[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8340-8384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4081]



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Part II





Department of Transportation





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Federal Aviation Administration



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Transportation Security Administration



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14 CFR Parts 91 et al.

49 CFR Parts 1500 et al.



Civil Aviation Security Rules; Final Rule

  Federal Register / Vol. 67, No. 36 / Friday, February 22, 2002 / 
Rules and Regulations  

[[Page 8340]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 107, 108, 109, 121, 129, 135, 139, and 191

Transportation Security Administration

49 CFR Parts 1500, 1510, 1520, 1540, 1542, 1544, 1546, 1548, 1550

[Docket No. TSA-2002-11602; Amendment Nos. 91-272; 107-15; 108-20; 109-
4; 121-289; 129-31; 135-83; 139-24; 191-5]
RIN 2110-AA03


Civil Aviation Security Rules

AGENCY: Federal Aviation Administration (FAA) and Transportation 
Security Administration (TSA), DOT.

ACTION: Final rule.

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SUMMARY: This rulemaking transfers the FAA's rules governing civil 
aviation security to TSA. This rulemaking also amends those rules to 
enhance security as required by recent legislation. This rulemaking 
also requires additional qualifications, training, and testing of 
individuals who screen persons and property that are carried in 
passenger aircraft. It is intended to improve the quality of screening 
conducted by aircraft operators and foreign air carriers. This rule is 
being adopted to improve the qualifications of individuals performing 
screening, and thereby to improve the level of security in air 
transportation. This will help ensure a smooth transition of aviation 
security from the FAA to TSA, and will avoid disruptions in air 
transportation due to any shortage of qualified screeners.

DATES: This rule is effective February 17, 2002. The incorporation by 
reference of certain publications in the rule is approved by the 
Director of the Federal Register as of February 17, 2002. Submit 
comments by March 25, 2002.

ADDRESSES: You may obtain a copy of this final rule from the DOT public 
docket through the Internet at http://dms.dot.gov/, docket number TSA-
2002-11602. If you do not have access to the Internet, you may obtain a 
copy of the working draft by United States mail from the Docket 
Management System, U.S. Department of Transportation, Room PL401, 400 
Seventh Street, SW., Washington, DC 20590-0001. You must identify 
Docket Number TSA-2002-11602 and request a copy of the final rule 
entitled ``Civil Aviation Security Rules.''
    You may also review the public docket in person in the Docket 
Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Office is on the plaza level of the Department of 
Transportation.

FOR FURTHER INFORMATION CONTACT: Scott Cummings, telephone 202-267-
3413. For Part 1542--Brian Reed; for Part 1544--Lon M. Siro; for Part 
1546--Nouri Larbi; for Part 1548--John F. DelCampo; Transportation 
Security Administration, Department of Transportation, Washington, DC 
20591; telephone 202-267-3413.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This final rule is being adopted without prior notice and prior 
public comment. The Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 1134; Feb. 26, 1979), 
however, provides that to the maximum extent possible, operating 
administrations for the DOT should provide an opportunity for public 
comment on regulations issued without prior notice. Accordingly, 
interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments. Comments relating to 
environmental, energy, federalism, or international trade impacts that 
might result from this amendment also are invited. Comments must 
include the regulatory docket or amendment number and must be submitted 
in duplicate to the address above. All comments received, as well as a 
report summarizing each substantive public contact with FAA or TSA 
personnel on this rulemaking, will be filed in the public docket. The 
docket is available for public inspection before and after the comment 
closing date.
    TSA and the FAA will consider all comments received on or before 
the closing date for comments. Late-filed comments will be considered 
to the extent practicable. This final rule may be amended in light of 
the comments received.
    See ADDRESSES above for information on how to submit comments.

Abbreviations and Terms Used In This Document

ASIA 2000--Airport Security Improvement Act of 2000
ATSA--Aviation and Transportation Security Act
Computer Assisted Passenger Prescreening System (CAPPS)
GED--General Equivalency Diploma
Screening company NPRM--Notice of Proposed Rulemaking, Certification of 
Screening Companies, 65 FR 560 (January 5, 2000)
SIDA--Security identification display areas
SSI--Sensitive security information
TIP--Threat image projection
TSA--Transportation Security Administration

Background

Regulatory and Legislative Context

    The current aviation security rules are in title 14 of the Code of 
Federal Regulations. Part 107 governs airport operators that serve 
certain passenger operations of air carriers and commercial operators. 
Part 108 is for certain aircraft operators that hold U.S. air carrier 
or commercial operator certificates. Part 109 prescribes rules for 
indirect air carriers such as freight forwarders. Several sections in 
part 129 govern certain foreign air carriers that operate to, from, and 
within the United States. Aircraft operators and foreign air carriers 
are responsible for screening passengers and property that are carried 
on their aircraft. Part 191 covers the protection of sensitive security 
information. In addition, Special Federal Aviation Regulation 91 (SFAR 
91) covers certain other aircraft operators. These rules were issued by 
the Administrator of the Federal Aviation Administration.
    On January 5, 2000, the FAA published a Notice of Proposed 
Rulemaking (NPRM) that proposed to require FAA-certification for all 
companies that provide screening under 14 CFR parts 108, 109, and 129. 
See 65 FR 560. The screening company NPRM proposed such additional 
measures as improved training, FAA tests, and monitoring of the tests 
by aircraft operators. Further, the Airport Security Improvement Act of 
2000 (ASIA 2000), Public Law 106-528, provided in part that training 
for screeners must include at least 40 hours of classroom instruction, 
with certain exceptions. The final rule on certification of screening 
companies was approved for publication shortly before the terrorist 
attacks of September 11, 2001, occurred.

September 11 Terrorist Attacks, and the Continuing Threat to Aviation 
Security

    The September 11, 2001, terrorist attacks involving four U.S. 
commercial aircraft that resulted in the tragic loss of human life at 
the World Trade Center, the Pentagon, and southwest Pennsylvania, 
demonstrate the need for increased air transportation security 
measures. The Al-Qaeda organization, which was responsible for the 
attacks, possesses a near global network. The leaders of the groups 
constituting this organization have publicly stated that

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they will attack the United States, its institutions, and its 
individual citizens. They retain a capability and willingness to 
conduct airline bombings, hijackings, and suicide attacks against U.S. 
targets: the December 22, 2001, attempted bombing of a U.S. carrier on 
a flight from Paris illustrates the continuing danger. Finally, it 
should be underscored that, although other potential threats to U.S. 
civil aviation may be overshadowed at present, they are no less 
important. For example, the uncertain course of the Middle East peace 
process, negative reactions to the U.S.-led military campaign in 
Afghanistan, and Iraqi opportunism in response to continued United 
Nations sanctions are among the developments that could give rise to 
attacks by groups or individuals not linked to the September 11 
atrocities.

Aviation and Transportation Security Act

    The September 11, 2001, attacks led Congress to enact the Aviation 
and Transportation Security Act (ATSA), Public Law 107-71, November 19, 
2001. ATSA provides additional qualifications for screeners, including 
U.S. citizenship and increased training and testing of screeners.
    Under ATSA, by November 19, 2002, the responsibility for inspecting 
persons and property carried by aircraft operators and foreign air 
carriers will be transferred to the Under Secretary of Transportation 
for Security, who heads a new agency created by that statute, the 
Transportation Security Administration (TSA).
    ATSA requires TSA to make a number of improvements to aviation 
security. The improvements include that by November 19, 2002, screening 
of individuals and property in the United States be conducted by TSA 
employees and companies under contract with TSA. ATSA requires enhanced 
qualifications and training of individuals who perform screening 
functions. It requires that Federal law enforcement officers be present 
at screening locations.
    Screening by TSA will make the certification of screening companies 
unnecessary. However, the screening company NPRM proposed enhanced 
screener qualifications and training, and enhanced aircraft operator 
and foreign air carrier oversight that remain relevant. First, until 
these duties are transferred, it is important to ensure that aircraft 
operators and foreign air carriers improve the qualifications, 
training, and testing of screeners in order to improve aviation 
security. Second, aircraft operators will continue to conduct some 
screening at foreign locations, which must be done in accordance with 
enhanced standards.

Current Rulemaking

    This rulemaking serves several purposes. It transfers to TSA rules 
the current FAA rules governing civil aviation security. Further, it 
includes certain improved standards, most notably for screener 
qualifications and training.
    This rule does not include all of the improvements in security 
required under ATSA, but is an important step towards full compliance 
with that Act. It is intended to respond to the ATSA mandate for 
increased screener qualifications, by ensuring that aircraft operators 
and foreign air carriers improve the qualifications, training, and 
testing for newly hired screeners. It also makes related changes, in 
part as proposed in the screening company NPRM, and as required in ASIA 
2000.
    Beginning February 17, 2002, TSA will be assuming responsibility 
for screening that is currently the responsibility of aircraft 
operators. TSA will require the screening companies to comply with 
essentially the same enhanced screener qualifications and training that 
is applied to the aircraft operators and foreign air carriers in this 
rule. Until TSA takes over responsibility for all these screening 
duties, it is important that the aircraft operators improve the 
training and qualifications of screeners.
    Most of the new screener qualification requirements come directly 
from ATSA. We intend by this action to make an immediate improvement in 
screening in response to the ongoing threat of terrorism to aviation 
security. At the same time we recognize the importance of an orderly 
transition as TSA assumes responsibility for contracting with screening 
companies, hiring screeners, and conducting screening. An inefficient 
transition would adversely affect security and would be costly and 
disruptive to the industry. As TSA begins to hire screeners, it will 
use a hiring process to select the most qualified personnel among all 
applicants. However, by acting now to ensure that hired screeners newly 
hired by aircraft operators and foreign air carriers meet many of the 
increased standards, a substantial number of better trained and 
qualified workers will be available by the time the ATSA requirements 
come into full effect. The standards imposed in this rule are thus an 
interim step, but we anticipate that many of the people hired during 
the transition period will also have the necessary ability and training 
for future positions with TSA. These persons may subsequently be hired 
for those positions, although this is not assured.
    This rulemaking does not address some measures required in ATSA to 
enhance screening, such as additional background checks for individuals 
with access to secured areas of airports. Those measures are under 
development now.
    We emphasize that we are applying the new screener standards at 
this time only to employees hired as of February 17, 2002. Those 
individuals now performing screening functions on behalf of aircraft 
operators or foreign air carriers who may not be able to meet the 
requirements of ATSA once it comes into full effect may remain in their 
positions during the transition. In addition, those employees who are 
not currently eligible under ATSA may be able to take action during the 
transition period to improve their qualifications for future positions 
performing screening functions under TSA. For example, some people now 
performing screening functions may be eligible for U.S. citizenship, 
but have not yet taken the steps necessary to become U.S. citizens.

Overview of This Rulemaking

    This rulemaking transfers the aviation security rules to title 49 
of the Code of Federal Regulations. The Under Secretary of 
Transportation for Security is issuing these new rules.
    The rules are largely unchanged from the FAA security rules, other 
than to change references from FAA to TSA. This rulemaking also 
incorporates some enhanced screener qualifications and training 
standards mandated by ATSA. These changes are discussed in this 
document in connection with the part of the rule affected.
    These rules do not include all of the new security measures 
required in ATSA. In the future, TSA will adopt additional measures to 
improve controls to the access to secured areas of airports, additional 
checks of the backgrounds of individuals who have access to secured 
areas, and other measures required in ATSA.

14 CFR--FAA Regulations

    Because security functions are transferring to TSA, many of the FAA 
rules are no longer needed. This rulemaking removes these parts.
    Further, several references in the operations rules for air 
carriers and commercial operators are changed. Sections 121.538 and 
135.125 are revised to require operators to comply with TSA security 
rules instead of FAA security rules. Similarly, where this

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rulemaking removes security requirements in part 129, it adds a 
requirement that foreign air carriers comply with TSA security rules, 
the same as that for part 121.

49 CFR--TSA Regulations

    This rulemaking establishes the basic organization for TSA rules. 
The rules will appear in title 49, Code of Federal Regulations, Chapter 
XII, which includes parts 1500 through 1699. Subchapter A will contain 
administrative and procedural rules. Subchapter B will contain rules 
that apply to many modes of transportation. Subchapter C will contain 
rules for civil aviation security.

Outline of TSA Regulations

Chapter XII--Transportation Security Administration, Department of 
Transportation
Subchapter A--Administrative and Procedural Rules
Part 1500--Applicability, Terms and Abbreviations, and Rules of 
Construction
Part 1510--Passenger Civil Aviation Security Service Fees
Subchapter B--Security Rules for All Modes of Transportation
Part 1520--Protection of Sensitive Security Information
Subchapter C--Civil Aviation Security
Part 1540--Civil Aviation Security
Part 1542--Airport Security
Part 1544--Aircraft Operator Security: Air Carriers and Commercial 
Operators
Part 1546--Foreign Air Carrier Security
Part 1548--Indirect Air Carrier Security
Part 1550--Aircraft Operator Security Under General Operating and 
Flight Rules

49 CFR Part 1500--Applicability, Terms and Abbreviations

    New part 1500 provides the applicability, and some terms and 
abbreviations, that apply to all TSA regulations. The definitions of 
``person'' and ``United States'' are based on those in 49 U.S.C. 40102.

49 CFR Part 1520--Protection of Sensitive Security Information

    New Part 1520 provides the rules for protecting sensitive security 
information. It is largely the same as 14 CFR part 191.
    In general, Federal law and policy calls for release of information 
to the public, and TSA and DOT comply with these laws and policies. 
However, when release of information may compromise the safety or 
security of the traveling public, TSA and DOT protect that information 
from disclosure. Information that could help someone determine how to 
defeat security systems is protected from public disclosure under part 
1520. In Sec. 1520.7, TSA has designated this information as SSI. SSI 
includes information about security programs, vulnerability 
assessments, technical specifications of certain screening equipment 
and objects used to test screening equipment, and other information. 
Under Sec. 1520.3, TSA does not disclose such information. Under 
Sec. 1520.5, aircraft operators, foreign air carriers, and others are 
required to protect SSI from disclosure. They may disclose SSI only to 
those with a need to know. For instance, aircraft operator and foreign 
air carrier security programs are protected from public disclosure 
under Sec. 1520.7(a).
    Section 1520.1 includes the applicability and definitions. Section 
1520.1(c) provides that the authority of the Under Secretary under this 
part may be further delegated.
    Section 101(e) of ATSA amended 49 U.S.C. 40119(b) by making it 
applicable to information obtained or developed in carrying out 
security in all modes of transportation. Although the Under Secretary 
is given overall responsibility for carrying out section 40119(b), the 
heads of the operating administrations in the Department of 
Transportation have day-to-day responsibility for matters in their own 
modes of transportation. Hence, it is most efficient for these other 
administrations to exercise authority to protect SSI in their modes. 
Accordingly, Sec. 1520(d) provides that the Under Secretary's authority 
under this part is also exercised, in consultation with the Under 
Secretary, by the Commandant of the United States Coast Guard, as to 
matters affecting and information held by the Coast Guard, and the 
Administrator of each DOT administration, as to matters affecting and 
information held by that administration, and any other individual 
formally designated to act in their capacity. The Under Secretary will 
be responsible for determining what information is SSI (see 
Sec. 1520.7) and what persons are required to protect it under this 
part (see Sec. 1520.5).
    Section 1520.3 covers records and information withheld by the 
Transportation Security Administration. Section 1520.3(b)(3) is changed 
to reflect the change ATSA made to section 40119. TSA may protect 
information the release of which that would be detrimental to the 
safety of persons in transportation, not just air transportation.
    Section 1520.5 covers records and information protected by others. 
Paragraph (a) identifies what persons are responsible for protecting 
SSI. For the most part, they are the same persons covered in current 
Sec. 191.5. However, Sec. 1520.5(a)(8) covers each person for which a 
vulnerability assessment has been authorized, approved, or funded by 
DOT, irrespective of mode of transportation. These assessments may 
identify ways in which the port or other facility could be vulnerable 
to attack, and may suggest corrective action. If this information were 
to fall into the wrong hands it could be used to attack the 
transportation system. Accordingly, the persons receiving these 
vulnerability assessments now are responsible under this rule to 
protect them from unauthorized disclosure. The vulnerability 
assessments themselves are added to the list of information that is 
determined to be SSI in Sec. 1520.7(r).
    In the course of applying for and qualifying for an air carrier 
certificate or operating certificate under 14 CFR part 119, an 
applicant that will be subject to part 1544 receives a copy of the 
standard security program. To ensure that applicants for certificates 
are required to protect SSI, we are adding Sec. 1520.5(e). Paragraph 
(e) provides that references in part 1520 to an aircraft operator, 
airport operator, indirect air carrier, or foreign air carrier, include 
applicants. Thus, an applicant must restrict disclosure of the security 
program information that it receives. The same is true of an applicant 
for any other security program, such as a foreign air carrier security 
program.
    When an individual receives SSI during training for a position with 
an airport operator, aircraft operator, indirect air carrier, or 
foreign air carrier, he or she is subject to part 1520. Section 
1520.5(f) clarifies that he or she may not disclose this information.
    Section 1520.7 describes SSI. Section 1520.7 defines what 
information and records are SSI and therefore are subject to the 
protections in Secs. 1520.3 and 1520.5.
    Section 191.7(a) covers any approved or standard security program 
for an airport operator, aircraft operator, foreign air carrier, or 
indirect air carrier. However, the agency has recently adopted other 
security programs, including those covering screening to be conducted 
by TSA, and those covering certain general aviation operations. 
Accordingly, Sec. 1520.7(a) covers any approved, accepted, or standard 
security program under the rules listed in Sec. 1520.5(a) (1) through 
(6).
    Section 1520.7(m) provides that the locations at which particular 
screening methods or equipment are used, and the carriers that are 
authorized to use those

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methods and equipment, are SSI. This information is SSI only if TSA has 
determined that, as to those particular screening methods or equipment, 
the criteria of 49 U.S.C. 40119 are met. In some cases, the exact 
screening methods used at different locations are not publicly 
released, particularly methods used for checked baggage and cargo. This 
may occur, for instance, when new technology is deployed. It may take 
time to deploy it widely, and we may determine that there is a 
significant security benefit to not letting any unauthorized person 
know where it may be used. This could affect a person's perception as 
to whether the introduction of a threat item was more likely to be 
detected, and might lead a person to attempt to target a location that 
the person assumes is less secure.
    New paragraph (n) is added to cover the screener tests that 
screeners must complete under this rulemaking. These tests contain 
information that is in the security programs and must be protected in 
the same way.
    New paragraph (o) protects the scores of screener tests 
administered under the rules listed in Sec. 1520.5(a) (1) through (6). 
These scores could be used to determine which screening locations have 
screeners with better or worse scores, which might be viewed as a means 
to defeat the screening system. Therefore, while the scores will be 
used by TSA to identify weaknesses, they may not be disclosed.
    New paragraph (p) covers performance data from screening systems, 
and from testing of screening systems. This includes information from 
threat image projection systems (TIP) and from other tests and data 
collections. The performance data is protected to prevent unauthorized 
persons from attempting to determine which screening locations or 
companies may be less successful at detecting weapons, explosives, and 
incendiaries. Performance data might also be used to determine which 
threat items are more difficult to detect.
    Paragraph (q) covers threat images and descriptions of threat 
images for threat image projection systems. The threat images and 
descriptions would inform unauthorized persons as to what threat items 
screeners have been exposed to. This information might be used in 
attempting to defeat screening and must be protected.
    As noted above, paragraph (r) covers information in a vulnerability 
assessment that has been authorized, approved, or funded by DOT, 
irrespective of mode of transportation. Note that as TSA continues to 
consider the security needs of all the modes of transportation in the 
current environment, we expect to identify other information that must 
be protected under this part in order to support transportation 
security. We may issue a notice of proposed rulemaking in the future to 
propose further changes. In that event, we may respond in that notice 
of proposed rulemaking to any comments to this final rule regarding 
this part.
    The following distribution table is provided to illustrate how the 
current regulations relate to the newly added regulations.

                           Distribution Table
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                                                             New section
             Current section  14 CFR part 191                49 CFR part
                                                                1520
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191.1.....................................................        1520.1
191.3.....................................................        1520.3
191.5.....................................................        1520.5
191.7.....................................................        1520.7
------------------------------------------------------------------------

49 CFR Part 1540--Civil Aviation Security: General Rules

    New part 1540 provides rules that cover all segments of civil 
aviation security. It also includes rules that govern individuals and 
other persons. Most of the rules in part 1540 are transferred from 14 
CFR parts 107, 108, and 129.

Delegations

    Section 1540.3 contains delegations of authority. The law vests the 
authority of TSA in the Under Secretary of Transportation for Security. 
See 49 U.S.C. 114. Where the Civil Aviation Security rules in 
subchapter C name the Under Secretary as exercising authority over a 
function, the Under Secretary or the Deputy Under Secretary exercise 
the authority. Any individual formally designated to act as the Under 
Secretary or the Deputy Under Secretary may also exercise the 
authority.
    For the most part these rules simply refer to TSA as exercising 
authority. Where rules in this subchapter name TSA as exercising 
authority over a function, in addition to the Under Secretary, a 
designated official within TSA exercises the authority.

Terms Used in This Subchapter

    Section 1540.5 contains definitions and descriptions for many of 
the terms used in this subchapter. Most terms are from FAA regulations, 
including 14 CFR parts 1, 107, and 108. Some are definitions in the 
statute governing TSA, 49 U.S.C. 40102. Others are discussed below.
    ``Aircraft operator'' is used in part 108 to identify the air 
carriers and commercial operators that are subject to part 108. When 
this term was adopted the agency did not impose security regulations on 
aircraft operators other than air carriers or commercial operators. 
Recently, however, it has become necessary to require security measures 
for other aircraft operators, as discussed below under part 1550.
    The term ``aircraft operator'' in Sec. 1540.5 means a person who 
uses, causes to be used, or authorizes to be used an aircraft, with or 
without the right of legal control (as owner, lessee, or otherwise), 
(1) for the purpose of air navigation including the piloting of 
aircraft, or (2) on any part of the surface of an airport. This 
definition is based on the definition of ``operate aircraft'' in 49 
U.S.C. 40102(32) and ``operate'' in 14 CFR part 1. The definition also 
states that in specific parts or sections, ``aircraft operator'' is 
used to refer to specific types of aircraft operators. For instance, 
new part 1544 uses ``aircraft operator'' to refer to those air carriers 
and commercial operators subject to that part.
    ``Indirect air carrier'' is defined as any person or entity within 
the United States not in possession of an FAA air carrier operating 
certificate, that undertakes to engage indirectly in air transportation 
of property, and uses for all or any part of such transportation the 
services of a passenger air carrier. This does not include the United 
States Postal Service (USPS) or its representative while acting on the 
behalf of the USPS. This definition is in the aircraft operator 
standard security program and in the indirect air carrier standard 
security program.
    ``Person'' is defined to include various entities and government 
authorities, as well as individuals, as it is in 49 U.S.C. 40102 and 14 
CFR part 1.
    ``Screening function'' is defined as the inspection of individuals 
and property for explosives, incendiaries, and weapons.
    ``Screening location'' means each site at which individuals or 
property are inspected for the presence of any explosive, incendiary, 
or weapon. The checkpoint where passengers and their property are 
inspected with metal detectors, X-ray machines, and other methods is a 
screening location. So are the locations in the baggage make-up areas 
where checked baggage is inspected with an explosive detection system, 
and those locations where cargo is inspected.
    There are some other wording changes in these rules worthy of note. 
FAA security rules often refer to ``deadly or dangerous weapons.'' 
However, all weapons are potentially

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deadly or dangerous, so the excess words were removed and these TSA 
rules refer simply to ``weapons.''
    FAA rules often refer to ``security systems, measures, or 
procedures'' or other listing. However, the term ``measures'' 
encompasses all these terms. These TSA rules, therefore, often refer 
simply to ``security measures,'' which may include any systems, 
procedures, equipment, and other measures that accomplish the security 
goal.

Subpart B--Responsibilities of Passengers and Other Individuals and 
Persons

    This subpart contains rules that apply to many persons, including 
airport operators, airport tenants, aircraft operators, foreign air 
carriers, and indirect air carriers, as well as employees of such 
entities, passengers, individuals at airports, and other individuals. 
This subpart includes rules that apply to all entities governed by 
subchapter C, and includes most of the security rules that apply to 
individuals rather than entities.
    Section 1540.103 transfers the falsification rules that were in 14 
CFR 107.9 and 108.7. The section applies to the whole subchapter. 
Criminal statutes, such as 18 U.S.C. 1001, prohibit intentional 
falsification and fraud. This section provides a civil remedy for 
similar conduct. See Amendment Nos. 107-9 and 108-4, Falsification of 
Security Records (61 FR 64242, Dec. 3, 1996) in which these rules were 
first adopted.
    Section 1540.105 transfers Secs. 107.11 and 108.9, regarding the 
security responsibilities of employees and other persons.
    Section 1540.107 transfers Sec. 108.201(c), which requires 
individuals who enter a sterile area to submit to screening. 
Transferring the section to part 1540 makes more clear that the rule 
applies to individuals entering a sterile area where screening is 
conducted by TSA, an aircraft operator, or a foreign air carrier.
    Section 1540.109 is a new requirement prohibiting any person from 
interfering with, assaulting, threatening, or intimidating screening 
personnel in the performance of their screening duties. This section 
was proposed in the January 2000 screening company NPRM and received no 
negative comments. The rule prohibits interference that might distract 
or inhibit a screener from effectively performing his or her duties. 
This rule is necessary to emphasize the importance to safety and 
security of protecting screeners from undue distractions or attempts to 
intimidate. Previous instances of such distractions have included 
verbal abuse of screeners by passengers and certain air carrier 
employees.
    A screener encountering such a situation must turn away from his or 
her normal duties to deal with the disruptive individual, which may 
affect the screening of other individuals. The disruptive individual 
may be attempting to discourage the screener from being as thorough as 
required. The screener may also need to summon a checkpoint screening 
supervisor and law enforcement officer, taking them away from other 
duties. Checkpoint disruptions potentially can be dangerous in these 
situations. This rule supports screeners' efforts to be thorough and 
helps prevent individuals from unduly interfering with the screening 
process. This rule is similar to 14 CFR 91.11, which prohibits 
interference with crewmembers aboard aircraft, and which also is 
essential to passenger safety and security.
    This rule does not prevent good-faith questions from individuals 
seeking to understand the screening of their persons or their property. 
But abusive, distracting behavior, and attempts to prevent screeners 
from performing required screening, are subject to civil penalties 
under this rule.
    This section applies to individuals interfering with screeners 
under subchapter C. Thus, if an individual interferes with a screener 
employed by a foreign air carrier, the individual violates 
Sec. 1540.109.
    This section applies to persons, not just individuals. Thus, a 
company or other entity could be found in violation of this section.
    Note that if an individual is interfering with screening in 
violation of this rule, that individual potentially is also in 
violation of State or local laws, such as those relating to disturbing 
the peace. This rule does not preempt such State and local laws. Law 
enforcement personnel at the scene will determine whether to take 
action under State or local laws. TSA will also determine whether TSA 
civil penalty action is warranted for violation of Sec. 1540.109.
    Title 49, United States Code, 46503, was added in ATSA to provide a 
criminal penalty for interfering with security personnel. Section 
1540.109 permits TSA to seek a civil penalty for actions that may not 
warrant criminal prosecution under section 46503 but do warrant legal 
enforcement action.
    Section 1540.101 regarding the carriage of weapons, explosives, and 
incendiaries by individuals, is transferred from Secs. 108.201(e) and 
(f), 108.203(e), and 129.27(a) and (b).
    Section 1540.113 requires that each individual who holds an airman 
certificate, medical certificate, authorization, or license issued by 
the FAA must present it for inspection upon a request from TSA. As the 
need to ensure aviation security increases, it becomes important for 
TSA to be able to identify individuals who have access to aircraft, 
such as pilots and mechanics. This rule makes clear that TSA can 
require an airman to show his or her FAA certificate when requested. 
This rule is especially important for use with general aviation airmen 
who are not employed by air carriers, because they do not have 
identification media issued by air carriers or aircraft operators under 
Parts 1542 or 1544. For instance, TSA may need to make such a request 
in connection with Secs. 1550.5 or 1550.7 security procedures. This 
section is similar to a number of sections in the FAA regulations, such 
as 14 CFR 61.3(l), 65.51(b), 65.89, and 65.105.

49 CFR Part 1542--Airport Security

    New part 1542 provides the rules for airport operators. It is 
largely the same as 14 CFR part 107 (66 FR 37274, July 17, 2001) and 
Sec. 107.209, Criminal history records checks, as amended (66 FR 63474, 
December 6, 2001). Some of the sections from part 107 were moved to 
part 1540 rather than part 1542 and are discussed in that portion of 
this document.

Law Enforcement Support

    This part continues to state that the airport operator must provide 
law enforcement personnel to support its security program and to 
support each system for screening persons and accessible property 
required under parts 1544 or 1546. This screening includes the 
inspection of individuals and property, as well as other security 
measures such as those that take place at the ticket counter, such as 
Computer Assisted Passenger Prescreening System (CAPPS). TSA will be 
assuming responsibility for law enforcement presence for the inspection 
of individuals and property as necessary. When TSA assumes this duty at 
the airport, the airport will no longer need to perform this function 
on a routine basis. However, the airport operator will continue to 
provide a law enforcement presence and capability that is adequate to 
ensure the safety of passengers in accordance with 49 U.S.C. 44903(c), 
including covering screening before TSA law enforcement assumes this 
duty. Airport law enforcement will also be expected to back up TSA law

[[Page 8345]]

enforcement officers at screening locations should the need arise. TSA 
will work closely with law enforcement agencies at each airport to 
ensure that all agencies cooperate in providing for the safe and secure 
operation of the airport.
    The recordkeeping requirements are changed to reflect TSA's 
participation in law enforcement support of airport security. Section 
1542.221(b) requires that certain data be maintained, except as 
authorized by TSA. This includes data regarding weapons detected during 
passenger screening and information on arrests. To the extent that TSA 
is performing these functions or gathering this data, the airport 
operator will not have to.

