less than 30 days within = which=20 the aircraft operator may submit written information, views, and = arguments on=20 the amendment.

(2) After considering all relevant material, the designated official = notifies=20 the aircraft operator of any amendment adopted or rescinds the notice. = If the=20 amendment is adopted, it becomes effective not less than 30 days after = the=20 aircraft operator receives the notice of amendment, unless the aircraft = operator=20 petitions the Administrator to reconsider no later than 15 days before = the=20 effective date of the amendment. The aircraft operator must send the = petition=20 for reconsideration to the designated official. A timely petition for=20 reconsideration stays the effective date of the amendment.

(3) Upon receipt of a petition for reconsideration, the designated = official=20 either amends or withdraws the notice or transmits the petition, = together with=20 any pertinent information, to the Administrator for reconsideration. The = Administrator disposes of the petition within 30 days of receipt by = either=20 directing the designated official to withdraw or amend the amendment, or = by=20 affirming the amendment.

(d) Emergency amendments. If the designated official finds = that there=20 is an emergency requiring immediate action with respect to safety in air = transportation or in air commerce that makes procedures in this section = contrary=20 to the public interest, the designated official may issue an amendment, = without=20 the prior notice and comment procedures in paragraph (c) of this = section,=20 effective without stay on the date the aircraft operator receives notice = of it.=20 In such a case, the designated official will incorporate in the notice a = brief=20 statement of the reasons and findings for the amendment to be adopted. = The=20 aircraft operator may file a petition for reconsideration under = paragraph (c) of=20 this section; however, this does not stay the effective date of the = emergency=20 amendment.

Subpart C=97Operations

= = =20 top

=A7 1544.201 Acceptance and screening of = individuals and=20 accessible property.

= = =20 top=20

(a) Preventing or deterring the carriage of any explosive, = incendiary, or=20 deadly or dangerous weapon. Each aircraft operator must use the = measures in=20 its security program to prevent or deter the carriage of any weapon, = explosive,=20 or incendiary on or about each individual's person or accessible = property before=20 boarding an aircraft or entering a sterile area.

(b) Screening of individuals and accessible property. Except = as=20 provided in its security program, each aircraft operator must ensure = that each=20 individual entering a sterile area at each preboard screening checkpoint = for=20 which it is responsible, and all accessible property under that = individual's=20 control, are inspected for weapons, explosives, and incendiaries as = provided in=20 =A71544.207.

(c) Refusal to transport. Each aircraft operator must deny = entry into=20 a sterile area and must refuse to transport=97

(1) Any individual who does not consent to a search or inspection of = his or=20 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=20 search or inspection of that property in accordance with the system = prescribed=20 by this part.

(d) Prohibitions on carrying a weapon, explosive, or = incendiary.=20 Except as provided in =A7=A71544.219, 1544.221, and 1544.223, no = aircraft operator=20 may permit any individual to have a weapon, explosive, or incendiary, on = or=20 about the individual's person or accessible property when onboard an=20 aircraft.

(e) Staffing. Each aircraft operator must staff its security = screening=20 checkpoints with supervisory and non-supervisory personnel in accordance = with=20 the standards specified in its security program.

=A7 1544.202 XXX

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

=A7 1544.203 Acceptance and screening of = checked=20 baggage.

= = =20 top=20

(a) Preventing or deterring the carriage of any explosive or=20 incendiary. Each aircraft operator must use the procedures, = facilities, and=20 equipment described in its security program to prevent or deter the = carriage of=20 any unauthorized explosive or incendiary onboard aircraft in checked=20 baggage.

(b) Acceptance. Each aircraft operator must ensure that = checked=20 baggage carried in the aircraft is received by its authorized aircraft = operator=20 representative.

(c) Screening of checked baggage. Except as provided in its = security=20 program, each aircraft operator must ensure that all checked baggage is=20 inspected for explosives and incendiaries before loading it on its = aircraft, in=20 accordance with =A71544.207.

(d) Control. Each aircraft operator must use the procedures in = its=20 security program to control checked baggage that it accepts for = transport on an=20 aircraft, in a manner that:

(1) Prevents the unauthorized carriage of any explosive or incendiary = aboard=20 the aircraft.

(2) Prevents access by persons other than an aircraft operator = employee or=20 its agent.

(e) Refusal to transport. Each aircraft operator must refuse = to=20 transport any individual's checked baggage or property if the individual = does=20 not consent to a search or inspection of that checked baggage or = property in=20 accordance with the system prescribed by this part.

(f) Firearms in checked baggage. No aircraft operator may = knowingly=20 permit any person to transport in checked baggage:

(1) Any loaded firearm(s).

(2) Any unloaded firearm(s) unless=97

(i) The passenger declares to the aircraft operator, either orally or = in=20 writing before checking the baggage that any firearm carried in the = baggage is=20 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=20 checking the baggage retains the key or combination; and

(iv) The checked baggage containing the firearm is carried in an area = that is=20 inaccessible to passengers, and is not carried in the flightcrew=20 compartment,.

(3) Any unauthorized explosive or incendiary.

(g) Ammunition. This section does not prohibit the carriage of = ammunition in checked baggage or in the same container as a firearm. = Title 49=20 CFR part 175 provides additional requirements governing carriage of = ammunition=20 on aircraft.

=A7 1544.205 Acceptance and screening of=20 cargo.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

(a) General requirements. Each aircraft operator must use the=20 procedures, facilities, and equipment described in its security program = to=20 prevent or deter the carriage of unauthorized explosives or incendiaries = in=20 cargo onboard a passenger aircraft.

(b) Screening of cargo baggage. Each aircraft operator must = ensure=20 that, as required in its security program, cargo is inspected for = explosives and=20 incendiaries before loading it on its aircraft in accordance with = =A71544.207.

(c) Control. Each aircraft operator must use the procedures in = its=20 security program to control cargo that it accepts for transport on an = aircraft=20 in a manner that:

(1) Prevents the carriage of any unauthorized explosive or incendiary = aboard=20 the aircraft.

(2) Prevents access by persons other than an aircraft operator = employee or=20 its agent.

(d) Refusal to transport. Each aircraft operator must refuse = to=20 transport any cargo if the shipper does not consent to a search or = inspection of=20 that cargo in accordance with the system prescribed by this part.

=A7 1544.207 Screening of individuals and=20 property.

= = =20 top=20

(a) Applicability of this section. This section applies to the = inspection of individuals, accessible property, checked baggage, and = cargo as=20 required under this part.

(b) Locations within the United States at which TSA conducts=20 screening. Each aircraft operator must ensure that the individuals = or=20 property have been inspected by TSA before boarding or loading on its = aircraft.=20 This paragraph applies when TSA is conducting screening using TSA = employees or=20 when using companies under contract with TSA.

(c) Aircraft operator conducting screening. Each aircraft = operator=20 must use the measures in its security program and in subpart E of this = part to=20 inspect the individual or property. This paragraph does not apply at = locations=20 identified in paragraphs (b) and (d) of this section.

(d) Locations outside the United States at which the foreign = government=20 conducts screening. Each aircraft operator must ensure that all = individuals=20 and property have been inspected by the foreign government. This = paragraph=20 applies when the host government is conducting screening using = government=20 employees or when using companies under contract with the = government.

=A7 1544.209 Use of metal detection = devices.

= = =20 top=20

(a) No aircraft operator may use a metal detection device within the = United=20 States or under the aircraft operator's operational control outside the = United=20 States to inspect persons, unless specifically authorized under a = security=20 program under this part. No aircraft operator may use such a device = contrary to=20 its security program.

(b) Metal detection devices must meet the calibration standards = established=20 by TSA.

=A7 1544.211 Use of X-ray systems.

= = =20 top=20

(a) TSA authorization required. No aircraft operator may use = any X-ray=20 system within the United States or under the aircraft operator's = operational=20 control outside the United States to inspect accessible property or = checked=20 baggage, unless specifically authorized under its security program. No = aircraft=20 operator may use such a system in a manner contrary to its security = program. TSA=20 authorizes aircraft operators to use X-ray systems for inspecting = accessible=20 property or checked baggage under a security program if the aircraft = operator=20 shows that=97

(1) The system meets the standards for cabinet X-ray systems = primarily for=20 the inspection of baggage issued by the Food and Drug Administration = (FDA) and=20 published in 21 CFR 1020.40;

(2) A program for initial and recurrent training of operators of the = system=20 is established, which includes training in radiation safety, the = efficient use=20 of X-ray systems, and the identification of weapons, explosives, and=20 incendiaries; and

(3) The system meets the imaging requirements set forth in its = security=20 program using the step wedge specified in American Society for Testing = Materials=20 (ASTM) Standard F792=9688 (Reapproved 1993). This standard is = incorporated by=20 reference in paragraph (g) of this section.

