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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 1542--AIRPORT SECURITY> PART 1542=97AIRPORT SECURITY

49 C.F.R. PART 1542=97AIRPORT SECURITY

Title 49 - Transportation =

Title 49:=20 Transportation

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PART 1542=97AIRPORT SECURITY

Section Contents

Subpart=20 A=97General
=A7 1542.1   Applicability=20 of this part.
=A7 1542.3   Airport=20 security coordinator.
=A7 1542.5   Inspection=20 authority.

Subpart=20 B=97Airport Security Program
=A7 1542.101   General=20 requirements.
=A7 1542.103   Content.
=A7 1542.105   Approval=20 and amendments.
=A7 1542.107   Changed=20 conditions affecting security.
=A7 1542.109   Alternate=20 means of compliance.
=A7 1542.111   Exclusive=20 area agreements.
=A7 1542.113   Airport=20 tenant security programs.

Subpart=20 C=97Operations
=A7 1542.201   Security=20 of the secured area.
=A7 1542.203   Security=20 of the air operations area (AOA).
=A7 1542.205   Security=20 of the security identification display area (SIDA).
=A7 1542.207   Access=20 control systems.
=A7 1542.209   Fingerprint-based=20 criminal history records checks (CHRC).
=A7 1542.211   Identification=20 systems.
=A7 1542.213   Training.
=A7 1542.215   Law=20 enforcement support.
=A7 1542.217   Law=20 enforcement personnel.
=A7 1542.219   Supplementing=20 law enforcement personnel.
=A7 1542.221   Records=20 of law enforcement response.

Subpart=20 D=97Contingency Measures
=A7 1542.301   Contingency=20 plan.
=A7 1542.303   Security=20 Directives and Information Circulars.
=A7 1542.305   Public=20 advisories.
=A7 1542.307   Incident=20 management.

Authority: 49 U.S.C. 114, 5103, = 40113,=20 44901=9644905, 44907, 44913=9644914, 44916=9644917, 44935=9644936, = 44942,=20 46105.=20

Source: 67 FR 8355, Feb. 22, 2002, = unless=20 otherwise noted.

Subpart A=97General

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=A7 1542.1 Applicability of this = part.

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Link to = an=20 amendment published at 71 FR 30509, May 26, 2006.

This part describes aviation security rules governing:

(a) The operation of airports regularly serving aircraft operations = required=20 to be under a security program under part 1544 of this chapter, as = described in=20 this part.

(b) The operation of airport regularly serving foreign air carrier = operations=20 required to be under a security program under part 1546 of this chapter, = as=20 described in this part.

(c) Each airport 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 the Designated official for Civil = Aviation=20 Security.

=A7 1542.3 Airport security = coordinator.

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(a) Each airport operator must designate one or more Airport Security = Coordinator(s) (ASC) in its security program.

(b) The airport operator must ensure that one or more ASCs:

(1) Serve as the airport operator's primary and immediate contact for = security-related activities and communications with TSA. Any individual=20 designated as an ASC may perform other duties in addition to those = described in=20 this paragraph (b).

(2) Is available to TSA on a 24-hour basis.

(3) Review with sufficient frequency all security-related functions = to ensure=20 that all are effective and in compliance with this part, its security = program,=20 and applicable Security Directives.

(4) Immediately initiate corrective action for any instance of = non-compliance=20 with this part, its security program, and applicable Security = Directives.

(5) Review and control the results of employment history, = verification, and=20 criminal history records checks required under =A71542.209.

(6) Serve as the contact to receive notification from individuals = applying=20 for unescorted access of their intent to seek correction of their = criminal=20 history record with the FBI.

(c) After July 17, 2003, no airport operator may use, nor may it = designate=20 any person as, an ASC unless that individual has completed subject = matter=20 training, as specified in its security program, to prepare the = individual to=20 assume the duties of the position. The airport operator must maintain = ASC=20 training documentation until at least 180 days after the withdrawal of = an=20 individual's designation as an ASC.

(d) An individual's satisfactory completion of initial ASC training = required=20 under paragraph (c) of this section satisfies that requirement for all = future=20 ASC designations for that individual, except for site specific = information,=20 unless there has been a two or more year break in service as an active = and=20 designated ASC.

=A7 1542.5 Inspection authority.

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Link to = an=20 amendment published at 71 FR 30509, May 26, 2006.

(a) Each airport 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 airport operator must provide = evidence of=20 compliance with this part and its airport 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 upon the completion of SIDA training as = required in a security program, each airport operator promptly must = issue to TSA=20 personnel access and identification media to provide TSA personnel with=20 unescorted access to, and movement within, secured areas, AOA's, and=20 SIDA's.

Subpart B=97Airport Security Program

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=A7 1542.101 General requirements.

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Link to = an=20 amendment published at 71 FR 30509, May 26, 2006.

(a) No person may operate an airport subject to this part unless it = adopts=20 and carries out a security program that=97

(1) Provides for the safety and security of persons and property on = an=20 aircraft operating in air transportation or intrastate air = transportation=20 against an act of criminal violence, aircraft piracy, and the = introduction of an=20 unauthorized weapon, explosive, or incendiary onto an aircraft;

(2) Is in writing and is signed by the airport operator;

(3) Includes the applicable items listed in =A71542.103;

(4) Includes an index organized in the same subject area sequence as=20 =A71542.103; and

(5) Has been approved by TSA.

(b) The airport operator must maintain one current and complete copy = of its=20 security program and provide a copy to TSA upon request.

(1) Restrict the distribution, disclosure, and availability of = sensitive=20 security information (SSI), as defined in part 1520 of this chapter, to = persons=20 with a need to know; and

(2) Refer all requests for SSI by other persons to TSA.

=A7 1542.103 Content.