Criminal History Records Checks (CHRC)

    The current rule provides that the airport operator may exempt from 
the requirement to undergo a CHRC individuals in four categories. See 
Sec. 107.209(m)(1) through (4). Section 138 of ATSA, however, provides 
in part that a CHRC ``shall not be required under this subsection for 
an individual who is exempted under section 107.31(m)(1) or (2) * * * 
*'' Section 107.31 was renumbered Sec. 107.209. See 66 FR 37274, July 
17, 2001.
    Accordingly, in Sec. 1542.209(m), what formerly was (m)(1) and (2) 
are renumbered to be paragraph (m)(1)(i) and (ii), and are revised to 
state that the airport operator must authorize the subject individuals 
to have unescorted access authority. These individuals include an 
employee of the Federal, state, or local government (including a law 
enforcement officer) who, as a condition of employment, has been 
subjected to an employment investigation that includes a criminal 
records check; and a crewmember of a foreign air carrier covered by an 
alternate security arrangement in the foreign air carrier's approved 
security program.
    The other exemptions, formerly in (m)(3) and (4), are clarified. 
The airport operator may exempt certain individuals who have been 
continuously employed by another airport operator, airport user, or 
aircraft operator. In response to questions we have received, this 
section now states that the exemption does apply to contract employees 
of these entities, not only direct employees.
    The following distribution table is provided to illustrate how the 
current regulations relate to the newly added regulations.

                                               Distribution Table
----------------------------------------------------------------------------------------------------------------
       Current section  14 CFR part 107                        New section  49 CFR part 1542/1540
----------------------------------------------------------------------------------------------------------------
107.1.........................................  1542.1
107.3.........................................  1540.5
107.5.........................................  1542.3
107.7.........................................  1542.5
107.9 and 108.7...............................  1540.103
107.11 and 108.9..............................  1540.105
Subpart B (Secs.  107.101-107.113)............  Subpart B (Secs.  1542.101-1542.113)
Subpart C (Secs.  107.201-107.221)............  Subpart C (Secs.  1542.201-1542.221)
Subpart D (Secs.  107.301-107.307)............  Subpart D (Secs.  1542.301-1542.307)
----------------------------------------------------------------------------------------------------------------

49 CFR Part 1544--Aircraft Operator Security

    New part 1544 provides the rules for aircraft operators. It is 
largely the same as 14 CFR part 108 (66 FR 37330, July 17, 2001) and 
Sec. 108.229, Criminal history records checks, as amended (66 FR 63474, 
December 6, 2001). Some of the sections from part 108 were moved to 
part 1500 and are discussed in that portion of this document. The other 
significant changes are discussed below.

Screening

    Although TSA is taking over responsibility for most inspections of 
individuals and property in the United States, aircraft operators will 
continue to do some inspections, such as at foreign airports where the 
host government does not screen. Accordingly, this rule continues to 
include measures for aircraft operators to carry out when they inspect 
individuals or property for weapons, explosives, and incendiaries.
    Section 1544.201(a) continues the requirement that the aircraft 
operator use the measures in its security program to prevent or deter 
the carriage of any explosive, incendiary, or weapon on or about each 
individual's person or accessible property before boarding an aircraft 
or entering a sterile area. There are a number of measures used to 
carry out this requirement, including use of the CAPPS, inspecting the 
individual and their accessible property, and other measures. Aircraft 
operators are also required to ensure that passengers and their 
accessible property are inspected for weapons, explosives, and 
incendiaries. The means of accomplishing these inspections are 
described in Sec. 1544.207, discussed below.
    Note that Sec. 1544.201(e) continues the requirement that the 
aircraft operator not permit persons to have unauthorized explosives, 
incendiaries, or weapons when on board an aircraft. Although TSA will 
conduct most inspections, if the aircraft operator becomes aware that a 
person has an unauthorized weapon, the aircraft operator must not 
permit that weapon on board.
    Sections 1544.203 and 1544.205 continue the requirements that each 
aircraft operator must use the procedures, facilities, and equipment 
described in its security program to prevent or deter the carriage of 
any unauthorized explosive or incendiary onboard aircraft in checked 
baggage and cargo. Section 1544.203(c) requires screening of all 
checked baggage, in compliance with section 110 of ATSA.
    Section 1544.207 addresses the inspection of individuals, 
accessible property, checked baggage, and cargo. At locations within 
the United States at which TSA conducts such inspections, the aircraft 
operator's responsibility will be to ensure that passengers and 
property are inspected by TSA. The aircraft operator must follow 
procedures used at that airport to do so. For instance, the aircraft 
operator may not allow passengers to bypass inspection by bringing them 
to an aircraft from the ramp side, unless special arrangements are made 
to inspect the passengers.
    Section 1544.207(c) provides that at locations where TSA or the 
host government is not conducting the

[[Page 8346]]

inspections, the aircraft operator will continue to be responsible for 
conducting the inspections. For instance, at most foreign airports 
aircraft operators are responsible for inspecting checked baggage. At 
such locations the aircraft operators must conduct the inspections in 
accordance with this part and their security program.
    Section 1544.207(d) provides that at locations outside the United 
States at which the foreign government conducts inspections, the 
aircraft operator must ensure that the individuals and property have 
been inspected by the foreign government. The host government may 
inspect using government employees or using contractors hired by the 
government. In either case the aircraft operator must follow the 
procedures at that airport to ensure that the inspections are conducted 
before boarding the passengers and property.

Criminal History Records Checks (CHRC)

    Section 1544.229 covers fingerprint-based criminal history records 
checks (CHRCs). This section requires all individuals who have 
unescorted access to the SIDA, and all individuals with authority to 
perform screening functions for passengers and accessible property, to 
undergo a CHRC. See 66 FR 63474 (December 6, 2001).
    This section currently only covers screening functions for 
passengers and accessible property because, until ATSA, the statute 
providing authority for these checks only covered such functions. 
Further, it appears that almost all individuals who screen checked 
baggage and cargo are covered under the current rule, because they also 
screen passengers and accessible property, or because they have 
unescorted access to the SIDA where they handle checked baggage and 
cargo.
    ATSA amended the statute as to CHRCs so that it also covers 
screening of checked baggage and cargo. See ATSA sections 110 and 49 
U.S.C. 44901(a) and 44936. In addition, ATSA emphases the need to 
enhance security for checked baggage and cargo, and to expand the use 
of background checks. See ATSA section 110 and 136. TSA has determined, 
therefore, that we must ensure that all screeners of checked baggage 
and cargo have undergone a CHRC. This rule applies to new screeners as 
of February 17, 2002, and allows the aircraft operators until December 
6, 2002, to conduct the CHRCs on current screeners. This is essentially 
the same as the December 2001 amendment to this section.
    Further, this section requires that individuals who accept checked 
baggage for transport on behalf of the aircraft operator must undergo a 
CHRC. This includes ticket agents, sky caps, individuals at remote 
check-in sites at hotels, and others. Most such individuals currently 
have unescorted access to the SIDA and therefore are subject to the 
current rule. There are some, however, that are not currently subject 
to Sec. 1544.229.
    Individuals who accept checked baggage exercise important security 
functions, which may include such functions as identifying those items 
that require extra security, and guarding the baggage from tampering. 
It is important that such individuals can be relied on. Accordingly, 
this rule ensures that all such individuals will undergo a CHRC.
    Note that this section does not cover individuals who accept cargo 
for transport (except for those who also screen cargo). Many such 
individual have unescorted access to the SIDA and therefore are subject 
to the rule. As to the others, TSA is now closely examining the cargo 
industry and determining what additional security measures may be 
advisable. We will provide for additional security measures in the 
future.
    Paragraph (g) covers determining the arrest status of an individual 
when the CHRC results show an arrest for a disqualifying criminal 
offence but do not show the disposition of that offense. This paragraph 
states that the aircraft operator must determine, after investigation, 
that the arrest did not result in a disqualifying offense before the 
individual may serve in the covered position. This has been interpreted 
by some people to mean that there must be a disposition in order for 
the individual to serve. This was not intended. For instance, if the 
court is holding the case in abeyance, and there is no conviction or 
finding of not guilty by reason of insanity, the individual is not 
disqualified. This section is amended to better explain this meaning. 
Note that if the individual is later convicted he or she must report 
the conviction under paragraph (l). The same change is made to 
Sec. 1542.209(g) for airport operators.
    The requirements for screener qualifications and testing are now in 
subpart E, discussed below.

Screener Qualifications

    Subpart E contains the qualifications and training standards for 
screeners. Current screeners will continue under the current standard 
(14 CFR 108.213 in the current rule, 49 CFR 1544.403 in this new rule) 
until November 19, 2002, when all screeners must meet the new 
standards. TSA is developing new training that it will provide to 
aircraft operators and foreign air carriers, and will order them to 
begin using on a specified date. The new standards will apply to those 
who first serve as screeners on and after that date.
    Sections 1544.405 through 1544.411 cover the new screeners, who 
first serve as screeners on and after February 17, 2002. Most of the 
new standards come from ATSA. These provisions are essentially the same 
as those that TSA will use for screeners that it hires as employees to 
screen in the majority of airports. This rule will ensure that all 
screeners meet the same enhanced standards required under ATSA.
    Section 1544.405, regarding the qualifications of screening 
personnel, incorporates the basic qualifications for screeners now in 
Sec. 108.213, and additions from ATSA. Screeners must be U.S. citizens 
and have a high school diploma or a General Equivalency Diploma (GED). 
As authorized by ATSA, TSA may determine that the individual's 
education and experience are sufficient instead of the high school 
diploma or GED. Screeners must also have a satisfactory or better score 
on a screener selection test provided by TSA.
    Section 1544.405 also sets out that those seeking to be screeners 
must have the fundamental physical and mental aptitude necessary to 
perform the job. These include the statutory requirements for adequate 
color perception, motor skills and related physical abilities in 
accordance with their assignment, and the ability to read, write, and 
speak in English.
    Section 1544.407 covers the training, testing, and knowledge of 
individuals who perform screening functions. For those locations where 
the hiring and training of screeners remain an aircraft operator 
responsibility, the aircraft operator or foreign air carrier will be 
responsible to meet specific training and testing standards. Except as 
part of on-the-job training, no one may perform screening functions 
without having completed the required initial, recurrent, and 
specialized training, and no aircraft operator may use screeners who 
are not properly trained.
    More specifically, for screeners who first serve on or after 
February 17, 2002, this section provides that training must be 
conducted using training programs that have been made available by TSA. 
Current standards allow for as little as 12 hours of classroom 
instruction; as required by statute, newly hired trainees must complete 
40 hours of classroom training. The required training program will be 
made available through the aircraft operator's or foreign air carrier's 
Principal Security Inspector. The

[[Page 8347]]

material in the training program will take 40 hours to cover 
adequately.
    Following classroom instruction, but before moving on to the on-
the-job portion of the training, a trainee must pass the screener 
readiness test. On-the-job training must be for at least 60 hours, in 
accordance with ATSA. Although a trainee will be performing screening 
functions during on-the-job training, he or she must be closely 
supervised. Further testing is required after completion of on-the-job 
training before the screener is allowed to make independent judgments 
as a screener.
    Under Sec. 1544.407(g), aircraft operators are prohibited from 
allowing trainees to have access to sensitive security information 
(SSI) until the criminal history records check (required by 
Sec. 1544.229) is successfully completed. As discussed in the changes 
to part 1520, certain information related to civil aviation security 
must be protected from unauthorized disclosure because it could be used 
to attempt to defeat the security system if it falls into the wrong 
hands.
    Before allowing an individual to screen passengers and property 
that will be carried in the cabin of an aircraft, the aircraft operator 
must conduct a criminal history records check and verify that the 
individual does not have a disqualifying criminal offense. These 
requirements are set out at Sec. 1544.229. Under this rule, that check 
must be completed before giving SSI to a trainee. Criminal history 
records checks are also required for individuals with unescorted access 
to security identification display areas (SIDA). They are conducted by 
either the airport operator or aircraft operator. See 49 U.S.C. 44936 
and Sec. 1544.229. See also Criminal History Records Checks, 66 FR 
63474, Dec. 6, 2001.
    Section 1544.409 covers the integrity of screener tests. Paragraph 
(a) makes it a violation to cheat or facilitate cheating on any 
screener test, such as by unauthorized copying, or giving or receiving 
improper assistance on the test. This section was proposed in the 
screening company NPRM and no commenters objected. This section 
emphasizes that cheating is not permitted on any training test 
administered to or taken by screening personnel, to include test 
monitors, screeners, screeners in charge, and checkpoint security 
supervisors. These requirements are similar to the testing regulations 
for pilots in 14 CFR 61.37.
    Certain of the requirements apply ``except as authorized,'' to 
provide for the possibility that in the future, TSA would authorize 
such conduct as the use of certain outside materials. For instance, in 
pilot exams, the applicants may bring flight computers to perform 
required calculations.
    In addition, Sec. 1544.409(b) governs administering and monitoring 
screener readiness tests. Whenever a screener readiness test is to be 
performed, the aircraft operator must notify the agency. If a 
government official is not available at the time the test is being 
conducted, the test must be administered and monitored by a direct 
employee of the aircraft operator. Screening companies will not be 
permitted to monitor their own screener readiness tests. The monitor 
must not be a screener or supervisor, but must understand the nature of 
the test and be able to detect cheating. This does not require 
knowledge of the subject matter in which the screener is tested. For 
instance, the monitor must know what, if any, outside materials the 
screener is allowed to use and be able to observe whether the screener 
is using unauthorized materials. The monitor will be expected to call 
up the test on the computer for the trainee, to submit the computerized 
test for grading, and to make a record of the grade, such as by 
printing out the result.
    We recognize that at some airports the aircraft operator may not 
have an employee who can perform this task. The rule provides that TSA 
may authorize an aircraft operator or foreign air carrier to use as a 
test monitor a person who is neither a direct employee nor a government 
employee. This ensures independence on the part of the person who is 
monitoring the test. For instance, an aircraft operator or foreign air 
carrier may have difficulty at small airports at which it has few 
flights. Such airports often have a pilot school or fixed base operator 
at which an FAA-designated examiner administers and monitors written 
pilot tests. Designated examiners are very familiar with monitoring 
tests to prevent cheating. An aircraft operator or foreign air carrier 
could consider arranging for the designated examiner to monitor the 
screener training tests.
    If multiple aircraft operators or foreign air carriers contract 
with one screening company, TSA will authorize one of them to monitor 
the screener tests, or the responsibility may be rotated among them.
    We are not requiring that the on-the-job training tests be 
monitored because of the logistical difficulties involved with 
screeners completing their 60 hours of on-the-job training at varied 
times.
    Section 1544.411 covers the continuing qualifications for screening 
personnel. ATSA states that a screener must be fit for duty on a daily 
basis, unimpaired by illegal drugs, sleep deprivation, medication, or 
alcohol. Paragraph (a) of this section includes these requirements, but 
also makes it clear that they are intended as examples of potential 
causes of impairment rather than an exclusive list. We believe that 
fitness for duty is an absolute requirement for proper execution of a 
screener's responsibilities, and on-duty impairment is unacceptable, 
irrespective of the cause.
    Under Sec. 1544.411(b), aircraft operators are prohibited from 
allowing screeners who have not completed training, including on-the-
job training, to exercise independent judgment about permitting 
individuals or property to pass into the sterile area of an airport or 
aboard an aircraft.
    Under paragraph (c), whenever a screener fails a TSA operational 
test, he or she must undergo remedial training before being permitted 
to resume screening duties.
    An annual proficiency review is required in paragraph (d). To 
ensure that a screener's skills are maintained over time, the aircraft 
operator's Ground Security Coordinator must conduct an annual 
evaluation of each person performing screening functions. This is the 
same requirement as set forth in Sec. 108.213(d). This proficiency 
review must satisfactorily demonstrate that the screener continues to 
meet all qualification requirements, has performed satisfactorily, and 
demonstrates the current knowledge and skills necessary to courteously, 
vigilantly, and effectively perform screening functions.

Signs for X-ray Systems

    The current rules require aircraft operators to post signs if they 
use X-ray technology, including explosive detection systems. See 
Secs. 108.209(e) and 108.211(b). The signs alert people that items are 
inspected by X-rays and warn them to remove X-ray, scientific, and 
high-speed film from their accessible property and checked baggage.
    This rule includes these sign requirements when the aircraft 
operator conducts screening using X-ray technology. If TSA is screening 
accessible property, however, the aircraft operator is not responsible 
for the signs. TSA will control the screening checkpoint and will post 
all necessary signs. This rule requires aircraft operators to post 
signs where checked baggage is accepted if either TSA or the aircraft 
operator screens checked baggage using X-ray technology. See 
Secs. 1544.209(e) and 1544.211(b). The aircraft operators

[[Page 8348]]

continue to have control over locations where checked baggage is 
accepted and must post the signs to provide necessary information to 
the passengers. These signs are already posted in most places where 
they are needed. The aircraft operators will simply need to keep them 
posted.
    The following distribution table is provided to illustrate how the 
current regulations relate to the newly added regulations.

                           Distribution Table
------------------------------------------------------------------------
                                            New section 49 CFR part 1544/
      Current section 14 CFR part 108                   1540
------------------------------------------------------------------------
108.1.....................................  1544.1
108.3.....................................  1540.5
108.5.....................................  1544.3
108.7 and 107.9...........................  1540.103
108.9 and 107.11..........................  1540.105
Subpart B (Secs.  108.101-108.105)........  Subpart B (Secs.  1544.101-
                                             1544.105)
108.201(c)................................  1540.107
108.201(e) and (f)........................  1540.101
108.203 (e)...............................  1540.101
108.205...................................  1544.205
108.207...................................  1544.209
108.209...................................  1544.211
108.211...................................  1544.213
108.213...................................  1544.403
Subpart C (Secs.  108.215-108.235)........  Subpart C (Secs.  1544.215-
                                             1544.235)
Subpart D (Secs.  108.301-108.305)........  Subpart D (Secs.  1544.301-
                                             1544.305)
------------------------------------------------------------------------

49 CFR Part 1546--Foreign Air Carrier Security

    New part 1546 provides the rules for foreign air carriers that 
operate within the United States. It largely contains the same 
requirements as the security sections in 14 CFR part 129, including 
Secs. 129.25, 129.26, 129.27, and 129.31. However, it has been 
reorganized for ease of use, and certain requirements are updated, such 
as the procedure for adopting and amending a security program. Further, 
several additional measures are amended or added, including signs for 
X-ray machines in Sec. 1546.209, and screener qualifications and 
training in subpart E is added, reading essentially the same and for 
the same reasons as in part 1544.
    Section 1546.209 (current Sec. 129.26) covers the use of X-ray 
systems. The industry standard for X-ray systems is updated for foreign 
air carriers in Sec. 1546.209(g), consistent with the requirement for 
aircraft operators in Sec. 1544.209(g). The ASTM standard has been 
amended to provide an updated operational test procedure. Foreign air 
carriers currently are carrying out this procedure. This rule 
incorporates the new ASTM standard.
    The following chart cross-references applicable sections of the 
regulations for foreign air carrier security that were moved from 14 
CFR to 49 CFR:

                           Distribution Table
------------------------------------------------------------------------
Current section/part  14 CFR part   New section/part  49 CFR part 1546/
               129                               1540/1510
------------------------------------------------------------------------
129.25(a)........................  1510.3
129.25(b)........................  1546.101
129.25(b)(1).....................  1546.101(a)
129.25(b)(2).....................  1546.101(b)
129.25(b)(3).....................  1546.101(c)
129.25(b)(4).....................  1546.101(d)
129.25(c)........................  1546.103(b)
129.25(d)........................  1546.103(c)
129.25(e)........................  1546.103(a)(1)
129.25(e)(1).....................  1546.103(a)(2)
129.25(e)........................  1546.105
129.25(f)........................  1546.301
129.25(g)........................  1546.201(c)
129.25(h)........................  1546.209(a)
129.25(i)........................  1546.209(b)
129.25(j)........................  1546.201(a), (b)
129.26...........................  1546.207
129.27(a)........................  1546.201(d) and 1540.101
129.27(b)........................  1546.203(c) and 1540.101
129.31...........................  1546.103(d)
------------------------------------------------------------------------

49 CFR Part 1548--Indirect Air Carrier Security

    New part 1548 provides the rules for indirect air carriers. It is 
largely the same as 14 CFR part 109. However, it has been reorganized 
for readability and to update certain requirements, such as the 
procedure for adopting and amending a security program.
    In the screening company NPRM the FAA proposed to add a section on 
the FAA's inspection authority. No comments were received. Section 
1548.3 contains TSA's inspection authority for indirect air carriers, 
which is the same as for aircraft operators under part 1544 and others 
under this subchapter.
    Section 1548.5 and 1548.7 contain the requirements for security 
programs. These sections were proposed (in slightly different formats) 
in the January 2000 screening company NPRM and received no negative 
comments. Section 1548.5, Adoption and implementation, redesignates 
current Sec. 109.3 as Sec. 1548.5 and reorganizes it to be similar to 
Sec. 1544.103. Section 1548.5 is largely the same as current 
Sec. 109.3. New paragraph 1548.5(d)(2) makes clear that the security 
program at each office where cargo is accepted may be an electronic 
version.
    Section 1548.7 restates and clarifies Sec. 109.5 and makes it 
consistent with Sec. 1544.105.
    The following distribution table is provided to illustrate how the 
current regulations relate to the newly added regulations.

                           Distribution Table
------------------------------------------------------------------------
                                                                  New
                                                                section
              Current  section  14 CFR part 109                  49 CFR
                                                               part 1548
------------------------------------------------------------------------
109.1........................................................     1548.1
109.3........................................................     1548.5
109.5........................................................     1548.7
------------------------------------------------------------------------

49 CFR Part 1550--Aircraft Security Under General Operating and 
Flight Rules

    This part includes security requirements for aircraft operations 
other than those governed by other parts in this subchapter. It covers 
air carrier operations that are not covered by part 1544, such as 
corporate and private aircraft, and other operations. Part 1550 now 
provides the rules for aircraft operators covered under SFAR 91 (66 FR 
50531, Oct. 4, 2001). It contains the same requirements as those in the 
SFAR, but is reorganized.
    In addition, Sec. 1550.3 describes TSA's inspection authority for 
aircraft operators under this part. It is largely the same as for 
aircraft operators under part 1544 and others under this subchapter, 
except that it does not include references to access to the SIDA, 
because they are not relevant in this part.
    Section 1550.5 is essentially the same as SFAR 91 paragraph 1(a).
    Section 1550.7 is essentially the same as SFAR 91 paragraph 1(b), 
except that the size of aircraft covered is expanded. SFAR 91 covers 
aircraft with a maximum certificated takeoff weight of more than 12,500 
pounds. However, in ATSA Congress has provided that the agency must 
require increased security for aircraft of 12,500 pounds or more. See 
ATSA sections 113 and 132(a). Accordingly, Sec. 1550.7 provides that 
TSA may require additional measures for operators of aircraft 12,500 
pounds or more maximum certificated takeoff weight when TSA determines 
that a threat exists.
    The following distribution table is provided to illustrate how the 
current regulations relate to the newly added regulations.

                           Distribution Table
------------------------------------------------------------------------
  Current section  SFAR No. 91 in 14 CFR      New section  49 CFR part
                  part 91                               1550
------------------------------------------------------------------------
1(a)......................................  1550.5

[[Page 8349]]

 
1(b)......................................  1550.7
2.........................................  Secs.  1550.5 and 1550.7
3.........................................  Secs.  1550.5 and 1550.7
4.........................................  Secs.  1550.5 and 1550.7
5.........................................  1550.1
------------------------------------------------------------------------

Good Cause for Immediate Adoption

    This action mostly is an administrative action moving rules from 
one title to another in the Code of Federal Regulations. In addition, 
ATSA imposes a statutory mandate for TSA to improve screener 
qualifications and training, checked baggage security, and cargo 
security. This action is necessary to prevent a possible imminent 
hazard to aircraft and persons and property within the United States. 
Because the circumstances described herein warrant immediate action, 
the Under Secretary finds that notice and public comment under 5 U.S.C. 
553(b) are impracticable and contrary to the public interest. We will 
consider all comments we receive on or before the closing date for 
comments. We will consider comments filed late if it is possible to do 
without incurring expense or delay. We may further amend this rule in 
light of the comments we receive.

Paperwork Reduction Act

    This final rule contains information collection requirements that 
were previously approved for parts 107 (2120-0075, 2120-0554, 2120-
0628), 108 (2120-0098, 2120-0554, 2120-0577, 2120-0628, 2120-0642), 109 
(2120-0505), and 129 (2120-0638), in accordance with the Paperwork 
Reduction Act (44 U.S.C. Section 3507(d)). TSA is submitting to the 
Office of Management and Budget a supplemental justification requesting 
that these approvals be transferred from the FAA to TSA.

Economic Analyses

    This rulemaking action is taken under an emergency situation within 
the meaning of Section 6(a)(3)(D) of Executive Order 12866, Regulatory 
Planning and Review. It also is considered an emergency regulation 
under Paragraph 11g of the Department of Transportation (DOT) 
Regulatory Policies and Procedures. In addition, it is a significant 
rule within the meaning of the Executive Order and DOT's policies and 
procedures. No regulatory analysis or evaluation accompanies this rule. 
TSA has not assessed whether this rule will have a significant economic 
impact on a substantial number of small entities as defined in the 
Regulatory Flexibility Act of 1980. When no notice of proposed 
rulemaking has first been published, the Regulatory Flexibility Act 
does not apply. TSA recognizes that this rule may impose significant 
costs on aircraft operators and foreign air carriers. An assessment 
will be conducted in the future. In any event, the current security 
threat requires that operators take necessary measures to ensure the 
safety and security of their operations. This rule has been reviewed by 
the Office of Management and Budget under Executive Order 12866.

Executive Order 13132, Federalism

    The TSA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. We determined that this action will 
not have a substantial direct effect on the States, or the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, we have determined that this final rule does not have 
federalism implications.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. The FAA and TSA have assessed the potential effect of this 
final rule and have determined that it will impose the same costs on 
domestic and international entities and thus has a neutral trade 
impact.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in a $100 million or more expenditure (adjusted annually for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.''
    The requirements of Title II of the Unfunded Mandates Reform Act of 
1995 do not apply when rulemaking actions are taken without the 
issuance of a notice of proposed rulemaking. Therefore, the FAA and TSA 
have not prepared a statement under the Act.

Environmental Analysis

    TSA has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this rule has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA) Public Law 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that this rule is not a major regulatory action under the provisions of 
the EPCA.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires TSA to comply with small entity requests for information 
advice about compliance with statutes and regulations within TSA's 
jurisdiction. Any small entity that has a question regarding this 
document may contact the person listed in FOR FURTHER INFORMATION 
CONTACT for information. You can get further information regarding 
SBREFA on the Small Business Administration's Web page at http://www.sba.gov/advo/laws/law_lib.html.

List of Subjects

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, 
Noise control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

14 CFR Part 107

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

14 CFR Part 108

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

14 CFR Part 109

    Air carriers, Aircraft, Freight forwarders, Security measures.

[[Page 8350]]

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, 
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping 
requirements, Safety, Transportation.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety, Security measures.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug 
abuse, Drug testing, Reporting and recordkeeping requirements.

14 CFR Part 139

    Air carriers, Airports, Aviation safety, Reporting and 
recordkeeping requirements.

14 CFR Part 191

    Air transportation, Security measures.

49 CFR Part 1500

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1510

    Accounting, Auditing, Air carriers, Air transportation, 
Enforcement, Federal oversight, Foreign air carriers, Reporting and 
recordkeeping requirements, Security measures.

49 CFR Part 1520

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1540

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1542

    Air carriers, Aircraft, Aviation safety, Security measures.

49 CFR Part 1544

    Air carriers, Aircraft, Aviation safety, Freight forwarders, 
Incorporation by reference, Reporting and recordkeeping requirements, 
Security measures.

49 CFR Part 1546

    Aircraft, Aviation safety, Foreign air carriers, Incorporation by 
reference, Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1548

    Air transportation, Reporting and recordkeeping requirements, 
Security measures.

49 CFR Part 1550

    Aircraft, Security measures.

Federal Aviation Administration

14 CFR Chapter I

Authority and Issuance

    For the reasons stated in the preamble and under the authority of 
49 U.S.C. 40102, the Federal Aviation Administration amends 14 CFR 
chapter I as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).


Special Federal Aviation Regulation No. 91--[Removed]    

    2. Remove SFAR No. 91 from 14 CFR part 91.

PART 107--[REMOVED]

    3. Remove 14 CFR part 107.

PART 108--[REMOVED]

    4. Remove 14 CFR part 108.

PART 109--[REMOVED]

    5. Remove 14 CFR part 109.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    6. Revise the authority citation for part 121 to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.


    7. Revise Sec. 121.538 to read as follows:


Sec. 121.538  Aircraft security.

    Certificate holders conducting operations under this part must 
comply with the applicable security requirements in 49 CFR chapter XII.

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

    8. Revise the authority citation for part 129 to read as follows:

    Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 41706, 
44701-44702, 44712, 44716-44717, 44722.


    9. Revise Sec. 129.25 to read as follows:


Sec. 129.25  Airplane security.

    Foreign air carriers conducting operations under this part must 
comply with the applicable security requirements in 49 CFR chapter XII.


Secs. 129.26, 129.27, and 129.31  [Removed]

    10. Remove Secs. 129.26, 129.27, and 129.31.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

    11. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44101, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722.


    12. Revise Sec. 135.125 to read as follows:


Sec. 135.125  Aircraft security.

    Certificate holders conducting operators conducting operations 
under this part must comply with the applicable security requirements 
in 49 CFR chapter XII.

PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING 
CERTAIN AIR CARRIERS

    13. The authority citation for part 139 continues to read as 
follows:

    Authority: 49 U.S.C. 106 (g), 40113, 44701-44706, 44709, 44719.


    14. Section 139.325(h) is revised to read as follows:


Sec. 139.325  Airport emergency plan.

* * * * *
    (h) Each airport subject to 49 CFR part 1542, Airport Security, 
shall ensure that instructions for response to paragraphs (b)(2) and 
(b)(6) of this section in the airport emergency plan are consistent 
with its approved security program.
* * * * *

PART 191--[REMOVED]

    15. Remove 14 CFR part 191.

    Issued in Washington, DC on February 14, 2002.
Jane F. Garvey,
Administrator.

Transportation Security Administration

49 CFR Chapter XII

[[Page 8351]]


    For the reasons stated in the preamble, the Transportation Security 
Administration amends 49 CFR Chapter XII as follows:

    1. Add new subchapter A and part 1500 to Chapter XII to read as 
follows:

SUBCHAPTER A--ADMINISTRATIVE AND PROCEDURAL RULES

PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS

Sec.
1500.1   Applicability.
1500.3   Terms and abbreviations used in this chapter.
1500.5   Rules of construction.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.


Sec. 1500.1  Applicability.

    This chapter, this subchapter, and this part apply to all matters 
regulated by the Transportation Security Administration.


Sec. 1500.3  Terms and abbreviations used in this chapter.