(b) Annual radiation survey. No aircraft operator may use any = X-ray=20 system unless, within the preceding 12 calendar months, a radiation = survey is=20 conducted that shows that the system meets the applicable performance = standards=20 in 21 CFR 1020.40.

(c) Radiation survey after installation or moving. No aircraft = operator may use any X-ray system after the system has been installed at = a=20 screening point or after the system has been moved unless a radiation = survey is=20 conducted which shows that the system meets the applicable performance = standards=20 in 21 CFR 1020.40. A radiation survey is not required for an X-ray = system that=20 is designed and constructed as a mobile unit and the aircraft operator = shows=20 that it can be moved without altering its performance.

(d) Defect notice or modification order. No aircraft operator = may use=20 any X-ray system that is not in full compliance with any defect notice = or=20 modification order issued for that system by the FDA, unless the FDA has = advised=20 TSA that the defect or failure to comply does not create a significant = risk of=20 injury, including genetic injury, to any person.

(e) Signs and inspection of photographic equipment and film. = (1) At=20 locations at which an aircraft operator uses an X-ray system to inspect=20 accessible property the aircraft operator must ensure that a sign is = posted in a=20 conspicuous place at the screening checkpoint. At locations outside the = United=20 States at which a foreign government uses an X-ray system to inspect = accessible=20 property the aircraft operator must ensure that a sign is posted in a=20 conspicuous place at the screening checkpoint.

(2) At locations at which an aircraft operator or TSA uses an X-ray = system to=20 inspect checked baggage the aircraft operator must ensure that a sign is = posted=20 in a conspicuous place where the aircraft operator accepts checked = baggage.

(3) The signs required under this paragraph (e) must notify = individuals that=20 such items are being inspected by an X-ray and advise them to remove all = X-ray,=20 scientific, and high-speed film from accessible property and checked = baggage=20 before inspection. This sign must also advise individuals that they may = request=20 that an inspection be made of their photographic equipment and film = packages=20 without exposure to an X-ray system. If the X-ray system exposes any = accessible=20 property or checked baggage to more than one milliroentgen during the=20 inspection, the sign must advise individuals to remove film of all kinds = from=20 their articles before inspection.

(4) If requested by individuals, their photographic equipment and = film=20 packages must be inspected without exposure to an X-ray system.

(f) Radiation survey verification after installation or = moving. Each=20 aircraft operator must maintain at least one copy of the results of the = most=20 recent radiation survey conducted under paragraph (b) or (c) of this = section and=20 must make it available for inspection upon request by TSA at each of the = following locations=97

(1) The aircraft operator's principal business office; and

(2) The place where the X-ray system is in operation.

(g) Incorporation by reference. The American Society for = Testing and=20 Materials (ASTM) Standard F792=9688 (Reapproved 1993), =93Standard = Practice for=20 Design and Use of Ionizing Radiation Equipment for the Detection of = Items=20 Prohibited in Controlled Access Areas,=94 is approved for incorporation = by=20 reference by the Director of the Federal Register pursuant to 5 U.S.C. = 552(a)=20 and l CFR part 51. ASTM Standard F792=9688 may be examined at the = Department of=20 Transportation (DOT) Docket, 400 Seventh Street SW, Room Plaza 401, = Washington,=20 DC 20590, or on DOT's Docket Management System (DMS) web page at=20 http://dms.dot.gov/search (under docket number = FAA=962001=968725). Copies of=20 the standard may be examined also at the National Archives and Records=20 Administration (NARA). For information on the availability of this = material at=20 NARA, call 202=96741=966030, or go to:=20 http://www.archives.gov/federal_register/code_of_federal_regulations/i= br_locations.html.=20 In addition, ASTM Standard F792=9688 (Reapproved 1993) may be obtained = from the=20 American Society for Testing and Materials, 100 Barr Harbor Drive, West=20 Conshohocken, PA 19428=962959.

(h) Duty time limitations. Each aircraft operator must comply = with the=20 X-ray operator duty time limitations specified in its security = program.

[67 FR 8364, Feb. 22, 2002, as amended at 69 FR 18803, Apr. 9, = 2004]

=A7 1544.213 Use of explosives detection=20 systems.

= = =20 top=20

(a) Use of explosive detection equipment. If TSA so requires = by an=20 amendment to an aircraft operator's security program, each aircraft = operator=20 required to conduct screening under a security program must use an = explosives=20 detection system approved by TSA to screen checked baggage on = international=20 flights.

(b) Signs and inspection of photographic equipment and film. = (1) At=20 locations at which an aircraft operator or TSA uses an explosives = detection=20 system that uses X-ray technology to inspect checked baggage the = aircraft=20 operator must ensure that a sign is posted in a conspicuous place where = the=20 aircraft operator accepts checked baggage. The sign must notify = individuals that=20 such items are being inspected by an explosives detection system and = advise them=20 to remove all X-ray, scientific, and high-speed film from checked = baggage before=20 inspection. This sign must also advise individuals that they may request = that an=20 inspection be made of their photographic equipment and film packages = without=20 exposure to an explosives detection system.

(2) If the explosives detection system exposes any checked baggage to = more=20 than one milliroentgen during the inspection the aircraft operator must = post a=20 sign which advises individuals to remove film of all kinds from their = articles=20 before inspection. If requested by individuals, their photographic = equipment and=20 film packages must be inspected without exposure to an explosives = detection=20 system.

=A7 1544.215 Security coordinators.

= = =20 top=20

(a) Aircraft Operator Security Coordinator. Each aircraft = operator=20 must designate and use an Aircraft Operator Security Coordinator (AOSC). = The=20 AOSC and any alternates must be appointed at the corporate level and = must serve=20 as the aircraft operator's primary contact for security-related = activities and=20 communications with TSA, as set forth in the security program. Either = the AOSC,=20 or an alternate AOSC, must be available on a 24-hour basis.

(b) Ground Security Coordinator. Each aircraft operator must = designate=20 and use a Ground Security Coordinator for each domestic and = international flight=20 departure to carry out the Ground Security Coordinator duties specified = in the=20 aircraft operator's security program. The Ground Security Coordinator at = each=20 airport must conduct the following daily:

(1) A review of all security-related functions for which the aircraft = operator is responsible, for effectiveness and compliance with this = part, the=20 aircraft operator's security program, and applicable Security = Directives.

(2) Immediate initiation of corrective action for each instance of=20 noncompliance with this part, the aircraft operator's security program, = and=20 applicable Security Directives. At foreign airports where such security = measures=20 are provided by an agency or contractor of a host government, the = aircraft=20 operator must notify TSA for assistance in resolving noncompliance = issues.

(c) In-flight Security Coordinator. Each aircraft operator = must=20 designate and use the pilot in command as the In-flight Security = Coordinator for=20 each domestic and international flight to perform duties specified in = the=20 aircraft operator's security program.

=A7 1544.217 Law enforcement = personnel.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

(a) The following applies to operations at airports within the United = States=20 that are not required to hold a security program under part 1542 of this = chapter.

(1) For operations described in =A71544.101(a) each aircraft operator = must=20 provide for law enforcement personnel meeting the qualifications and = standards=20 specified in =A7=A71542.215 and 1542.217 of this chapter.

(2) For operations described in =A71544.101(b) or (c) each aircraft = operator=20 must=97

(i) Arrange for law enforcement personnel meeting the qualifications = and=20 standards specified in =A71542.217 of this chapter to be available to = respond to=20 an incident; and

(ii) Provide its employees, including crewmembers, current = information=20 regarding procedures for obtaining law enforcement assistance at that=20 airport.

(b) The following applies to operations at airports required to hold = security=20 programs under part 1542 of this chapter. For operations described in=20 =A71544.101(c), each aircraft operator must=97

(1) Arrange with TSA and the airport operator, as appropriate, for = law=20 enforcement personnel meeting the qualifications and standards specified = in=20 =A71542.217 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=20 airport.

=A7 1544.219 Carriage of accessible = weapons.

= = =20 top=20

(a) Flights for which screening is conducted. The provisions = of=20 =A71544.201(d), with respect to accessible weapons, do not apply to a = law=20 enforcement officer (LEO) aboard a flight for which screening is = required if the=20 requirements of this section are met. Paragraph (a) of this section does = not=20 apply to a Federal Air Marshal on duty status under =A71544.223.

(1) Unless otherwise authorized by TSA, the armed LEO must meet the = following=20 requirements:

(i) Be a Federal law enforcement officer or a full-time municipal, = county, or=20 state law enforcement officer who is a direct employee of a government=20 agency.

(ii) Be sworn and commissioned to enforce criminal statutes or = immigration=20 statutes.

(iii) Be authorized by the employing agency to have the weapon in = connection=20 with assigned duties.