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(a) Complete program. Except as otherwise approved by TSA, = each=20 airport operator regularly serving operations of an aircraft operator or = foreign=20 air carrier described in =A71544.101(a)(1) or =A71546.101(a) of this = chapter, must=20 include in its security program the following:

(1) The name, means of contact, duties, and training requirements of = the ASC=20 required under =A71542.3.

(2) [Reserved]

(3) A description of the secured areas, including=97

(i) A description and map detailing boundaries and pertinent = features;

(ii) Each activity or entity on, or adjacent to, a secured area that = affects=20 security;

(iii) Measures used to perform the access control functions required = under=20 =A71542.201(b)(1);

(iv) Procedures to control movement within the secured area, = including=20 identification media required under =A71542.201(b)(3); and

(v) A description of the notification signs required under=20 =A71542.201(b)(6).

(4) A description of the AOA, including=97

(i) A description and map detailing boundaries, and pertinent = features;

(ii) Each activity or entity on, or adjacent to, an AOA that affects=20 security;

(iii) Measures used to perform the access control functions required = under=20 =A71542.203(b)(1);

(iv) Measures to control movement within the AOA, including = identification=20 media as appropriate; and

(v) A description of the notification signs required under=20 =A71542.203(b)(4).

(5) A description of the SIDA's, including=97

(i) A description and map detailing boundaries and pertinent = features;=20 and

(ii) Each activity or entity on, or adjacent to, a SIDA.

(6) A description of the sterile areas, including=97

(i) A diagram with dimensions detailing boundaries and pertinent=20 features;

(ii) Access controls to be used when the passenger-screening = checkpoint is=20 non-operational and the entity responsible for that access control; = and

(iii) Measures used to control access as specified in = =A71542.207.

(7) Procedures used to comply with =A71542.209 regarding = fingerprint-based=20 criminal history records checks.

(8) A description of the personnel identification systems as = described in=20 =A71542.211.

(9) Escort procedures in accordance with =A71542.211(e).

(10) Challenge procedures in accordance with =A71542.211(d).

(11) Training programs required under =A7=A71542.213 and = 1542.217(c)(2), if=20 applicable.

(12) A description of law enforcement support used to comply with=20 =A71542.215(a).

(13) A system for maintaining the records described in = =A71542.221.

(14) The procedures and a description of facilities and equipment = used to=20 support TSA inspection of individuals and property, and aircraft = operator or=20 foreign air carrier screening functions of parts 1544 and 1546 of this=20 chapter.

(15) A contingency plan required under =A71542.301.

(16) Procedures for the distribution, storage, and disposal of = security=20 programs, Security Directives, Information Circulars, implementing = instructions,=20 and, as appropriate, classified information.

(17) Procedures for posting of public advisories as specified in=20 =A71542.305.

(18) Incident management procedures used to comply with = =A71542.307.

(19) Alternate security procedures, if any, that the airport operator = intends=20 to use in the event of natural disasters, and other emergency or unusual = conditions.

(20) Each exclusive area agreement as specified in =A71542.111.

(21) Each airport tenant security program as specified in = =A71542.113.

(b) Supporting program. Except as otherwise approved by TSA, = each=20 airport regularly serving operations of an aircraft operator or foreign = air=20 carrier described in =A71544.101(a)(2) or (f), or =A71546.101(b) or (c) = of this=20 chapter, must include in its security program a description of the=20 following:

(1) Name, means of contact, duties, and training requirements of the = ASC, as=20 required under =A71542.3.

(2) A description of the law enforcement support used to comply with=20 =A71542.215(a).

(3) Training program for law enforcement personnel required under=20 =A71542.217(c)(2), if applicable.

(4) A system for maintaining the records described in = =A71542.221.

(5) The contingency plan required under =A71542.301.

(6) Procedures for the distribution, storage, and disposal of = security=20 programs, Security Directives, Information Circulars, implementing = instructions,=20 and, as appropriate, classified information.

(7) Procedures for public advisories as specified in =A71542.305.

(8) Incident management procedures used to comply with = =A71542.307.

(c) Partial program. Except as otherwise approved by TSA, each = airport=20 regularly serving operations of an aircraft operator or foreign air = carrier=20 described in =A71544.101(b) or =A71546.101(d) of this chapter, must = include in its=20 security program a description of the following:

(1) Name, means of contact, duties, and training requirements of the = ASC as=20 required under =A71542.3.

(2) A description of the law enforcement support used to comply with=20 =A71542.215(b).

(3) Training program for law enforcement personnel required under=20 =A71542.217(c)(2), if applicable.

(4) A system for maintaining the records described in = =A71542.221.

(5) Procedures for the distribution, storage, and disposal of = security=20 programs, Security Directives, Information Circulars, implementing = instructions,=20 and, as appropriate, classified information.

(6) Procedures for public advisories as specified in =A71542.305.

(7) Incident management procedures used to comply with = =A71542.307.

(d) Use of appendices. The airport operator may comply with = paragraphs=20 (a), (b), and (c) of this section by including in its security program, = as an=20 appendix, any document that contains the information required by = paragraphs (a),=20 (b), and (c) of this section. The appendix must be referenced in the=20 corresponding section(s) of the security program.

=A7 1542.105 Approval and = amendments.

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(a) Initial approval of security program. Unless otherwise = authorized=20 by the designated official, each airport operator required to have a = security=20 program under this part must submit its initial proposed security = program to the=20 designated official for approval at least 90 days before the date any = aircraft=20 operator or foreign air carrier required to have a security program = under part=20 1544 or part 1546 of this chapter is expected to begin operations. Such = requests=20 will be processed as follows:

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

(2) The airport operator may either submit a modified security = program to the=20 designated official for approval, or petition the Administrator to = reconsider=20 the notice to modify within 30 days of receiving a notice to modify. A = petition=20 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 airport operator. Except as = provided in=20 =A71542.103(c), an airport operator may submit a request to the = designated=20 official 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 a security program may be approved if the = designated=20 official determines that safety and the public interest will allow it, = and the=20 proposed amendment provides the level of security required under this = part.