    As used in this chapter:
    Person means an individual, corporation, company, association, 
firm, partnership, society, joint-stock company, or governmental 
authority. It includes a trustee, receiver, assignee, successor, or 
similar representative of any of them.
    Transportation Security Regulations (TSR) means the regulations 
issued by the Transportation Security Administration, in title 49 of 
the Code of Federal Regulations, chapter XII, which includes parts 1500 
through 1699.
    TSA means the Transportation Security Administration.
    Under Secretary means the Under Secretary of Transportation for 
Security.
    United States, in a geographical sense, means the States of the 
United States, the District of Columbia, and territories and 
possessions of the United States, including the territorial sea and the 
overlying airspace.


Sec. 1500.5  Rules of construction.

    (a) In this chapter, unless the context requires otherwise:
    (1) Words importing the singular include the plural.
    (2) Words importing the plural include the singular.
    (3) Words importing the masculine gender include the feminine.
    (b) In this chapter, the word:
    (1) ``Must'' is used in an imperative sense;
    (2) ``May'' is used in a permissive sense to state authority or 
permission to do the act prescribed, and the words ``no person may * * 
*'' or ``a person may not * * *'' mean that no person is required, 
authorized, or permitted to do the act prescribed; and
    (3) ``Includes'' means ``includes but is not limited to''.
    2. Existing part 1510 is transferred to subchapter A.

    3. Add new subchapter B and part 1520 to Chapter XII.

SUBCHAPTER B--SECURITY RULES FOR ALL MODES OF TRANSPORTATION

PART 1520--PROTECTION OF SENSITIVE SECURITY INFORMATION

Sec.
1520.1   Applicability and definitions.
1520.3   Records and information withheld by the Department of 
Transportation.
1520.5   Records and information protected by others.
1520.7   Sensitive security information.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.


Sec. 1520.1  Applicability and definitions.

    (a) This part governs the release, by the Transportation Security 
Administration and by other persons, of records and information that 
has been obtained or developed during security activities or research 
and development activities.
    (b) For purposes of this part:
    Record includes any writing, drawing, map, tape, film, photograph, 
or other means by which information is preserved, irrespective of 
format.
    Vulnerability assessment means any examination of a transportation 
system, vehicle, or facility to determine its vulnerability to unlawful 
interference.
    (c) The authority of the Under Secretary under this part may be 
further delegated within TSA.
    (d) The Under Secretary's authority under this part to withhold or 
to disclose sensitive security information is also exercised, in 
consultation with the Under Secretary, by the Commandant of the United 
States Coast Guard, as to matters affecting and information held by the 
Coast Guard, and the Administrator of each DOT administration, as to 
matters affecting and information held by that administration, and any 
individual formally designated to act in their capacity.


Sec. 1520.3  Records and information withheld by the Department of 
Transportation.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
and notwithstanding the Freedom of Information Act (5 U.S.C. 552) or 
other laws, the records and information described in Sec. 1520.7 and 
paragraph (b) of this section are not available for public inspection 
or copying, nor is information contained in those records released to 
the public.
    (b) Section 1520.7 describes the information that TSA prohibits 
from disclosure. The Under Secretary prohibits disclosure of 
information developed in the conduct of security or research and 
development activities under 49 U.S.C. 40119 if, in the opinion of the 
Under Secretary, the disclosure of such information would:
    (1) Constitute an unwarranted invasion of privacy (including, but 
not limited to, information contained in any personnel, medical, or 
similar file);
    (2) Reveal trade secrets or privileged or confidential information 
obtained from any person; or
    (3) Be detrimental to the safety of persons traveling in 
transportation.
    (c) If a record contains information that the Under Secretary 
determines cannot be disclosed under this part, but also contains 
information that can be disclosed, the latter information, on proper 
Freedom of Information Act request, will be provided for public 
inspection and copying. However, if it is impractical to redact the 
requested information from the document, the entire document will be 
withheld from public disclosure.
    (d) After initiation of legal enforcement action, if the alleged 
violator or designated representative so requests, the Chief Counsel, 
or designee, may provide copies of portions of the enforcement 
investigative report (EIR), including sensitive security information. 
This information may be released only to the alleged violator or 
designated representative for the sole purpose of providing the 
information necessary to prepare a response to the allegations 
contained in the legal enforcement action document. Such information is 
not released under the Freedom of Information Act. Whenever such 
documents are provided to an alleged violator or designated 
representative, the Chief Counsel or designee advises the alleged 
violator or designed representative that--
    (1) The documents are provided for the sole purpose of providing 
the information necessary to respond to the allegations contained in 
the legal enforcement action document; and
    (2) Sensitive security information contained in the documents 
provided must be maintained in a confidential manner to prevent 
compromising civil aviation security, as provided in Sec. 1520.5.

[[Page 8352]]

Sec. 1520.5  Records and information protected by others.

    (a) Duty to protect information. The following persons must 
restrict disclosure of and access to sensitive security information 
described in Sec. 1520.7 (a) through (g), (j), (k), and (m) through 
(r), and, as applicable, Sec. 1520.7 (l) to persons with a need to know 
and must refer requests by other persons for such information to TSA or 
the applicable DOT administration:
    (1) Each person employed by, contracted to, or acting for a person 
listed in this paragraph (a).
    (2) Each airport operator under part 1542 of this chapter.
    (3) Each aircraft operator under part 1544 of this chapter.
    (4) Each foreign air carrier under part 1546 of this chapter.
    (5) Each indirect air carrier under part 1548 of this chapter.
    (6) Each aircraft operator under Sec. 1550.5 of this chapter.
    (7) Each person receiving information under Sec. 1520.3 (d).
    (8) Each person for which a vulnerability assessment has been 
authorized, approved, or funded by DOT, irrespective of the mode of 
transportation.
    (b) Need to know. For some specific sensitive security information, 
the Under Secretary may make a finding that only specific persons or 
classes of persons have a need to know. Otherwise, a person has a need 
to know sensitive security information in each of the following 
circumstances:
    (1) When the person needs the information to carry out DOT-
approved, accepted, or directed security duties.
    (2) When the person is in training to carry out DOT-approved, 
accepted, or directed security duties.
    (3) When the information is necessary for the person to supervise 
or otherwise manage the individuals carrying to carry out DOT-approved, 
accepted, or directed security duties.
    (4) When the person needs the information to advise the persons 
listed in paragraph (a) of this section regarding any DOT security-
related requirements.
    (5) When the person needs the information to represent the persons 
listed in paragraph (a) of this section in connection with any judicial 
or administrative proceeding regarding those requirements.
    (c) Release of sensitive security information. When sensitive 
security information is released to unauthorized persons, any person 
listed in paragraph (a) of this section or individual with knowledge of 
the release, must inform DOT.
    (d) Violation. Violation of this section is grounds for a civil 
penalty and other enforcement or corrective action by DOT.
    (e) Applicants. Wherever this part refers to an aircraft operator, 
airport operator, foreign air carrier, or indirect air carrier, those 
terms also include applicants for such authority.
    (f) Trainees. An individual who is in training for a position is 
considered to be employed by, contracted to, or acting for persons 
listed in paragraph (a) of this section, regardless of whether that 
individual is currently receiving a wage or salary or otherwise is 
being paid.


Sec. 1520.7  Sensitive security information.

    Except as otherwise provided in writing by the Under Secretary as 
necessary in the interest of safety of persons in transportation, the 
following information and records containing such information 
constitute sensitive security information:
    (a) Any approved, accepted, or standard security program under the 
rules listed in Sec. 1520.5(a)(1) through (6), and any security program 
that relates to United States mail to be transported by air (including 
that of the United States Postal Service and of the Department of 
Defense); and any comments, instructions, or implementing guidance 
pertaining thereto.
    (b) Security Directives and Information Circulars under 
Sec. 1542.303 or Sec. 1544.305 of this chapter, and any comments, 
instructions, or implementing guidance pertaining thereto.
    (c) Any selection criteria used in any security screening process, 
including for persons, baggage, or cargo under the rules listed in 
Sec. 1520.5(a)(1) through (6).
    (d) Any security contingency plan or information and any comments, 
instructions, or implementing guidance pertaining thereto under the 
rules listed in Sec. 1520.5(a)(1) through (6).
    (e) Technical specifications of any device used for the detection 
of any deadly or dangerous weapon, explosive, incendiary, or 
destructive substance under the rules listed in Sec. 1520.5(a)(1) 
through (6).
    (f) A description of, or technical specifications of, objects used 
to test screening equipment and equipment parameters under the rules 
listed in Sec. 1520.5(a)(1) through (6).
    (g) Technical specifications of any security communications 
equipment and procedures under the rules listed in Sec. 1520.5(a)(1) 
through (6).
    (h) As to release of information by TSA: Any information that TSA 
has determined may reveal a systemic vulnerability of the aviation 
system, or a vulnerability of aviation facilities, to attack. This 
includes, but is not limited to, details of inspections, 
investigations, and alleged violations and findings of violations of 14 
CFR parts 107, 108, or 109 and 14 CFR 129.25, 129.26, or 129.27 in 
effect prior to November 14, 2001 (see 14 CFR parts 60 to 139 revised 
as of January 1, 2001); or parts 1540, 1542, 1544, 1546, 1548, or 
Sec. 1550.5 of this chapter, and any information that could lead the 
disclosure of such details, as follows:
    (1) As to events that occurred less than 12 months before the date 
of the release of the information, the following are not released: the 
name of an airport where a violation occurred, the regional identifier 
in the case number, a description of the violation, the regulation 
allegedly violated, and the identity of the aircraft operator in 
connection with specific locations or specific security procedures. TSA 
may release summaries of an aircraft operator's total security 
violations in a specified time range without identifying specific 
violations. Summaries may include total enforcement actions, total 
proposed civil penalty amounts, total assessed civil penalty amounts, 
number of cases opened, number of cases referred to TSA or FAA counsel 
for legal enforcement action, and number of cases closed.
    (2) As to events that occurred 12 months or more before the date of 
the release of information, the specific gate or other location on an 
airport where an event occurred is not released.
    (3) The identity of TSA or FAA special agent who conducted the 
investigation or inspection.
    (4) Security information or data developed during TSA or FAA 
evaluations of the aircraft operators and airports and the 
implementation of the security programs, including aircraft operator 
and airport inspections and screening point tests or methods for 
evaluating such tests under the rules listed in Sec. 1520.5(a)(1) 
through (6).
    (i) As to release of information by TSA: Information concerning 
threats against transportation.
    (j) Specific details of aviation security measures whether applied 
directly by the TSA or entities subject to the rules listed in 
Sec. 1520.5(a)(1) through (6). This includes, but is not limited to, 
information concerning specific numbers of Federal Air Marshals, 
deployments or missions, and the methods involved in such operations.
    (k) Any other information, the disclosure of which TSA has 
prohibited under the criteria of 49 U.S.C. 40119.
    (l) Any draft, proposed, or recommended change to the information 
and records identified in this section.

[[Page 8353]]

    (m) The locations at which particular screening methods or 
equipment are used under the rules listed in Sec. 1520.5(a)(1) through 
(6) if TSA determines that the information meets the criteria of 49 
U.S.C. 40119.
    (n) Any screener test used under the rules listed in 
Sec. 1520.5(a)(1) through (6).
    (o) Scores of tests administered under the rules listed in 
Sec. 1520.5(a)(1) through (6).
    (p) Performance data from screening systems, and from testing of 
screening systems under the rules listed in Sec. 1520.5(a)(1) through 
(6).
    (q) Threat images and descriptions of threat images for threat 
image projection systems under the rules listed in Sec. 1520.5(a)(1) 
through (6).
    (r) Information in a vulnerability assessment that has been 
authorized, approved, or funded by DOT, irrespective of mode of 
transportation.

    4. Add new subchapter C and part 1540 to Chapter XII.

SUBCHAPTER C--CIVIL AVIATION SECURITY

PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES

Subpart A--General

Sec.
1540.1   Applicability of this subchapter and this part.
1540.3   Delegation of authority.
1540.5   Terms used in this subchapter.
Subpart B--Responsibilities of Passengers and Other Individuals and 
Persons
1540.101  Applicability of this subpart.
1540.103   Fraud and intentional falsification of records.
1540.105   Security responsibilities of employees and other persons.
1540.107   Submission to screening and inspection.
1540.109   Prohibition against interference with screening 
personnel.
1540.111   Carriage of weapons, explosives, and incendiaries by 
individuals.
1540.113   Inspection of airman certificate.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.

Subpart A--General


Sec. 1540.1  Applicability of this subchapter and this part.

    This subchapter and this part apply to persons engaged in aviation-
related activities.


Sec. 1540.3  Delegation of authority.

    (a) Where the Under Secretary is named in this subchapter as 
exercising authority over a function, the authority is exercised by the 
Under Secretary or the Deputy Under Secretary, or any individual 
formally designated to act as the Under Secretary or the Deputy Under 
Secretary.
    (b) Where TSA or the designated official is named in this 
subchapter as exercising authority over a function, the authority is 
exercised by the official designated by the Under Secretary to perform 
that function.


Sec. 1540.5  Terms used in this subchapter.

    In addition to the terms in part 1500 of this chapter, the 
following terms are used in this subchapter:
    Air operations area (AOA) means a portion of an airport, specified 
in the airport security program, in which security measures specified 
in this part are carried out. This area includes aircraft movement 
areas, aircraft parking areas, loading ramps, and safety areas, for use 
by aircraft regulated under 49 CFR part 1544 or 1546, and any adjacent 
areas (such as general aviation areas) that are not separated by 
adequate security systems, measures, or procedures. This area does not 
include the secured area.
    Aircraft operator means a person who uses, causes to be used, or 
authorizes to be used an aircraft, with or without the right of legal 
control (as owner, lessee, or otherwise), for the purpose of air 
navigation including the piloting of aircraft, or on any part of the 
surface of an airport. In specific parts or sections of this 
subchapter, ``aircraft operator'' is used to refer to specific types of 
operators as described in those parts or sections.
    Airport operator means a person that operates an airport serving a 
aircraft operator or a foreign air carrier required to have a security 
program under part 1544 or 1546 of this chapter.
    Airport security program means a security program approved by TSA 
under Sec. 1542.101 of this chapter.
    Airport tenant means any person, other than an aircraft operator or 
foreign air carrier that has a security program under part 1544 or 1546 
of this chapter, that has an agreement with the airport operator to 
conduct business on airport property.
    Airport tenant security program means the agreement between the 
airport operator and an airport tenant that specifies the measures by 
which the tenant will perform security functions, and approved by TSA, 
under Sec. 1542.113 of this chapter.
    Approved, unless used with reference to another person, means 
approved by TSA.
    Cargo means property tendered for air transportation accounted for 
on an air waybill. All accompanied commercial courier consignments, 
whether or not accounted for on an air waybill, are also classified as 
cargo. Aircraft operator security programs further define the term 
``cargo.''
    Checked baggage means property tendered by or on behalf of a 
passenger and accepted by an aircraft operator for transport, which is 
inaccessible to passengers during flight. Accompanied commercial 
courier consignments are not classified as checked baggage.
    Escort means to accompany or monitor the activities of an 
individual who does not have unescorted access authority into or within 
a secured area or SIDA.
    Exclusive area means any portion of a secured area, AOA, or SIDA, 
including individual access points, for which an aircraft operator or 
foreign air carrier that has a security program under part 1544 or 1546 
of this chapter has assumed responsibility under Sec. 1542.111 of this 
chapter.
    Exclusive area agreement means an agreement between the airport 
operator and an aircraft operator or a foreign air carrier that has a 
security program under parts 1544 or 1546 of this chapter that permits 
such an aircraft operator or foreign air carrier to assume 
responsibility for specified security measures in accordance with 
Sec. 1542.111 of this chapter.
    FAA means the Federal Aviation Administration.
    Indirect air carrier means any person or entity within the United 
States not in possession of an FAA air carrier operating certificate, 
that undertakes to engage indirectly in air transportation of property, 
and uses for all or any part of such transportation the services of a 
passenger air carrier. This does not include the United States Postal 
Service (USPS) or its representative while acting on the behalf of the 
USPS.
    Loaded firearm means a firearm that has a live round of ammunition, 
or any component thereof, in the chamber or cylinder or in a magazine 
inserted in the firearm.
    Passenger seating configuration means the total maximum number of 
seats for which the aircraft is type certificated that can be made 
available for passenger use aboard a flight, regardless of the number 
of seats actually installed, and includes that seat in certain aircraft 
that may be used by a representative of the FAA to conduct flight 
checks but is available for revenue purposes on other occasions.
    Private charter means any aircraft operator flight--
    (1) For which the charterer engages the total passenger capacity of 
the aircraft for the carriage of passengers; the passengers are invited 
by the charterer; the cost of the flight is borne

[[Page 8354]]

entirely by the charterer and not directly or indirectly by any 
individual passenger; and the flight is not advertised to the public, 
in any way, to solicit passengers.
    (2) For which the total passenger capacity of the aircraft is used 
for the purpose of civilian or military air movement conducted under 
contract with the Government of the United States or the government of 
a foreign country.
    Public charter means any charter flight that is not a private 
charter.
    Scheduled passenger operation means an air transportation operation 
(a flight) from identified air terminals at a set time, which is held 
out to the public and announced by timetable or schedule, published in 
a newspaper, magazine, or other advertising medium.
    Screening function means the inspection of individuals and property 
for weapons, explosives, and incendiaries.
    Screening location means each site at which individuals or property 
are inspected for the presence of weapons, explosives, or incendiaries.
    Secured area means a portion of an airport, specified in the 
airport security program, in which certain security measures specified 
in part 1542 of this chapter are carried out. This area is where 
aircraft operators and foreign air carriers that have a security 
program under part 1544 or 1546 of this chapter enplane and deplane 
passengers and sort and load baggage and any adjacent areas that are 
not separated by adequate security measures.
    Security Identification Display Area (SIDA) means a portion of an 
airport, specified in the airport security program, in which security 
measures specified in this part are carried out. This area includes the 
secured area and may include other areas of the airport.
    Sterile area means a portion of an airport defined in the airport 
security program that provides passengers access to boarding aircraft 
and to which the access generally is controlled by TSA, or by an 
aircraft operator under part 1544 of this chapter or a foreign air 
carrier under part 1546 of this chapter, through the screening of 
persons and property.
    Unescorted access authority means the authority granted by an 
airport operator, an aircraft operator, foreign air carrier, or airport 
tenant under part 1542, 1544, or 1546 of this chapter, to individuals 
to gain entry to, and be present without an escort in, secured areas 
and SIDA's of airports.

Subpart B--Responsibilities of Passengers and Other Individuals and 
Persons


Sec. 1540.101  Applicability of this subpart.

    This subpart applies to individuals and other persons.


Sec. 1540.103  Fraud and intentional falsification of records.

    No person may make, or cause to be made, any of the following:
    (a) Any fraudulent or intentionally false statement in any 
application for any security program, access medium, or identification 
medium, or any amendment thereto, under this subchapter.
    (b) Any fraudulent or intentionally false entry in any record or 
report that is kept, made, or used to show compliance with this 
subchapter, or exercise any privileges under this subchapter.
    (c) Any reproduction or alteration, for fraudulent purpose, of any 
report, record, security program, access medium, or identification 
medium issued under this subchapter.


Sec. 1540.105  Security responsibilities of employees and other 
persons.

    (a) No person may:
    (1) Tamper or interfere with, compromise, modify, attempt to 
circumvent, or cause a person to tamper or interfere with, compromise, 
modify, or attempt to circumvent any security system, measure, or 
procedure implemented under this subchapter.
    (2) Enter, or be present within, a secured area, AOA, SIDA or 
sterile area without complying with the systems, measures, or 
procedures being applied to control access to, or presence or movement 
in, such areas.
    (3) Use, allow to be used, or cause to be used, any airport-issued 
or airport-approved access medium or identification medium that 
authorizes the access, presence, or movement of persons or vehicles in 
secured areas, AOA's, or SIDA's in any other manner than that for which 
it was issued by the appropriate authority under this subchapter.
    (b) The provisions of paragraph (a) of this section do not apply to 
conducting inspections or tests to determine compliance with this part 
or 49 U.S.C. Subtitle VII authorized by:
    (1) TSA, or
    (2) The airport operator, aircraft operator, or foreign air 
carrier, when acting in accordance with the procedures described in a 
security program approved by TSA.


Sec. 1540.107  Submission to screening and inspection.

    No individual may enter a sterile area without submitting to the 
screening and inspection of his or her person and accessible property 
in accordance with the procedures being applied to control access to 
that area under this subchapter.


Sec. 1540.109  Prohibition against interference with screening 
personnel.

    No person may interfere with, assault, threaten, or intimidate 
screening personnel in the performance of their screening duties under 
this subchapter.


Sec. 1540.111  Carriage of weapons, explosives, and incendiaries by 
individuals.

    (a) On an individual's person or accessible property--prohibitions. 
Except as provided in paragraph (b) of this section, an individual may 
not have a weapon, explosive, or incendiary, on or about the 
individual's person or accessible property--
    (1) When performance has begun of the inspection of the 
individual's person or accessible property before entering a sterile 
area;
    (2) When the individual is entering or in a sterile area; or
    (3) When the individual is attempting to board or onboard an 
aircraft for which screening is conducted under Sec. 1544.201 or 
Sec. 1546.201 of this chapter.
    (b) On an individual's person or accessible property--permitted 
carriage of a weapon. Paragraph (a) of this section does not apply as 
to carriage of firearms and other weapons if the individual is one of 
the following:
    (1) Law enforcement personnel required to carry a firearm or other 
weapons while in the performance of law enforcement duty at the 
airport.
    (2) An individual authorized to carry a weapon in accordance with 
Secs. 1544.219, 1544.221, 1544.223, or 1546.211 of this chapter.
    (3) An individual authorized to carry a weapon in a sterile area 
under a security program.
    (c) In checked baggage. A passenger may not transport or offer for 
transport in checked baggage:
    (1) Any loaded firearm(s).
    (2) Any unloaded firearm(s) unless--
    (i) The passenger declares to the aircraft operator, either orally 
or in writing, before checking the baggage, that the passenger has a 
firearm in his or her bag and that it is unloaded;
    (ii) The firearm is unloaded;
    (iii) The firearm is carried in a hard-sided container; and
    (iv) The container in which it is carried is locked, and only the 
passenger retains the key or combination.

[[Page 8355]]

    (3) Any unauthorized explosive or incendiary.
    (d) Ammunition. This section does not prohibit the carriage of 
ammunition in checked baggage or in the same container as a firearm. 
Title 49 CFR part 175 provides additional requirements governing 
carriage of ammunition on aircraft.


Sec. 1540.113  Inspection of airman certificate.

    Each individual who holds an airman certificate, medical 
certificate, authorization, or license issued by the FAA must present 
it for inspection upon a request from TSA.
    5. Add new part 1542 to Chapter XII, Subchapter C.

PART 1542--AIRPORT SECURITY

Subpart A--General
Sec.
1542.1   Applicability of this part.
1542.3   Airport security coordinator.
1542.5   Inspection authority.
Subpart B--Airport Security Program
1542.101   General requirements.
1542.103   Content.
1542.105   Approval and amendments.
1542.103   Changed conditions affecting security.
1542.109   Alternate means of compliance.
1542.111   Exclusive area agreements.
1542.113   Airport tenant security programs.
Subpart C--Operations
1542.201   Security of the secured area.
1542.203   Security of the air operations area (AOA).
1542.205   Security of the security identification display area 
(SIDA).
1542.207   Access control systems.
1542.209   Fingerprint-based criminal history records checks (CHRC).
1542.211   Identification systems.
1542.213   Training.
1542.215   Law enforcement support.
1542.217   Law enforcement personnel.
1542.219   Supplementing law enforcement personnel.
1542.221   Records of law enforcement response.
Subpart D--Contingency Measures
1542.301   Contingency plan.
1542.303   Security Directives and Information Circulars.
1542.305   Public advisories.
1542.307   Incident management.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44907, 
44913-44914, 44916-44917, 44935-44936, 44942, 46105.

Subpart A--General


Sec. 1542.1  Applicability of this part.

    This part describes aviation security rules governing:
    (a) The operation of airports regularly serving aircraft operations 
required to be under a security program under part 1544 of this 
chapter, as described in this part.
    (b) The operation of airport regularly serving foreign air carrier 
operations required to be under a security program under part 1546 of 
this chapter, as described in this part.
    (c) Each airport operator that receives a Security Directive or 
Information Circular and each person who receives information from a 
Security Directive or Information Circular issued by the Designated 
official for Civil Aviation Security.


Sec. 1542.3  Airport security coordinator.

    (a) Each airport operator must designate one or more Airport 
Security Coordinator(s) (ASC) in its security program.
    (b) The airport operator must ensure that one or more ASCs:
    (1) Serve as the airport operator's primary and immediate contact 
for security-related activities and communications with TSA. Any 
individual designated as an ASC may perform other duties in addition to 
those described in this paragraph (b).
    (2) Is available to TSA on a 24-hour basis.
    (3) Review with sufficient frequency all security-related functions 
to ensure that all are effective and in compliance with this part, its 
security program, and applicable Security Directives.
    (4) Immediately initiate corrective action for any instance of non-
compliance with this part, its security program, and applicable 
Security Directives.
    (5) Review and control the results of employment history, 
verification, and criminal history records checks required under 
Sec. 1542.209.
    (6) Serve as the contact to receive notification from individuals 
applying for unescorted access of their intent to seek correction of 
their criminal history record with the FBI.
    (c) After July 17, 2003, no airport operator may use, nor may it 
designate any person as, an ASC unless that individual has completed 
subject matter training, as specified in its security program, to 
prepare the individual to assume the duties of the position. The 
airport operator must maintain ASC training documentation until at 
least 180 days after the withdrawal of a individual's designation as an 
ASC.
    (d) An individual's satisfactory completion of initial ASC training 
required under paragraph (c) of this section satisfies that requirement 
for all future ASC designations for that individual, except for site 
specific information, unless there has been a two or more year break in 
service as an active and designated ASC.


Sec. 1542.5  Inspection authority.

    (a) Each airport operator must allow TSA, at any time or place, to 
make any inspections or tests, including copying records, to determine 
compliance of an airport operator, aircraft operator, foreign air 
carrier, indirect air carrier, or other airport tenants with--
    (1) This subchapter and any security program under this subchapter, 
and part 1520 of this chapter; and
    (2) 49 U.S.C. Subtitle VII, as amended.
    (b) At the request of TSA, each airport operator must provide 
evidence of compliance with this part and its airport security program, 
including copies of records.
    (c) TSA may enter and be present within secured areas, AOA's, and 
SIDA's without access media or identification media issued or approved 
by an airport operator or aircraft operator, in order to inspect or 
test compliance, or perform other such duties as TSA may direct.
    (d) At the request of TSA and upon the completion of SIDA training 
as required in a security program, each airport operator promptly must 
issue to TSA personnel access and identification media to provide TSA 
personnel with unescorted access to, and movement within, secured 
areas, AOA's, and SIDA's.

Subpart B--Airport Security Program


Sec. 1542.101  General requirements.

    (a) No person may operate an airport subject to this part unless it 
adopts and carries out a security program that--
    (1) Provides for the safety and security of persons and property on 
an aircraft operating in air transportation or intrastate air 
transportation against an act of criminal violence, aircraft piracy, 
and the introduction of an unauthorized weapon, explosive, or 
incendiary onto an aircraft;
    (2) Is in writing and is signed by the airport operator;
    (3) Includes the applicable items listed in Sec. 1542.103;
    (4) Includes an index organized in the same subject area sequence 
as Sec. 1542.103; and
    (5) Has been approved by TSA.
    (b) The airport operator must maintain one current and complete 
copy of its security program and provide a copy to TSA upon request.
    (c) Each airport operator must--
    (1) Restrict the distribution, disclosure, and availability of 
sensitive security information (SSI), as defined in part 1520 of this 
chapter, to persons with a need to know; and

[[Page 8356]]

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


Sec. 1542.103  Content.

    (a) Complete program. Except as otherwise approved by TSA, each 
airport operator regularly serving operations of an aircraft operator 
or foreign air carrier described in Sec. 1544.101(a)(1) or 
Sec. 1546.101(a) of this chapter, must include in its security program 
the following:
    (1) The name, means of contact, duties, and training requirements 
of the ASC required under Sec. 1542.3.
    (2) [Reserved]
    (3) A description of the secured areas, including--
    (i) A description and map detailing boundaries and pertinent 
features;
    (ii) Each activity or entity on, or adjacent to, a secured area 
that affects security;
    (iii) Measures used to perform the access control functions 
required under Sec. 1542.201(b)(1);
    (iv) Procedures to control movement within the secured area, 
including identification media required under Sec. 1542.201(b)(3); and
    (v) A description of the notification signs required under 
Sec. 1542.201(b)(6).
    (4) A description of the AOA, including--
    (i) A description and map detailing boundaries, and pertinent 
features;
    (ii) Each activity or entity on, or adjacent to, an AOA that 
affects security;
    (iii) Measures used to perform the access control functions 
required under Sec. 1542.203(b)(1);
    (iv) Measures to control movement within the AOA, including 
identification media as appropriate; and
    (v) A description of the notification signs required under 
Sec. 1542.203(b)(4).
    (5) A description of the SIDA's, including--
    (i) A description and map detailing boundaries and pertinent 
features; and
    (ii) Each activity or entity on, or adjacent to, a SIDA.
    (6) A description of the sterile areas, including--
    (i) A diagram with dimensions detailing boundaries and pertinent 
features;
    (ii) Access controls to be used when the passenger-screening 
checkpoint is non-operational and the entity responsible for that 
access control; and
    (iii) Measures used to control access as specified in 
Sec. 1542.207.
    (7) Procedures used to comply with Sec. 1542.209 regarding 
fingerprint-based criminal history records checks.
    (8) A description of the personnel identification systems as 
described in Sec. 1542.211.
    (9) Escort procedures in accordance with Sec. 1542.211(e).
    (10) Challenge procedures in accordance with Sec. 1542.211(d).
    (11) Training programs required under Secs. 1542.213 and 
1542.217(c)(2), if applicable.
    (12) A description of law enforcement support used to comply with 
Sec. 1542.215(a).
    (13) A system for maintaining the records described in 
Sec. 1542.221.
    (14) The procedures and a description of facilities and equipment 
used to support TSA inspection of individuals and property, and 
aircraft operator or foreign air carrier screening functions of parts 
1544 and 1546 of this chapter.
    (15) A contingency plan required under Sec. 1542.301.
    (16) Procedures for the distribution, storage, and disposal of 
security programs, Security Directives, Information Circulars, 
implementing instructions, and, as appropriate, classified information.
    (17) Procedures for posting of public advisories as specified in 
Sec. 1542.305.
    (18) Incident management procedures used to comply with 
Sec. 1542.307.
    (19) Alternate security procedures, if any, that the airport 
operator intends to use in the event of natural disasters, and other 
emergency or unusual conditions.
    (20) Each exclusive area agreement as specified in Sec. 1542.111.
    (21) Each airport tenant security program as specified in 
Sec. 1542.113.
    (b) Supporting program. Except as otherwise approved by TSA, each 
airport regularly serving operations of an aircraft operator or foreign 
air carrier described in Sec. 1544.101(a)(2) or (f), or 
Sec. 1546.101(b) or (c) of this chapter, must include in its security 
program a description of the following:
    (1) Name, means of contact, duties, and training requirements of 
the ASC, as required under Sec. 1542.3.
    (2) A description of the law enforcement support used to comply 
with Sec. 1542.215(a).
    (3) Training program for law enforcement personnel required under 
Sec. 1542.217(c)(2), if applicable.
    (4) A system for maintaining the records described in 
Sec. 1542.221.
    (5) The contingency plan required under Sec. 1542.301.
    (6) Procedures for the distribution, storage, and disposal of 
security programs, Security Directives, Information Circulars, 
implementing instructions, and, as appropriate, classified information.
    (7) Procedures for public advisories as specified in Sec. 1542.305.
    (8) Incident management procedures used to comply with 
Sec. 1542.307.
    (c) Partial program. Except as otherwise approved by TSA, each 
airport regularly serving operations of an aircraft operator or foreign 
air carrier described in Sec. 1544.101(b) or Sec. 1546.101(d) of this 
chapter, must include in its security program a description of the 
following:
    (1) Name, means of contact, duties, and training requirements of 
the ASC as required under Sec. 1542.3.
    (2) A description of the law enforcement support used to comply 
with Sec. 1542.215(b).
    (3) Training program for law enforcement personnel required under 
Sec. 1542.217(c)(2), if applicable.
    (4) A system for maintaining the records described in 
Sec. 1542.221.
    (5) Procedures for the distribution, storage, and disposal of 
security programs, Security Directives, Information Circulars, 
implementing instructions, and, as appropriate, classified information.
    (6) Procedures for public advisories as specified in Sec. 1542.305.
    (7) Incident management procedures used to comply with 
Sec. 1542.307.
    (d) Use of appendices. The airport operator may comply with 
paragraphs (a), (b), and (c) of this section by including in its 
security program, as an appendix, any document that contains the 
information required by paragraphs (a), (b), and (c) of this section. 
The appendix must be referenced in the corresponding section(s) of the 
security program.