(iv) Has completed the training program =93Law Enforcement Officers = Flying=20 Armed.=94

(2) In addition to the requirements of paragraph (a)(1) of this = section, the=20 armed LEO must have a need to have the weapon accessible from the time = he or she=20 would otherwise check the weapon until the time it would be claimed = after=20 deplaning. The need to have the weapon accessible must be determined by = the=20 employing agency, department, or service and be based on one of the=20 following:

(i) The provision of protective duty, for instance, assigned to a = principal=20 or advance team, or on travel required to be prepared to engage in a = protective=20 function.

(ii) The conduct of a hazardous surveillance operation.

(iii) On official travel required to report to another location, = armed and=20 prepared for duty.

(iv) Employed as a Federal LEO, whether or not on official travel, = and armed=20 in accordance with an agency-wide policy governing that type of travel=20 established by the employing agency by directive or policy = statement.

(v) Control of a prisoner, in accordance with =A71544.221, or an = armed LEO on a=20 round trip ticket returning from escorting, or traveling to pick up, a=20 prisoner.

(vi) TSA Federal Air Marshal on duty status.

(3) The armed LEO must comply with the following notification=20 requirements:

(i) All armed LEOs must notify the aircraft operator of the flight(s) = on=20 which he or she needs to have the weapon accessible at least 1 hour, or = in an=20 emergency as soon as practicable, before departure.

(ii) Identify himself or herself to the aircraft operator by = presenting=20 credentials that include a clear full-face picture, the signature of the = armed=20 LEO, and the signature of the authorizing official of the agency, = service, or=20 department or the official seal of the agency, service, or department. A = badge,=20 shield, or similar device may not be used, or accepted, as the sole = means of=20 identification.

(iii) If the armed LEO is a State, county, or municipal law = enforcement=20 officer, he or she must present an original letter of authority, signed = by an=20 authorizing official from his or her employing agency, service or = department,=20 confirming the need to travel armed and detailing the itinerary of the = travel=20 while armed.

(iv) If the armed LEO is an escort for a foreign official then this = paragraph=20 (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),=20 (iii), and (iv) of this section.

(ii) Advise the armed LEO, before boarding, of the aircraft = operator's=20 procedures for carrying out this section.

(iii) Have the LEO confirm he/she has completed the training program = =93Law=20 Enforcement Officers Flying Armed=94 as required by TSA, unless = otherwise=20 authorized by TSA.

(iv) Ensure that the identity of the armed LEO is known to the = appropriate=20 personnel who are responsible for security during the boarding of the=20 aircraft.

(v) Notify the pilot in command and other appropriate crewmembers, of = the=20 location of each armed LEO aboard the aircraft. Notify any other armed = LEO of=20 the location of each armed LEO, including FAM's. Under circumstances = described=20 in the security program, the aircraft operator must not close the doors = until=20 the notification is complete.

(vi) Ensure that the information required in paragraphs (a)(3)(i) and = (ii) of=20 this section is furnished to the flight crew of each additional = connecting=20 flight by the Ground Security Coordinator or other designated agent at = each=20 location.

(b) Flights for which screening is not conducted. The = provisions of=20 =A71544.201(d), with respect to accessible weapons, do not apply to a = LEO aboard a=20 flight for which screening is not required if the requirements of = paragraphs=20 (a)(1), (3), and (4) of this section are met.

(2) No armed LEO may:

(i) Consume any alcoholic beverage while aboard an aircraft operated = by an=20 aircraft operator.

(ii) Board an aircraft armed if they have consumed an alcoholic = beverage=20 within the previous 8 hours.

(d) Location of weapon. (1) Any individual traveling aboard an = aircraft while armed must at all times keep their weapon:

(i) Concealed and out of view, either on their person or in immediate = reach,=20 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.

=A7 1544.221 Carriage of prisoners under the = control of=20 armed law enforcement officers.

= = =20 top=20

(a) This section applies as follows:

(1) This section applies to the transport of prisoners under the = escort of an=20 armed law enforcement officer.

(2) This section does not apply to the carriage of passengers under = voluntary=20 protective escort.

(3) This section does not apply to the escort of non-violent = detainees of the=20 Immigration and Naturalization Service. This section does not apply to=20 individuals who may be traveling with a prisoner and armed escort, such = as the=20 family of a deportee who is under armed escort.

(b) For the purpose of this section:

(1) =93High risk prisoner=94 means a prisoner who is an exceptional = escape risk,=20 as determined by the law enforcement agency, and charged with, or = convicted of,=20 a violent crime.

(2) =93Low risk prisoner=94 means any prisoner who has not been = designated as=20 =93high risk.=94

(c) No aircraft operator may carry a prisoner in the custody of an = armed law=20 enforcement officer aboard an aircraft for which screening is required = unless,=20 in addition to the requirements in =A71544.219, the following = requirements are=20 met:

(1) The agency responsible for control of the prisoner has determined = whether=20 the prisoner is considered a high risk or a low risk.

(2) Unless otherwise authorized by TSA, no more than one high risk = prisoner=20 may be carried on the aircraft.

(d) No aircraft operator may carry a prisoner in the custody of an = armed law=20 enforcement officer aboard an aircraft for which screening is required = unless=20 the following staffing requirements are met:

(1) A minimum of one armed law enforcement officer must control a low = risk=20 prisoner on a flight that is scheduled for 4 hours or less. One armed = law=20 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=20 prisoner on a flight that is scheduled for more than 4 hours. Two armed = law=20 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=20 enforcement officers must control a high risk prisoner. No other = prisoners may=20 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=20 flight under paragraph (c)(2) of this section, a minimum of one armed = law=20 enforcement officer for each prisoner and one additional armed law = enforcement=20 officer must control the prisoners. No other prisoners may be under the = control=20 of those armed law enforcement officers.

(e) An armed law enforcement officer who is escorting a = prisoner=97

(1) Must notify the aircraft operator at least 24 hours before the = scheduled=20 departure, or, if that is not possible as far in advance as possible of = the=20 following=97

(i) The identity of the prisoner to be carried and the flight on = which it is=20 proposed to carry the prisoner; and

(ii) Whether or not the prisoner is considered to be a high risk or a = low=20 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=20 under the control of the officer(s) has been searched and does not have = on or=20 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=20 control while aboard the aircraft.

(f) No aircraft operator may carry a prisoner in the custody of an = armed law=20 enforcement officer aboard an aircraft unless the following are met:

(1) When practicable, the prisoner must be boarded before any other = boarding=20 passengers and deplaned after all other deplaning passengers.

(2) The prisoner must be seated in a seat that is neither located in = any=20 passenger lounge area nor located next to or directly across from any = exit and,=20 when practicable, the aircraft operator should seat the prisoner in the = rearmost=20 seat of the passenger cabin.

(g) Each armed law enforcement officer escorting a prisoner and each = aircraft=20 operator must ensure that the prisoner is restrained from full use of = his or her=20 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=20 enforcement officer=97

(1) With food or beverage or metal eating utensils unless authorized = to do so=20 by the armed law enforcement officer.

(2) With any alcoholic beverage.

=A7 1544.223 Transportation of Federal Air=20 Marshals.

= = =20 top=20

(a) A Federal Air Marshal on duty status may have a weapon accessible = while=20 aboard an aircraft for which screening is required.

(b) Each aircraft operator must carry Federal Air Marshals, in the = number and=20 manner specified by TSA, on each scheduled passenger operation, and = public=20 charter passenger operation designated by TSA.

(c) Each Federal Air Marshal must be carried on a first priority = basis and=20 without charge while on duty, including positioning and repositioning = flights.=20 When a Federal Air Marshal is assigned to a scheduled flight that is = canceled=20 for any reason, the aircraft operator must carry that Federal Air = Marshal=20 without charge on another flight as designated by TSA.

(d) Each aircraft operator must assign the specific seat requested by = a=20 Federal Air Marshal who is on duty status. If another LEO is assigned to = that=20 seat or requests that seat, the aircraft operator must inform the = Federal Air=20 Marshal. The Federal Air Marshal will coordinate seat assignments with = the other=20 LEO.

(e) The Federal Air Marshal identifies himself or herself to the = aircraft=20 operator by presenting credentials that include a clear, full-face = picture, the=20 signature of the Federal Air Marshal, and the signature of the FAA=20 Administrator. A badge, shield, or similar device may not be used or = accepted as=20 the sole means of identification.

(f) The requirements of =A71544.219(a) do not apply for a Federal Air = Marshal=20 on duty status.

(g) Each aircraft operator must restrict any information concerning = the=20 presence, seating, names, and purpose of Federal Air Marshals at any = station or=20 on any flight to those persons with an operational need to know.

(h) Law enforcement officers authorized to carry a weapon during a = flight=20 will be contacted directly by a Federal Air Marshal who is on that same=20 flight.

=A7 1544.225 Security of aircraft and=20 facilities.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30510, May 26, 2006.

Each aircraft operator must use the procedures included, and the = facilities=20 and equipment described, in its security program to perform the = following=20 control functions with respect to each aircraft operation:

(a) Prevent unauthorized access to areas controlled by the aircraft = operator=20 under an exclusive area agreement in accordance with =A71542.111 of this = chapter.