(4) Within 30 days after receiving a denial, the airport operator may = petition the Administrator to reconsider the denial.

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

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

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

(2) After considering all relevant material, the designated official = notifies=20 the airport 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 airport operator receives the notice of amendment, unless the airport = operator=20 petitions the Administrator to reconsider no later than 15 days before = the=20 effective date of the amendment. The airport operator must send the = petition for=20 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=20 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. Notwithstanding paragraph (c) of = this=20 section, if the designated official finds that there is an emergency = requiring=20 immediate action with respect to safety and security in air = transportation or in=20 air commerce that makes procedures in this section contrary to the = public=20 interest, the designated official may issue an amendment, effective = without stay=20 on the date the airport operator receives the notice of it. In such a = case, the=20 designated official must incorporate in the notice a brief statement of = the=20 reasons and findings for the amendment to be adopted. The airport = operator may=20 file a petition for reconsideration under paragraph (c) of this section; = however, this does not stay the effective date of the emergency = amendment.

=A7 1542.107 Changed conditions affecting=20 security.

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(a) After approval of the security program, each airport operator = must notify=20 TSA when changes have occurred to the=97

(1) Measures, training, area descriptions, or staffing, described in = the=20 security program;

(2) Operations of an aircraft operator or foreign air carrier that = would=20 require modifications to the security program as required under = =A71542.103;=20 or

(3) Layout or physical structure of any area under the control of the = airport=20 operator, airport tenant, aircraft operator, or foreign air carrier used = to=20 support the screening process, access, presence, or movement control = functions=20 required under part 1542, 1544, or 1546 of this chapter.

(b) Each airport operator must notify TSA no more than 6 hours after = the=20 discovery of any changed condition described in paragraph (a) of this = section,=20 or within the time specified in its security program, of the discovery = of any=20 changed condition described in paragraph (a) of this section. The = airport=20 operator must inform TSA of each interim measure being taken to maintain = adequate security until an appropriate amendment to the security program = is=20 approved. Each interim measure must be acceptable to TSA.

(c) For changed conditions expected to be less than 60 days duration, = each=20 airport operator must forward the information required in paragraph (b) = of this=20 section in writing to TSA within 72 hours of the original notification = of the=20 change condition(s). TSA will notify the airport operator of the = disposition of=20 the notification in writing. If approved by TSA, this written = notification=20 becomes a part of the airport security program for the duration of the = changed=20 condition(s).

(d) For changed conditions expected to be 60 days or more duration, = each=20 airport operator must forward the information required in paragraph (b) = of this=20 section in the form of a proposed amendment to the airport operator's = security=20 program, as required under =A71542.105. The request for an amendment = must be made=20 within 30 days of the discovery of the changed condition(s). TSA will = respond to=20 the request in accordance with =A71542.105.

=A7 1542.109 Alternate means of = compliance.

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If in TSA's judgment, the overall safety and security of the airport, = and=20 aircraft operator or foreign air carrier operations are not diminished, = TSA may=20 approve a security program that provides for the use of alternate = measures. Such=20 a program may be considered only for an operator of an airport at which = service=20 by aircraft operators or foreign air carriers under part 1544 or 1546 of = this=20 chapter is determined by TSA to be seasonal or infrequent.

=A7 1542.111 Exclusive area = agreements.

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(a) TSA may approve an amendment to an airport security program under = which=20 an aircraft operator or foreign air carrier that has a security program = under=20 part 1544 or 1546 of this chapter assumes responsibility for specified = security=20 measures for all or portions of the secured area, AOA, or SIDA, = including access=20 points, as provided in =A71542.201, =A71542.203, or =A71542.205. The = assumption of=20 responsibility must be exclusive to one aircraft operator or foreign air = carrier, and shared responsibility among aircraft operators or foreign = air=20 carriers is not permitted for an exclusive area.

(b) An exclusive area agreement must be in writing, signed by the = airport=20 operator and aircraft operator or foreign air carrier, and maintained in = the=20 airport security program. This agreement must contain the following:

(1) A description, a map, and, where appropriate, a diagram of the = boundaries=20 and pertinent features of each area, including individual access points, = over=20 which the aircraft operator or foreign air carrier will exercise = exclusive=20 security responsibility.

(2) A description of the measures used by the aircraft operator or = foreign=20 air carrier to comply with =A71542.201, =A71542.203, or =A71542.205, as=20 appropriate.

(3) Procedures by which the aircraft operator or foreign air carrier = will=20 immediately notify the airport operator and provide for alternative = security=20 measures when there are changed conditions as described in = =A71542.103(a).

(c) Any exclusive area agreements in effect on November 14, 2001, = must meet=20 the requirements of this section and =A71544.227 no later than November = 14,=20 2002.

=A7 1542.113 Airport tenant security=20 programs.

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(a) TSA may approve an airport tenant security program as = follows:

(1) The tenant must assume responsibility for specified security = measures of=20 the secured area, AOA, or SIDA as provided in =A7=A71542.201, 1542.203, = and=20 1542.205.

(2) The tenant may not assume responsibility for law enforcement = support=20 under =A71542.215.

(3) The tenant must assume the responsibility within the tenant's = leased=20 areas or areas designated for the tenant's exclusive use. A tenant may = not=20 assume responsibility under a tenant security program for the airport = passenger=20 terminal.

(4) Responsibility must be exclusive to one tenant, and shared = responsibility=20 among tenants is not permitted.