Sec. 1542.105  Approval and amendments.

    (a) Initial approval of security program. Unless otherwise 
authorized by the designated official, each airport operator required 
to have a security program under this part must submit its initial 
proposed security program to the designated official for approval at 
least 90 days before the date any aircraft operator or foreign air 
carrier required to have a security program under part 1544 or part 
1546 of this chapter is expected to begin operations. Such requests 
will be processed as follows:
    (1) The designated official, within 30 days after receiving the 
proposed security program, will either approve the program or give the 
airport operator written notice to modify the program to comply with 
the applicable requirements of this part.
    (2) The airport operator may either submit a modified security 
program to the designated official for approval, or petition the Under 
Secretary to reconsider the notice to modify within 30 days of 
receiving a notice to modify. A petition for reconsideration must be 
filed with the designated official.

[[Page 8357]]

    (3) The designated official, upon receipt of a petition for 
reconsideration, either amends or withdraws the notice, or transmits 
the petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 days of receipt by either directing the designated 
official to withdraw or amend the notice to modify, or by affirming the 
notice to modify.
    (b) Amendment requested by an airport operator. Except as provided 
in Sec. 1542.103(c), an airport operator may submit a request to the 
designated official to amend its security program, as follows:
    (1) The request for an amendment must be filed with the designated 
official at least 45 days before the date it proposes for the amendment 
to become effective, unless a shorter period is allowed by the 
designated official.
    (2) Within 30 days after receiving a proposed amendment, the 
designated official, in writing, either approves or denies the request 
to amend.
    (3) An amendment to a security program may be approved if the 
designated official determines that safety and the public interest will 
allow it, and the proposed amendment provides the level of security 
required under this part.
    (4) Within 30 days after receiving a denial, the airport operator 
may petition the Under Secretary to reconsider the denial.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the petition 
within 30 days of receipt, together with any pertinent information, to 
the Under Secretary for reconsideration. The Under Secretary disposes 
of the petition within 30 days of receipt by either directing the 
designated official to approve the amendment or affirming the denial.
    (c) Amendment by TSA. If safety and the public interest require an 
amendment, the designated official may amend a security program as 
follows:
    (1) The designated official sends to the airport operator a notice, 
in writing, of the proposed amendment, fixing a period of not less than 
30 days within which the airport operator may submit written 
information, views, and arguments on the amendment.
    (2) After considering all relevant material, the designated 
official notifies the airport operator of any amendment adopted or 
rescinds the notice. If the amendment is adopted, it becomes effective 
not less than 30 days after the airport operator receives the notice of 
amendment, unless the airport operator petitions the Under Secretary to 
reconsider no later than 15 days before the effective date of the 
amendment. The airport operator must send the petition for 
reconsideration to the designated official. A timely petition for 
reconsideration stays the effective date of the amendment.
    (3) Upon receipt of a petition for reconsideration, the designated 
official either amends or withdraws the notice, or transmits the 
petition, together with any pertinent information to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 days of receipt by either directing the designated 
official to withdraw or amend the amendment, or by affirming the 
amendment.
    (d) Emergency amendments. Notwithstanding paragraph (c) of this 
section, if the designated official finds that there is an emergency 
requiring immediate action with respect to safety and security in air 
transportation or in air commerce that makes procedures in this section 
contrary to the public interest, the designated official may issue an 
amendment, effective without stay on the date the airport operator 
receives the notice of it. In such a case, the designated official must 
incorporate in the notice a brief statement of the reasons and findings 
for the amendment to be adopted. The airport operator may file a 
petition for reconsideration under paragraph (c) of this section; 
however, this does not stay the effective date of the emergency 
amendment.


Sec. 1542.107  Changed conditions affecting security.

    (a) After approval of the security program, each airport operator 
must notify TSA when changes have occurred to the--
    (1) Measures, training, area descriptions, or staffing, described 
in the security program;
    (2) Operations of an aircraft operator or foreign air carrier that 
would require modifications to the security program as required under 
Sec. 1542.103; or
    (3) Layout or physical structure of any area under the control of 
the airport operator, airport tenant, aircraft operator, or foreign air 
carrier used to support the screening process, access, presence, or 
movement control functions required under part 1542, 1544, or 1546 of 
this chapter.
    (b) Each airport operator must notify TSA no more than 6 hours 
after the discovery of any changed condition described in paragraph (a) 
of this section, or within the time specified in its security program, 
of the discovery of any changed condition described in paragraph (a) of 
this section. The airport operator must inform TSA of each interim 
measure being taken to maintain adequate security until an appropriate 
amendment to the security program is approved. Each interim measure 
must be acceptable to TSA.
    (c) For changed conditions expected to be less than 60 days 
duration, each airport operator must forward the information required 
in paragraph (b) of this section in writing to TSA within 72 hours of 
the original notification of the change condition(s). TSA will notify 
the airport operator of the disposition of the notification in writing. 
If approved by TSA, this written notification becomes a part of the 
airport security program for the duration of the changed condition(s).
    (d) For changed conditions expected to be 60 days or more duration, 
each airport operator must forward the information required in 
paragraph (b) of this section in the form of a proposed amendment to 
the airport operator's security program, as required under 
Sec. 1542.105. The request for an amendment must be made within 30 days 
of the discovery of the changed condition(s). TSA will respond to the 
request in accordance with Sec. 1542.105.


Sec. 1542.109  Alternate means of compliance.

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


Sec. 1542.111  Exclusive area agreements.

    (a) TSA may approve an amendment to an airport security program 
under which an aircraft operator or foreign air carrier that has a 
security program under part 1544 or 1546 of this chapter assumes 
responsibility for specified security measures for all or portions of 
the secured area, AOA, or SIDA, including access points, as provided in 
Sec. 1542.201, Sec. 1542.203, or Sec. 1542.205. The assumption of 
responsibility must be exclusive to one aircraft operator or foreign 
air carrier, and shared responsibility among aircraft operators or 
foreign air carriers is not permitted for an exclusive area.
    (b) An exclusive area agreement must be in writing, signed by the 
airport operator and aircraft operator or foreign air carrier, and 
maintained in the airport

[[Page 8358]]

security program. This agreement must contain the following:
    (1) A description, a map, and, where appropriate, a diagram of the 
boundaries and pertinent features of each area, including individual 
access points, over which the aircraft operator or foreign air carrier 
will exercise exclusive security responsibility.
    (2) A description of the measures used by the aircraft operator or 
foreign air carrier to comply with Sec. 1542.201, Sec. 1542.203, or 
Sec. 1542.205, as appropriate.
    (3) Procedures by which the aircraft operator or foreign air 
carrier will immediately notify the airport operator and provide for 
alternative security measures when there are changed conditions as 
described in Sec. 1542.103(a).
    (c) Any exclusive area agreements in effect on November 14, 2001, 
must meet the requirements of this section and Sec. 1544.227 no later 
than November 14, 2002.


Sec. 1542.113  Airport tenant security programs.

    (a) TSA may approve an airport tenant security program as follows:
    (1) The tenant must assume responsibility for specified security 
measures of the secured area, AOA, or SIDA as provided in 
Secs. 1542.201, 1542.203, and 1542.205.
    (2) The tenant may not assume responsibility for law enforcement 
support under Sec. 1542.215.
    (3) The tenant must assume the responsibility within the tenant's 
leased areas or areas designated for the tenant's exclusive use. A 
tenant may not assume responsibility under a tenant security program 
for the airport passenger terminal.
    (4) Responsibility must be exclusive to one tenant, and shared 
responsibility among tenants is not permitted.
    (5) TSA must find that the tenant is able and willing to carry out 
the airport tenant security program.
    (b) An airport tenant security program must be in writing, signed 
by the airport operator and the airport tenant, and maintained in the 
airport security program. The airport tenant security program must 
include the following:
    (1) A description and a map of the boundaries and pertinent 
features of each area over which the airport tenant will exercise 
security responsibilities.
    (2) A description of the measures the airport tenant has assumed.
    (3) Measures by which the airport operator will monitor and audit 
the tenant's compliance with the security program.
    (4) Monetary and other penalties to which the tenant may be subject 
if it fails to carry out the airport tenant security program.
    (5) Circumstances under which the airport operator will terminate 
the airport tenant security program for cause.
    (6) A provision acknowledging that the tenant is subject to 
inspection by TSA in accordance with Sec. 1542.5.
    (7) A provision acknowledging that individuals who carry out the 
tenant security program are contracted to or acting for the airport 
operator and are required to protect sensitive information in 
accordance with part 1520 of this chapter, and may be subject to civil 
penalties for failing to protect sensitive security information.
    (8) Procedures by which the tenant will immediately notify the 
airport operator of and provide for alternative security measures for 
changed conditions as described in Sec. 1542.103(a).
    (c) If TSA has approved an airport tenant security program, the 
airport operator may not be found to be in violation of a requirement 
of this part in any case in which the airport operator demonstrates 
that:
    (1) The tenant or an employee, permittee, or invitee of the tenant, 
is responsible for such violation; and
    (2) The airport operator has complied with all measures in its 
security program to ensure the tenant has complied with the airport 
tenant security program.
    (d) TSA may amend or terminate an airport tenant security program 
in accordance with Sec. 1542.105.

Subpart C--Operations


Sec. 1542.201  Security of the secured area.

    (a) Each airport operator required to have a security program under 
Sec. 1542.103(a) must establish at least one secured area.
    (b) Each airport operator required to establish a secured area must 
prevent and detect the unauthorized entry, presence, and movement of 
individuals and ground vehicles into and within the secured area by 
doing the following:
    (1) Establish and carry out measures for controlling entry to 
secured areas of the airport in accordance with Sec. 1542.207.
    (2) Provide for detection of, and response to, each unauthorized 
presence or movement in, or attempted entry to, the secured area by an 
individual whose access is not authorized in accordance with its 
security program.
    (3) Establish and carry out a personnel identification system 
described under Sec. 1542.211.
    (4) Subject each individual to employment history verification as 
described in Sec. 1542.209 before authorizing unescorted access to a 
secured area.
    (5) Train each individual before granting unescorted access to the 
secured area, as required in Sec. 1542.213(b).
    (6) Post signs at secured area access points and on the perimeter 
that provide warning of the prohibition against unauthorized entry. 
Signs must be posted by each airport operator in accordance with its 
security program not later than November 14, 2003.


Sec. 1542.203  Security of the air operations area (AOA).

    (a) Each airport operator required to have a security program under 
Sec. 1542.103(a) must establish an AOA, unless the entire area is 
designated as a secured area.
    (b) Each airport operator required to establish an AOA must prevent 
and detect the unauthorized entry, presence, and movement of 
individuals and ground vehicles into or within the AOA by doing the 
following:
    (1) Establish and carry out measures for controlling entry to the 
AOA of the airport in accordance with Sec. 1542.207.
    (2) Provide for detection of, and response to, each unauthorized 
presence or movement in, or attempted entry to, the AOA by an 
individual whose access is not authorized in accordance with its 
security program.
    (3) Provide security information as described in Sec. 1542.213(c) 
to each individual with unescorted access to the AOA.
    (4) Post signs on AOA access points and perimeters that provide 
warning of the prohibition against unauthorized entry to the AOA. Signs 
must be posted by each airport operator in accordance with its security 
program not later than November 14, 2003.
    (5) If approved by TSA, the airport operator may designate all or 
portions of its AOA as a SIDA, or may use another personnel 
identification system, as part of its means of meeting the requirements 
of this section. If it uses another personnel identification system, 
the media must be clearly distinguishable from those used in the 
secured area and SIDA.


Sec. 1542.205  Security of the security identification display area 
(SIDA).

    (a) Each airport operator required to have a security program under 
Sec. 1542.103(a) must establish at least one SIDA. Each secured area 
must be a SIDA. Other areas of the airport may be SIDA's.
    (b) Each airport operator required to establish a SIDA must 
establish and

[[Page 8359]]

carry out measures to prevent the unauthorized presence and movement of 
individuals in the SIDA and must do the following:
    (1) Establish and carry out a personnel identification system 
described under Sec. 1542.211.
    (2) Subject each individual to employment history verification as 
described in Sec. 1542.209 before authorizing unescorted access to a 
SIDA.
    (3) Train each individual before granting unescorted access to the 
SIDA, as required in Sec. 1542.213(b).


Sec. 1542.207  Access control systems.

    (a) Secured area. Except as provided in paragraph (b) of this 
section, the measures for controlling entry to the secured area 
required under Sec. 1542.201(b)(1) must--
    (1) Ensure that only those individuals authorized to have 
unescorted access to the secured area are able to gain entry;
    (2) Ensure that an individual is immediately denied entry to a 
secured area when that person's access authority for that area is 
withdrawn; and
    (3) Provide a means to differentiate between individuals authorized 
to have access to an entire secured area and individuals authorized 
access to only a particular portion of a secured area.
    (b) Alternative systems. TSA may approve an amendment to a security 
program that provides alternative measures that provide an overall 
level of security equal to that which would be provided by the measures 
described in paragraph (a) of this section.
    (c) Air operations area. The measures for controlling entry to the 
AOA required under Sec. 1542.203(b)(1) must incorporate accountability 
procedures to maintain their integrity.
    (d) Secondary access media. An airport operator may issue a second 
access medium to an individual who has unescorted access to secured 
areas or the AOA, but is temporarily not in possession of the original 
access medium, if the airport operator follows measures and procedures 
in the security program that--
    (1) Verifies the authorization of the individual to have unescorted 
access to secured areas or AOAs;
    (2) Restricts the time period of entry with the second access 
medium;
    (3) Retrieves the second access medium when expired;
    (4) Deactivates or invalidates the original access medium until the 
individual returns the second access medium; and
    (5) Provides that any second access media that is also used as 
identification media meet the criteria of Sec. 1542.211(b).


Sec. 1542.209  Fingerprint-based criminal history records checks 
(CHRC).

    (a) Scope. The following persons are within the scope of this 
section--
    (1) Each airport operator and airport user.
    (2) Each individual currently having unescorted access to a SIDA, 
and each individual with authority to authorize others to have 
unescorted access to a SIDA (referred to as unescorted access 
authority).
    (3) Each individual seeking unescorted access authority.
    (4) Each airport user and aircraft operator making a certification 
to an airport operator pursuant to paragraph (n) of this section, or 14 
CFR 108.31(n) in effect prior to November 14, 2001 (see 14 CFR Parts 60 
to 139 revised as of January 1, 2001). An airport user, for the 
purposes of this section only, is any person other than an aircraft 
operator subject to Sec. 1544.229 of this chapter making a 
certification under this section.
    (b) Individuals seeking unescorted access authority. Except as 
provided in paragraph (m) of this section, each airport operator must 
ensure that no individual is granted unescorted access authority unless 
the individual has undergone a fingerprint-based CHRC that does not 
disclose that he or she has a disqualifying criminal offense, as 
described in paragraph (d) of this section.
    (c) Individuals who have not had a CHRC. (1) Except as provided in 
paragraph (m) of this section, each airport operator must ensure that 
after December 6, 2002, no individual retains unescorted access 
authority, unless the airport operator has obtained and submitted a 
fingerprint under this part.
    (2) When a CHRC discloses a disqualifying criminal offense for 
which the conviction or finding of not guilty by reason of insanity was 
on or after December 6, 1991, the airport operator must immediately 
suspend that individual's authority.
    (d) Disqualifying criminal offenses. An individual has a 
disqualifying criminal offense if the individual has been convicted, or 
found not guilty of by reason of insanity, of any of the disqualifying 
crimes listed in this paragraph (d) in any jurisdiction during the 10 
years before the date of the individual's application for unescorted 
access authority, or while the individual has unescorted access 
authority. The disqualifying criminal offenses are as follows--
    (1) Forgery of certificates, false marking of aircraft, and other 
aircraft registration violation; 49 U.S.C. 46306.
    (2) Interference with air navigation; 49 U.S.C. 46308.
    (3) Improper transportation of a hazardous material; 49 U.S.C. 
46312.
    (4) Aircraft piracy; 49 U.S.C. 46502.
    (5) Interference with flight crew members or flight attendants; 49 
U.S.C. 46504.
    (6) Commission of certain crimes aboard aircraft in flight; 49 
U.S.C. 46506.
    (7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 
46505.
    (8) Conveying false information and threats; 49 U.S.C. 46507.
    (9) Aircraft piracy outside the special aircraft jurisdiction of 
the United States; 49 U.S.C. 46502(b).
    (10) Lighting violations involving transporting controlled 
substances; 49 U.S.C. 46315.
    (11) Unlawful entry into an aircraft or airport area that serves 
air carriers or foreign air carriers contrary to established security 
requirements; 49 U.S.C. 46314.
    (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
    (13) Murder.
    (14) Assault with intent to murder.
    (15) Espionage.
    (16) Sedition.
    (17) Kidnapping or hostage taking.
    (18) Treason.
    (19) Rape or aggravated sexual abuse.
    (20) Unlawful possession, use, sale, distribution, or manufacture 
of an explosive or weapon.
    (21) Extortion.
    (22) Armed or felony unarmed robbery.
    (23) Distribution of, or intent to distribute, a controlled 
substance.
    (24) Felony arson.
    (25) Felony involving a threat.
    (26) Felony involving--
    (i) Willful destruction of property;
    (ii) Importation or manufacture of a controlled substance;
    (iii) Burglary;
    (iv) Theft;
    (v) Dishonesty, fraud, or misrepresentation;
    (vi) Possession or distribution of stolen property;
    (vii) Aggravated assault;
    (viii) Bribery; or
    (ix) Illegal possession of a controlled substance punishable by a 
maximum term of imprisonment of more than 1 year.
    (27) Violence at international airports; 18 U.S.C. 37.
    (28) Conspiracy or attempt to commit any of the criminal acts 
listed in this paragraph (d).
    (e) Fingerprint application and processing. (1) At the time of 
fingerprinting, the airport operator must

[[Page 8360]]

provide the individual to be fingerprinted a fingerprint application 
that includes only the following--
    (i) The disqualifying criminal offenses described in paragraph (d) 
of this section.
    (ii) A statement that the individual signing the application does 
not have a disqualifying criminal offense.
    (iii) A statement informing the individual that Federal regulations 
under 49 CFR 1542.209 (l) impose a continuing obligation to disclose to 
the airport operator within 24 hours if he or she is convicted of any 
disqualifying criminal offense that occurs while he or she has 
unescorted access authority. After February 17, 2002, the airport 
operator may use statements that have already been printed referring to 
14 CFR 107.209 until stocks of such statements are used up.
    (iv) A statement reading, ``The information I have provided on this 
application is true, complete, and correct to the best of my knowledge 
and belief and is provided in good faith. I understand that a knowing 
and willful false statement on this application can be punished by fine 
or imprisonment or both. (See section 1001 of Title 18 United States 
Code.)''
    (v) A line for the printed name of the individual.
    (vi) A line for the individual's signature and date of signature.
    (2) Each individual must complete and sign the application prior to 
submitting his or her fingerprints.
    (3) The airport operator must verify the identity of the individual 
through two forms of identification prior to fingerprinting, and ensure 
that the printed name on the fingerprint application is legible. At 
least one of the two forms of identification must have been issued by a 
government authority, and at least one must include a photo.
    (4) The airport operator must advise the individual that:
    (i) A copy of the criminal record received from the FBI will be 
provided to the individual, if requested by the individual in writing; 
and
    (ii) The ASC is the individual's point of contact if he or she has 
questions about the results of the CHRC.
    (5) The airport operator must collect, control, and process one set 
of legible and classifiable fingerprints under direct observation of 
the airport operator or a law enforcement officer.
    (6) Fingerprints may be obtained and processed electronically, or 
recorded on fingerprint cards approved by the FBI and distributed by 
TSA for that purpose.
    (7) The fingerprint submission must be forwarded to TSA in the 
manner specified by TSA.
    (f) Fingerprinting fees. Airport operators must pay for all 
fingerprints in a form and manner approved by TSA. The payment must be 
made at the designated rate (available from the local TSA security 
office) for each set of fingerprints submitted. Information about 
payment options is available though the designated TSA headquarters 
point of contact. Individual personal checks are not acceptable.
    (g) Determination of arrest status. (1) When a CHRC on an 
individual seeking unescorted access authority discloses an arrest for 
any disqualifying criminal offense listed in paragraph (d) of this 
section without indicating a disposition, the airport operator must 
determine, after investigation, that the arrest did not result in a 
disqualifying offense before granting that authority. If there is no 
disposition, or if the disposition did not result in a conviction or in 
a finding of not guilty by reason of insanity of one of the offenses 
listed in paragraph (d) of this section, the individual is not 
disqualified under this section.
    (2) When a CHRC on an individual with unescorted access authority 
discloses an arrest for any disqualifying criminal offense without 
indicating a disposition, the airport operator must suspend the 
individual's unescorted access authority not later than 45 days after 
obtaining the CHRC unless the airport operator determines, after 
investigation, that the arrest did not result in a disqualifying 
criminal offense. If there is no disposition, or if the disposition did 
not result in a conviction or in a finding of not guilty by reason of 
insanity of one of the offenses listed in paragraph (d) of this 
section, the individual is not disqualified under this section.
    (3) The airport operator may only make the determinations required 
in paragraphs (g)(1) and (g)(2) of this section for individuals for 
whom it is issuing, or has issued, unescorted access authority, and who 
are not covered by a certification from an aircraft operator under 
paragraph (n) of this section. The airport operator may not make 
determinations for individuals described in Sec. 1544.229 of this 
chapter.
    (h) Correction of FBI records and notification of disqualification. 
(1) Before making a final decision to deny unescorted access authority 
to an individual described in paragraph (b) of this section, the 
airport operator must advise him or her that the FBI criminal record 
discloses information that would disqualify him or her from receiving 
or retaining unescorted access authority and provide the individual 
with a copy of the FBI record if he or she requests it.
    (2) The airport operator must notify an individual that a final 
decision has been made to grant or deny unescorted access authority.
    (3) Immediately following the suspension of unescorted access 
authority of an individual, the airport operator must advise him or her 
that the FBI criminal record discloses information that disqualifies 
him or her from retaining unescorted access authority and provide the 
individual with a copy of the FBI record if he or she requests it.
    (i) Corrective action by the individual. The individual may contact 
the local jurisdiction responsible for the information and the FBI to 
complete or correct the information contained in his or her record, 
subject to the following conditions--
    (1) For an individual seeking unescorted access authority on or 
after December 6, 2001, the following applies:
    (i) Within 30 days after being advised that the criminal record 
received from the FBI discloses a disqualifying criminal offense, the 
individual must notify the airport operator in writing of his or her 
intent to correct any information he or she believes to be inaccurate. 
The airport operator must obtain a copy, or accept a copy from the 
individual, of the revised FBI record, or a certified true copy of the 
information from the appropriate court, prior to granting unescorted 
access authority.
    (ii) If no notification, as described in paragraph (h)(1) of this 
section, is received within 30 days, the airport operator may make a 
final determination to deny unescorted access authority.
    (2) For an individual with unescorted access authority before 
December 6, 2001, the following applies: Within 30 days after being 
advised of suspension because the criminal record received from the FBI 
discloses a disqualifying criminal offense, the individual must notify 
the airport operator in writing of his or her intent to correct any 
information he or she believes to be inaccurate. The airport operator 
must obtain a copy, or accept a copy from the individual, of the 
revised FBI record, or a certified true copy of the information from 
the appropriate court, prior to reinstating unescorted access 
authority.
    (j) Limits on dissemination of results. Criminal record information 
provided by the FBI may be used only to carry out this section and 
Sec. 1544.229 of this chapter. No person may disseminate the results of 
a CHRC to anyone other than:

[[Page 8361]]

    (1) The individual to whom the record pertains, or that 
individual's authorized representative.
    (2) Officials of other airport operators who are determining 
whether to grant unescorted access to the individual under this part.
    (3) Aircraft operators who are determining whether to grant 
unescorted access to the individual or authorize the individual to 
perform screening functions under part 1544 of this chapter.
    (4) Others designated by TSA.
    (k) Recordkeeping. The airport operator must maintain the following 
information:
    (1) Investigations conducted before December 6, 2001. The airport 
operator must maintain and control the access or employment history 
investigation files, including the criminal history records results 
portion, or the appropriate certifications, for investigations 
conducted before December 6, 2001.
    (2) Fingerprint application process on or after December 6, 2001. 
Except when the airport operator has received a certification under 
paragraph (n) of this section, the airport operator must physically 
maintain, control, and, as appropriate, destroy the fingerprint 
application and the criminal record. Only direct airport operator 
employees may carry out the responsibility for maintaining, 
controlling, and destroying criminal records.
    (3) Certification on or after December 6, 2001. The airport 
operator must maintain the certifications provided under paragraph (n) 
of this section.
    (4) Protection of records--all investigations. The records required 
by this section must be maintained in a manner that is acceptable to 
TSA and in a manner that protects the confidentiality of the 
individual.
    (5) Duration--all investigations. The records identified in this 
section with regard to an individual must be maintained until 180 days 
after the termination of the individual's unescorted access authority. 
When files are no longer maintained, the criminal record must be 
destroyed.
    (l) Continuing responsibilities. (1) Each individual with 
unescorted access authority on December 6, 2001, who had a 
disqualifying criminal offense in paragraph (d) of this section on or 
after December 6, 1991, must, by January 7, 2002, report the conviction 
to the airport operator and surrender the SIDA access medium to the 
issuer.
    (2) Each individual with unescorted access authority who has a 
disqualifying criminal offense must report the offense to the airport 
operator and surrender the SIDA access medium to the issuer within 24 
hours of the conviction or the finding of not guilty by reason of 
insanity.
    (3) If information becomes available to the airport operator or the 
airport user indicating that an individual with unescorted access 
authority has a disqualifying criminal offense, the airport operator 
must determine the status of the conviction. If a disqualifying offense 
is confirmed the airport operator must immediately revoke any 
unescorted access authority.
    (m) Exceptions. Notwithstanding the requirements of this section, 
an airport operator must authorize the following individuals to have 
unescorted access authority:
    (1) An employee of the Federal, state, or local government 
(including a law enforcement officer) who, as a condition of 
employment, has been subjected to an employment investigation that 
includes a criminal records check.
    (2) Notwithstanding the requirements of this section, an airport 
operator may authorize the following individuals to have unescorted 
access authority:
    (i) An individual who has been continuously employed in a position 
requiring unescorted access authority by another airport operator, 
airport user, or aircraft operator, or contractor to such an entity, 
provided the grant for his or her unescorted access authority was based 
upon a fingerprint-based CHRC through TSA or FAA.
    (ii) An individual who has been continuously employed by an 
aircraft operator or aircraft operator contractor, in a position with 
authority to perform screening functions, provided the grant for his or 
her authority to perform screening functions was based upon a 
fingerprint-based CHRC through TSA or FAA.
    (n) Certifications by aircraft operators. An airport operator is in 
compliance with its obligation under paragraph (b) or (c) of this 
section when the airport operator accepts, for each individual seeking 
unescorted access authority, certification from an aircraft operator 
subject to part 1544 of this chapter indicating it has complied with 
Sec. 1544.229 of this chapter for the aircraft operator's employees and 
contractors seeking unescorted access authority. If the airport 
operator accepts a certification from the aircraft operator, the 
airport operator may not require the aircraft operator to provide a 
copy of the CHRC.
    (o) Airport operator responsibility. The airport operator must--
    (1) Designate the ASC, in the security program, or a direct 
employee if the ASC is not a direct employee, to be responsible for 
maintaining, controlling, and destroying the criminal record files when 
their maintenance is no longer required by paragraph (k) of this 
section.
    (2) Designate the ASC, in the security program, to serve as the 
contact to receive notification from individuals applying for 
unescorted access authority of their intent to seek correction of their 
FBI criminal record.
    (3) Audit the employment history investigations performed by the 
airport operator in accordance with this section and 14 CFR 107.31 in 
effect prior to November 14, 2001 (see 14 CFR Parts 60 through 139 
revised as of January 1, 2001), and those investigations conducted by 
the airport users who provided certification to the airport operator. 
The audit program must be set forth in the airport security program.
    (p) Airport user responsibility. (1) The airport user must report 
to the airport operator information, as it becomes available, that 
indicates an individual with unescorted access authority may have a 
disqualifying criminal offense.
    (2) The airport user must maintain and control, in compliance with 
paragraph (k) of this section, the employment history investigation 
files for investigations conducted before December 6, 2001, unless the 
airport operator decides to maintain and control the employment history 
investigation file.
    (3) The airport user must provide the airport operator with either 
the name or title of the individual acting as custodian of the files 
described in this paragraph (p), the address of the location where the 
files are maintained, and the phone number of that location. The 
airport user must provide the airport operator and TSA with access to 
these files.