(b) Prevent unauthorized access to each aircraft.

(c) Conduct a security inspection of each aircraft before placing it = into=20 passenger operations if access has not been controlled in accordance = with the=20 aircraft operator security program and as otherwise required in the = security=20 program.

=A7 1544.227 Exclusive area = agreement.

= = =20 top=20

(a) An aircraft operator that has entered into an exclusive area = agreement=20 with an airport operator, under =A71542.111 of this chapter must carry = out that=20 exclusive area agreement.

(b) The aircraft operator must list in its security program the = locations at=20 which it has entered into exclusive area agreements with an airport=20 operator.

(d) Any exclusive area agreements in effect on November 14, 2001, = must meet=20 the requirements of this section and =A71542.111 of this chapter no = later than=20 November 14, 2002.

=A7 1544.228 XXX

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30511, May 26, 2006.

Link to = a=20 correction published at 71 FR 31964, Jun 2, 2006.

=A7 1544.229 Fingerprint-based criminal = history records=20 checks (CHRC): Unescorted access authority, authority to perform = screening=20 functions, and authority to perform checked baggage or cargo=20 functions.

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30511, May 26, 2006.

(a) Scope. The following individuals are within the scope of = this=20 section. Unescorted access authority, authority to perform screening = functions,=20 and authority to perform checked baggage or cargo functions, are = collectively=20 referred to as =93covered functions.=94

(1) New unescorted access authority or authority to perform = screening=20 functions. (i) Each employee or contract employee covered under a=20 certification made to an airport operator on or after December 6, 2001, = pursuant=20 to 14 CFR 107.209(n) in effect prior to November 14, 2001 (see 14 CFR = Parts 60=20 to 139 revised as of January 1, 2001) or =A71542.209(n) of this = chapter.

(ii) Each individual issued on or after December 6, 2001, an aircraft = operator identification media that one or more airports accepts as=20 airport-approved media for unescorted access authority within a security = identification display area (SIDA), as described in =A71542.205 of this = chapter=20 (referred to as =93unescorted access authority=94).

(iii) Each individual, on or after December 6, 2001, granted = authority to=20 perform the following screening functions at locations within the United = States=20 (referred to as =93authority to perform screening functions=94)=97

(A) Screening passengers or property that will be carried in a cabin = of an=20 aircraft of an aircraft operator required to screen passengers under = this=20 part.

(B) Serving as an immediate supervisor (checkpoint security = supervisor=20 (CSS)), and the next supervisory level (shift or site supervisor), to = those=20 individuals described in paragraph (a)(1)(iii)(A) of this section.

(2) Current unescorted access authority or authority to perform = screening=20 functions. (i) Each employee or contract employee covered under a=20 certification made to an airport operator pursuant to 14 CFR 107.31(n) = in effect=20 prior to November 14, 2001 (see 14 CFR Parts 60 to 139 revised as of = January 1,=20 2001), or pursuant to 14 CFR 107.209(n) in effect prior to December 6, = 2001 (see=20 14 CFR Parts 60 to 139 revised as of January 1, 2001).

(ii) Each individual who holds on December 6, 2001, an aircraft = operator=20 identification media that one or more airports accepts as = airport-approved media=20 for unescorted access authority within a security identification display = area=20 (SIDA), as described in =A71542.205 of this chapter.

(iii) Each individual who is performing on December 6, 2001, a = screening=20 function identified in paragraph (a)(1)(iii) of this section.

(3) New authority to perform checked baggage or cargo = functions. Each=20 individual who, on and after February 17, 2002, is granted the authority = to=20 perform the following checked baggage and cargo functions (referred to = as=20 =93authority to perform checked baggage or cargo functions=94), except = for=20 individuals described in paragraph (a)(1) of this section:

(i) Screening of checked baggage or cargo of an aircraft operator = required to=20 screen passengers under this part, or serving as an immediate supervisor = of such=20 an individual.

(ii) Accepting checked baggage for transport on behalf of an aircraft = operator required to screen passengers under this part.

(4) Current authority to perform checked baggage or cargo = functions.=20 Each individual who holds on February 17, 2002, authority to perform = checked=20 baggage or cargo functions, except for individuals described in = paragraph (a)(1)=20 or (2) of this section.

(b) Individuals seeking unescorted access authority, authority to = perform=20 screening functions, or authority to perform checked baggage or cargo=20 functions. Each aircraft operator must ensure that each individual=20 identified in paragraph (a)(1) or (3) of this section has undergone a=20 fingerprint-based CHRC that does not disclose that he or she has a = disqualifying=20 criminal offense, as described in paragraph (d) of this section, = before=97

(1) Making a certification to an airport operator regarding that=20 individual;

(2) Issuing an aircraft operator identification medium to that=20 individual;

(3) Authorizing that individual to perform screening functions; = or

(4) Authorizing that individual to perform checked baggage or cargo=20 functions.

(c) Individuals who have not had a CHRC=97(1) Deadline for = conducting=20 a CHRC. Each aircraft operator must ensure that, on and after = December 6,=20 2002:

(i) No individual retains unescorted access authority, whether = obtained as a=20 result of a certification to an airport operator under 14 CFR 107.31(n) = in=20 effect prior to November 14, 2001 (see 14 CFR parts 60 to 139 revised as = of=20 January 1, 2001), or under 14 CFR 107.209(n) in effect prior to December = 6, 2001=20 (see 14 CFR Parts 60 to 139 revised as of January 1, 2001), or obtained = as a=20 result of the issuance of an aircraft operator's identification media, = unless=20 the individual has been subject to a fingerprint-based CHRC for = unescorted=20 access authority under this part.

(ii) No individual continues to have authority to perform screening = functions=20 described in paragraph (a)(1)(iii) of this section, unless the = individual has=20 been subject to a fingerprint-based CHRC under this part.

(iii) No individual continues to have authority to perform checked = baggage or=20 cargo functions described in paragraph (a)(3) of this section, unless = the=20 individual has been subject to a fingerprint-based CHRC under this = part.

(2) Lookback for individuals with unescorted access authority or = authority=20 to perform screening functions. When a CHRC discloses a = disqualifying=20 criminal offense for which the conviction or finding was on or after = December 6,=20 1991, the aircraft operator must immediately suspend that individual's=20 unescorted access authority or authority to perform screening = functions.

(3) Lookback for individuals with authority to perform checked = baggage or=20 cargo functions. When a CHRC discloses a disqualifying criminal = offense for=20 which the conviction or finding was on or after February 17, 1992, the = aircraft=20 operator must immediately suspend that individual's authority to perform = checked=20 baggage or cargo functions.

(d) Disqualifying criminal offenses. An individual has a = disqualifying=20 criminal offense if the individual has been convicted, or found not = guilty by=20 reason of insanity, of any of the disqualifying crimes listed in this = paragraph=20 in any jurisdiction during the 10 years before the date of the = individual's=20 application for authority to perform covered functions, or while the = individual=20 has authority to perform covered functions. The disqualifying criminal = offenses=20 are as follows:

(1) Forgery of certificates, false marking of aircraft, and other = aircraft=20 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.=20 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=20 States; 49 U.S.C. 46502(b).

(10) Lighting violations involving transporting controlled = substances; 49=20 U.S.C. 46315.

(11) Unlawful entry into an aircraft or airport area that serves air = carriers=20 or foreign air carriers contrary to established security requirements; = 49 U.S.C.=20 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=20 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=97

(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=20 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=20 paragraph (d).

(e) Fingerprint application and processing. (1) At the time of = fingerprinting, the aircraft operator must provide the individual to be=20 fingerprinted a fingerprint application that includes only the = following=97

(i) The disqualifying criminal offenses described in paragraph (d) of = this=20 section.

(ii) A statement that the individual signing the application does not = have a=20 disqualifying criminal offense.

(iii) A statement informing the individual that Federal regulations = under 49=20 CFR 1544.229 impose a continuing obligation to disclose to the aircraft = operator=20 within 24 hours if he or she is convicted of any disqualifying criminal = offense=20 that occurs while he or she has authority to perform a covered = function.

(iv) A statement reading, =93The information I have provided on this=20 application is true, complete, and correct to the best of my knowledge = and=20 belief and is provided in good faith. I understand that a knowing and = willful=20 false statement on this application can be punished by fine or = imprisonment or=20 both. (See section 1001 of Title 18 United States Code.)=94

(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=20 submitting his or her fingerprints.

(3) The aircraft operator must verify the identity of the individual = through=20 two forms of identification prior to fingerprinting, and ensure that the = printed=20 name on the fingerprint application is legible. At least one of the two = forms of=20 identification must have been issued by a government authority, and at = least one=20 must include a photo.

(4) The aircraft operator must:

(i) Advise the individual that a copy of the criminal record received = from=20 the FBI will be provided to the individual, if requested by the = individual in=20 writing; and

(ii) Identify a point of contact if the individual has questions = about the=20 results of the CHRC.