(5) TSA must find that the tenant is able and willing to carry out = the=20 airport tenant security program.

(b) An airport tenant security program must be in writing, signed by = the=20 airport operator and the airport tenant, and maintained in the airport = security=20 program. The airport tenant security program must include the = following:

(1) A description and a map of the boundaries and pertinent features = of each=20 area over which the airport tenant will exercise security = responsibilities.

(2) A description of the measures the airport tenant has assumed.

(3) Measures by which the airport operator will monitor and audit the = tenant's compliance with the security program.

(4) Monetary and other penalties to which the tenant may be subject = if it=20 fails to carry out the airport tenant security program.

(5) Circumstances under which the airport operator will terminate the = airport=20 tenant security program for cause.

(6) A provision acknowledging that the tenant is subject to = inspection by TSA=20 in accordance with =A71542.5.

(7) A provision acknowledging that individuals who carry out the = tenant=20 security program are contracted to or acting for the airport operator = and are=20 required to protect sensitive information in accordance with part 1520 = of this=20 chapter, and may be subject to civil penalties for failing to protect = sensitive=20 security information.

(8) Procedures by which the tenant will immediately notify the = airport=20 operator of and provide for alternative security measures for changed = conditions=20 as described in =A71542.103(a).

(c) If TSA has approved an airport tenant security program, the = airport=20 operator may not be found to be in violation of a requirement of this = part in=20 any case in which the airport operator demonstrates that:

(1) The tenant or an employee, permittee, or invitee of the tenant, = is=20 responsible for such violation; and

(2) The airport operator has complied with all measures in its = security=20 program to ensure the tenant has complied with the airport tenant = security=20 program.

(d) TSA may amend or terminate an airport tenant security program in=20 accordance with =A71542.105.

Subpart C=97Operations

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=A7 1542.201 Security of the secured = area.

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(a) Each airport operator required to have a security program under=20 =A71542.103(a) must establish at least one secured area.

(b) Each airport operator required to establish a secured area must = prevent=20 and detect the unauthorized entry, presence, and movement of individuals = and=20 ground vehicles into and within the secured area by doing the = following:

(1) Establish and carry out measures for controlling entry to secured = areas=20 of the airport in accordance with =A71542.207.

(2) Provide for detection of, and response to, each unauthorized = presence or=20 movement in, or attempted entry to, the secured area by an individual = whose=20 access is not authorized in accordance with its security program.

(3) Establish and carry out a personnel identification system = described under=20 =A71542.211.

(4) Subject each individual to employment history verification as = described=20 in =A71542.209 before authorizing unescorted access to a secured = area.

(5) Train each individual before granting unescorted access to the = secured=20 area, as required in =A71542.213(b).

(6) Post signs at secured area access points and on the perimeter = that=20 provide warning of the prohibition against unauthorized entry. Signs = must be=20 posted by each airport operator in accordance with its security program = not=20 later than November 14, 2003.

=A7 1542.203 Security of the air operations = area=20 (AOA).

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(a) Each airport operator required to have a security program under=20 =A71542.103(a) must establish an AOA, unless the entire area is = designated as a=20 secured area.

(b) Each airport operator required to establish an AOA must prevent = and=20 detect the unauthorized entry, presence, and movement of individuals and = ground=20 vehicles into or within the AOA by doing the following:

(1) Establish and carry out measures for controlling entry to the AOA = of the=20 airport in accordance with =A71542.207.

(2) Provide for detection of, and response to, each unauthorized = presence or=20 movement in, or attempted entry to, the AOA by an individual whose = access is not=20 authorized in accordance with its security program.

(3) Provide security information as described in =A71542.213(c) to = each=20 individual with unescorted access to the AOA.

(4) Post signs on AOA access points and perimeters that provide = warning of=20 the prohibition against unauthorized entry to the AOA. Signs must be = posted by=20 each airport operator in accordance with its security program not later = than=20 November 14, 2003.

(5) If approved by TSA, the airport operator may designate all or = portions of=20 its AOA as a SIDA, or may use another personnel identification system, = as part=20 of its means of meeting the requirements of this section. If it uses = another=20 personnel identification system, the media must be clearly = distinguishable from=20 those used in the secured area and SIDA.

=A7 1542.205 Security of the security = identification=20 display area (SIDA).

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Link to = an=20 amendment published at 71 FR 30509, May 26, 2006.

(a) Each airport operator required to have a security program under=20 =A71542.103(a) must establish at least one SIDA. Each secured area must = be a SIDA.=20 Other areas of the airport may be SIDA's.

(b) Each airport operator required to establish a SIDA must establish = and=20 carry out measures to prevent the unauthorized presence and movement of=20 individuals in the SIDA and must do the following:

(1) Establish and carry out a personnel identification system = described under=20 =A71542.211.

(2) Subject each individual to employment history verification as = described=20 in =A71542.209 before authorizing unescorted access to a SIDA.

(3) Train each individual before granting unescorted access to the = SIDA, as=20 required in =A71542.213(b).

=A7 1542.207 Access control = systems.

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(a) Secured area. Except as provided in paragraph (b) of this = section,=20 the measures for controlling entry to the secured area required under=20 =A71542.201(b)(1) must=97

(1) Ensure that only those individuals authorized to have unescorted = access=20 to the secured area are able to gain entry;

(2) Ensure that an individual is immediately denied entry to a = secured area=20 when that person's access authority for that area is withdrawn; and

(3) Provide a means to differentiate between individuals authorized = to have=20 access to an entire secured area and individuals authorized access to = only a=20 particular portion of a secured area.

(b) Alternative systems. TSA may approve an amendment to a = security=20 program that provides alternative measures that provide an overall level = of=20 security equal to that which would be provided by the measures described = in=20 paragraph (a) of this section.