Sec. 1542.211  Identification systems.

    (a) Personnel identification system. The personnel identification 
system under Secs. 1542.201(b)(3) and 1542.205(b)(1) must include the 
following:
    (1) Personnel identification media that--
    (i) Convey a full-face image, full name, employer, and 
identification number of the individual to whom the identification 
medium is issued;
    (ii) Indicate clearly the scope of the individual's access and 
movement privileges;
    (iii) Indicate clearly an expiration date; and
    (iv) Are of sufficient size and appearance as to be readily 
observable for challenge purposes.
    (2) Procedures to ensure that each individual in the secured area 
or SIDA continuously displays the identification

[[Page 8362]]

medium issued to that individual on the outermost garment above waist 
level, or is under escort.
    (3) Procedures to ensure accountability through the following:
    (i) Retrieving expired identification media and media of persons 
who no longer have unescorted access authority.
    (ii) Reporting lost or stolen identification media.
    (iii) Securing unissued identification media stock and supplies.
    (iv) Auditing the system at a minimum of once a year or sooner, as 
necessary, to ensure the integrity and accountability of all 
identification media.
    (v) As specified in the security program, revalidate the 
identification system or reissue identification media if a portion of 
all issued, unexpired identification media are lost, stolen, or 
otherwise unaccounted for, including identification media that are 
combined with access media.
    (vi) Ensure that only one identification medium is issued to an 
individual at a time, except for personnel who are employed with more 
than one company and require additional identification media to carry 
out employment duties. A replacement identification medium may only be 
issued if an individual declares in writing that the medium has been 
lost, stolen, or destroyed.
    (b) Temporary identification media. Each airport operator may issue 
personnel identification media in accordance with its security program 
to persons whose duties are expected to be temporary. The temporary 
identification media system must include procedures and methods to--
    (1) Retrieve temporary identification media;
    (2) Authorize the use of a temporary media for a limited time only;
    (3) Ensure that temporary media are distinct from other 
identification media and clearly display an expiration date; and
    (4) Ensure that any identification media also being used as an 
access media meet the criteria of Sec. 1542.207(d).
    (c) Airport-approved identification media. TSA may approve an 
amendment to the airport security program that provides for the use of 
identification media meeting the criteria of this section that are 
issued by entities other than the airport operator, as described in the 
security program.
    (d) Challenge program. Each airport operator must establish and 
carry out a challenge program that requires each individual who has 
authorized unescorted access to secured areas and SIDA's to ascertain 
the authority of any individual who is not displaying an identification 
medium authorizing the individual to be present in the area. The 
challenge program must include procedures to challenge individuals not 
displaying airport approved identification media. The procedure must--
    (1) Apply uniformly in secured areas, SIDAs, and exclusive areas;
    (2) Describe how to challenge an individual directly or report any 
individual not visibly displaying an authorized identification medium, 
including procedures to notify the appropriate authority; and
    (3) Describe support of challenge procedures, including law 
enforcement and any other responses to reports of individuals not 
displaying authorized identification media.
    (e) Escorting. Each airport operator must establish and implement 
procedures for escorting individuals who do not have unescorted access 
authority to a secured area or SIDA that--
    (1) Ensure that only individuals with unescorted access authority 
are permitted to escort;
    (2) Ensure that the escorted individuals are continuously 
accompanied or monitored while within the secured area or SIDA in a 
manner sufficient to identify whether the escorted individual is 
engaged in activities other than those for which escorted access was 
granted, and to take action in accordance with the airport security 
program;
    (3) Identify what action is to be taken by the escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which access was granted;
    (4) Prescribe law enforcement support for escort procedures; and
    (5) Ensure that individuals escorted into a sterile area without 
being screened under Sec. 1544.201 of this chapter remain under escort 
until they exit the sterile area, or submit to screening pursuant to 
Sec. 1544.201 or Sec. 1546.201 of this chapter.
    (f) Effective date. The identification systems described in this 
section must be implemented by each airport operator not later than 
November 14, 2003.


Sec. 1542.213  Training.

    (a) Each airport operator must ensure that individuals performing 
security-related functions for the airport operator are briefed on the 
provisions of this part, Security Directives, and Information 
Circulars, and the security program, to the extent that such 
individuals need to know in order to perform their duties.
    (b) An airport operator may not authorize any individual unescorted 
access to the secured area or SIDA, except as provided in Sec. 1542.5, 
unless that individual has successfully completed training in 
accordance with TSA-approved curriculum specified in the security 
program. This curriculum must detail the methods of instruction, 
provide attendees with an opportunity to ask questions, and include at 
least the following topics--
    (1) The unescorted access authority of the individual to enter and 
be present in various areas of the airport;
    (2) Control, use, and display of airport-approved access and 
identification media;
    (3) Escort and challenge procedures and the law enforcement support 
for these procedures;
    (4) Security responsibilities as specified in Sec. 1540.105;
    (5) Restrictions on divulging sensitive security information as 
described in part 1520 of this chapter; and
    (6) Any other topics specified in the security program.
    (c) An airport operator may not authorize any individual unescorted 
access to the AOA, except as provided in Sec. 1542.5, unless that 
individual has been provided information in accordance with the 
security program, including--
    (1) The unescorted access authority of the individual to enter and 
be present in various areas of the airport;
    (2) Control, use, and display of airport-approved access and 
identification media, if appropriate;
    (3) Escort and challenge procedures and the law enforcement support 
for these procedures, where applicable;
    (4) Security responsibilities as specified in Sec. 1540.105;
    (5) Restrictions on divulging sensitive security information as 
described in part 1520 of this chapter; and
    (6) Any other topics specified in the security program.
    (d) Each airport operator must maintain a record of all training 
and information given to each individual under paragraphs (b) and (c) 
of this section for 180 days after the termination of that person's 
unescorted access authority.
    (e) As to persons with unescorted access to the SIDA on November 
14, 2001, training on responsibility under Sec. 1540.105 can be 
provided by making relevant security information available.
    (f) Training described in paragraph (c) of this section must be 
implemented by each airport operator not later than November 14, 2002.

[[Page 8363]]

Sec. 1542.215  Law enforcement support.

    (a) In accordance with Sec. 1542.217, each airport operator 
required to have a security program under Sec. 1542.103(a) or (b) must 
provide:
    (1) Law enforcement personnel in the number and manner adequate to 
support its security program.
    (2) Uniformed law enforcement personnel in the number and manner 
adequate to support each system for screening persons and accessible 
property required under part 1544 or 1546 of this chapter, except to 
the extent that TSA provides Federal law enforcement support for the 
system.
    (b) Each airport required to have a security program under 
Sec. 1542.103(c) must ensure that:
    (1) Law enforcement personnel are available and committed to 
respond to an incident in support of a civil aviation security program 
when requested by an aircraft operator or foreign air carrier that has 
a security program under part 1544 or 1546 of this chapter.
    (2) The procedures by which to request law enforcement support are 
provided to each aircraft operator or foreign air carrier that has a 
security program under part 1544 or 1546 of this chapter.


Sec. 1542.217  Law enforcement personnel.

    (a) Each airport operator must ensure that law enforcement 
personnel used to meet the requirements of Sec. 1542.215, meet the 
following qualifications while on duty at the airport--
    (1) Have arrest authority described in paragraph (b) of this 
section;
    (2) Are identifiable by appropriate indicia of authority;
    (3) Are armed with a firearm and authorized to use it; and
    (4) Have completed a training program that meets the requirements 
of paragraphs (c) and (d) of this section.
    (b) Each airport operator must ensure that each individual used to 
meet the requirements of Sec. 1542.215 have the authority to arrest, 
with or without a warrant, while on duty at the airport for the 
following violations of the criminal laws of the State and local 
jurisdictions in which the airport is located--
    (1) A crime committed in the presence of the individual; and
    (2) A felony, when the individual has reason to believe that the 
suspect has committed it.
    (c) The training program required by paragraph (a)(4) of this 
section must--
    (1) Meet the training standard for law enforcement officers 
prescribed by either the State or local jurisdiction in which the 
airport is located for law enforcement officers performing comparable 
functions.
    (2) Specify and require training standards for private law 
enforcement personnel acceptable to TSA, if the State and local 
jurisdictions in which the airport is located do not prescribe training 
standards for private law enforcement personnel that meets the 
standards in paragraph (a) of this section.
    (3) Include training in--
    (i) The use of firearms;
    (ii) The courteous and efficient treatment of persons subject to 
inspection, detention, search, arrest, and other aviation security 
activities;
    (iii) The responsibilities of law enforcement personnel under the 
security program; and
    (iv) Any other subject TSA determines is necessary.
    (d) Each airport operator must document the training program 
required by paragraph (a)(4) of this section and maintain documentation 
of training at a location specified in the security program until 180 
days after the departure or removal of each person providing law 
enforcement support at the airport.


Sec. 1542.219  Supplementing law enforcement personnel.

    (a) When TSA decides, after being notified by an airport operator 
as prescribed in this section, that not enough qualified State, local, 
and private law enforcement personnel are available to carry out the 
requirements of Sec. 1542.215, TSA may authorize the airport operator 
to use, on a reimbursable basis, personnel employed by TSA, or by 
another department, agency, or instrumentality of the Government with 
the consent of the head of the department, agency, or instrumentality 
to supplement State, local, and private law enforcement personnel.
    (b) Each request for the use of Federal personnel must be submitted 
to TSA and include the following information:
    (1) The number of passengers enplaned at the airport during the 
preceding calendar year and the current calendar year as of the date of 
the request.
    (2) The anticipated risk of criminal violence, sabotage, aircraft 
piracy, and other unlawful interference to civil aviation operations.
    (3) A copy of that portion of the security program which describes 
the law enforcement support necessary to comply with Sec. 1542.215.
    (4) The availability of law enforcement personnel who meet the 
requirements of Sec. 1542.217, including a description of the airport 
operator's efforts to obtain law enforcement support from State, local, 
and private agencies and the responses of those agencies.
    (5) The airport operator's estimate of the number of Federal 
personnel needed to supplement available law enforcement personnel and 
the period of time for which they are needed.
    (6) A statement acknowledging responsibility for providing 
reimbursement for the cost of providing Federal personnel.
    (7) Any other information TSA considers necessary.
    (c) In response to a request submitted in accordance with this 
section, TSA may authorize, on a reimbursable basis, the use of 
personnel employed by a Federal agency, with the consent of the head of 
that agency.


Sec. 1542.221  Records of law enforcement response.

    (a) Each airport operator must ensure that--
    (1) A record is made of each law enforcement action taken in 
furtherance of this part; and
    (2) The record is maintained for a minimum of 180 days.
    (b) Data developed in response to paragraph (a) of this section 
must include at least the following, except as authorized by TSA:
    (1) The number and type of weapons, explosives, or incendiaries 
discovered during any passenger-screening process, and the method of 
detection of each.
    (2) The number of acts and attempted acts of aircraft piracy.
    (3) The number of bomb threats received, real and simulated bombs 
found, and actual detonations on the airport.
    (4) The number of arrests, including--
    (i) Name, address, and the immediate disposition of each individual 
arrested;
    (ii) Type of weapon, explosive, or incendiary confiscated, as 
appropriate; and
    (iii) Identification of the aircraft operators or foreign air 
carriers on which the individual arrested was, or was scheduled to be, 
a passenger or which screened that individual, as appropriate.

Subpart D--Contingency Measures


Sec. 1542.301  Contingency plan.

    (a) Each airport operator required to have a security program under 
Sec. 1542.103(a) and (b) must adopt a contingency plan and must:
    (1) Implement its contingency plan when directed by TSA.
    (2) Conduct reviews and exercises of its contingency plan as 
specified in the security program with all persons having 
responsibilities under the plan.

[[Page 8364]]

    (3) Ensure that all parties involved know their responsibilities 
and that all information contained in the plan is current.
    (b) TSA may approve alternative implementation measures, reviews, 
and exercises to the contingency plan which will provide an overall 
level of security equal to the contingency plan under paragraph (a) of 
this section.


Sec. 1542.303  Security Directives and Information Circulars.

    (a) TSA may issue an Information Circular to notify airport 
operators of security concerns. When TSA determines that additional 
security measures are necessary to respond to a threat assessment or to 
a specific threat against civil aviation, TSA issues a Security 
Directive setting forth mandatory measures.
    (b) Each airport operator must comply with each Security Directive 
issued to the airport operator within the time prescribed in the 
Security Directive.
    (c) Each airport operator that receives a Security Directive must--
    (1) Within the time prescribed in the Security Directive, verbally 
acknowledge receipt of the Security Directive to TSA.
    (2) Within the time prescribed in the Security Directive, specify 
the method by which the measures in the Security Directive have been 
implemented (or will be implemented, if the Security Directive is not 
yet effective).
    (d) In the event that the airport operator is unable to implement 
the measures in the Security Directive, the airport operator must 
submit proposed alternative measures and the basis for submitting the 
alternative measures to TSA for approval. The airport operator must 
submit the proposed alternative measures within the time prescribed in 
the Security Directive. The airport operator must implement any 
alternative measures approved by TSA.
    (e) Each airport operator that receives a Security Directive may 
comment on the Security Directive by submitting data, views, or 
arguments in writing to TSA. TSA may amend the Security Directive based 
on comments received. Submission of a comment does not delay the 
effective date of the Security Directive.
    (f) Each airport operator that receives a Security Directive or an 
Information Circular and each person who receives information from a 
Security Directive or an Information Circular must:
    (1) Restrict the availability of the Security Directive or 
Information Circular, and information contained in either document, to 
those persons with an operational need-to-know.
    (2) Refuse to release the Security Directive or Information 
Circular, and information contained in either document, to persons 
other than those who have an operational need to know without the prior 
written consent of TSA.


Sec. 1542.305  Public advisories.

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


Sec. 1542.307  Incident management.

    (a) Each airport operator must establish procedures to evaluate 
bomb threats, threats of sabotage, aircraft piracy, and other unlawful 
interference to civil aviation operations.
    (b) Immediately upon direct or referred receipt of a threat of any 
of the incidents described in paragraph (a) of this section, each 
airport operator must--
    (1) Evaluate the threat in accordance with its security program;
    (2) Initiate appropriate action as specified in the Airport 
Emergency Plan under 14 CFR 139.325; and
    (3) Immediately notify TSA of acts, or suspected acts, of unlawful 
interference to civil aviation operations, including specific bomb 
threats to aircraft and airport facilities.
    (c) Airport operators required to have a security program under 
Sec. 1542.103(c) but not subject to 14 CFR part 139, must develop 
emergency response procedures to incidents of threats identified in 
paragraph (a) of this section.
    (d) To ensure that all parties know their responsibilities and that 
all procedures are current, at least once every 12 calendar months each 
airport operator must review the procedures required in paragraphs (a) 
and (b) of this section with all persons having responsibilities for 
such procedures.

    6. Add new part 1544 to Chapter XII, Subchapter C.

PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL 
OPERATORS

Subpart A--General
Sec.
1544.1   Applicability of this part.
1544.3   TSA inspection authority.
Subpart B--Security Program
1544.101   Adoption and implementation.
1544.103   Form, content, and availability.
1544.105   Approval and amendments.
Subpart C--Operations
1544.201   Acceptance and screening of individuals and accessible 
property.
1544.203   Acceptance and screening of checked baggage.
1544.205   Acceptance and screening of cargo.
1544.207   Screening of individuals and property.
1544.209   Use of metal detection devices.
1544.211   Use of X-ray systems.
1544.213   Use of explosives detection systems.
1544.215   Security coordinators.
1544.217   Law enforcement personnel.
1544.219   Carriage of accessible weapons.
1544.221   Carriage of prisoners under the control of armed law 
enforcement officers.
1544.223   Transportation of Federal Air Marshals.
1544.225   Security of aircraft and facilities.
1544.227   Exclusive area agreement.
1544.229   Fingerprint-based criminal history records checks (CHRC): 
Unescorted access authority, authority to perform screening 
functions, and authority to perform checked baggage or cargo 
functions.
1544.231   Airport-approved and exclusive area personnel 
identification systems.
1544.233   Security coordinators and crewmembers, training.
1544.235   Training and knowledge for individuals with security-
related duties.
Subpart D--Threat and Threat Response
1544.301   Contingency plan.
1544.303   Bomb or air piracy threats.
1544.305   Security Directives and Information Circulars.
Subpart E--Screener Qualifications When the Aircraft Operator Performs 
Screening
1544.401   Applicability of this subpart.
1544.403   Current screeners.
1544.405   New screeners: Qualifications of screening personnel.
1544.407   New screeners: Training, testing, and knowledge of 
individuals who perform screening functions.
1544.409   New screeners: Integrity of screener tests.
1544.411   New screeners: Continuing qualifications for screening 
personnel.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44907, 
44913-44914, 44916-44918, 44932, 44935-44936, 44942, 46105.

Subpart A--General


Sec. 1544.1  Applicability of this part.

    (a) This part prescribes aviation security rules governing the 
following:
    (1) The operations of aircraft operators holding operating 
certificates under 14 CFR part 119 for scheduled passenger operations, 
public charter passenger operations, private charter passenger 
operations, and other aircraft operators

[[Page 8365]]

adopting and obtaining approval of an aircraft operator security 
program.
    (2) Each law enforcement officer flying armed aboard an aircraft 
operated by an aircraft operator described in paragraph (a)(1) of this 
section.
    (3) Each aircraft operator that receives a Security Directive or 
Information Circular and each person who receives information from a 
Security Directive or Information Circular issued by TSA.
    (b) As used in this part, ``aircraft operator'' means an aircraft 
operator subject to this part as described in Sec. 1544.101.


Sec. 1544.3  TSA inspection authority.

    (a) Each aircraft operator must allow TSA, at any time or place, to 
make any inspections or tests, including copying records, to determine 
compliance of an airport operator, aircraft operator, foreign air 
carrier, indirect air carrier, or other airport tenants with--
    (1) This subchapter and any security program under this subchapter, 
and part 1520 of this chapter; and
    (2) 49 U.S.C. Subtitle VII, as amended.
    (b) At the request of TSA, each aircraft operator must provide 
evidence of compliance with this part and its security program, 
including copies of records.
    (c) TSA may enter and be present within secured areas, AOA's, and 
SIDA's without access media or identification media issued or approved 
by an airport operator or aircraft operator, in order to inspect or 
test compliance, or perform other such duties as TSA may direct.
    (d) At the request of TSA and the completion of SIDA training as 
required in a security program, each aircraft operator must promptly 
issue to TSA personnel access and identification media to provide TSA 
personnel with unescorted access to, and movement within, areas 
controlled by the aircraft operator under an exclusive area agreement.

Subpart B--Security Program


Sec. 1544.101  Adoption and implementation.

    (a) Full program. Each aircraft operator must carry out subparts C, 
D, and E of this part and must adopt and carry out a security program 
that meets the requirements of Sec. 1544.103 for each of the following 
operations:
    (1) A scheduled passenger or public charter passenger operation 
with an aircraft having a passenger seating configuration of 61 or more 
seats.
    (2) A scheduled passenger or public charter passenger operation 
with an aircraft having a passenger seating configuration of 60 or 
fewer seats when passengers are enplaned from or deplaned into a 
sterile area.
    (b) Partial program--adoption. Each aircraft operator must carry 
out the requirements specified in paragraph (c) of this section for 
each of the following operations:
    (1) A scheduled passenger or public charter passenger operation 
with an aircraft having a passenger-seating configuration of 31 or more 
but 60 or fewer seats that does not enplane from or deplane into a 
sterile area.
    (2) A scheduled passenger or public charter passenger operation 
with an aircraft having a passenger-seating configuration of 60 or 
fewer seats engaged in operations to, from, or outside the United 
States that does not enplane from or deplane into a sterile area.
    (c) Partial program--content. For operations described in paragraph 
(b) of this section, the aircraft operator must carry out the 
following, and must adopt and carry out a security program that meets 
the applicable requirements of Sec. 1544.103(c):
    (1) The requirements of Secs. 1544.215, 1544.217, 1544.219, 
1544.235, 1544.301, 1544.303, and 1544.305.
    (2) Such other provisions of subparts C, D, and E of this part as 
TSA has approved upon request.
    (3) The remaining requirements of subparts C, D, and E of this part 
when TSA notifies the aircraft operator in writing that a security 
threat exists concerning that operation.
    (d) [Reserved]
    (e) [Reserved]
    (f) Private charter program. Each aircraft operator must carry out 
Secs. 1544.201, 1544.207, 1544.209, 1544.211, 1544.213, 1544.215, 
1544.217, 1544.219, 1544.229, 1544.233, 1544.235, 1544.303, and 
1544.305, and subpart E of this part and must adopt and carry out a 
security program that meets the applicable requirements of 
Sec. 1544.103 for each private charter operation in which passengers 
are enplaned from or deplaned into a sterile area.
    (g) Limited program. TSA may approve a security program after 
receiving a request by an aircraft operator, holding a certificate 
under 14 CFR part 119 other than one identified in paragraph (a), (b), 
or (c) of this section. The aircraft operator must--
    (1) Carry out selected provisions of subparts C, D, and E of this 
part,
    (2) Carry out Sec. 1544.305, as specified in its security program, 
and
    (3) Adopt and carry out a security program that meets the 
applicable requirements of Sec. 1544.103(c).


Sec. 1544.103  Form, content, and availability.

    (a) General requirements. Each security program must:
    (1) Provide for the safety of persons and property traveling on 
flights provided by the aircraft operator against acts of criminal 
violence and air piracy, and the introduction of explosives, 
incendiaries, or weapons aboard an aircraft.
    (2) Be in writing and signed by the aircraft operator or any person 
delegated authority in this matter.
    (3) Be approved by TSA.
    (b) Availability. Each aircraft operator having a security program 
must:
    (1) Maintain an original copy of the security program at its 
corporate office.
    (2) Have accessible a complete copy, or the pertinent portions of 
its security program, or appropriate implementing instructions, at each 
airport served. An electronic version of the program is adequate.
    (3) Make a copy of the security program available for inspection 
upon request of TSA.
    (4) Restrict the distribution, disclosure, and availability of 
information contained in the security program to persons with a need-
to-know as described in part 1520 of this chapter.
    (5) Refer requests for such information by other persons to TSA.
    (c) Content. The security program must include, as specified for 
that aircraft operator in Sec. 1544.101, the following:
    (1) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.201 regarding the 
acceptance and screening of individuals and their accessible property.
    (2) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.203 regarding the 
acceptance and screening of checked baggage.
    (3) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.205 regarding the 
acceptance and screening of cargo.
    (4) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.207 regarding the 
screening of individuals and property.
    (5) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.209 regarding the use 
of metal detection devices.
    (6) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.211 regarding the use 
of x-ray systems.

[[Page 8366]]

    (7) The procedures and description of the facilities and equipment 
used to comply with the requirements of Sec. 1544.213 regarding the use 
of explosives detection systems.
    (8) The procedures used to comply with the requirements of 
Sec. 1544.215 regarding the responsibilities of security coordinators. 
The names of the Aircraft Operator Security Coordinator (AOSC) and any 
alternate, and the means for contacting the AOSC(s) on a 24-hour basis, 
as provided in Sec. 1544.215.
    (9) The procedures used to comply with the requirements of 
Sec. 1544.217 regarding the requirements for law enforcement personnel.
    (10) The procedures used to comply with the requirements of 
Sec. 1544.219 regarding carriage of accessible weapons.
    (11) The procedures used to comply with the requirements of 
Sec. 1544.221 regarding carriage of prisoners under the control of 
armed law enforcement officers.
    (12) The procedures used to comply with the requirements of 
Sec. 1544.223 regarding transportation of Federal Air Marshals.
    (13) The procedures and description of the facilities and equipment 
used to perform the aircraft and facilities control function specified 
in Sec. 1544.225.
    (14) The specific locations where the air carrier has entered into 
an exclusive area agreement under Sec. 1544.227.
    (15) The procedures used to comply with the applicable requirements 
of Sec. 1544.229 regarding fingerprint-based criminal history record 
checks.
    (16) The procedures used to comply with the requirements of 
Sec. 1544.231 regarding personnel identification systems.
    (17) The procedures and syllabi used to accomplish the training 
required under Sec. 1544.233.
    (18) The procedures and syllabi used to accomplish the training 
required under Sec. 1544.235.
    (19) An aviation security contingency plan as specified under 
Sec. 1544.301.
    (20) The procedures used to comply with the requirements of 
Sec. 1544.303 regarding bomb and air piracy threats.


Sec. 1544.105  Approval and amendments.

    (a) Initial approval of security program. Unless otherwise 
authorized by TSA, each aircraft operator required to have a security 
program under this part must submit its proposed security program to 
the designated official for approval at least 90 days before the 
intended date of passenger operations. The proposed security program 
must meet the requirements applicable to its operation as described in 
Sec. 1544.101. Such requests will be processed as follows:
    (1) The designated official, within 30 days after receiving the 
proposed aircraft operator security program, will either approve the 
program or give the aircraft operator written notice to modify the 
program to comply with the applicable requirements of this part.
    (2) The aircraft operator may either submit a modified security 
program to the designated official for approval, or petition the Under 
Secretary to reconsider the notice to modify within 30 days of 
receiving a notice to modify. A petition for reconsideration must be 
filed with the designated official.
    (3) The designated official, upon receipt of a petition for 
reconsideration, either amends or withdraws the notice, or transmits 
the petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 days of receipt by either directing the designated 
official to withdraw or amend the notice to modify, or by affirming the 
notice to modify.
    (b) Amendment requested by an aircraft operator. An aircraft 
operator may submit a request to TSA to amend its security program as 
follows:
    (1) The request for an amendment must be filed with the designated 
official at least 45 days before the date it proposes for the amendment 
to become effective, unless a shorter period is allowed by the 
designated official.
    (2) Within 30 days after receiving a proposed amendment, the 
designated official, in writing, either approves or denies the request 
to amend.
    (3) An amendment to an aircraft operator security program may be 
approved if the designated official determines that safety and the 
public interest will allow it, and the proposed amendment provides the 
level of security required under this part.
    (4) Within 30 days after receiving a denial, the aircraft operator 
may petition the Under Secretary to reconsider the denial. A petition 
for reconsideration must be filed with the designated official.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the 
petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 days of receipt by either directing the designated 
official to approve the amendment, or affirming the denial.
    (6) Any aircraft operator may submit a group proposal for an 
amendment that is on behalf of it and other aircraft operators that co-
sign the proposal.
    (c) Amendment by TSA. If safety and the public interest require an 
amendment, TSA may amend a security program as follows:
    (1) The designated official notifies the aircraft operator, in 
writing, of the proposed amendment, fixing a period of not less than 30 
days within which the aircraft operator may submit written information, 
views, and arguments on the amendment.
    (2) After considering all relevant material, the designated 
official notifies the aircraft operator of any amendment adopted or 
rescinds the notice. If the amendment is adopted, it becomes effective 
not less than 30 days after the aircraft operator receives the notice 
of amendment, unless the aircraft operator petitions the Under 
Secretary to reconsider no later than 15 days before the effective date 
of the amendment. The aircraft operator must send the petition for 
reconsideration to the designated official. A timely petition for 
reconsideration stays the effective date of the amendment.
    (3) Upon receipt of a petition for reconsideration, the designated 
official either amends or withdraws the notice or transmits the 
petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 days of receipt by either directing the designated 
official to withdraw or amend the amendment, or by affirming the 
amendment.
    (d) Emergency amendments. If the designated official finds that 
there is an emergency requiring immediate action with respect to safety 
in air transportation or in air commerce that makes procedures in this 
section contrary to the public interest, the designated official may 
issue an amendment, without the prior notice and comment procedures in 
paragraph (c) of this section, effective without stay on the date the 
aircraft operator receives notice of it. In such a case, the designated 
official will incorporate in the notice a brief statement of the 
reasons and findings for the amendment to be adopted. The aircraft 
operator may file a petition for reconsideration under paragraph (c) of 
this section; however, this does not stay the effective date of the 
emergency amendment.

[[Page 8367]]

Subpart C--Operations


Sec. 1544.201  Acceptance and screening of individuals and accessible 
property.

    (a) Preventing or deterring the carriage of any explosive, 
incendiary, or deadly or dangerous weapon. Each aircraft operator must 
use the measures in its security program to prevent or deter the 
carriage of any weapon, explosive, or incendiary on or about each 
individual's person or accessible property before boarding an aircraft 
or entering a sterile area.
    (b) Screening of individuals and accessible property. Except as 
provided in its security program, each aircraft operator must ensure 
that each individual entering a sterile area at each preboard screening 
checkpoint for which it is responsible, and all accessible property 
under that individual's control, are inspected for weapons, explosives, 
and incendiaries as provided in Sec. 1544.207.
    (c) Refusal to transport. Each aircraft operator must deny entry 
into a sterile area and must refuse to transport--
    (1) Any individual who does not consent to a search or inspection 
of his or her person in accordance with the system prescribed in this 
part; and
    (2) Any property of any individual or other person who does not 
consent to a search or inspection of that property in accordance with 
the system prescribed by this part.
    (d) Prohibitions on carrying a weapon, explosive, or incendiary. 
Except as provided in Secs. 1544.219, 1544.221, and 1544.223, no 
aircraft operator may permit any individual to have a weapon, 
explosive, or incendiary, on or about the individual's person or 
accessible property when onboard an aircraft.
    (e) Staffing. Each aircraft operator must staff its security 
screening checkpoints with supervisory and non-supervisory personnel in 
accordance with the standards specified in its security program.


Sec. 1544.203  Acceptance and screening of checked baggage.