(5) The aircraft operator must collect, control, and process one set = of=20 legible and classifiable fingerprints under direct observation by the = aircraft=20 operator or a law enforcement officer.

(6) Fingerprints may be obtained and processed electronically, or = recorded on=20 fingerprint cards approved by the FBI and distributed by TSA for that=20 purpose.

(7) The fingerprint submission must be forwarded to TSA in the manner = specified by TSA.

(f) Fingerprinting fees. Aircraft operators must pay for all=20 fingerprints in a form and manner approved by TSA. The payment must be = made at=20 the designated rate (available from the local TSA security office) for = each set=20 of fingerprints submitted. Information about payment options is = available though=20 the designated TSA headquarters point of contact. Individual personal = checks are=20 not acceptable.

(g) Determination of arrest status. (1) When a CHRC on an = individual=20 described in paragraph (a)(1) or (3) of this section discloses an arrest = for any=20 disqualifying criminal offense listed in paragraph (d) of this section = without=20 indicating a disposition, the aircraft operator must determine, after=20 investigation, that the arrest did not result in a disqualifying offense = before=20 granting authority to perform a covered function. If there is no = disposition, or=20 if the disposition did not result in a conviction or in a finding of not = guilty=20 by reason of insanity of one of the offenses listed in paragraph (d) of = this=20 section, the individual is not disqualified under this section.

(2) When a CHRC on an individual described in paragraph (a)(2) or (4) = of this=20 section discloses an arrest for any disqualifying criminal offense = without=20 indicating a disposition, the aircraft operator must suspend the = individual's=20 authority to perform a covered function not later than 45 days after = obtaining=20 the CHRC unless the aircraft operator determines, after investigation, = that the=20 arrest did not result in a disqualifying criminal offense. If there is = no=20 disposition, or if the disposition did not result in a conviction or in = a=20 finding of not guilty by reason of insanity of one of the offenses = listed in=20 paragraph (d) of this section, the individual is not disqualified under = this=20 section.

(3) The aircraft operator may only make the determinations required = in=20 paragraphs (g)(1) and (g)(2) of this section for individuals for whom it = is=20 issuing, or has issued, authority to perform a covered function; and = individuals=20 who are covered by a certification from an aircraft operator under = =A71542.209(n)=20 of this chapter. The aircraft operator may not make determinations for=20 individuals described in =A71542.209(a) of this chapter.

(h) Correction of FBI records and notification of = disqualification.=20 (1) Before making a final decision to deny authority to an individual = described=20 in paragraph (a)(1) or (3) of this section, the aircraft operator must = advise=20 him or her that the FBI criminal record discloses information that would = disqualify him or her from receiving or retaining authority to perform a = covered=20 function and provide the individual with a copy of the FBI record if he = or she=20 requests it.

(2) The aircraft operator must notify an individual that a final = decision has=20 been made to grant or deny authority to perform a covered function.

(3) Immediately following the suspension of authority to perform a = covered=20 function, the aircraft operator must advise the individual that the FBI = criminal=20 record discloses information that disqualifies him or her from retaining = his or=20 her authority, and provide the individual with a copy of the FBI record = if he or=20 she requests it.

(i) Corrective action by the individual. The individual may = contact=20 the local jurisdiction responsible for the information and the FBI to = complete=20 or correct the information contained in his or her record, subject to = the=20 following conditions=97

(1) For an individual seeking unescorted access authority or = authority to=20 perform screening functions on or after December 6, 2001; or an = individual=20 seeking authority to perform checked baggage or cargo functions on or = after=20 February 17, 2002; the following applies:

(i) Within 30 days after being advised that the criminal record = received from=20 the FBI discloses a disqualifying criminal offense, the individual must = notify=20 the aircraft operator in writing of his or her intent to correct any = information=20 he or she believes to be inaccurate. The aircraft operator must obtain a = copy,=20 or accept a copy from the individual, of the revised FBI record or a = certified=20 true copy of the information from the appropriate court, prior to = authority to=20 perform a covered function.

(ii) If no notification, as described in paragraph (h)(1) of this = section, is=20 received within 30 days, the aircraft operator may make a final = determination to=20 deny authority to perform a covered function.

(2) For an individual with unescorted access authority or authority = to=20 perform screening functions before December 6, 2001; or an individual = with=20 authority to perform checked baggage or cargo functions before February = 17,=20 2002; the following applies: Within 30 days after being advised of = suspension=20 because the criminal record received from the FBI discloses a = disqualifying=20 criminal offense, the individual must notify the aircraft operator in = writing of=20 his or her intent to correct any information he or she believes to be=20 inaccurate. The aircraft operator must obtain a copy, or accept a copy = from the=20 individual, of the revised FBI record, or a certified true copy of the=20 information from the appropriate court, prior to reinstating authority = to=20 perform a covered function.

(j) Limits on dissemination of results. Criminal record = information=20 provided by the FBI may be used only to carry out this section and = =A71542.209 of=20 this chapter. No person may disseminate the results of a CHRC to anyone = other=20 than:

(1) The individual to whom the record pertains, or that individual's=20 authorized representative.

(2) Officials of airport operators who are determining whether to = grant=20 unescorted access to the individual under part 1542 of this chapter when = the=20 determination is not based on the aircraft operator's certification = under=20 =A71542.209(n) of this chapter.

(3) Other aircraft operators who are determining whether to grant = authority=20 to perform a covered function under this part.

(4) Others designated by TSA.

(k) Recordkeeping. The aircraft operator must maintain the = following=20 information.

(1) Investigation conducted before December 6, 2001. The = aircraft=20 operator must maintain and control the access or employment history=20 investigation files, including the criminal history records results = portion, for=20 investigations conducted before December 6, 2001.

(2) Fingerprint application process on or after December 6, = 2001. The=20 aircraft operator must physically maintain, control, and, as = appropriate,=20 destroy the fingerprint application and the criminal record. Only direct = aircraft operator employees may carry out the responsibility for = maintaining,=20 controlling, and destroying criminal records.

(3) Protection of records=97all investigations. The records = required by=20 this section must be maintained in a manner that is acceptable to TSA = and in a=20 manner that protects the confidentiality of the individual.

(4) Duration=97all investigations. The records identified in = this=20 section with regard to an individual must be maintained until 180 days = after the=20 termination of the individual's authority to perform a covered function. = When=20 files are no longer maintained, the criminal record must be = destroyed.

(l) Continuing responsibilities. (1) Each individual with = unescorted=20 access authority or the authority to perform screening functions on = December 6,=20 2001, who had a disqualifying criminal offense in paragraph (d) of this = section=20 on or after December 6, 1991, must, by January 7, 2002, report the = conviction to=20 the aircraft operator and surrender the SIDA access medium to the issuer = and=20 cease performing screening functions, as applicable.

(2) Each individual with authority to perform a covered function who = has a=20 disqualifying criminal offense must report the offense to the aircraft = operator=20 and surrender the SIDA access medium to the issuer within 24 hours of = the=20 conviction or the finding of not guilty by reason of insanity.

(3) If information becomes available to the aircraft operator = indicating that=20 an individual with authority to perform a covered function has a = possible=20 conviction for any disqualifying criminal offense in paragraph (d) of = this=20 section, the aircraft operator must determine the status of the = conviction. If a=20 disqualifying criminal offense is confirmed the aircraft operator must=20 immediately revoke any authority to perform a covered function.

(4) Each individual with authority to perform checked baggage or = cargo=20 functions on February 17, 2002, who had a disqualifying criminal offense = in=20 paragraph (d) of this section on or after February 17, 1992, must, by = March 25=20 2002, report the conviction to the aircraft operator and cease = performing check=20 baggage or cargo functions.

(m) Aircraft operator responsibility. The aircraft operator = must=97

(1) Designate an individual(s) to be responsible for maintaining and=20 controlling the employment history investigations for those whom the = aircraft=20 operator has made a certification to an airport operator under 14 CFR = 107.209(n)=20 in effect prior to November 14, 2001 (see 14 CFR Parts 60 to 139 revised = as of=20 January 1, 2001), and for those whom the aircraft operator has issued=20 identification media that are airport-accepted. The aircraft operator = must=20 designate a direct employee to maintain, control, and, as appropriate, = destroy=20 criminal records.

(2) Designate an individual(s) to maintain the employment history=20 investigations of individuals with authority to perform screening = functions=20 whose files must be maintained at the location or station where the = screener is=20 performing his or her duties.

(3) Designate an individual(s) at appropriate locations to serve as = the=20 contact to receive notification from individuals seeking authority to = perform=20 covered functions of their intent to seek correction of their FBI = criminal=20 record.