(c) Air operations area. The measures for controlling entry to = the AOA=20 required under =A71542.203(b)(1) must incorporate accountability = procedures to=20 maintain their integrity.

(d) Secondary access media. An airport operator may issue a = second=20 access medium to an individual who has unescorted access to secured = areas or the=20 AOA, but is temporarily not in possession of the original access medium, = if the=20 airport operator follows measures and procedures in the security program = that=97

(1) Verifies the authorization of the individual to have unescorted = access to=20 secured areas or AOAs;

(2) Restricts the time period of entry with the second access = medium;

(3) Retrieves the second access medium when expired;

(4) Deactivates or invalidates the original access medium until the=20 individual returns the second access medium; and

(5) Provides that any second access media that is also used as = identification=20 media meet the criteria of =A71542.211(b).

=A7 1542.209 Fingerprint-based criminal = history records=20 checks (CHRC).

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(a) Scope. The following persons are within the scope of this=20 section=97

(1) Each airport operator and airport user.

(2) Each individual currently having unescorted access to a SIDA, and = each=20 individual with authority to authorize others to have unescorted access = to a=20 SIDA (referred to as unescorted access authority).

(3) Each individual seeking unescorted access authority.

(4) Each airport user and aircraft operator making a certification to = an=20 airport operator pursuant to paragraph (n) of this section, or 14 CFR = 108.31(n)=20 in effect prior to November 14, 2001 (see 14 CFR Parts 60 to 139 revised = as of=20 January 1, 2001). An airport user, for the purposes of this section = only, is any=20 person other than an aircraft operator subject to =A71544.229 of this = chapter=20 making a certification under this section.

(b) Individuals seeking unescorted access authority. Except as = provided in paragraph (m) of this section, each airport operator must = ensure=20 that no individual is granted unescorted access authority unless the = individual=20 has undergone a fingerprint-based CHRC that does not disclose that he or = she has=20 a disqualifying criminal offense, as described in paragraph (d) of this=20 section.

(c) Individuals who have not had a CHRC. (1) Except as = provided in=20 paragraph (m) of this section, each airport operator must ensure that = after=20 December 6, 2002, no individual retains unescorted access authority, = unless the=20 airport operator has obtained and submitted a fingerprint under this = part.

(2) When a CHRC discloses a disqualifying criminal offense for which = the=20 conviction or finding of not guilty by reason of insanity was on or = after=20 December 6, 1991, the airport operator must immediately suspend that=20 individual's authority.

(d) Disqualifying criminal offenses. An individual has a = disqualifying=20 criminal offense if the individual has been convicted, or found not = guilty of by=20 reason of insanity, of any of the disqualifying crimes listed in this = paragraph=20 (d) in any jurisdiction during the 10 years before the date of the = individual's=20 application for unescorted access authority, or while the individual has = unescorted access authority. The disqualifying criminal offenses are as=20 follows=97

(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 airport 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 1542.209 (l) impose a continuing obligation to disclose to the = airport=20 operator within 24 hours if he or she is convicted of any disqualifying = criminal=20 offense that occurs while he or she has unescorted access authority. = After=20 February 17, 2002, the airport operator may use statements that have = already=20 been printed referring to 14 CFR 107.209 until stocks of such statements = are=20 used up.

(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 airport 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 airport operator must advise the individual that:

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

(ii) The ASC is the individual's point of contact if he or she has = questions=20 about the results of the CHRC.

(5) The airport operator must collect, control, and process one set = of=20 legible and classifiable fingerprints under direct observation of the = airport=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. Airport 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 seeking unescorted access authority discloses an arrest for any = disqualifying=20 criminal offense listed in paragraph (d) of this section without = indicating a=20 disposition, the airport operator must determine, after investigation, = that the=20 arrest did not result in a disqualifying offense before granting that = authority.=20 If there is no disposition, or if the disposition did not result in a = conviction=20 or in a finding of not guilty by reason of insanity of one of the = offenses=20 listed in paragraph (d) of this section, the individual is not = disqualified=20 under this section.

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

(3) The airport operator may only make the determinations required in = paragraphs (g)(1) and (g)(2) of this section for individuals for whom it = is=20 issuing, or has issued, unescorted access authority, and who are not = covered by=20 a certification from an aircraft operator under paragraph (n) of this = section.=20 The airport operator may not make determinations for individuals = described in=20 =A71544.229 of this chapter.

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

(2) The airport operator must notify an individual that a final = decision has=20 been made to grant or deny unescorted access authority.

(3) Immediately following the suspension of unescorted access = authority of an=20 individual, the airport operator must advise him or her that the FBI = criminal=20 record discloses information that disqualifies him or her from retaining = unescorted access authority and provide the individual with a copy of = the FBI=20 record if he or 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 on or after = December 6, 2001, 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 airport operator in writing of his or her intent to correct any = information=20 he or she believes to be inaccurate. The airport operator must obtain a = copy, or=20 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 = granting=20 unescorted access authority.

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

(2) For an individual with unescorted access authority before = December 6,=20 2001, 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 airport operator in = writing of=20 his or her intent to correct any information he or she believes to be=20 inaccurate. The airport 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 unescorted = access=20 authority.

(j) Limits on dissemination of results. Criminal record = information=20 provided by the FBI may be used only to carry out this section and = =A71544.229 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 other airport operators who are determining whether = to grant=20 unescorted access to the individual under this part.

(3) Aircraft operators who are determining whether to grant = unescorted access=20 to the individual or authorize the individual to perform screening = functions=20 under part 1544 of this chapter.

(4) Others designated by TSA.

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

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

(2) Fingerprint application process on or after December 6, = 2001.=20 Except when the airport operator has received a certification under = paragraph=20 (n) of this section, the airport operator must physically maintain, = control,=20 and, as appropriate, destroy the fingerprint application and the = criminal=20 record. Only direct airport operator employees may carry out the = responsibility=20 for maintaining, controlling, and destroying criminal records.