    (a) Preventing or deterring the carriage of any explosive or 
incendiary. Each aircraft operator must use the procedures, facilities, 
and equipment described in its security program to prevent or deter the 
carriage of any unauthorized explosive or incendiary onboard aircraft 
in checked baggage.
    (b) Acceptance. Each aircraft operator must ensure that checked 
baggage carried in the aircraft is received by its authorized aircraft 
operator representative.
    (c) Screening of checked baggage. Except as provided in its 
security program, each aircraft operator must ensure that all checked 
baggage is inspected for explosives and incendiaries before loading it 
on its aircraft, in accordance with Sec. 1544.207.
    (d) Control. Each aircraft operator must use the procedures in its 
security program to control checked baggage that it accepts for 
transport on an aircraft, in a manner that:
    (1) Prevents the unauthorized carriage of any explosive or 
incendiary aboard the aircraft.
    (2) Prevents access by persons other than an aircraft operator 
employee or its agent.
    (e) Refusal to transport. Each aircraft operator must refuse to 
transport any individual's checked baggage or property if the 
individual does not consent to a search or inspection of that checked 
baggage or property in accordance with the system prescribed by this 
part.
    (f) Firearms in checked baggage. No aircraft operator may knowingly 
permit any person to transport in checked baggage:
    (1) Any loaded firearm(s).
    (2) Any unloaded firearm(s) unless--
    (i) The passenger declares to the aircraft operator, either orally 
or in writing before checking the baggage that any firearm carried in 
the baggage is unloaded;
    (ii) The firearm is carried in a hard-sided container;
    (iii) The container in which it is carried is locked, and only the 
individual checking the baggage retains the key or combination; and
    (iv) The checked baggage containing the firearm is carried in an 
area that is inaccessible to passengers, and is not carried in the 
flightcrew compartment,.
    (3) Any unauthorized explosive or incendiary.
    (g) Ammunition. This section does not prohibit the carriage of 
ammunition in checked baggage or in the same container as a firearm. 
Title 49 CFR part 175 provides additional requirements governing 
carriage of ammunition on aircraft.


Sec. 1544.205  Acceptance and screening of cargo.

    (a) General requirements. Each aircraft operator must use the 
procedures, facilities, and equipment described in its security program 
to prevent or deter the carriage of unauthorized explosives or 
incendiaries in cargo onboard a passenger aircraft.
    (b) Screening of cargo baggage. Each aircraft operator must ensure 
that, as required in its security program, cargo is inspected for 
explosives and incendiaries before loading it on its aircraft in 
accordance with Sec. 1544.207.
    (c) Control. Each aircraft operator must use the procedures in its 
security program to control cargo that it accepts for transport on an 
aircraft in a manner that:
    (1) Prevents the carriage of any unauthorized explosive or 
incendiary aboard the aircraft.
    (2) Prevents access by persons other than an aircraft operator 
employee or its agent.
    (d) Refusal to transport. Each aircraft operator must refuse to 
transport any cargo if the shipper does not consent to a search or 
inspection of that cargo in accordance with the system prescribed by 
this part.


Sec. 1544.207  Screening of individuals and property.

    (a) Applicability of this section. This section applies to the 
inspection of individuals, accessible property, checked baggage, and 
cargo as required under this part.
    (b) Locations within the United States at which TSA conducts 
screening. Each aircraft operator must ensure that the individuals or 
property have been inspected by TSA before boarding or loading on its 
aircraft. This paragraph applies when TSA is conducting screening using 
TSA employees or when using companies under contract with TSA.
    (c) Aircraft operator conducting screening. Each aircraft operator 
must use the measures in its security program and in subpart E of this 
part to inspect the individual or property. This paragraph does not 
apply at locations identified in paragraphs (b) and (d) of this 
section.
    (d) Locations outside the United States at which the foreign 
government conducts screening. Each aircraft operator must ensure that 
all individuals and property have been inspected by the foreign 
government. This paragraph applies when the host government is 
conducting screening using government employees or when using companies 
under contract with the government.


Sec. 1544.209  Use of metal detection devices.

    (a) No aircraft operator may use a metal detection device within 
the United States or under the aircraft operator's operational control 
outside the United States to inspect persons, unless specifically 
authorized under a security program under this part. No aircraft 
operator may use such a device contrary to its security program.
    (b) Metal detection devices must meet the calibration standards 
established by TSA.

[[Page 8368]]

Sec. 1544.211  Use of X-ray systems.

    (a) TSA authorization required. No aircraft operator may use any X-
ray system within the United States or under the aircraft operator's 
operational control outside the United States to inspect accessible 
property or checked baggage, unless specifically authorized under its 
security program. No aircraft operator may use such a system in a 
manner contrary to its security program. TSA authorizes aircraft 
operators to use X-ray systems for inspecting accessible property or 
checked baggage under a security program if the aircraft operator shows 
that--
    (1) The system meets the standards for cabinet X-ray systems 
primarily for the inspection of baggage issued by the Food and Drug 
Administration (FDA) and published in 21 CFR 1020.40;
    (2) A program for initial and recurrent training of operators of 
the system is established, which includes training in radiation safety, 
the efficient use of X-ray systems, and the identification of weapons, 
explosives, and incendiaries; and
    (3) The system meets the imaging requirements set forth in its 
security program using the step wedge specified in American Society for 
Testing Materials (ASTM) Standard F792-88 (Reapproved 1993). This 
standard is incorporated by reference in paragraph (g) of this section.
    (b) Annual radiation survey. No aircraft operator may use any X-ray 
system unless, within the preceding 12 calendar months, a radiation 
survey is conducted that shows that the system meets the applicable 
performance standards in 21 CFR 1020.40.
    (c) Radiation survey after installation or moving. No aircraft 
operator may use any X-ray system after the system has been installed 
at a screening point or after the system has been moved unless a 
radiation survey is conducted which shows that the system meets the 
applicable performance standards in 21 CFR 1020.40. A radiation survey 
is not required for an X-ray system that is designed and constructed as 
a mobile unit and the aircraft operator shows that it can be moved 
without altering its performance.
    (d) Defect notice or modification order. No aircraft operator may 
use any X-ray system that is not in full compliance with any defect 
notice or modification order issued for that system by the FDA, unless 
the FDA has advised TSA that the defect or failure to comply does not 
create a significant risk of injury, including genetic injury, to any 
person.
    (e) Signs and inspection of photographic equipment and film. (1) At 
locations at which an aircraft operator uses an X-ray system to inspect 
accessible property the aircraft operator must ensure that a sign is 
posted in a conspicuous place at the screening checkpoint. At locations 
outside the United States at which a foreign government uses an X-ray 
system to inspect accessible property the aircraft operator must ensure 
that a sign is posted in a conspicuous place at the screening 
checkpoint.
    (2) At locations at which an aircraft operator or TSA uses an X-ray 
system to inspect checked baggage the aircraft operator must ensure 
that a sign is posted in a conspicuous place where the aircraft 
operator accepts checked baggage.
    (3) The signs required under this paragraph (e) must notify 
individuals that such items are being inspected by an X-ray and advise 
them to remove all X-ray, scientific, and high-speed film from 
accessible property and checked baggage before inspection. This sign 
must also advise individuals that they may request that an inspection 
be made of their photographic equipment and film packages without 
exposure to an X-ray system. If the X-ray system exposes any accessible 
property or checked baggage to more than one milliroentgen during the 
inspection, the sign must advise individuals to remove film of all 
kinds from their articles before inspection.
    (4) If requested by individuals, their photographic equipment and 
film packages must be inspected without exposure to an X-ray system.
    (f) Radiation survey verification after installation or moving. 
Each aircraft operator must maintain at least one copy of the results 
of the most recent radiation survey conducted under paragraph (b) or 
(c) of this section and must make it available for inspection upon 
request by TSA at each of the following locations--
    (1) The aircraft operator's principal business office; and
    (2) The place where the X-ray system is in operation.
    (g) Incorporation by reference. The American Society for Testing 
and Materials (ASTM) Standard F792-88 (Reapproved 1993), ``Standard 
Practice for Design and Use of Ionizing Radiation Equipment for the 
Detection of Items Prohibited in Controlled Access Areas,'' is approved 
for incorporation by reference by the Director of the Federal Register 
pursuant to 5 U.S.C. 552(a) and l CFR part 51. ASTM Standard F792-88 
may be examined at the Department of Transportation (DOT) Docket, 400 
Seventh Street SW, Room Plaza 401, Washington, DC 20590, or on DOT's 
Docket Management System (DMS) web page at http://dms.dot.gov/search 
(under docket number FAA-2001-8725). Copies of the standard may be 
examined also at the Office of the Federal Register, 800 North Capitol 
St., NW, Suite 700, Washington, DC. In addition, ASTM Standard F792-88 
(Reapproved 1993) may be obtained from the American Society for Testing 
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    (h) Duty time limitations. Each aircraft operator must comply with 
the X-ray operator duty time limitations specified in its security 
program.


Sec. 1544.213  Use of explosives detection systems.

    (a) Use of explosive detection equipment. If TSA so requires by an 
amendment to an aircraft operator's security program, each aircraft 
operator required to conduct screening under a security program must 
use an explosives detection system approved by TSA to screen checked 
baggage on international flights.
    (b) Signs and inspection of photographic equipment and film. (1) At 
locations at which an aircraft operator or TSA uses an explosives 
detection system that uses X-ray technology to inspect checked baggage 
the aircraft operator must ensure that a sign is posted in a 
conspicuous place where the aircraft operator accepts checked baggage. 
The sign must notify individuals that such items are being inspected by 
an explosives detection system and advise them to remove all X-ray, 
scientific, and high-speed film from checked baggage before inspection. 
This sign must also advise individuals that they may request that an 
inspection be made of their photographic equipment and film packages 
without exposure to an explosives detection system.
    (2) If the explosives detection system exposes any checked baggage 
to more than one milliroentgen during the inspection the aircraft 
operator must post a sign which advises individuals to remove film of 
all kinds from their articles before inspection. If requested by 
individuals, their photographic equipment and film packages must be 
inspected without exposure to an explosives detection system.


Sec. 1544.215  Security coordinators.

    (a) Aircraft Operator Security Coordinator. Each aircraft operator 
must designate and use an Aircraft Operator Security Coordinator 
(AOSC). The AOSC and any alternates must be appointed at the corporate 
level and must serve as the aircraft operator's primary contact for 
security-related

[[Page 8369]]

activities and communications with TSA, as set forth in the security 
program. Either the AOSC, or an alternate AOSC, must be available on a 
24-hour basis.
    (b) Ground Security Coordinator. Each aircraft operator must 
designate and use a Ground Security Coordinator for each domestic and 
international flight departure to carry out the Ground Security 
Coordinator duties specified in the aircraft operator's security 
program. The Ground Security Coordinator at each airport must conduct 
the following daily:
    (1) A review of all security-related functions for which the 
aircraft operator is responsible, for effectiveness and compliance with 
this part, the aircraft operator's security program, and applicable 
Security Directives.
    (2) Immediate initiation of corrective action for each instance of 
noncompliance with this part, the aircraft operator's security program, 
and applicable Security Directives. At foreign airports where such 
security measures are provided by an agency or contractor of a host 
government, the aircraft operator must notify TSA for assistance in 
resolving noncompliance issues.
    (c) In-flight Security Coordinator. Each aircraft operator must 
designate and use the pilot in command as the In-flight Security 
Coordinator for each domestic and international flight to perform 
duties specified in the aircraft operator's security program.


Sec. 1544.217  Law enforcement personnel.

    (a) The following applies to operations at airports within the 
United States that are not required to hold a security program under 
part 1542 of this chapter.
    (1) For operations described in Sec. 1544.101(a) each aircraft 
operator must provide for law enforcement personnel meeting the 
qualifications and standards specified in Secs. 1542.215 and 1542.217 
of this chapter.
    (2) For operations described in Sec. 1544.101(b) or (c) each 
aircraft operator must--
    (i) Arrange for law enforcement personnel meeting the 
qualifications and standards specified in Sec. 1542.217 of this chapter 
to be available to respond to an incident; and
    (ii) Provide its employees, including crewmembers, current 
information regarding procedures for obtaining law enforcement 
assistance at that airport.
    (b) The following applies to operations at airports required to 
hold security programs under part 1542 of this chapter. For operations 
described in Sec. 1544.101(c), each aircraft operator must--
    (1) Arrange with TSA and the airport operator, as appropriate, for 
law enforcement personnel meeting the qualifications and standards 
specified in Sec. 1542.217 of this chapter to be available to respond 
to incidents, and
    (2) Provide its employees, including crewmembers, current 
information regarding procedures for obtaining law enforcement 
assistance at that airport.


Sec. 1544.219  Carriage of accessible weapons.

    (a) Flights for which screening is conducted. The provisions of 
Sec. 1544.201(d), with respect to accessible weapons, do not apply to a 
law enforcement officer (LEO) aboard a flight for which screening is 
required if the requirements of this section are met. Paragraph (a) of 
this section does not apply to a Federal Air Marshal on duty status 
under Sec. 1544.223.
    (1) Unless otherwise authorized by TSA, the armed LEO must meet the 
following requirements:
    (i) Be a Federal law enforcement officer or a full-time municipal, 
county, or state law enforcement officer who is a direct employee of a 
government agency.
    (ii) Be sworn and commissioned to enforce criminal statutes or 
immigration statutes.
    (iii) Be authorized by the employing agency to have the weapon in 
connection with assigned duties.
    (iv) Has completed the training program ``Law Enforcement Officers 
Flying Armed.''
    (2) In addition to the requirements of paragraph (a)(1) of this 
section, the armed LEO must have a need to have the weapon accessible 
from the time he or she would otherwise check the weapon until the time 
it would be claimed after deplaning. The need to have the weapon 
accessible must be determined by the employing agency, department, or 
service and be based on one of the following:
    (i) The provision of protective duty, for instance, assigned to a 
principal or advance team, or on travel required to be prepared to 
engage in a protective function.
    (ii) The conduct of a hazardous surveillance operation.
    (iii) On official travel required to report to another location, 
armed and prepared for duty.
    (iv) Employed as a Federal LEO, whether or not on official travel, 
and armed in accordance with an agency-wide policy governing that type 
of travel established by the employing agency by directive or policy 
statement.
    (v) Control of a prisoner, in accordance with Sec. 1544.221, or an 
armed LEO on a round trip ticket returning from escorting, or traveling 
to pick up, a prisoner.
    (vi) TSA Federal Air Marshal on duty status.
    (3) The armed LEO must comply with the following notification 
requirements:
    (i) All armed LEOs must notify the aircraft operator of the 
flight(s) on which he or she needs to have the weapon accessible at 
least 1 hour, or in an emergency as soon as practicable, before 
departure.
    (ii) Identify himself or herself to the aircraft operator by 
presenting credentials that include a clear full-face picture, the 
signature of the armed LEO, and the signature of the authorizing 
official of the agency, service, or department or the official seal of 
the agency, service, or department. A badge, shield, or similar device 
may not be used, or accepted, as the sole means of identification.
    (iii) If the armed LEO is a State, county, or municipal law 
enforcement officer, he or she must present an original letter of 
authority, signed by an authorizing official from his or her employing 
agency, service or department, confirming the need to travel armed and 
detailing the itinerary of the travel while armed.
    (iv) If the armed LEO is an escort for a foreign official then this 
paragraph (a)(3) may be satisfied by a State Department notification.
    (4) The aircraft operator must do the following:
    (i) Obtain information or documentation required in paragraphs 
(a)(3)(ii), (iii), and (iv) of this section.
    (ii) Advise the armed LEO, before boarding, of the aircraft 
operator's procedures for carrying out this section.
    (iii) Have the LEO confirm he/she has completed the training 
program ``Law Enforcement Officers Flying Armed'' as required by TSA, 
unless otherwise authorized by TSA.
    (iv) Ensure that the identity of the armed LEO is known to the 
appropriate personnel who are responsible for security during the 
boarding of the aircraft.
    (v) Notify the pilot in command and other appropriate crewmembers, 
of the location of each armed LEO aboard the aircraft. Notify any other 
armed LEO of the location of each armed LEO, including FAM's. Under 
circumstances described in the security program, the aircraft operator 
must not close the doors until the notification is complete.
    (vi) Ensure that the information required in paragraphs (a)(3)(i) 
and (ii) of this section is furnished to the flight

[[Page 8370]]

crew of each additional connecting flight by the Ground Security 
Coordinator or other designated agent at each location.
    (b) Flights for which screening is not conducted. The provisions of 
Sec. 1544.201(d), with respect to accessible weapons, do not apply to a 
LEO aboard a flight for which screening is not required if the 
requirements of paragraphs (a)(1), (3), and (4) of this section are 
met.
    (c) Alcohol. (1) No aircraft operator may serve any alcoholic 
beverage to an armed LEO.
    (2) No armed LEO may:
    (i) Consume any alcoholic beverage while aboard an aircraft 
operated by an aircraft operator.
    (ii) Board an aircraft armed if they have consumed an alcoholic 
beverage within the previous 8 hours.
    (d) Location of weapon. (1) Any individual traveling aboard an 
aircraft while armed must at all times keep their weapon:
    (i) Concealed and out of view, either on their person or in 
immediate reach, if the armed LEO is not in uniform.
    (ii) On their person, if the armed LEO is in uniform.
    (2) No individual may place a weapon in an overhead storage bin.


Sec. 1544.221  Carriage of prisoners under the control of armed law 
enforcement officers.

    (a) This section applies as follows:
    (1) This section applies to the transport of prisoners under the 
escort of an armed law enforcement officer.
    (2) This section does not apply to the carriage of passengers under 
voluntary protective escort.
    (3) This section does not apply to the escort of non-violent 
detainees of the Immigration and Naturalization Service. This section 
does not apply to individuals who may be traveling with a prisoner and 
armed escort, such as the family of a deportee who is under armed 
escort.
    (b) For the purpose of this section:
    (1) ``High risk prisoner'' means a prisoner who is an exceptional 
escape risk, as determined by the law enforcement agency, and charged 
with, or convicted of, a violent crime.
    (2) ``Low risk prisoner'' means any prisoner who has not been 
designated as ``high risk.''
    (c) No aircraft operator may carry a prisoner in the custody of an 
armed law enforcement officer aboard an aircraft for which screening is 
required unless, in addition to the requirements in Sec. 1544.219, the 
following requirements are met:
    (1) The agency responsible for control of the prisoner has 
determined whether the prisoner is considered a high risk or a low 
risk.
    (2) Unless otherwise authorized by TSA, no more than one high risk 
prisoner may be carried on the aircraft.
    (d) No aircraft operator may carry a prisoner in the custody of an 
armed law enforcement officer aboard an aircraft for which screening is 
required unless the following staffing requirements are met:
    (1) A minimum of one armed law enforcement officer must control a 
low risk prisoner on a flight that is scheduled for 4 hours or less. 
One armed law enforcement officer may control no more than two low risk 
prisoners.
    (2) A minimum of two armed law enforcement officers must control a 
low risk prisoner on a flight that is scheduled for more than 4 hours. 
Two armed law enforcement officers may control no more than two low 
risk prisoners.
    (3) For high-risk prisoners:
    (i) For one high-risk prisoner on a flight: A minimum of two armed 
law enforcement officers must control a high risk prisoner. No other 
prisoners may be under the control of those two armed law enforcement 
officers.
    (ii) If TSA has authorized more than one high-risk prisoner to be 
on the flight under paragraph (c)(2) of this section, a minimum of one 
armed law enforcement officer for each prisoner and one additional 
armed law enforcement officer must control the prisoners. No other 
prisoners may be under the control of those armed law enforcement 
officers.
    (e) An armed law enforcement officer who is escorting a prisoner--
    (1) Must notify the aircraft operator at least 24 hours before the 
scheduled departure, or, if that is not possible as far in advance as 
possible of the following--
    (i) The identity of the prisoner to be carried and the flight on 
which it is proposed to carry the prisoner; and
    (ii) Whether or not the prisoner is considered to be a high risk or 
a low risk.
    (2) Must arrive at the check-in counter at least 1 hour before to 
the scheduled departure.
    (3) Must assure the aircraft operator, before departure, that each 
prisoner under the control of the officer(s) has been searched and does 
not have on or about his or her person or property anything that can be 
used as a weapon.
    (4) Must be seated between the prisoner and any aisle.
    (5) Must accompany the prisoner at all times, and keep the prisoner 
under control while aboard the aircraft.
    (f) No aircraft operator may carry a prisoner in the custody of an 
armed law enforcement officer aboard an aircraft unless the following 
are met:
    (1) When practicable, the prisoner must be boarded before any other 
boarding passengers and deplaned after all other deplaning passengers.
    (2) The prisoner must be seated in a seat that is neither located 
in any passenger lounge area nor located next to or directly across 
from any exit and, when practicable, the aircraft operator should seat 
the prisoner in the rearmost seat of the passenger cabin.
    (g) Each armed law enforcement officer escorting a prisoner and 
each aircraft operator must ensure that the prisoner is restrained from 
full use of his or her hands by an appropriate device that provides for 
minimum movement of the prisoner's hands, and must ensure that leg 
irons are not used.
    (h) No aircraft operator may provide a prisoner under the control 
of a law enforcement officer--
    (1) With food or beverage or metal eating utensils unless 
authorized to do so by the armed law enforcement officer.
    (2) With any alcoholic beverage.


Sec. 1544.223  Transportation of Federal Air Marshals.

    (a) A Federal Air Marshal on duty status may have a weapon 
accessible while aboard an aircraft for which screening is required.
    (b) Each aircraft operator must carry Federal Air Marshals, in the 
number and manner specified by TSA, on each scheduled passenger 
operation, and public charter passenger operation designated by TSA.
    (c) Each Federal Air Marshal must be carried on a first priority 
basis and without charge while on duty, including positioning and 
repositioning flights. When a Federal Air Marshal is assigned to a 
scheduled flight that is canceled for any reason, the aircraft operator 
must carry that Federal Air Marshal without charge on another flight as 
designated by TSA.
    (d) Each aircraft operator must assign the specific seat requested 
by a Federal Air Marshal who is on duty status. If another LEO is 
assigned to that seat or requests that seat, the aircraft operator must 
inform the Federal Air Marshal. The Federal Air Marshal will coordinate 
seat assignments with the other LEO.
    (e) The Federal Air Marshal identifies himself or herself to the 
aircraft operator by presenting credentials that include a clear, full-
face picture, the signature of the Federal Air Marshal, and the 
signature of the FAA Administrator. A badge, shield, or similar device 
may not

[[Page 8371]]

be used or accepted as the sole means of identification.
    (f) The requirements of Sec. 1544.219(a) do not apply for a Federal 
Air Marshal on duty status.
    (g) Each aircraft operator must restrict any information concerning 
the presence, seating, names, and purpose of Federal Air Marshals at 
any station or on any flight to those persons with an operational need 
to know.
    (h) Law enforcement officers authorized to carry a weapon during a 
flight will be contacted directly by a Federal Air Marshal who is on 
that same flight.


Sec. 1544.225  Security of aircraft and facilities.

    Each aircraft operator must use the procedures included, and the 
facilities and equipment described, in its security program to perform 
the following control functions with respect to each aircraft 
operation:
    (a) Prevent unauthorized access to areas controlled by the aircraft 
operator under an exclusive area agreement in accordance with 
Sec. 1542.111 of this chapter.
    (b) Prevent unauthorized access to each aircraft.
    (c) Conduct a security inspection of each aircraft before placing 
it into passenger operations if access has not been controlled in 
accordance with the aircraft operator security program and as otherwise 
required in the security program.


Sec. 1544.227  Exclusive area agreement.

    (a) An aircraft operator that has entered into an exclusive area 
agreement with an airport operator, under Sec. 1542.111 of this chapter 
must carry out that exclusive area agreement.
    (b) The aircraft operator must list in its security program the 
locations at which it has entered into exclusive area agreements with 
an airport operator.
    (c) The aircraft operator must provide the exclusive area agreement 
to TSA upon request.
    (d) Any exclusive area agreements in effect on November 14, 2001, 
must meet the requirements of this section and Sec. 1542.111 of this 
chapter no later than November 14, 2002.


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

    (a) Scope. The following individuals are within the scope of this 
section. Unescorted access authority, authority to perform screening 
functions, and authority to perform checked baggage or cargo functions, 
are collectively referred to as ``covered functions.''
    (1) New unescorted access authority or authority to perform 
screening functions. (i) Each employee or contract employee covered 
under a certification made to an airport operator on or after December 
6, 2001, pursuant to 14 CFR 107.209(n) in effect prior to November 14, 
2001 (see 14 CFR Parts 60 to 139 revised as of January 1, 2001) or 
Sec. 1542.209(n) of this chapter.
    (ii) Each individual issued on or after December 6, 2001, an 
aircraft operator identification media that one or more airports 
accepts as airport-approved media for unescorted access authority 
within a security identification display area (SIDA), as described in 
Sec. 1542.205 of this chapter (referred to as ``unescorted access 
authority'').
    (iii) Each individual, on or after December 6, 2001, granted 
authority to perform the following screening functions at locations 
within the United States (referred to as ``authority to perform 
screening functions'')--
    (A) Screening passengers or property that will be carried in a 
cabin of an aircraft of an aircraft operator required to screen 
passengers under this part.
    (B) Serving as an immediate supervisor (checkpoint security 
supervisor (CSS)), and the next supervisory level (shift or site 
supervisor), to those individuals described in paragraph (a)(1)(iii)(A) 
of this section.
    (2) Current unescorted access authority or authority to perform 
screening functions. (i) Each employee or contract employee covered 
under a certification made to an airport operator pursuant to 14 CFR 
107.31(n) in effect prior to November 14, 2001 (see 14 CFR Parts 60 to 
139 revised as of January 1, 2001), or pursuant to 14 CFR 107.209(n) in 
effect prior to December 6, 2001 (see 14 CFR Parts 60 to 139 revised as 
of January 1, 2001).
    (ii) Each individual who holds on December 6, 2001, an aircraft 
operator identification media that one or more airports accepts as 
airport-approved media for unescorted access authority within a 
security identification display area (SIDA), as described in 
Sec. 1542.205 of this chapter.
    (iii) Each individual who is performing on December 6, 2001, a 
screening function identified in paragraph (a)(1)(iii) of this section.
    (3) New authority to perform checked baggage or cargo functions. 
Each individual who, on and after February 17, 2002, is granted the 
authority to perform the following checked baggage and cargo functions 
(referred to as ``authority to perform checked baggage or cargo 
functions''), except for individuals described in paragraph (a)(1) of 
this section:
    (i) Screening of checked baggage or cargo of an aircraft operator 
required to screen passengers under this part, or serving as an 
immediate supervisor of such an individual.
    (ii) Accepting checked baggage for transport on behalf of an 
aircraft operator required to screen passengers under this part.
    (4) Current authority to perform checked baggage or cargo 
functions. Each individual who holds on February 17, 2002, authority to 
perform checked baggage or cargo functions, except for individuals 
described in paragraph (a)(1) or (2) of this section.
    (b) Individuals seeking unescorted access authority, authority to 
perform screening functions, or authority to perform checked baggage or 
cargo functions. Each aircraft operator must ensure that each 
individual identified in paragraph (a)(1) or (3) of this section has 
undergone a fingerprint-based CHRC that does not disclose that he or 
she has a disqualifying criminal offense, as described in paragraph (d) 
of this section, before--
    (1) Making a certification to an airport operator regarding that 
individual;
    (2) Issuing an aircraft operator identification medium to that 
individual;
    (3) Authorizing that individual to perform screening functions; or
    (4) Authorizing that individual to perform checked baggage or cargo 
functions.
    (c) Individuals who have not had a CHRC. (1) Deadline for 
conducting a CHRC. Each aircraft operator must ensure that, on and 
after December 6, 2002:
    (i) No individual retains unescorted access authority, whether 
obtained as a result of a certification to an airport operator under 14 
CFR 107.31(n) in effect prior to November 14, 2001 (see 14 CFR parts 60 
to 139 revised as of January 1, 2001), or under 14 CFR 107.209(n) in 
effect prior to December 6, 2001 (see 14 CFR Parts 60 to 139 revised as 
of January 1, 2001), or obtained as a result of the issuance of an 
aircraft operator's identification media, unless the individual has 
been subject to a fingerprint-based CHRC for unescorted access 
authority under this part.
    (ii) No individual continues to have authority to perform screening 
functions described in paragraph (a)(1)(iii) of this section, unless 
the individual has been subject to a fingerprint-based CHRC under this 
part.
    (iii) No individual continues to have authority to perform checked 
baggage or