(4) Audit the employment history investigations performed in = accordance with=20 this section and 14 CFR 108.33 in effect prior to November 14, 2001 (see = 14 CFR=20 Parts 60 to 139 revised as of January 1, 2001). The aircraft operator = must set=20 forth the audit procedures in its security program.

=A7 1544.230 Fingerprint-based criminal = history records=20 checks (CHRC): Flightcrew members.

= = =20 top=20

(a) Scope. This section applies to each flightcrew member for = each=20 aircraft operator, except that this section does not apply to flightcrew = members=20 who are subject to =A71544.229.

(b) CHRC required. Each aircraft operator must ensure that = each=20 flightcrew member has undergone a fingerprint-based CHRC that does not = disclose=20 that he or she has a disqualifying criminal offense, as described in=20 =A71544.229(d), before allowing that individual to serve as a flightcrew = member.

(c) Application and fees. Each aircraft operator must ensure = that each=20 flightcrew member's fingerprints are obtained and submitted as described = in=20 =A71544.229 (e) and (f).

(d) Determination of arrest status. (1) When a CHRC on an = individual=20 described in paragraph (a) of this section discloses an arrest for any=20 disqualifying criminal offense listed in =A71544.229(d) without = indicating a=20 disposition, the aircraft operator must determine, after investigation, = that the=20 arrest did not result in a disqualifying offense before the individual = may serve=20 as a flightcrew member. If there is no disposition, or if the = disposition did=20 not result in a conviction or in a finding of not guilty by reason of = insanity=20 of one of the offenses listed in =A71544.229(d), the flight crewmember = is not=20 disqualified under this section.

(2) When a CHRC on an individual described in paragraph (a) of this = section=20 discloses an arrest for any disqualifying criminal offense listed in=20 =A71544.229(d) without indicating a disposition, the aircraft operator = must=20 suspend the individual's flightcrew member privileges not later than 45 = days=20 after obtaining a CHRC, unless the aircraft operator determines, after=20 investigation, that the arrest did not result in a disqualifying = criminal=20 offense. If there is no disposition, or if the disposition did not = result in a=20 conviction or in a finding of not guilty by reason of insanity of one of = the=20 offenses listed in =A71544.229(d), the flight crewmember is not = disqualified under=20 this section.

(3) The aircraft operator may only make the determinations required = in=20 paragraphs (d)(1) and (d)(2) of this section for individuals whom it is = using,=20 or will use, as a flightcrew member. The aircraft operator may not make=20 determinations for individuals described in =A71542.209(a) of this = chapter.

(e) Correction of FBI records and notification of = disqualification.=20 (1) Before making a final decision to deny the individual the ability to = serve=20 as a flightcrew member, the aircraft operator must advise the individual = that=20 the FBI criminal record discloses information that would disqualify the=20 individual from serving as a flightcrew member and provide the = individual with a=20 copy of the FBI record if the individual requests it.

(2) The aircraft operator must notify the individual that a final = decision=20 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=20 discloses information that disqualifies him or her from retaining his or = her=20 flightcrew member status, and provide the individual with a copy of the = FBI=20 record if he or she requests it.

(f) Corrective action by the individual. The individual may = contact=20 the local jurisdiction responsible for the information and the FBI to = complete=20 or correct the information contained in his or her record, subject to = the=20 following conditions=97

(1) Within 30 days after being advised that the criminal record = received from=20 the FBI discloses a disqualifying criminal offense, the individual must = notify=20 the aircraft operator in writing of his or her intent to correct any = information=20 he or she believes to be inaccurate. The aircraft operator must obtain a = copy,=20 or accept a copy from the individual, of the revised FBI record or a = certified=20 true copy of the information from the appropriate court, prior to = allowing the=20 individual to serve as a flightcrew member.

(2) If no notification, as described in paragraph (f)(1) of this = section, is=20 received within 30 days, the aircraft operator may make a final = determination to=20 deny the individual flightcrew member status.

(g) Limits on the dissemination of results. Criminal record=20 information provided by the FBI may be used only to carry out this = section. No=20 person may disseminate the results of a CHRC to anyone other than=97

(1) The individual to whom the record pertains, or that individual's=20 authorized representative.

(2) Others designated by TSA.

(h) Recordkeeping=97(1) Fingerprint application = process. The=20 aircraft operator must physically maintain, control, and, as = appropriate,=20 destroy the fingerprint application and the criminal record. Only direct = aircraft operator employees may carry out the responsibility for = maintaining,=20 controlling, and destroying criminal records.

(2) Protection of records. The records required by this = section must=20 be maintained by the aircraft operator in a manner that is acceptable to = TSA=20 that protects the confidentiality of the individual.

(3) Duration. The records identified in this section with = regard to an=20 individual must be made available upon request by TSA, and maintained by = the=20 aircraft operator until 180 days after the termination of the = individual's=20 privileges to perform flightcrew member duties with the aircraft = operator. When=20 files are no longer maintained, the aircraft operator must destroy the = CHRC=20 results.

(i) Continuing responsibilities. (1) Each flightcrew member = identified=20 in paragraph (a) of this section who has a disqualifying criminal = offense must=20 report the offense to the aircraft operator within 24 hours of the = conviction or=20 the finding of not guilty by reason of insanity.

(2) If information becomes available to the aircraft operator = indicating that=20 a flightcrew member identified in paragraph (a) of this section has a = possible=20 conviction for any disqualifying criminal offense in =A71544.229 (d), = the aircraft=20 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) Aircraft operator responsibility. The aircraft operator = must=97(1)=20 Designate a direct employee to maintain, control, and, as appropriate, = destroy=20 criminal records.

(2) Designate an individual(s) to maintain the CHRC results.

(3) Designate an individual(s) at appropriate locations to receive=20 notification from individuals of their intent to seek correction of = their FBI=20 criminal record.

(k) Compliance date. Each aircraft operator must comply with = this=20 section for each flightcrew member described in paragraph (a) of this = section=20 not later than December 6, 2002.

[67 FR 8209, Feb. 22, 2002]

=A7 1544.231 Airport-approved and exclusive = area=20 personnel identification systems.

= = =20 top=20

(a) Each aircraft operator must establish and carry out a personnel=20 identification system for identification media that are = airport-approved, or=20 identification media that are issued for use in an exclusive area. The = system=20 must include the following:

(1) Personnel identification media that=97

(i) Convey a full face image, full name, employer, and identification = number=20 of the individual to whom the identification medium is issued;

(ii) Indicate clearly the scope of the individual's access and = movement=20 privileges;

(iii) Indicate clearly an expiration date; and

(iv) Are of sufficient size and appearance as to be readily = observable for=20 challenge purposes.

(2) Procedures to ensure that each individual in the secured area or = SIDA=20 continuously displays the identification medium issued to that = individual on the=20 outermost garment above waist level, or is under escort.

(3) Procedures to ensure accountability through the following:

(i) Retrieving expired identification media.

(ii) Reporting lost or stolen identification media.

(iii) Securing unissued identification media stock and supplies.

(iv) Auditing the system at a minimum of once a year, or sooner, as = necessary=20 to ensure the integrity and accountability of all identification = media.

(v) As specified in the aircraft operator security program, = revalidate the=20 identification system or reissue identification media if a portion of = all=20 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=20 a time. A replacement identification medium may only be issued if an = individual=20 declares in writing that the medium has been lost or stolen.

(b) The aircraft operator may request approval of a temporary = identification=20 media system that meets the standards in =A71542.211(b) of this chapter, = or may=20 arrange with the airport to use temporary airport identification media = in=20 accordance with that section.

(c) Each aircraft operator must submit a plan to carry out this = section to=20 TSA no later than May 13, 2002. Each aircraft operator must fully = implement its=20 plan no later than November 14, 2003.

=A7 1544.233 Security coordinators and = crewmembers,=20 training.

= = =20 top=20

(a) No aircraft operator may use any individual as a Ground Security=20 Coordinator unless, within the preceding 12-calendar months, that = individual has=20 satisfactorily completed the security training as specified in the = aircraft=20 operator's security program.

(b) No aircraft operator may use any individual as an in-flight = security=20 coordinator or crewmember on any domestic or international flight = unless, within=20 the preceding 12-calendar months or within the time period specified in = an=20 Advanced Qualifications Program approved under SFAR 58 in 14 CFR part = 121, that=20 individual has satisfactorily completed the security training required = by 14 CFR=20 121.417(b)(3)(v) or 135.331(b)(3)(v), and as specified in the aircraft=20 operator's security program.

(c) With respect to training conducted under this section, whenever = an=20 individual completes recurrent training within one calendar month = earlier, or=20 one calendar month after the date it was required, that individual is = considered=20 to have completed the training in the calendar month in which it was=20 required.

=A7 1544.235 Training and knowledge for = individuals with=20 security-related duties.

= = =20 top=20

(a) No aircraft operator may use any direct or contractor employee to = perform=20 any security-related duties to meet the requirements of its security = program=20 unless that individual has received training as specified in its = security=20 program including their individual responsibilities in =A71540.105 of = this=20 chapter.