(3) Certification on or after December 6, 2001. The airport = operator=20 must maintain the certifications provided under paragraph (n) of this=20 section.

(4) 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.

(5) 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 unescorted access authority. When files = are no=20 longer maintained, the criminal record must be destroyed.

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

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

(3) If information becomes available to the airport operator or the = airport=20 user indicating that an individual with unescorted access authority has = a=20 disqualifying criminal offense, the airport operator must determine the = status=20 of the conviction. If a disqualifying offense is confirmed the airport = operator=20 must immediately revoke any unescorted access authority.

(m) Exceptions. Notwithstanding the requirements of this = section, an=20 airport operator must authorize the following individuals to have = unescorted=20 access authority:

(1) An employee of the Federal, state, or local government (including = a law=20 enforcement officer) who, as a condition of employment, has been = subjected to an=20 employment investigation that includes a criminal records check.

(2) Notwithstanding the requirements of this section, an airport = operator may=20 authorize the following individuals to have unescorted access = authority:

(i) An individual who has been continuously employed in a position = requiring=20 unescorted access authority by another airport operator, airport user, = or=20 aircraft operator, or contractor to such an entity, provided the grant = for his=20 or her unescorted access authority was based upon a fingerprint-based = CHRC=20 through TSA or FAA.

(ii) An individual who has been continuously employed by an aircraft = operator=20 or aircraft operator contractor, in a position with authority to perform = screening functions, provided the grant for his or her authority to = perform=20 screening functions was based upon a fingerprint-based CHRC through TSA = or=20 FAA.

(n) Certifications by aircraft operators. An airport operator = is in=20 compliance with its obligation under paragraph (b) or (c) of this = section when=20 the airport operator accepts, for each individual seeking unescorted = access=20 authority, certification from an aircraft operator subject to part 1544 = of this=20 chapter indicating it has complied with =A71544.229 of this chapter for = the=20 aircraft operator's employees and contractors seeking unescorted access=20 authority. If the airport operator accepts a certification from the = aircraft=20 operator, the airport operator may not require the aircraft operator to = provide=20 a copy of the CHRC.

(o) Airport operator responsibility. The airport operator = must=97

(1) Designate the ASC, in the security program, or a direct employee = if the=20 ASC is not a direct employee, to be responsible for maintaining, = controlling,=20 and destroying the criminal record files when their maintenance is no = longer=20 required by paragraph (k) of this section.

(2) Designate the ASC, in the security program, to serve as the = contact to=20 receive notification from individuals applying for unescorted access = authority=20 of their intent to seek correction of their FBI criminal record.

(3) Audit the employment history investigations performed by the = airport=20 operator in accordance with this section and 14 CFR 107.31 in effect = prior to=20 November 14, 2001 (see 14 CFR Parts 60 through 139 revised as of January = 1,=20 2001), and those investigations conducted by the airport users who = provided=20 certification to the airport operator. The audit program must be set = forth in=20 the airport security program.

(p) Airport user responsibility. (1) The airport user must = report to=20 the airport operator information, as it becomes available, that = indicates an=20 individual with unescorted access authority may have a disqualifying = criminal=20 offense.

(2) The airport user must maintain and control, in compliance with = paragraph=20 (k) of this section, the employment history investigation files for=20 investigations conducted before December 6, 2001, unless the airport = operator=20 decides to maintain and control the employment history investigation = file.

(3) The airport user must provide the airport operator with either = the name=20 or title of the individual acting as custodian of the files described in = this=20 paragraph (p), the address of the location where the files are = maintained, and=20 the phone number of that location. The airport user must provide the = airport=20 operator and TSA with access to these files.

=A7 1542.211 Identification = systems.

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(a) Personnel identification system. The personnel = identification=20 system under =A7=A71542.201(b)(3) and 1542.205(b)(1) 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 and media of persons who = no=20 longer have unescorted access authority.

(ii) Reporting lost or stolen identification media.

(iii) Securing unissued identification media stock and supplies.

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

(v) As specified in the security program, revalidate the = identification=20 system or reissue identification media if a portion of all issued, = unexpired=20 identification media are lost, stolen, or otherwise unaccounted for, = including=20 identification media that are combined with access media.

(vi) Ensure that only one identification medium is issued to an = individual at=20 a time, except for personnel who are employed with more than one company = and=20 require additional identification media to carry out employment duties. = A=20 replacement identification medium may only be issued if an individual = declares=20 in writing that the medium has been lost, stolen, or destroyed.

(b) Temporary identification media. Each airport operator may = issue=20 personnel identification media in accordance with its security program = to=20 persons whose duties are expected to be temporary. The temporary = identification=20 media system must include procedures and methods to=97

(1) Retrieve temporary identification media;

(2) Authorize the use of a temporary media for a limited time = only;

(3) Ensure that temporary media are distinct from other = identification media=20 and clearly display an expiration date; and

(4) Ensure that any identification media also being used as an access = media=20 meet the criteria of =A71542.207(d).

(c) Airport-approved identification media. TSA may approve an=20 amendment to the airport security program that provides for the use of=20 identification media meeting the criteria of this section that are = issued by=20 entities other than the airport operator, as described in the security=20 program.

(d) Challenge program. Each airport operator must establish = and carry=20 out a challenge program that requires each individual who has authorized = unescorted access to secured areas and SIDA's to ascertain the authority = of any=20 individual who is not displaying an identification medium authorizing = the=20 individual to be present in the area. The challenge program must include = procedures to challenge individuals not displaying airport approved=20 identification media. The procedure must=97

(1) Apply uniformly in secured areas, SIDAs, and exclusive areas;

(2) Describe how to challenge an individual directly or report any = individual=20 not visibly displaying an authorized identification medium, including = procedures=20 to notify the appropriate authority; and

(3) Describe support of challenge procedures, including law = enforcement and=20 any other responses to reports of individuals not displaying authorized=20 identification media.