[[Page 8372]]

cargo functions described in paragraph (a)(3) of this section, unless 
the individual has been subject to a fingerprint-based CHRC under this 
part.
    (2) Lookback for individuals with unescorted access authority or 
authority to perform screening functions. When a CHRC discloses a 
disqualifying criminal offense for which the conviction or finding was 
on or after December 6, 1991, the aircraft operator must immediately 
suspend that individual's unescorted access authority or authority to 
perform screening functions.
    (3) Lookback for individuals with authority to perform checked 
baggage or cargo functions. When a CHRC discloses a disqualifying 
criminal offense for which the conviction or finding was on or after 
February 17, 1992, the aircraft operator must immediately suspend that 
individual's authority to perform checked baggage or cargo functions.
    (d) Disqualifying criminal offenses. An individual has a 
disqualifying criminal offense if the individual has been convicted, or 
found not guilty by reason of insanity, of any of the disqualifying 
crimes listed in this paragraph in any jurisdiction during the 10 years 
before the date of the individual's application for authority to 
perform covered functions, or while the individual has authority to 
perform covered functions. The disqualifying criminal offenses are as 
follows:
    (1) Forgery of certificates, false marking of aircraft, and other 
aircraft registration violation; 49 U.S.C. 46306.
    (2) Interference with air navigation; 49 U.S.C. 46308.
    (3) Improper transportation of a hazardous material; 49 U.S.C. 
46312.
    (4) Aircraft piracy; 49 U.S.C. 46502.
    (5) Interference with flight crew members or flight attendants; 49 
U.S.C. 46504.
    (6) Commission of certain crimes aboard aircraft in flight; 49 
U.S.C. 46506.
    (7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 
46505.
    (8) Conveying false information and threats; 49 U.S.C. 46507.
    (9) Aircraft piracy outside the special aircraft jurisdiction of 
the United States; 49 U.S.C. 46502(b).
    (10) Lighting violations involving transporting controlled 
substances; 49 U.S.C. 46315.
    (11) Unlawful entry into an aircraft or airport area that serves 
air carriers or foreign air carriers contrary to established security 
requirements; 49 U.S.C. 46314.
    (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
    (13) Murder.
    (14) Assault with intent to murder.
    (15) Espionage.
    (16) Sedition.
    (17) Kidnapping or hostage taking.
    (18) Treason.
    (19) Rape or aggravated sexual abuse.
    (20) Unlawful possession, use, sale, distribution, or manufacture 
of an explosive or weapon.
    (21) Extortion.
    (22) Armed or felony unarmed robbery.
    (23) Distribution of, or intent to distribute, a controlled 
substance.
    (24) Felony arson.
    (25) Felony involving a threat.
    (26) Felony involving--
    (i) Willful destruction of property;
    (ii) Importation or manufacture of a controlled substance;
    (iii) Burglary;
    (iv) Theft;
    (v) Dishonesty, fraud, or misrepresentation;
    (vi) Possession or distribution of stolen property;
    (vii) Aggravated assault;
    (viii) Bribery; or
    (ix) Illegal possession of a controlled substance punishable by a 
maximum term of imprisonment of more than 1 year.
    (27) Violence at international airports; 18 U.S.C. 37.
    (28) Conspiracy or attempt to commit any of the criminal acts 
listed in this paragraph (d).
    (e) Fingerprint application and processing. (1) At the time of 
fingerprinting, the aircraft operator must provide the individual to be 
fingerprinted a fingerprint application that includes only the 
following--
    (i) The disqualifying criminal offenses described in paragraph (d) 
of this section.
    (ii) A statement that the individual signing the application does 
not have a disqualifying criminal offense.
    (iii) A statement informing the individual that Federal regulations 
under 49 CFR 1544.229 impose a continuing obligation to disclose to the 
aircraft operator within 24 hours if he or she is convicted of any 
disqualifying criminal offense that occurs while he or she has 
authority to perform a covered function.
    (iv) A statement reading, ``The information I have provided on this 
application is true, complete, and correct to the best of my knowledge 
and belief and is provided in good faith. I understand that a knowing 
and willful false statement on this application can be punished by fine 
or imprisonment or both. (See section 1001 of Title 18 United States 
Code.)''
    (v) A line for the printed name of the individual.
    (vi) A line for the individual's signature and date of signature.
    (2) Each individual must complete and sign the application prior to 
submitting his or her fingerprints.
    (3) The aircraft operator must verify the identity of the 
individual through two forms of identification prior to fingerprinting, 
and ensure that the printed name on the fingerprint application is 
legible. At least one of the two forms of identification must have been 
issued by a government authority, and at least one must include a 
photo.
    (4) The aircraft operator must:
    (i) Advise the individual that a copy of the criminal record 
received from the FBI will be provided to the individual, if requested 
by the individual in writing; and
    (ii) Identify a point of contact if the individual has questions 
about the results of the CHRC.
    (5) The aircraft operator must collect, control, and process one 
set of legible and classifiable fingerprints under direct observation 
by the aircraft operator or a law enforcement officer.
    (6) Fingerprints may be obtained and processed electronically, or 
recorded on fingerprint cards approved by the FBI and distributed by 
TSA for that purpose.
    (7) The fingerprint submission must be forwarded to TSA in the 
manner specified by TSA.
    (f) Fingerprinting fees. Aircraft operators must pay for all 
fingerprints in a form and manner approved by TSA. The payment must be 
made at the designated rate (available from the local TSA security 
office) for each set of fingerprints submitted. Information about 
payment options is available though the designated TSA headquarters 
point of contact. Individual personal checks are not acceptable.
    (g) Determination of arrest status. (1) When a CHRC on an 
individual described in paragraph (a)(1) or (3) of this section 
discloses an arrest for any disqualifying criminal offense listed in 
paragraph (d) of this section without indicating a disposition, the 
aircraft operator must determine, after investigation, that the arrest 
did not result in a disqualifying offense before granting authority to 
perform a covered function. If there is no disposition, or if the 
disposition did not result in a conviction or in a finding of not 
guilty by reason of insanity of one of the offenses listed in paragraph 
(d) of this section, the individual is not disqualified under this 
section.
    (2) When a CHRC on an individual described in paragraph (a)(2) or 
(4) of this section discloses an arrest for any disqualifying criminal 
offense without

[[Page 8373]]

indicating a disposition, the aircraft operator must suspend the 
individual's authority to perform a covered function not later than 45 
days after obtaining the CHRC unless the aircraft operator determines, 
after investigation, that the arrest did not result in a disqualifying 
criminal offense. If there is no disposition, or if the disposition did 
not result in a conviction or in a finding of not guilty by reason of 
insanity of one of the offenses listed in paragraph (d) of this 
section, the individual is not disqualified under this section.
    (3) The aircraft operator may only make the determinations required 
in paragraphs (g)(1) and (g)(2) of this section for individuals for 
whom it is issuing, or has issued, authority to perform a covered 
function; and individuals who are covered by a certification from an 
aircraft operator under Sec. 1542.209(n) of this chapter. The aircraft 
operator may not make determinations for individuals described in 
Sec. 1542.209(a) of this chapter.
    (h) Correction of FBI records and notification of disqualification. 
(1) Before making a final decision to deny authority to an individual 
described in paragraph (a)(1) or (3) of this section, the aircraft 
operator must advise him or her that the FBI criminal record discloses 
information that would disqualify him or her from receiving or 
retaining authority to perform a covered function and provide the 
individual with a copy of the FBI record if he or she requests it.
    (2) The aircraft operator must notify an individual that a final 
decision has been made to grant or deny authority to perform a covered 
function.
    (3) Immediately following the suspension of authority to perform a 
covered function, the aircraft operator must advise the individual that 
the FBI criminal record discloses information that disqualifies him or 
her from retaining his or her authority, and provide the individual 
with a copy of the FBI record if he or she requests it.
    (i) Corrective action by the individual. The individual may contact 
the local jurisdiction responsible for the information and the FBI to 
complete or correct the information contained in his or her record, 
subject to the following conditions--
    (1) For an individual seeking unescorted access authority or 
authority to perform screening functions on or after December 6, 2001; 
or an individual seeking authority to perform checked baggage or cargo 
functions on or after February 17, 2002; the following applies:
    (i) Within 30 days after being advised that the criminal record 
received from the FBI discloses a disqualifying criminal offense, the 
individual must notify the aircraft operator in writing of his or her 
intent to correct any information he or she believes to be inaccurate. 
The aircraft operator must obtain a copy, or accept a copy from the 
individual, of the revised FBI record or a certified true copy of the 
information from the appropriate court, prior to authority to perform a 
covered function.
    (ii) If no notification, as described in paragraph (h)(1) of this 
section, is received within 30 days, the aircraft operator may make a 
final determination to deny authority to perform a covered function.
    (2) For an individual with unescorted access authority or authority 
to perform screening functions before December 6, 2001; or an 
individual with authority to perform checked baggage or cargo functions 
before February 17, 2002; the following applies: Within 30 days after 
being advised of suspension because the criminal record received from 
the FBI discloses a disqualifying criminal offense, the individual must 
notify the aircraft operator in writing of his or her intent to correct 
any information he or she believes to be inaccurate. The aircraft 
operator must obtain a copy, or accept a copy from the individual, of 
the revised FBI record, or a certified true copy of the information 
from the appropriate court, prior to reinstating authority to perform a 
covered function.
    (j) Limits on dissemination of results. Criminal record information 
provided by the FBI may be used only to carry out this section and 
Sec. 1542.209 of this chapter. No person may disseminate the results of 
a CHRC to anyone other than:
    (1) The individual to whom the record pertains, or that 
individual's authorized representative.
    (2) Officials of airport operators who are determining whether to 
grant unescorted access to the individual under part 1542 of this 
chapter when the determination is not based on the aircraft operator's 
certification under Sec. 1542.209(n) of this chapter.
    (3) Other aircraft operators who are determining whether to grant 
authority to perform a covered function under this part.
    (4) Others designated by TSA.
    (k) Recordkeeping. The aircraft operator must maintain the 
following information.
    (1) Investigation conducted before December 6, 2001. The aircraft 
operator must maintain and control the access or employment history 
investigation files, including the criminal history records results 
portion, for investigations conducted before December 6, 2001.
    (2) Fingerprint application process on or after December 6, 2001. 
The aircraft operator must physically maintain, control, and, as 
appropriate, destroy the fingerprint application and the criminal 
record. Only direct aircraft operator employees may carry out the 
responsibility for maintaining, controlling, and destroying criminal 
records.
    (3) Protection of records--all investigations. The records required 
by this section must be maintained in a manner that is acceptable to 
TSA and in a manner that protects the confidentiality of the 
individual.
    (4) Duration--all investigations. The records identified in this 
section with regard to an individual must be maintained until 180 days 
after the termination of the individual's authority to perform a 
covered function. When files are no longer maintained, the criminal 
record must be destroyed.
    (l) Continuing responsibilities. (1) Each individual with 
unescorted access authority or the authority to perform screening 
functions on December 6, 2001, who had a disqualifying criminal offense 
in paragraph (d) of this section on or after December 6, 1991, must, by 
January 7, 2002, report the conviction to the aircraft operator and 
surrender the SIDA access medium to the issuer and cease performing 
screening functions, as applicable.
    (2) Each individual with authority to perform a covered function 
who has a disqualifying criminal offense must report the offense to the 
aircraft operator and surrender the SIDA access medium to the issuer 
within 24 hours of the conviction or the finding of not guilty by 
reason of insanity.
    (3) If information becomes available to the aircraft operator 
indicating that an individual with authority to perform a covered 
function has a possible conviction for any disqualifying criminal 
offense in paragraph (d) of this section, the aircraft operator must 
determine the status of the conviction. If a disqualifying criminal 
offense is confirmed the aircraft operator must immediately revoke any 
authority to perform a covered function.
    (4) Each individual with authority to perform checked baggage or 
cargo functions on February 17, 2002, who had a disqualifying criminal 
offense in paragraph (d) of this section on or after February 17, 1992, 
must, by March 25 2002, report the conviction to the aircraft operator 
and cease performing check baggage or cargo functions.
    (m) Aircraft operator responsibility. The aircraft operator must--

[[Page 8374]]

    (1) Designate an individual(s) to be responsible for maintaining 
and controlling the employment history investigations for those whom 
the aircraft operator has made a certification to an airport operator 
under 14 CFR 107.209(n) in effect prior to November 14, 2001 (see 14 
CFR Parts 60 to 139 revised as of January 1, 2001), and for those whom 
the aircraft operator has issued identification media that are airport-
accepted. The aircraft operator must designate a direct employee to 
maintain, control, and, as appropriate, destroy criminal records.
    (2) Designate an individual(s) to maintain the employment history 
investigations of individuals with authority to perform screening 
functions whose files must be maintained at the location or station 
where the screener is performing his or her duties.
    (3) Designate an individual(s) at appropriate locations to serve as 
the contact to receive notification from individuals seeking authority 
to perform covered functions of their intent to seek correction of 
their FBI criminal record.
    (4) Audit the employment history investigations performed in 
accordance with this section and 14 CFR 108.33 in effect prior to 
November 14, 2001 (see 14 CFR Parts 60 to 139 revised as of January 1, 
2001). The aircraft operator must set forth the audit procedures in its 
security program.


Sec. 1544.231  Airport-approved and exclusive area personnel 
identification systems.

    (a) Each aircraft operator must establish and carry out a personnel 
identification system for identification media that are airport-
approved, or identification media that are issued for use in an 
exclusive area. The system must include the following:
    (1) Personnel identification media that--
    (i) Convey a full face image, full name, employer, and 
identification number of the individual to whom the identification 
medium is issued;
    (ii) Indicate clearly the scope of the individual's access and 
movement privileges;
    (iii) Indicate clearly an expiration date; and
    (iv) Are of sufficient size and appearance as to be readily 
observable for challenge purposes.
    (2) Procedures to ensure that each individual in the secured area 
or SIDA continuously displays the identification medium issued to that 
individual on the outermost garment above waist level, or is under 
escort.
    (3) Procedures to ensure accountability through the following:
    (i) Retrieving expired identification media.
    (ii) Reporting lost or stolen identification media.
    (iii) Securing unissued identification media stock and supplies.
    (iv) Auditing the system at a minimum of once a year, or sooner, as 
necessary to ensure the integrity and accountability of all 
identification media.
    (v) As specified in the aircraft operator security program, 
revalidate the identification system or reissue identification media if 
a portion of all issued, unexpired identification media are lost, 
stolen, or unretrieved, including identification media that are 
combined with access media.
    (vi) Ensure that only one identification medium is issued to an 
individual at a time. A replacement identification medium may only be 
issued if an individual declares in writing that the medium has been 
lost or stolen.
    (b) The aircraft operator may request approval of a temporary 
identification media system that meets the standards in 
Sec. 1542.211(b) of this chapter, or may arrange with the airport to 
use temporary airport identification media in accordance with that 
section.
    (c) Each aircraft operator must submit a plan to carry out this 
section to TSA no later than May 13, 2002. Each aircraft operator must 
fully implement its plan no later than November 14, 2003.


Sec. 1544.233  Security coordinators and crewmembers, training.

    (a) No aircraft operator may use any individual as a Ground 
Security Coordinator unless, within the preceding 12-calendar months, 
that individual has satisfactorily completed the security training as 
specified in the aircraft operator's security program.
    (b) No aircraft operator may use any individual as an in-flight 
security coordinator or crewmember on any domestic or international 
flight unless, within the preceding 12-calendar months or within the 
time period specified in an Advanced Qualifications Program approved 
under SFAR 58 in 14 CFR part 121, that individual has satisfactorily 
completed the security training required by 14 CFR 121.417(b)(3)(v) or 
135.331(b)(3)(v), and as specified in the aircraft operator's security 
program.
    (c) With respect to training conducted under this section, whenever 
an individual completes recurrent training within one calendar month 
earlier, or one calendar month after the date it was required, that 
individual is considered to have completed the training in the calendar 
month in which it was required.


Sec. 1544.235  Training and knowledge for individuals with security-
related duties.

    (a) No aircraft operator may use any direct or contractor employee 
to perform any security-related duties to meet the requirements of its 
security program unless that individual has received training as 
specified in its security program including their individual 
responsibilities in Sec. 1540.105 of this chapter.
    (b) Each aircraft operator must ensure that individuals performing 
security-related duties for the aircraft operator have knowledge of the 
provisions of this part, applicable Security Directives and Information 
Circulars, the approved airport security program applicable to their 
location, and the aircraft operator's security program to the extent 
that such individuals need to know in order to perform their duties.

Subpart D--Threat and Threat Response


Sec. 1544.301  Contingency plan.

    Each aircraft operator must adopt a contingency plan and must:
    (a) Implement its contingency plan when directed by TSA.
    (b) Ensure that all information contained in the plan is updated 
annually and that appropriate persons are notified of any changes.
    (c) Participate in an airport-sponsored exercise of the airport 
contingency plan or its equivalent, as provided in its security 
program.


Sec. 1544.303  Bomb or air piracy threats.

    (a) Flight: Notification. Upon receipt of a specific and credible 
threat to the security of a flight, the aircraft operator must--
    (1) Immediately notify the ground and in-flight security 
coordinators of the threat, any evaluation thereof, and any measures to 
be applied; and
    (2) Ensure that the in-flight security coordinator notifies all 
crewmembers of the threat, any evaluation thereof, and any measures to 
be applied; and
    (3) Immediately notify the appropriate airport operator.
    (b) Flight: Inspection. Upon receipt of a specific and credible 
threat to the security of a flight, each aircraft operator must attempt 
to determine whether or not any explosive or incendiary is present by 
doing the following:
    (1) Conduct a security inspection on the ground before the next 
flight or, if the aircraft is in flight, immediately after its next 
landing.
    (2) If the aircraft is on the ground, immediately deplane all 
passengers and submit that aircraft to a security search.
    (3) If the aircraft is in flight, immediately advise the pilot in

[[Page 8375]]

command of all pertinent information available so that necessary 
emergency action can be taken.
    (c) Ground facility. Upon receipt of a specific and credible threat 
to a specific ground facility at the airport, the aircraft operator 
must:
    (1) Immediately notify the appropriate airport operator.
    (2) Inform all other aircraft operators and foreign air carriers at 
the threatened facility.
    (3) Conduct a security inspection.
    (d) Notification. Upon receipt of any bomb threat against the 
security of a flight or facility, or upon receiving information that an 
act or suspected act of air piracy has been committed, the aircraft 
operator also must notify TSA. If the aircraft is in airspace under 
other than U.S. jurisdiction, the aircraft operator must also notify 
the appropriate authorities of the State in whose territory the 
aircraft is located and, if the aircraft is in flight, the appropriate 
authorities of the State in whose territory the aircraft is to land. 
Notification of the appropriate air traffic controlling authority is 
sufficient action to meet this requirement.


Sec. 1544.305  Security Directives and Information Circulars.

    (a) TSA may issue an Information Circular to notify aircraft 
operators of security concerns. When TSA determines that additional 
security measures are necessary to respond to a threat assessment or to 
a specific threat against civil aviation, TSA issues a Security 
Directive setting forth mandatory measures.
    (b) Each aircraft operator required to have an approved aircraft 
operator security program must comply with each Security Directive 
issued to the aircraft operator by TSA, within the time prescribed in 
the Security Directive for compliance.
    (c) Each aircraft operator that receives a Security Directive 
must--
    (1) Within the time prescribed in the Security Directive, verbally 
acknowledge receipt of the Security Directive to TSA.
    (2) Within the time prescribed in the Security Directive, specify 
the method by which the measures in the Security Directive have been 
implemented (or will be implemented, if the Security Directive is not 
yet effective).
    (d) In the event that the aircraft operator is unable to implement 
the measures in the Security Directive, the aircraft operator must 
submit proposed alternative measures and the basis for submitting the 
alternative measures to TSA for approval. The aircraft operator must 
submit the proposed alternative measures within the time prescribed in 
the Security Directive. The aircraft operator must implement any 
alternative measures approved by TSA.
    (e) Each aircraft operator that receives a Security Directive may 
comment on the Security Directive by submitting data, views, or 
arguments in writing to TSA. TSA may amend the Security Directive based 
on comments received. Submission of a comment does not delay the 
effective date of the Security Directive.
    (f) Each aircraft operator that receives a Security Directive or 
Information Circular and each person who receives information from a 
Security Directive or Information Circular must:
    (1) Restrict the availability of the Security Directive or 
Information Circular, and information contained in either document, to 
those persons with an operational need-to-know.
    (2) Refuse to release the Security Directive or Information 
Circular, and information contained in either document, to persons 
other than those with an operational need-to-know without the prior 
written consent of TSA.

Subpart E--Screener Qualifications When the Aircraft Operator 
Performs Screening


Sec. 1544.401  Applicability of this subpart.

    (a) Aircraft operator screening. This subpart applies when the 
aircraft operator is conducting inspections as provided in 
Sec. 1544.207(c).
    (b) Current screeners. As used in this subpart, ``current 
screener'' means each individual who first performed screening 
functions before the date the aircraft operator must begin use of the 
new screener training program provided by TSA. Until November 19, 2002, 
each current screener must comply with Sec. 1544.403. Until November 
19, 2002, each aircraft operator must apply Sec. 1544.403 for each 
current screener. On and after November 19, 2002, each such current 
screener must comply with Secs. 1544.405 through 1544.411, and each 
aircraft operator must comply with Secs. 1544.405 through 1544.411 for 
such individuals.
    (c) New screeners. As used in this subpart, ``new screener'' means 
each individual who first performs screening functions on and after the 
date the aircraft operator must begin use of the new screener training 
program provided by TSA. Each aircraft operator must apply 
Secs. 1544.405 through 1544.411 for individuals who first perform 
screening functions for new screeners.


Sec. 1544.403  Current screeners.

    This section applies to current screeners. This section no longer 
applies on and after November 19, 2002.
    (a) No aircraft operator may use any person to perform any 
screening function, unless that person has:
    (1) A high school diploma, a General Equivalency Diploma, or a 
combination of education and experience that the aircraft operator has 
determined to have equipped the person to perform the duties of the 
position.
    (2) Basic aptitudes and physical abilities including color 
perception, visual and aural acuity, physical coordination, and motor 
skills to the following standards:
    (i) Screeners operating X-ray equipment must be able to distinguish 
on the X-ray monitor the appropriate imaging standard specified in the 
aircraft operator's security program. Wherever the X-ray system 
displays colors, the operator must be able to perceive each color;
    (ii) Screeners operating any screening equipment must be able to 
distinguish each color displayed on every type of screening equipment 
and explain what each color signifies;
    (iii) Screeners must be able to hear and respond to the spoken 
voice and to audible alarms generated by screening equipment in an 
active checkpoint environment;
    (iv) Screeners performing physical searches or other related 
operations must be able to efficiently and thoroughly manipulate and 
handle such baggage, containers, and other objects subject to security 
processing; and
    (v) Screeners who perform pat-downs or hand-held metal detector 
searches of persons must have sufficient dexterity and capability to 
thoroughly conduct those procedures over a person's entire body.
    (3) The ability to read, speak, and write English well enough to--
    (i) Carry out written and oral instructions regarding the proper 
performance of screening duties;
    (ii) Read English language identification media, credentials, 
airline tickets, and labels on items normally encountered in the 
screening process;
    (iii) Provide direction to and understand and answer questions from 
English-speaking persons undergoing screening; and
    (iv) Write incident reports and statements and log entries into 
security records in the English language.
    (4) Satisfactorily completed all initial, recurrent, and 
appropriate specialized training required by the aircraft operator's 
security program, except as

[[Page 8376]]

provided in paragraph (b) of this section.
    (b) The aircraft operator may use a person who has not completed 
the training required by paragraph (a)(4) of this section during the 
on-the-job portion of training to perform security functions provided 
that the person:
    (1) Is closely supervised, and
    (2) Does not make independent judgments as to whether persons or 
property may enter a sterile area or aircraft without further 
inspection.
    (c) No aircraft operator must use a person to perform a screening 
function after that person has failed an operational test related to 
that function until that person has successfully completed the remedial 
training specified in the aircraft operator's security program.
    (d) Each aircraft operator must ensure that a Ground Security 
Coordinator conducts and documents an annual evaluation of each 
individual assigned screening duties and may continue that individual's 
employment in a screening capacity only upon the determination by the 
Ground Security Coordinator that the individual:
    (1) Has not suffered a significant diminution of any physical 
ability required to perform a screening function since the last 
evaluation of those abilities;
    (2) Has a satisfactory record of performance and attention to duty 
based on the standards and requirements in its security program; and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.
    (e) Paragraphs (a) through (d) of this section do not apply to 
those screening functions conducted outside the United States over 
which the aircraft operator does not have operational control. In the 
event the aircraft operator is unable to implement paragraphs (a) 
through (d) of this section for screening functions outside the United 
States, the aircraft operator must notify TSA of those aircraft 
operator stations so affected.
    (f) At locations outside the United States where the aircraft 
operator has operational control over a screening function, the 
aircraft operator may use screeners who do not meet the requirements of 
paragraph (a)(3) of this section, provided that at least one 
representative of the aircraft operator who has the ability to 
functionally read and speak English is present while the aircraft 
operator's passengers are undergoing security screening.


Sec. 1544.405  New screeners: Qualifications of screening personnel.

    (a) No individual subject to this subpart may perform a screening 
function unless that individual has the qualifications described in 
Secs. 1544.405 through 1544.411. No aircraft operator may use such an 
individual to perform a screening function unless that person complies 
with the requirements of Secs. 1544.405 through 1544.411.
    (b) A screener must have a satisfactory or better score on a 
screener selection test administered by TSA.
    (c) A screener must be a citizen of the United States.
    (d) A screener must have a high school diploma, a General 
Equivalency Diploma, or a combination of education and experience that 
the TSA has determined to be sufficient for the individual to perform 
the duties of the position.
    (e) A screener must have basic aptitudes and physical abilities 
including color perception, visual and aural acuity, physical 
coordination, and motor skills to the following standards:
    (1) Screeners operating screening equipment must be able to 
distinguish on the screening equipment monitor the appropriate imaging 
standard specified in the aircraft operator's security program.
    (2) Screeners operating any screening equipment must be able to 
distinguish each color displayed on every type of screening equipment 
and explain what each color signifies.
    (3) Screeners must be able to hear and respond to the spoken voice 
and to audible alarms generated by screening equipment at an active 
screening location.
    (4) Screeners who perform physical searches or other related 
operations must be able to efficiently and thoroughly manipulate and 
handle such baggage, containers, cargo, and other objects subject to 
screening.
    (5) Screeners who perform pat-downs or hand-held metal detector 
searches of individuals must have sufficient dexterity and capability 
to thoroughly conduct those procedures over an individual's entire 
body.
    (f) A screener must have the ability to read, speak, and write 
English well enough to--
    (1) Carry out written and oral instructions regarding the proper 
performance of screening duties;
    (2) Read English language identification media, credentials, 
airline tickets, documents, air waybills, invoices, and labels on items 
normally encountered in the screening process;
    (3) Provide direction to and understand and answer questions from 
English-speaking individuals undergoing screening; and
    (4) Write incident reports and statements and log entries into 
security records in the English language.
    (g) At locations outside the United States where the aircraft 
operator has operational control over a screening function, the 
aircraft operator may use screeners who do not meet the requirements of 
paragraph (f) of this section, provided that at least one 
representative of the aircraft operator who has the ability to 
functionally read and speak English is present while the aircraft 
operator's passengers are undergoing security screening. At such 
locations the aircraft operator may use screeners who are not United 
States citizens.


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

    (a) Training required. Before performing screening functions, an 
individual must have completed initial, recurrent, and appropriate 
specialized training as specified in this section and the aircraft 
operator's security program. No aircraft operator may use any screener, 
screener in charge, or checkpoint security supervisor unless that 
individual has satisfactorily completed the required training. This 
paragraph does not prohibit the performance of screening functions 
during on-the-job training as provided in Sec. 1544.409 (b).
    (b) Use of training programs. Training for screeners must be 
conducted under programs provided by TSA. Training programs for 
screeners-in-charge and checkpoint security supervisors must be 
conducted in accordance with the aircraft operator's security program.
    (c) Classroom instruction. Each screener must complete at least 40 
hours of classroom instruction or successfully complete a program that 
TSA determines will train individuals to a level of proficiency 
equivalent to the level that would be achieved by such classroom 
instruction.
    (d) Screener readiness test. Before beginning on-the-job training, 
a screener trainee must pass the screener readiness test prescribed by 
TSA.
    (e) On-the-job training and testing. Each screener must complete at 
least 60 hours of on-the-job training and must pass an on-the-job 
training test prescribed by TSA. No aircraft operator may permit a 
screener trainee to exercise independent judgment as a screener, until 
the individual passes an on-the-job training test prescribed by TSA.

[[Page 8377]]

    (f) Knowledge requirements. Each aircraft operator must ensure that 
individuals performing as screeners, screeners-in-charge, and 
checkpoint security supervisors for the aircraft operator have 
knowledge of the provisions of this part, the aircraft operator's 
security program, and applicable Security Directives and Information 
Circulars to the extent necessary to perform their duties.
    (g) Disclosure of sensitive security information during training. 
The aircraft operator may not permit a trainee to have access to 
sensitive security information during screener training unless a 
criminal history records check has successfully been completed for that 
individual in accordance with Sec. 1544.229, and the individual has no 
disqualifying criminal offense.


Sec. 1544.409  New screeners: Integrity of screener tests.

    (a) Cheating or other unauthorized conduct. (1) Except as 
authorized by the TSA, no person may--
    (i) Copy or intentionally remove a test under this part;
    (ii) Give to another or receive from another any part or copy of 
that test;
    (iii) Give help on that test to or receive help on that test from 
any person during the period that the test is being given; or
    (iv) Use any material or aid during the period that the test is 
being given.
    (2) No person may take any part of that test on behalf of another 
person.
    (3) No person may cause, assist, or participate intentionally in 
any act prohibited by this paragraph (a).
    (b) Administering and monitoring screener tests. (1) Each aircraft 
operator must notify TSA of the time and location at which it will 
administer each screener readiness test required under 
Sec. 1544.405(d).
    (2) Either TSA or the aircraft operator must administer and monitor 
the screener readiness test. Where more than one aircraft operator or 
foreign air carrier uses a screening location, TSA may authorize an 
employee of one or more of the aircraft operators or foreign air 
carriers to monitor the test for a trainee who will screen at that 
location.
    (3) If TSA or a representative of TSA is not available to 
administer and monitor a screener readiness test, the aircraft operator 
must provide a direct employee to administer and monitor the screener 
readiness test.
    (4) An aircraft operator employee who administers and monitors a 
screener readiness test must not be an instructor, screener, screener-
in-charge, checkpoint security supervisor, or other screening 
supervisor. The employee must be familiar with the procedures for 
administering and monitoring the test and must be capable of observing 
whether the trainee or others are engaging in cheating or other 
unauthorized conduct.


Sec. 1544.411  New screeners: Continuing qualifications for screening 
personnel.

    (a) Impairment. No individual may perform a screening function if 
he or she shows evidence of impairment, such as impairment due to 
illegal drugs, sleep deprivation, medication, or alcohol.
    (b) Training not complete. An individual who has not completed the 
training required by Sec. 1544.405 may be deployed during the on-the-
job portion of training to perform security functions provided that the 
individual--
    (1) Is closely supervised; and
    (2) Does not make independent judgments as to whether individuals 
or property may enter a sterile area or aircraft without further 
inspection.
    (c) Failure of operational test. No aircraft operator may use an 
individual to perform a screening function after that individual has 
failed an operational test related to that function, until that 
individual has successfully completed the remedial training specified 
in the aircraft operator's security program.
    (d) Annual proficiency review. Each individual assigned screening 
duties shall receive an annual evaluation. The aircraft operator must 
ensure that a Ground Security Coordinator conducts and documents an 
annual evaluation of each individual who performs screening functions. 
An individual who performs screening functions may not continue to 
perform such functions unless the evaluation demonstrates that the 
individual--
    (1) Continues to meet all qualifications and standards required to 
perform a screening function;
    (2) Has a satisfactory record of performance and attention to duty 
based on the standards and requirements in the aircraft operator's 
security program; and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.

    7. Add new part 1546 to Chapter XII, subchapter C.

PART 1546--FOREIGN AIR CARRIER SECURITY

Subpart A--General
Sec.
1546.1  Applicability of this part.
1546.3  TSA inspection authority.
Subpart B--Security Program
1546.101  Adoption and implementation.
1546.103  Form, content, and availability of security program.
1546.105  Acceptance of and amendments to the security program.
Subpart C--Operations
1546.201  Acceptance and screening of individuals and accessible 
property.
1546.203  Acceptance and screening of checked baggage.
1546.205  Acceptance and screening of cargo.
1546.207  Screening of individuals and property.
1546.209  Use of X-ray systems.
1546.211  Law enforcement personnel.
Subpart D--Threat and Threat Response
1546.301  Bomb or air piracy threats.
Subpart E--Screener Qualifications When the Foreign Air Carrier 
Conducts Screening
1546.401  Applicability of this subpart.
1546.403  Current screeners.
1546.405  New screeners: Qualifications of screening personnel.
1546.407  New screeners: Training, testing, and knowledge of 
individuals who perform screening functions.
1546.409  New screeners: Integrity of screener tests.
1546.411   New screeners: Continuing qualifications for screening 
personnel.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905-44907, 44914, 
44916-44917, 44935-44936, 44942, 46105.

Subpart A--General


Sec. 1546.1  Applicability of this part.