(b) Each aircraft operator must ensure that individuals performing=20 security-related duties for the aircraft operator have knowledge of the=20 provisions of this part, applicable Security Directives and Information=20 Circulars, the approved airport security program applicable to their = location,=20 and the aircraft operator's security program to the extent that such = individuals=20 need to know in order to perform their duties.

=A7 1544.237 Flight deck = privileges.

= = =20 top=20

(a) For each aircraft that has a door to the flight deck, each = aircraft=20 operator must restrict access to the flight deck as provided in its = security=20 program.

(b) This section does not restrict access for an FAA air carrier = inspector,=20 an authorized representative of the National Transportation Safety = Board, or for=20 an Agent of the United States Secret Service, under 14 CFR parts 121, = 125, or=20 135. This section does not restrict access for a Federal Air Marshal = under this=20 part.

[67 FR 8210, Feb. 22, 2002]

=A7 1544.239 XXX

= = =20 top=20

Link to = an=20 amendment published at 71 FR 30511, May 26, 2006.

Subpart D=97Threat and Threat Response

= = =20 top

=A7 1544.301 Contingency plan.

= = =20 top=20

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=20 that appropriate persons are notified of any changes.

(c) Participate in an airport-sponsored exercise of the airport = contingency=20 plan or its equivalent, as provided in its security program.

=A7 1544.303 Bomb or air piracy = threats.

= = =20 top=20

(a) Flight: Notification. Upon receipt of a specific and = credible=20 threat to the security of a flight, the aircraft operator must=97

(1) Immediately notify the ground and in-flight security coordinators = of the=20 threat, any evaluation thereof, and any measures to be applied; and

(2) Ensure that the in-flight security coordinator notifies all = crewmembers=20 of the threat, any evaluation thereof, and any measures to be applied; = and

(3) Immediately notify the appropriate airport operator.

(b) Flight: Inspection. Upon receipt of a specific and = credible threat=20 to the security of a flight, each aircraft operator must attempt to = determine=20 whether or not any explosive or incendiary is present by doing the=20 following:

(1) Conduct a security inspection on the ground before the next = flight or, if=20 the aircraft is in flight, immediately after its next landing.

(2) If the aircraft is on the ground, immediately deplane all = passengers and=20 submit that aircraft to a security search.

(3) If the aircraft is in flight, immediately advise the pilot in = command of=20 all pertinent information available so that necessary emergency action = can be=20 taken.

(c) Ground facility. Upon receipt of a specific and credible = threat to=20 a specific ground facility at the airport, the aircraft operator = must:

(1) Immediately notify the appropriate airport operator.

(2) Inform all other aircraft operators and foreign air carriers at = the=20 threatened facility.

(3) Conduct a security inspection.

(d) Notification. Upon receipt of any bomb threat against the = security=20 of a flight or facility, or upon receiving information that an act or = suspected=20 act of air piracy has been committed, the aircraft operator also must = notify=20 TSA. If the aircraft is in airspace under other than U.S. jurisdiction, = the=20 aircraft operator must also notify the appropriate authorities of the = State in=20 whose territory the aircraft is located and, if the aircraft is in = flight, the=20 appropriate authorities of the State in whose territory the aircraft is = to land.=20 Notification of the appropriate air traffic controlling authority is = sufficient=20 action to meet this requirement.

=A7 1544.305 Security Directives and = Information=20 Circulars.

= = =20 top=20

(a) TSA may issue an Information Circular to notify aircraft = operators of=20 security concerns. When TSA determines that additional security measures = are=20 necessary to respond to a threat assessment or to a specific threat = against=20 civil aviation, TSA issues a Security Directive setting forth mandatory=20 measures.

(b) Each aircraft operator required to have an approved aircraft = operator=20 security program must comply with each Security Directive issued to the = aircraft=20 operator by TSA, within the time prescribed in the Security Directive = for=20 compliance.

(1) Within the time prescribed in the Security Directive, verbally=20 acknowledge receipt of the Security Directive to TSA.

(2) Within the time prescribed in the Security Directive, specify the = method=20 by which the measures in the Security Directive have been implemented = (or will=20 be implemented, if the Security Directive is not yet effective).

(d) In the event that the aircraft operator is unable to implement = the=20 measures in the Security Directive, the aircraft operator must submit = proposed=20 alternative measures and the basis for submitting the alternative = measures to=20 TSA for approval. The aircraft operator must submit the proposed = alternative=20 measures within the time prescribed in the Security Directive. The = aircraft=20 operator must implement any alternative measures approved by TSA.

(e) Each aircraft operator that receives a Security Directive may = comment on=20 the Security Directive by submitting data, views, or arguments in = writing to=20 TSA. TSA may amend the Security Directive based on comments received. = Submission=20 of a comment does not delay the effective date of the Security = Directive.

(f) Each aircraft operator that receives a Security Directive or = Information=20 Circular and each person who receives information from a Security = Directive or=20 Information Circular must:

(1) Restrict the availability of the Security Directive or = Information=20 Circular, and information contained in either document, to those persons = with an=20 operational need-to-know.

(2) Refuse to release the Security Directive or Information Circular, = and=20 information contained in either document, to persons other than those = with an=20 operational need-to-know without the prior written consent of TSA.

Subpart E=97Screener Qualifications When the Aircraft Operator = Performs=20 Screening

= = =20 top

=A7 1544.401 Applicability of this = subpart.

= = =20 top=20

(a) Aircraft operator screening. This subpart applies when the = aircraft operator is conducting inspections as provided in = =A71544.207(c).

(b) Current screeners. As used in this subpart, =93current = screener=94=20 means each individual who first performed screening functions before the = date=20 the aircraft operator must begin use of the new screener training = program=20 provided by TSA. Until November 19, 2002, each current screener must = comply with=20 =A71544.403. Until November 19, 2002, each aircraft operator must apply = =A71544.403=20 for each current screener. On and after November 19, 2002, each such = current=20 screener must comply with =A7=A71544.405 through 1544.411, and each = aircraft=20 operator must comply with =A7=A71544.405 through 1544.411 for such = individuals.

(c) New screeners. As used in this subpart, =93new screener=94 = means each=20 individual who first performs screening functions on and after the date = the=20 aircraft operator must begin use of the new screener training program = provided=20 by TSA. Each aircraft operator must apply =A7=A71544.405 through = 1544.411 for=20 individuals who first perform screening functions for new = screeners.

=A7 1544.403 Current screeners.

= = =20 top=20

This section applies to current screeners. This section no longer = applies on=20 and after November 19, 2002.

(a) No aircraft operator may use any person to perform any screening=20 function, unless that person has:

(1) A high school diploma, a General Equivalency Diploma, or a = combination of=20 education and experience that the aircraft operator has determined to = have=20 equipped the person to perform the duties of the position.

(2) Basic aptitudes and physical abilities including color = perception, visual=20 and aural acuity, physical coordination, and motor skills to the = following=20 standards:

(i) Screeners operating X-ray equipment must be able to distinguish = on the=20 X-ray monitor the appropriate imaging standard specified in the aircraft = operator's security program. Wherever the X-ray system displays colors, = the=20 operator must be able to perceive each color;

(ii) Screeners operating any screening equipment must be able to = distinguish=20 each color displayed on every type of screening equipment and explain = what each=20 color signifies;

(iii) Screeners must be able to hear and respond to the spoken voice = and to=20 audible alarms generated by screening equipment in an active checkpoint=20 environment;

(iv) Screeners performing physical searches or other related = operations must=20 be able to efficiently and thoroughly manipulate and handle such = baggage,=20 containers, and other objects subject to security processing; and

(v) Screeners who perform pat-downs or hand-held metal detector = searches of=20 persons must have sufficient dexterity and capability to thoroughly = conduct=20 those procedures over a person's entire body.

(3) The ability to read, speak, and write English well enough = to=97

(i) Carry out written and oral instructions regarding the proper = performance=20 of screening duties;

(ii) Read English language identification media, credentials, airline = tickets, and labels on items normally encountered in the screening = process;

(iii) Provide direction to and understand and answer questions from=20 English-speaking persons undergoing screening; and

(iv) Write incident reports and statements and log entries into = security=20 records in the English language.

(4) Satisfactorily completed all initial, recurrent, and appropriate=20 specialized training required by the aircraft operator's security = program,=20 except as provided in paragraph (b) of this section.

(b) The aircraft operator may use a person who has not completed the = training=20 required by paragraph (a)(4) of this section during the on-the-job = portion of=20 training to perform security functions provided that the person:

(1) Is closely supervised, and

(2) Does not make independent judgments as to whether persons or = property may=20 enter a sterile area or aircraft without further inspection.

(c) No aircraft operator must use a person to perform a screening = function=20 after that person has failed an operational test related to that = function until=20 that person has successfully completed the remedial training specified = in the=20 aircraft operator's security program.