(e) Escorting. Each airport operator must establish and = implement=20 procedures for escorting individuals who do not have unescorted access = authority=20 to a secured area or SIDA that=97

(1) Ensure that only individuals with unescorted access authority are = permitted to escort;

(2) Ensure that the escorted individuals are continuously accompanied = or=20 monitored while within the secured area or SIDA in a manner sufficient = to=20 identify whether the escorted individual is engaged in activities other = than=20 those for which escorted access was granted, and to take action in = accordance=20 with the airport security program;

(3) Identify what action is to be taken by the escort, or other = authorized=20 individual, should individuals under escort engage in activities other = than=20 those for which access was granted;

(4) Prescribe law enforcement support for escort procedures; and

(5) Ensure that individuals escorted into a sterile area without = being=20 screened under =A71544.201 of this chapter remain under escort until = they exit the=20 sterile area, or submit to screening pursuant to =A71544.201 or = =A71546.201 of this=20 chapter.

(f) Effective date. The identification systems described in = this=20 section must be implemented by each airport operator not later than = November 14,=20 2003.

=A7 1542.213 Training.

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(a) Each airport operator must ensure that individuals performing=20 security-related functions for the airport operator are briefed on the=20 provisions of this part, Security Directives, and Information Circulars, = and the=20 security program, to the extent that such individuals need to know in = order to=20 perform their duties.

(b) An airport operator may not authorize any individual unescorted = access to=20 the secured area or SIDA, except as provided in =A71542.5, unless that = individual=20 has successfully completed training in accordance with TSA-approved = curriculum=20 specified in the security program. This curriculum must detail the = methods of=20 instruction, provide attendees with an opportunity to ask questions, and = include=20 at least the following topics=97

(1) The unescorted access authority of the individual to enter and be = present=20 in various areas of the airport;

(2) Control, use, and display of airport-approved access and = identification=20 media;

(3) Escort and challenge procedures and the law enforcement support = for these=20 procedures;

(4) Security responsibilities as specified in =A71540.105;

(5) Restrictions on divulging sensitive security information as = described in=20 part 1520 of this chapter; and

(6) Any other topics specified in the security program.

(c) An airport operator may not authorize any individual unescorted = access to=20 the AOA, except as provided in =A71542.5, unless that individual has = been provided=20 information in accordance with the security program, including=97

(1) The unescorted access authority of the individual to enter and be = present=20 in various areas of the airport;

(2) Control, use, and display of airport-approved access and = identification=20 media, if appropriate;

(3) Escort and challenge procedures and the law enforcement support = for these=20 procedures, where applicable;

(4) Security responsibilities as specified in =A71540.105;

(5) Restrictions on divulging sensitive security information as = described in=20 part 1520 of this chapter; and

(6) Any other topics specified in the security program.

(d) Each airport operator must maintain a record of all training and=20 information given to each individual under paragraphs (b) and (c) of = this=20 section for 180 days after the termination of that person's unescorted = access=20 authority.

(e) As to persons with unescorted access to the SIDA on November 14, = 2001,=20 training on responsibility under =A71540.105 can be provided by making = relevant=20 security information available.

(f) Training described in paragraph (c) of this section must be = implemented=20 by each airport operator not later than November 14, 2002.

=A7 1542.215 Law enforcement = support.

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(a) In accordance with =A71542.217, each airport operator required to = have a=20 security program under =A71542.103(a) or (b) must provide:

(1) Law enforcement personnel in the number and manner adequate to = support=20 its security program.

(2) Uniformed law enforcement personnel in the number and manner = adequate to=20 support each system for screening persons and accessible property = required under=20 part 1544 or 1546 of this chapter, except to the extent that TSA = provides=20 Federal law enforcement support for the system.

(b) Each airport required to have a security program under = =A71542.103(c) must=20 ensure that:

(1) Law enforcement personnel are available and committed to respond = to an=20 incident in support of a civil aviation security program when requested = by an=20 aircraft operator or foreign air carrier that has a security program = under part=20 1544 or 1546 of this chapter.

(2) The procedures by which to request law enforcement support are = provided=20 to each aircraft operator or foreign air carrier that has a security = program=20 under part 1544 or 1546 of this chapter.

=A7 1542.217 Law enforcement = personnel.

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(a) Each airport operator must ensure that law enforcement personnel = used to=20 meet the requirements of =A71542.215, meet the following qualifications = while on=20 duty at the airport=97

(1) Have arrest authority described in paragraph (b) of this = section;

(2) Are identifiable by appropriate indicia of authority;

(3) Are armed with a firearm and authorized to use it; and

(4) Have completed a training program that meets the requirements of=20 paragraphs (c) and (d) of this section.

(b) Each airport operator must ensure that each individual used to = meet the=20 requirements of =A71542.215 have the authority to arrest, with or = without a=20 warrant, while on duty at the airport for the following violations of = the=20 criminal laws of the State and local jurisdictions in which the airport = is=20 located=97

(1) A crime committed in the presence of the individual; and

(2) A felony, when the individual has reason to believe that the = suspect has=20 committed it.

(1) Meet the training standard for law enforcement officers = prescribed by=20 either the State or local jurisdiction in which the airport is located = for law=20 enforcement officers performing comparable functions.

(2) Specify and require training standards for private law = enforcement=20 personnel acceptable to TSA, if the State and local jurisdictions in = which the=20 airport is located do not prescribe training standards for private law=20 enforcement personnel that meets the standards in paragraph (a) of this=20 section.

(3) Include training in=97

(i) The use of firearms;

(ii) The courteous and efficient treatment of persons subject to = inspection,=20 detention, search, arrest, and other aviation security activities;

(iii) The responsibilities of law enforcement personnel under the = security=20 program; and

(iv) Any other subject TSA determines is necessary.

(d) Each airport operator must document the training program required = by=20 paragraph (a)(4) of this section and maintain documentation of training = at a=20 location specified in the security program until 180 days after the = departure or=20 removal of each person providing law enforcement support at the = airport.

=A7 1542.219 Supplementing law enforcement=20 personnel.

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(a) When TSA decides, after being notified by an airport operator as=20 prescribed in this section, that not enough qualified State, local, and = private=20 law enforcement personnel are available to carry out the requirements of = =A71542.215, TSA may authorize the airport operator to use, on a = reimbursable=20 basis, personnel employed by TSA, or by another department, agency, or=20 instrumentality of the Government with the consent of the head of the=20 department, agency, or instrumentality to supplement State, local, and = private=20 law enforcement personnel.

(b) Each request for the use of Federal personnel must be submitted = to TSA=20 and include the following information:

(1) The number of passengers enplaned at the airport during the = preceding=20 calendar year and the current calendar year as of the date of the = request.

(2) The anticipated risk of criminal violence, sabotage, aircraft = piracy, and=20 other unlawful interference to civil aviation operations.

(3) A copy of that portion of the security program which describes = the law=20 enforcement support necessary to comply with =A71542.215.

(4) The availability of law enforcement personnel who meet the = requirements=20 of =A71542.217, including a description of the airport operator's = efforts to=20 obtain law enforcement support from State, local, and private agencies = and the=20 responses of those agencies.

(5) The airport operator's estimate of the number of Federal = personnel needed=20 to supplement available law enforcement personnel and the period of time = for=20 which they are needed.

(6) A statement acknowledging responsibility for providing = reimbursement for=20 the cost of providing Federal personnel.

(7) Any other information TSA considers necessary.

(c) In response to a request submitted in accordance with this = section, TSA=20 may authorize, on a reimbursable basis, the use of personnel employed by = a=20 Federal agency, with the consent of the head of that agency.

=A7 1542.221 Records of law enforcement=20 response.

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(a) Each airport operator must ensure that=97

(1) A record is made of each law enforcement action taken in = furtherance of=20 this part; and

(2) The record is maintained for a minimum of 180 days.

(b) Data developed in response to paragraph (a) of this section must = include=20 at least the following, except as authorized by TSA:

(1) The number and type of weapons, explosives, or incendiaries = discovered=20 during any passenger-screening process, and the method of detection of = each.

(2) The number of acts and attempted acts of aircraft piracy.

(3) The number of bomb threats received, real and simulated bombs = found, and=20 actual detonations on the airport.

(4) The number of arrests, including=97

(i) Name, address, and the immediate disposition of each individual=20 arrested;

(ii) Type of weapon, explosive, or incendiary confiscated, as = appropriate;=20 and

(iii) Identification of the aircraft operators or foreign air = carriers on=20 which the individual arrested was, or was scheduled to be, a passenger = or which=20 screened that individual, as appropriate.

Subpart D=97Contingency Measures

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=A7 1542.301 Contingency plan.

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(a) Each airport operator required to have a security program under=20 =A71542.103(a) and (b) must adopt a contingency plan and must:

(1) Implement its contingency plan when directed by TSA.

(2) Conduct reviews and exercises of its contingency plan as = specified in the=20 security program with all persons having responsibilities under the = plan.

(3) Ensure that all parties involved know their responsibilities and = that all=20 information contained in the plan is current.

(b) TSA may approve alternative implementation measures, reviews, and = exercises to the contingency plan which will provide an overall level of = security equal to the contingency plan under paragraph (a) of this=20 section.

=A7 1542.303 Security Directives and = Information=20 Circulars.

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(a) TSA may issue an Information Circular to notify airport 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 airport operator must comply with each Security Directive = issued to=20 the airport operator within the time prescribed in the Security = Directive.

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

(e) Each airport 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 airport operator that receives a Security Directive or an=20 Information Circular and each person who receives information from a = Security=20 Directive or an 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 = who have=20 an operational need to know without the prior written consent of = TSA.

=A7 1542.305 Public advisories.

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When advised by TSA, each airport operator must prominently display = and=20 maintain in public areas information concerning foreign airports that, = in the=20 judgment of the Secretary of Transportation, do not maintain and = administer=20 effective security measures. This information must be posted in the = manner=20 specified in the security program and for such a period of time = determined by=20 the Secretary of Transportation.

=A7 1542.307 Incident management.

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(a) Each airport operator must establish procedures to evaluate bomb = threats,=20 threats of sabotage, aircraft piracy, and other unlawful interference to = civil=20 aviation operations.

(b) Immediately upon direct or referred receipt of a threat of any of = the=20 incidents described in paragraph (a) of this section, each airport = operator=20 must=97

(1) Evaluate the threat in accordance with its security program;

(2) Initiate appropriate action as specified in the Airport Emergency = Plan=20 under 14 CFR 139.325; and

(3) Immediately notify TSA of acts, or suspected acts, of unlawful=20 interference to civil aviation operations, including specific bomb = threats to=20 aircraft and airport facilities.

(c) Airport operators required to have a security program under = =A71542.103(c)=20 but not subject to 14 CFR part 139, must develop emergency response = procedures=20 to incidents of threats identified in paragraph (a) of this section.

(d) To ensure that all parties know their responsibilities and that = all=20 procedures are current, at least once every 12 calendar months each = airport=20 operator must review the procedures required in paragraphs (a) and (b) = of this=20 section with all persons having responsibilities for such = procedures.

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