(d) Each aircraft operator must ensure that a Ground Security = Coordinator=20 conducts and documents an annual evaluation of each individual assigned=20 screening duties and may continue that individual's employment in a = screening=20 capacity only upon the determination by the Ground Security Coordinator = that the=20 individual:

(1) Has not suffered a significant diminution of any physical ability = required to perform a screening function since the last evaluation of = those=20 abilities;

(2) Has a satisfactory record of performance and attention to duty = based on=20 the standards and requirements in its security program; and

(3) Demonstrates the current knowledge and skills necessary to = courteously,=20 vigilantly, and effectively perform screening functions.

(e) Paragraphs (a) through (d) of this section do not apply to those=20 screening functions conducted outside the United States over which the = aircraft=20 operator does not have operational control. In the event the aircraft = operator=20 is unable to implement paragraphs (a) through (d) of this section for = screening=20 functions outside the United States, the aircraft operator must notify = TSA of=20 those aircraft operator stations so affected.

(f) At locations outside the United States where the aircraft = operator has=20 operational control over a screening function, the aircraft operator may = use=20 screeners who do not meet the requirements of paragraph (a)(3) of this = section,=20 provided that at least one representative of the aircraft operator who = has the=20 ability to functionally read and speak English is present while the = aircraft=20 operator's passengers are undergoing security screening.

=A7 1544.405 New screeners: Qualifications of = screening=20 personnel.

= = =20 top=20

(a) No individual subject to this subpart may perform a screening = function=20 unless that individual has the qualifications described in = =A7=A71544.405 through=20 1544.411. No aircraft operator may use such an individual to perform a = screening=20 function unless that person complies with the requirements of = =A7=A71544.405 through=20 1544.411.

(b) A screener must have a satisfactory or better score on a screener = selection test administered by TSA.

(d) A screener must have a high school diploma, a General Equivalency = Diploma, or a combination of education and experience that the TSA has=20 determined to be sufficient for the individual to perform the duties of = the=20 position.

(e) A screener must have basic aptitudes and physical abilities = including=20 color perception, visual and aural acuity, physical coordination, and = motor=20 skills to the following standards:

(1) Screeners operating screening equipment must be able to = distinguish on=20 the screening equipment monitor the appropriate imaging standard = specified in=20 the aircraft operator's security program.

(2) Screeners operating any screening equipment must be able to = distinguish=20 each color displayed on every type of screening equipment and explain = what each=20 color signifies.

(3) Screeners must be able to hear and respond to the spoken voice = and to=20 audible alarms generated by screening equipment at an active screening=20 location.

(4) Screeners who perform physical searches or other related = operations must=20 be able to efficiently and thoroughly manipulate and handle such = baggage,=20 containers, cargo, and other objects subject to screening.

(5) Screeners who perform pat-downs or hand-held metal detector = searches of=20 individuals must have sufficient dexterity and capability to thoroughly = conduct=20 those procedures over an individual's entire body.

(f) A screener must have the ability to read, speak, and write = English well=20 enough to=97

(1) Carry out written and oral instructions regarding the proper = performance=20 of screening duties;

(2) Read English language identification media, credentials, airline = tickets,=20 documents, air waybills, invoices, and labels on items normally = encountered in=20 the screening process;

(3) Provide direction to and understand and answer questions from=20 English-speaking individuals undergoing screening; and

(4) Write incident reports and statements and log entries into = security=20 records in the English language.

(g) At locations outside the United States where the aircraft = operator has=20 operational control over a screening function, the aircraft operator may = use=20 screeners who do not meet the requirements of paragraph (f) of this = section,=20 provided that at least one representative of the aircraft operator who = has the=20 ability to functionally read and speak English is present while the = aircraft=20 operator's passengers are undergoing security screening. At such = locations the=20 aircraft operator may use screeners who are not United States = citizens.

=A7 1544.407 New screeners: Training, testing, = and=20 knowledge of individuals who perform screening functions.

= = =20 top=20

(a) Training required. Before performing screening functions, = an=20 individual must have completed initial, recurrent, and appropriate = specialized=20 training as specified in this section and the aircraft operator's = security=20 program. No aircraft operator may use any screener, screener in charge, = or=20 checkpoint security supervisor unless that individual has satisfactorily = completed the required training. This paragraph does not prohibit the=20 performance of screening functions during on-the-job training as = provided in=20 =A71544.409 (b).

(b) Use of training programs. Training for screeners must be = conducted=20 under programs provided by TSA. Training programs for = screeners-in-charge and=20 checkpoint security supervisors must be conducted in accordance with the = aircraft operator's security program.

(c) Classroom instruction. Each screener must complete at = least 40=20 hours of classroom instruction or successfully complete a program that = TSA=20 determines will train individuals to a level of proficiency equivalent = to the=20 level that would be achieved by such classroom instruction.

(d) Screener readiness test. Before beginning on-the-job = training, a=20 screener trainee must pass the screener readiness test prescribed by = TSA.

(e) On-the-job training and testing. Each screener must = complete at=20 least 60 hours of on-the-job training and must pass an on-the-job = training test=20 prescribed by TSA. No aircraft operator may permit a screener trainee to = exercise independent judgment as a screener, until the individual passes = an=20 on-the-job training test prescribed by TSA.

(f) Knowledge requirements. Each aircraft operator must ensure = that=20 individuals performing as screeners, screeners-in-charge, and checkpoint = security supervisors for the aircraft operator have knowledge of the = provisions=20 of this part, the aircraft operator's security program, and applicable = Security=20 Directives and Information Circulars to the extent necessary to perform = their=20 duties.

(g) Disclosure of sensitive security information during = training. The=20 aircraft operator may not permit a trainee to have access to sensitive = security=20 information during screener training unless a criminal history records = check has=20 successfully been completed for that individual in accordance with = =A71544.229,=20 and the individual has no disqualifying criminal offense.

=A7 1544.409 New screeners: Integrity of = screener=20 tests.

= = =20 top=20

(a) Cheating or other unauthorized conduct. (1) Except as = authorized=20 by the TSA, no person may=97

(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=20 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=20 prohibited by this paragraph (a).

(b) Administering and monitoring screener tests. (1) Each = aircraft=20 operator must notify TSA of the time and location at which it will = administer=20 each screener readiness test required under =A71544.405(d).

(2) Either TSA or the aircraft operator must administer and monitor = the=20 screener readiness test. Where more than one aircraft operator or = foreign air=20 carrier uses a screening location, TSA may authorize an employee of one = or more=20 of the aircraft operators or foreign air carriers to monitor the test = for a=20 trainee who will screen at that location.

(3) If TSA or a representative of TSA is not available to administer = and=20 monitor a screener readiness test, the aircraft operator must provide a = direct=20 employee to administer and monitor the screener readiness test.

(4) An aircraft operator employee who administers and monitors a = screener=20 readiness test must not be an instructor, screener, screener-in-charge,=20 checkpoint security supervisor, or other screening supervisor. The = employee must=20 be familiar with the procedures for administering and monitoring the = test and=20 must be capable of observing whether the trainee or others are engaging = in=20 cheating or other unauthorized conduct.

=A7 1544.411 New screeners: Continuing = qualifications=20 for screening personnel.

= = =20 top=20

(a) Impairment. No individual may perform a screening function = if he=20 or she shows evidence of impairment, such as impairment due to illegal = drugs,=20 sleep deprivation, medication, or alcohol.

(b) Training not complete. An individual who has not completed = the=20 training required by =A71544.405 may be deployed during the on-the-job = portion of=20 training to perform security functions provided that the = individual=97

(1) Is closely supervised; and

(2) Does not make independent judgments as to whether individuals or = property=20 may enter a sterile area or aircraft without further inspection.

(c) Failure of operational test. No aircraft operator may use = an=20 individual to perform a screening function after that individual has = failed an=20 operational test related to that function, until that individual has=20 successfully completed the remedial training specified in the aircraft=20 operator's security program.

(d) Annual proficiency review. Each individual assigned = screening=20 duties shall receive an annual evaluation. The aircraft operator must = ensure=20 that a Ground Security Coordinator conducts and documents an annual = evaluation=20 of each individual who performs screening functions. An individual who = performs=20 screening functions may not continue to perform such functions unless = the=20 evaluation demonstrates that the individual=97

(1) Continues to meet all qualifications and standards required to = perform a=20 screening function;

(2) Has a satisfactory record of performance and attention to duty = based on=20 the standards and requirements in the aircraft operator's security = program;=20 and

(3) Demonstrates the current knowledge and skills necessary to = courteously,=20 vigilantly, and effectively perform screening functions.

Browse=20 Previous | Browse=20 Next

Copyright =A9 Justia - No copyright claim is made = to any of=20 the government data on these pages.

Company :: Terms of Service :: Privacy = Policy :: Contact Us :: Have=20 a Happy Day!