    This part prescribes aviation security rules governing the 
following:
    (a) The operation within the United States of each foreign air 
carrier holding a permit issued by the Department of Transportation 
under 49 U.S.C. 41302 or other appropriate authority issued by the 
former Civil Aeronautics Board or the Department of Transportation.
    (b) Each law enforcement officer flying armed aboard an aircraft 
operated by a foreign air carrier described in paragraph (a) of this 
section.


Sec. 1546.3  TSA inspection authority.

    (a) Each foreign air carrier must allow TSA, at any time or place, 
to make any inspections or tests, including copying records, to 
determine compliance of an airport operator, aircraft operator, foreign 
air carrier, indirect air carrier, or other airport tenants with--
    (1) This subchapter and any security program under this subchapter, 
and part 1520 of this chapter; and
    (2) 49 U.S.C. Subtitle VII, as amended.
    (b) At the request of TSA, each foreign air carrier must provide 
evidence of compliance with this subchapter and its security program, 
including copies of records.

[[Page 8378]]

Subpart B--Security Program


Sec. 1546.101  Adoption and implementation.

    Each foreign air carrier landing or taking off in the United States 
must adopt and carry out a security program, for each scheduled and 
public charter passenger operation, that meets the requirements of--
    (a) Section 1546.103(b) for each operation with an airplane having 
a passenger seating configuration of 61 or more seats;
    (b) Section 1546.103(b) for each operation that will provide 
deplaned passengers access to a sterile area, or enplane passengers 
from a sterile area, when that access is not controlled by an aircraft 
operator using a security program under part 1544 of this chapter or a 
foreign air carrier using a security program under this part;
    (c) Section 1546.103(b) for each operation with an airplane having 
a passenger seating configuration of 31 or more seats but 60 or fewer 
seats for which TSA has notified the foreign air carrier in writing 
that a threat exists; and
    (d) Section 1546.103(c) for each operation with an airplane having 
a passenger seating configuration of 31 or more seats but 60 or fewer 
seats, when TSA has not notified the foreign air carrier in writing 
that a threat exists with respect to that operation.


Sec. 1546.103  Form, content, and availability of security program.

    (a) General requirements. The security program must be:
    (1) Acceptable to TSA. A foreign air carrier's security program is 
acceptable only if TSA finds that the security program provides 
passengers a level of protection similar to the level of protection 
provided by U.S. air carriers serving the same airports. Foreign air 
carriers must employ procedures equivalent to those required of U.S. 
air carriers serving the same airport if TSA determines that such 
procedures are necessary to provide passengers a similar level of 
protection.
    (2) In English unless TSA requests that the program be submitted in 
the official language of the foreign air carrier's country.
    (b) Content of security program. Each security program required by 
Sec. 1546.101(a), (b), or (c) must be designed to--
    (1) Prevent or deter the carriage aboard airplanes of any 
unauthorized explosive, incendiary, or weapon on or about each 
individual's person or accessible property, except as provided in 
Sec. 1546.201(d), through screening by weapon-detecting procedures or 
facilities;
    (2) Prohibit unauthorized access to airplanes;
    (3) Ensure that checked baggage is accepted by a responsible agent 
of the foreign air carrier; and
    (4) Prevent cargo and checked baggage from being loaded aboard its 
airplanes unless handled in accordance with the foreign air carrier's 
security procedures.
    (c) Law enforcement support. Each security program required by 
Sec. 1546.101(d) must include the procedures used to comply with the 
applicable requirements of Sec. 1546.209 regarding law enforcement 
officers.
    (d) Availability. Each foreign air carrier required to adopt and 
use a security program under this part must--
    (1) Restrict the distribution, disclosure, and availability of 
sensitive security information, as defined in part 1520 of this 
chapter, to persons with a need to know; and
    (2) Refer requests for sensitive security information by other 
persons to TSA.


Sec. 1546.105  Acceptance of and amendments to the security program.

    (a) Initial acceptance of security program. Unless otherwise 
authorized by TSA, each foreign air carrier required to have a security 
program by this part must submit its proposed program to TSA at least 
90 days before the intended date of passenger operations. TSA will 
notify the foreign air carrier of the security program's acceptability, 
or the need to modify the proposed security program for it to be 
acceptable under this part, within 30 days after receiving the proposed 
security program. The foreign air carrier may petition TSA to 
reconsider the notice to modify the security program within 30 days 
after receiving a notice to modify.
    (b) Amendment requested by a foreign air carrier. A foreign air 
carrier may submit a request to TSA to amend its accepted security 
program as follows:
    (1) The proposed amendment must be filed with the designated 
official at least 45 calendar days before the date it proposes for the 
amendment to become effective, unless a shorter period is allowed by 
the designated official.
    (2) Within 30 calendar days after receiving a proposed amendment, 
the designated official, in writing, either approves or denies the 
request to amend.
    (3) An amendment to a foreign air carrier security program may be 
approved if the designated official determines that safety and the 
public interest will allow it, and the proposed amendment provides the 
level of security required under this part.
    (4) Within 45 calendar days after receiving a denial, the foreign 
air carrier may petition the Under Secretary to reconsider the denial. 
A petition for reconsideration must be filed with the designated 
official.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the 
petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 calendar days of receipt by either directing the 
designated official to approve the amendment, or affirming the denial.
    (6) Any foreign air carrier may submit a group proposal for an 
amendment that is on behalf of it and other aircraft operators that co-
sign the proposal.
    (c) Amendment by TSA. If the safety and the public interest require 
an amendment, the designated official may amend an accepted security 
program as follows:
    (1) The designated official notifies the foreign air carrier, in 
writing, of the proposed amendment, fixing a period of not less than 45 
calendar days within which the foreign air carrier may submit written 
information, views, and arguments on the amendment.
    (2) After considering all relevant material, the designated 
official notifies the foreign air carrier of any amendment adopted or 
rescinds the notice. If the amendment is adopted, it becomes effective 
not less than 30 calendar days after the foreign air carrier receives 
the notice of amendment, unless the foreign air carrier petitions the 
Under Secretary to reconsider no later than 15 calendar days before the 
effective date of the amendment. The foreign air carrier must send the 
petition for reconsideration to the designated official. A timely 
petition for reconsideration stays the effective date of the amendment.
    (3) Upon receipt of a petition for reconsideration, the designated 
official either amends or withdraws the notice or transmits the 
petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 calendar days of receipt by either directing the 
designated official to withdraw or amend the amendment, or by affirming 
the amendment.
    (d) Emergency amendments. If the designated official finds that 
there is an emergency requiring immediate action with respect to safety 
in air transportation or in air commerce that makes procedures in this 
section contrary to the public interest, the designated official may 
issue an amendment, without the prior notice

[[Page 8379]]

and comment procedures in paragraph (c) of this section, effective 
without stay on the date the foreign air carrier receives notice of it. 
In such a case, the designated official will incorporate in the notice 
a brief statement of the reasons and findings for the amendment to be 
adopted. The foreign air carrier may file a petition for 
reconsideration under paragraph (c) of this section; however, this does 
not stay the effectiveness of the emergency amendment.

Subpart C--Operations


Sec. 1546.201  Acceptance and screening of individuals and accessible 
property.

    (a) Preventing or deterring the carriage of any explosive, 
incendiary, or weapon. Unless otherwise authorized by TSA, each foreign 
air carrier must use the measures in its security program to prevent or 
deter the carriage of any explosive, incendiary, or weapon on or about 
each individual's person or accessible property before boarding an 
aircraft or entering a sterile area.
    (b) Screening of individuals and accessible property. Except as 
provided in its security program, each foreign air carrier must ensure 
that each individual entering a sterile area at each preboard screening 
checkpoint for which it is responsible, and all accessible property 
under that individual's control, are inspected for weapons, explosives, 
and incendiaries as provided in Sec. 1546.207.
    (c) Refusal to transport. Each foreign air carrier conducting an 
operation for which a security program is required by Sec. 1546.101(a), 
(b), or (c) must refuse to transport--
    (1) Any individual who does not consent to a search or inspection 
of his or her person in accordance with the system prescribed in this 
part; and
    (2) Any property of any individual or other person who does not 
consent to a search or inspection of that property in accordance with 
the system prescribed by this part.
    (d) Explosive, incendiary, weapon: Prohibitions and exceptions. No 
individual may, while on board an aircraft being operated by a foreign 
air carrier in the United States, carry on or about his person a deadly 
or dangerous weapon, either concealed or unconcealed. This paragraph 
(d) does not apply to--
    (1) Officials or employees of the state of registry of the aircraft 
who are authorized by that state to carry arms; and
    (2) Crewmembers and other individuals authorized by the foreign air 
carrier to carry arms.


Sec. 1546.203  Acceptance and screening of checked baggage.

    (a) Preventing or deterring the carriage of any explosive or 
incendiary. Each foreign air carrier must use the procedures, 
facilities, and equipment described in its security program to prevent 
or deter the carriage of any unauthorized explosive or incendiary 
onboard aircraft in checked baggage.
    (b) Refusal to transport. Each foreign air carrier must refuse to 
transport any individual's checked baggage or property if the 
individual does not consent to a search or inspection of that checked 
baggage or property in accordance with the system prescribed by this 
part.
    (c) Firearms in checked baggage. No foreign air carrier may 
knowingly permit any person to transport, nor may any person transport, 
while aboard an aircraft being operated in the United States by that 
carrier, in checked baggage, a firearm, unless:
    (1) The person has notified the foreign air carrier before checking 
the baggage that the firearm is in the baggage; and
    (2) The baggage is carried in an area inaccessible to passengers.


Sec. 1546.205  Acceptance and screening of cargo.

    (a) General requirements. Each foreign air carrier must use the 
procedures, facilities and equipment described in its security program 
to prevent or deter the carriage of unauthorized explosives or 
incendiaries in cargo onboard a passenger aircraft.
    (b) Refusal to transport. Each foreign air carrier must refuse to 
transport any cargo if the shipper does not consent to a search or 
inspection of that cargo in accordance with the system prescribed by 
this part.


Sec. 1546.207  Screening of individuals and property.

    (a) Applicability of this section. This section applies to the 
inspection of individuals, accessible property, checked baggage, and 
cargo as required under this part.
    (b) Locations within the United States at which TSA conducts 
screening. As required in its security program, each foreign air 
carrier must ensure that all individuals or property have been 
inspected by TSA before boarding or loading on its aircraft. This 
paragraph applies when TSA is conducting screening using TSA employees 
or when using companies under contract with TSA.
    (c) Foreign air carrier conducting screening. Each foreign air 
carrier must use the measures in its security program to inspect the 
individual or property. This paragraph does not apply at locations 
identified in paragraphs (b) of this section.


Sec. 1546.209  Use of X-ray systems.

    (a) TSA authorization required. No foreign air carrier may use any 
X-ray system within the United States to screen accessible property or 
checked baggage, unless specifically authorized under its security 
program. No foreign air carrier may use such a system in a manner 
contrary to its security program. TSA authorizes foreign air carriers 
to use X-ray systems for inspecting accessible property or checked 
baggage under a security program if the foreign air carrier shows 
that--
    (1) The system meets the standards for cabinet X-ray systems 
primarily for the inspection of baggage issued by the Food and Drug 
Administration (FDA) and published in 21 CFR 1020.40;
    (2) A program for initial and recurrent training of operators of 
the system is established, which includes training in radiation safety, 
the efficient use of X-ray systems, and the identification of weapons, 
explosives, and incendiaries; and
    (3) The system meets the imaging requirements set forth in its 
security program using the step wedge specified in American Society for 
Testing Materials (ASTM) Standard F792-88 (Reapproved 1993). This 
standard is incorporated by reference in paragraph (g) of this section.
    (b) Annual radiation survey. No foreign air carrier may use any X-
ray system unless, within the preceding 12 calendar months, a radiation 
survey is conducted that shows that the system meets the applicable 
performance standards in 21 CFR 1020.40.
    (c) Radiation survey after installation or moving. No foreign air 
carrier may use any X-ray system after the system has been installed at 
a screening point or after the system has been moved unless a radiation 
survey is conducted which shows that the system meets the applicable 
performance standards in 21 CFR 1020.40. A radiation survey is not 
required for an X-ray system that is designed and constructed as a 
mobile unit and the foreign air carrier shows that it can be moved 
without altering its performance.
    (d) Defect notice or modification order. No foreign air carrier may 
use any X-ray system that is not in full compliance with any defect 
notice or modification order issued for that system by the FDA, unless 
the FDA has advised TSA that the defect or failure to comply does not 
create a significant risk of injury, including genetic injury, to any 
person.

[[Page 8380]]

    (e) Signs and inspection of photographic equipment and film. (1) At 
locations at which a foreign air carrier uses an X-ray system to 
inspect accessible property the foreign air carrier must ensure that a 
sign is posted in a conspicuous place at the screening checkpoint.
    (2) At locations at which a foreign air carrier or TSA uses an X-
ray system to inspect checked baggage the foreign air carrier must 
ensure that a sign is posted in a conspicuous place where the foreign 
air carrier accepts checked baggage.
    (3) The signs required under this paragraph must notify individuals 
that such items are being inspected by an X-ray and advise them to 
remove all X-ray, scientific, and high-speed film from accessible 
property and checked baggage before inspection. This sign must also 
advise individuals that they may request that an inspection be made of 
their photographic equipment and film packages without exposure to an 
X-ray system. If the X-ray system exposes any accessible property or 
checked baggage to more than one milliroentgen during the inspection, 
the sign must advise individuals to remove film of all kinds from their 
articles before inspection.
    (4) If requested by individuals, their photographic equipment and 
film packages must be inspected without exposure to an X-ray system.
    (f) Radiation survey verification after installation or moving. 
Each foreign air carrier must maintain at least one copy of the results 
of the most recent radiation survey conducted under paragraph (b) or 
(c) of this section and must make it available for inspection upon 
request by TSA at each of the following locations--
    (1) The foreign air carrier's principal business office; and
    (2) The place where the X-ray system is in operation.
    (g) Incorporation by reference. The American Society for Testing 
and Materials (ASTM) Standard F792-88 (Reapproved 1993), ``Standard 
Practice for Design and Use of Ionizing Radiation Equipment for the 
Detection of Items Prohibited in Controlled Access Areas,'' is approved 
for incorporation by reference by the Director of the Federal Register 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. ASTM Standard F792-88 
may be examined at the Department of Transportation (DOT) Docket, 400 
Seventh Street SW, Room Plaza 401, Washington, DC 20590, or on DOT's 
Docket Management System (DMS) web page at http://dms.dot.gov/search 
(under docket number FAA-2001-8725). Copies of the standard may be 
examined also at the Office of the Federal Register, 800 North Capitol 
St., NW, Suite 700, Washington, DC. In addition, ASTM Standard F792-88 
(Reapproved 1993) may be obtained from the American Society for Testing 
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    (h) Each foreign air carrier must comply with the X-ray operator 
duty time limitations specified in its security program.


Sec. 1546.211  Law enforcement personnel.

    (a) At airports within the United States not governed by part 1542 
of this chapter, each foreign air carrier engaging in public charter 
passenger operations must--
    (1) When using a screening system required by Sec. 1546.101(a), 
(b), or (c), provide for law enforcement officers meeting the 
qualifications and standards, and in the number and manner, specified 
in part 1542; and
    (2) When using an airplane having a passenger seating configuration 
of 31 or more but 60 or fewer seats for which a screening system is not 
required by Sec. 1546.101(a), (b), or (c), arrange for law enforcement 
officers meeting the qualifications and standards specified in part 
1542 of this chapter to be available to respond to an incident and 
provide to appropriate employees, including crewmembers, current 
information with respect to procedures for obtaining law enforcement 
assistance at that airport.
    (b) At airports governed by part 1542 of this chapter, each foreign 
air carrier engaging in scheduled passenger operations or public 
charter passenger operations when using an airplane with a passenger 
seating configuration of 31 or more and 60 or fewer seats under 
Sec. 1546.101(c), must arrange for law enforcement personnel meeting 
the qualifications and standards specified in part 1542 of this chapter 
to be available to respond to an incident and provide to appropriate 
employees, including crewmembers, current information with respect to 
procedures for obtaining law enforcement assistance at that airport.

Subpart D--Threat and Threat Response


Sec. 1546.301  Bomb or air piracy threats.

    No foreign air carrier may land or take off an airplane in the 
United States, in passenger operations, after receiving a bomb or air 
piracy threat against that airplane, unless the following actions are 
taken:
    (a) If the airplane is on the ground when a bomb threat is received 
and the next scheduled flight of the threatened airplane is to or from 
a place in the United States, the foreign air carrier ensures that the 
pilot in command is advised to submit the airplane immediately for a 
security inspection and an inspection of the airplane is conducted 
before the next flight.
    (b) If the airplane is in flight to a place in the United States 
when a bomb threat is received, the foreign air carrier ensures that 
the pilot in command is advised immediately to take the emergency 
action necessary under the circumstances and a security inspection of 
the airplane is conducted immediately after the next landing.
    (c) If information is received of a bomb or air piracy threat 
against an airplane engaged in an operation specified in paragraph (a) 
or (b) of this section, the foreign air carrier ensures that 
notification of the threat is given to the appropriate authorities of 
the State in whose territory the airplane is located or, if in flight, 
the appropriate authorities of the State in whose territory the 
airplane is to land.

Subpart E--Screener Qualifications When the Foreign Air Carrier 
Conducts Screening


Sec. 1546.401  Applicability of this subpart.

    (a) Foreign air carrier screening. This subpart applies when the 
foreign air carrier is conducting inspections as provided in 
Sec. 1546.207(c).
    (b) Current screeners. As used in this subpart, ``current 
screener'' means each individual who first performed screening 
functions before the date the foreign air carrier must begin use of the 
new screener training program provided by TSA. Until November 19, 2002, 
each current screener must comply with Sec. 1546.403. Until November 
19, 2002, each foreign air carrier must apply Sec. 1546.403 for each 
current screener. On and after November 19, 2002, each current screener 
must comply with Secs. 1546.405 through 1546.411, and each foreign air 
carrier must comply with Secs. 1546.405 through 1546.411 for such 
individuals.
    (c) New screeners. As used in this subpart, ``new screener'' means 
each individual who first performs screening functions on and after TSA 
orders the foreign air carrier to begin use of the new screener 
training program provided by TSA. Each foreign air carrier must apply 
Secs. 1546.405 through 1546.411 for new screeners.


Sec. 1546.403  Current screeners.

    The foreign air carrier must ensure that each current screener it 
uses to perform screening functions meet the qualifications and 
training standards set forth in its security program. This

[[Page 8381]]

section is no longer effective on and after November 19, 2002.


Sec. 1546.405  New screeners: Qualifications of screening personnel.

    (a) No individual subject to this subpart may perform a screening 
function unless that individual has the qualifications described in 
Secs. 1546.405 through 1546.411. No foreign air carrier may use such an 
individual to perform a screening function unless that person complies 
with the requirements of Secs. 1546.405 through 1546.411.
    (b) A screener must have a satisfactory or better score on a 
screener selection test administered by TSA.
    (c) A screener must be a citizen of the United States.
    (d) A screener must have a high school diploma, a General 
Equivalency Diploma, or a combination of education and experience that 
TSA has determined to be sufficient for the individual to perform the 
duties of the position.
    (e) A screener must have basic aptitudes and physical abilities 
including color perception, visual and aural acuity, physical 
coordination, and motor skills to the following standards:
    (1) Screeners operating screening equipment must be able to 
distinguish on the screening equipment monitor the appropriate imaging 
standard specified in the foreign air carrier's security program.
    (2) Screeners operating any screening equipment must be able to 
distinguish each color displayed on every type of screening equipment 
and explain what each color signifies.
    (3) Screeners must be able to hear and respond to the spoken voice 
and to audible alarms generated by screening equipment at an active 
screening location.
    (4) Screeners who perform physical searches or other related 
operations must be able to efficiently and thoroughly manipulate and 
handle such baggage, containers, cargo, and other objects subject to 
screening.
    (5) Screeners who perform pat-downs or hand-held metal detector 
searches of individuals must have sufficient dexterity and capability 
to thoroughly conduct those procedures over an individual's entire 
body.
    (f) A screener must have the ability to read, speak, and write 
English well enough to--
    (1) Carry out written and oral instructions regarding the proper 
performance of screening duties;
    (2) Read English language identification media, credentials, 
airline tickets, documents, air waybills, invoices, and labels on items 
normally encountered in the screening process;
    (3) Provide direction to and understand and answer questions from 
English-speaking individuals undergoing screening; and
    (4) Write incident reports and statements and log entries into 
security records in the English language.
    (g) At locations outside the United States that are the last point 
of departure to the United States, and where the foreign air carrier 
has operational control over a screening function, the foreign air 
carrier may use screeners who do not meet the requirements of paragraph 
(f) of this section. At such locations the foreign air carrier may use 
screeners who are not United States citizens.


Sec. 1546.407  New screeners: Training, testing, and knowledge of 
individuals who perform screening functions.

    (a) Training required. Before performing screening functions, an 
individual must have completed initial, recurrent, and appropriate 
specialized training as specified in this section and the foreign air 
carrier's security program. No foreign air carrier may use any 
screener, screener in charge, or checkpoint security supervisor unless 
that individual has satisfactorily completed the required training. 
This paragraph does not prohibit the performance of screening functions 
during on-the-job training as provided in Sec. 1544.409(b).
    (b) Use of training programs. Training for screeners must be 
conducted under programs provided by TSA. Training programs for 
screeners-in-charge and checkpoint security supervisors must be 
conducted in accordance with the foreign air carrier's security 
program.
    (c) Classroom instruction. Each screener must complete at least 40 
hours of classroom instruction or successfully complete a program that 
TSA determines will train individuals to a level of proficiency 
equivalent to the level that would be achieved by such classroom 
instruction.
    (d) Screener readiness test. Before beginning on-the-job training, 
a screener trainee must pass the screener readiness test prescribed by 
TSA.
    (e) On-the-job training and testing. Each screener must complete at 
least 60 hours of on-the-job training and must pass an on-the-job 
training test prescribed by TSA. No foreign air carrier may permit a 
screener trainee to exercise independent judgment as a screener, until 
the individual passes an on-the-job training test prescribed by TSA.
    (f) Knowledge requirements. Each foreign air carrier must ensure 
that individuals performing as screeners, screeners-in-charge, and 
checkpoint security supervisors for the foreign air carrier have 
knowledge of the provisions of this part, the foreign air carrier's 
security program, and applicable emergency amendments to the foreign 
air carrier's security program to the extent necessary to perform their 
duties.


Sec. 1546.409  New screeners: Integrity of screener tests.

    (a) Cheating or other unauthorized conduct. (1) Except as 
authorized by TSA, no person may--
    (i) Copy or intentionally remove a test under this part;
    (ii) Give to another or receive from another any part or copy of 
that test;
    (iii) Give help on that test to or receive help on that test from 
any person during the period that the test is being given; or
    (iv) Use any material or aid during the period that the test is 
being given.
    (2) No person may take any part of that test on behalf of another 
person.
    (3) No person may cause, assist, or participate intentionally in 
any act prohibited by this paragraph (a).
    (b) Administering and monitoring screener tests. (1) Each foreign 
air carrier must notify TSA of the time and location at which it will 
administer each screener readiness test required under Sec. 1544.405 
(d).
    (2) Either TSA or the foreign air carrier must administer and 
monitor the screener readiness test. Where more than one foreign air 
carrier or foreign air carrier uses a screening location, TSA may 
authorize an employee of one or more of the foreign air carriers or 
foreign air carriers to monitor the test for a trainee who will screen 
at that location.
    (3) If TSA or a representative of TSA is not available to 
administer and monitor a screener readiness test, the foreign air 
carrier must provide a direct employee to administer and monitor the 
screener readiness test.
    (4) An foreign air carrier employee who administers and monitors a 
screener readiness test must not be an instructor, screener, screener-
in-charge, checkpoint security supervisor, or other screening 
supervisor. The employee must be familiar with the procedures for 
administering and monitoring the test and must be capable of observing 
whether the trainee or others are engaging in cheating or other 
unauthorized conduct.


Sec. 1546.411  New screeners: Continuing qualifications for screening 
personnel.

    (a) Impairment. No individual may perform a screening function if 
he or she shows evidence of impairment, such as

[[Page 8382]]

impairment due to illegal drugs, sleep deprivation, medication, or 
alcohol.
    (b) Training not complete. An individual who has not completed the 
training required by Sec. 1546.405 may be deployed during the on-the-
job portion of training to perform security functions provided that the 
individual--
    (1) Is closely supervised; and
    (2) Does not make independent judgments as to whether individuals 
or property may enter a sterile area or aircraft without further 
inspection.
    (c) Failure of operational test. No foreign air carrier may use an 
individual to perform a screening function after that individual has 
failed an operational test related to that function, until that 
individual has successfully completed the remedial training specified 
in the foreign air carrier's security program.
    (d) Annual proficiency review. Each individual assigned screening 
duties shall receive an annual evaluation. The foreign air carrier must 
conduct and document an annual evaluation of each individual who 
performs screening functions. An individual who performs screening 
functions may not continue to perform such functions unless the 
evaluation demonstrates that the individual--
    (1) Continues to meet all qualifications and standards required to 
perform a screening function;
    (2) Has a satisfactory record of performance and attention to duty 
based on the standards and requirements in the foreign air carrier's 
security program; and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.
    8. Add new part 1548 to Chapter XII, subchapter C.

PART 1548--INDIRECT AIR CARRIER SECURITY

Sec.
1548.1   Applicability of this part.
1548.3   TSA inspection authority.
1548.5   Adoption and implementation of the security program.
1548.7   Approval and amendments of the security program.
1548.9   Acceptance of cargo.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44905, 44913-44914, 
44916-44917, 44932, 44935-44936, 46105.


Sec. 1548.1  Applicability of this part.

    This part prescribes aviation security rules governing each 
indirect air carrier engaged indirectly in the air transportation of 
property on passenger aircraft.


Sec. 1548.3  TSA inspection authority.

    (a) Each indirect air carrier must allow TSA, at any time or place, 
to make any inspections or tests, including copying records, to 
determine compliance of an airport operator, aircraft operator, foreign 
air carrier, indirect air carrier, or airport tenant with--
    (1) This subchapter, and any security program approved under this 
subchapter, and part 1520 of this chapter; and
    (2) 49 U.S.C. Subtitle VII, as amended.
    (b) At the request of TSA, each indirect air carrier must provide 
evidence of compliance with this subchapter and its indirect air 
carrier security program, including copies of records.


Sec. 1548.5  Adoption and implementation of the security program.

    (a) Security program required. Each indirect air carrier must adopt 
and carry out a security program that meets the requirements of this 
section.
    (b) General requirements. The security program must:
    (1) Provide for the safety of persons and property traveling in air 
transportation against acts of criminal violence and air piracy and the 
introduction of any unauthorized explosive or incendiary into cargo 
aboard a passenger aircraft.
    (2) Be in writing and signed by the indirect air carrier.
    (3) Be approved by TSA.
    (c) Content. Each security program under this part must--
    (1) Be designed to prevent or deter the unauthorized introduction 
of any explosive or incendiary device into any package cargo intended 
for carriage by air;
    (2) Include the procedures and description of the facilities and 
equipment used to comply with the requirements of Sec. 1548.9 regarding 
the acceptance of cargo.
    (d) Availability. Each indirect air carrier having a security 
program must:
    (1) Maintain an original of the security program at its corporate 
office.
    (2) Have accessible a complete copy, or the pertinent portions of 
its security program, or appropriate implementing instructions, at each 
office where cargo is accepted. An electronic version is adequate.
    (3) Make a copy of the security program available for inspection 
upon the request of TSA.
    (4) Restrict the distribution, disclosure, and availability of 
information contained in its security program to persons with a need to 
know, as described in part 1520 of this chapter.
    (5) Refer requests for such information by other persons to TSA.


Sec. 1548.7  Approval and amendments of the security program.

    (a) Initial approval of security program. Unless otherwise 
authorized by TSA, each indirect air carrier required to have a 
security program under this part must submit its proposed security 
program to the designated official for approval at least 90 calendar 
days before the date of intended operations. The proposed security 
program must meet the requirements applicable to its operation as 
described in Sec. 1540.5. Such request will be processed as follows:
    (1) The designated official, within 30 calendar days after 
receiving the proposed indirect air carrier security program, will 
either approve the program or give the indirect air carrier written 
notice to modify the program to comply with the applicable requirements 
of this part.
    (2) The indirect air carrier may either submit a modified security 
program to the designated official for approval, or petition the Under 
Secretary to reconsider the notice to modify within 30 calendar days of 
receiving a notice to modify. A petition for reconsideration must be 
filed with the designated official.
    (3) The designated official, upon receipt of a petition for 
reconsideration, either amends or withdraws the notice, or transmits 
the petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 calendar days of receipt by either directing the 
designated official to withdraw or amend the notice to modify, or by 
affirming the notice to modify.
    (b) Amendment requested by an indirect air carrier. An indirect air 
carrier may submit a request to the designated official to amend its 
security program as follows:
    (1) The request for amendment must be filed with the designated 
official at least 45 calendar days before the date it proposes for the 
amendment to become effective, unless a shorter period is allowed by 
the designated official.
    (2) Within 30 calendar days after receiving a proposed amendment, 
the designated official, in writing, either approves or denies the 
request to amend.
    (3) An amendment to an indirect air carrier security program may be 
approved if the designated official determines that safety and the 
public interest will allow it, and if the

[[Page 8383]]

proposed amendment provides the level of security required under this 
part.
    (4) Within 30 calendar days after receiving a denial, the indirect 
air carrier may petition the Under Secretary to reconsider the denial. 
A petition for reconsideration must be filed with the designated 
official.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the 
petition, together with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary will dispose of the 
petition within 30 calendar days of receipt by either directing the 
designated official to approve the amendment or by affirming the 
denial.
    (c) Amendment by TSA. If safety and the public interest require an 
amendment, the designated official may amend a security program as 
follows:
    (1) The designated official notifies the indirect air carrier, in 
writing, of the proposed amendment, fixing a period of not less than 30 
calendar days within which the indirect air carrier may submit written 
information, views, and arguments on the amendment.
    (2) After considering all relevant material, the designated 
official notifies the indirect air carrier of any amendment adopted or 
rescinds the notice. If the amendment is adopted, it becomes effective 
not less than 30 calendar days after the indirect air carrier receives 
the notice of amendment, unless the indirect air carrier petitions the 
Under Secretary to reconsider no later than 15 calendar days before the 
effective date of the amendment. The indirect air carrier must send the 
petition for reconsideration to the designated official. A timely 
petition for reconsideration stays the effective date of the amendment.
    (3) Upon receipt of a petition for reconsideration, the designated 
official either amends or withdraws the notice or transmits the 
petition together, with any pertinent information, to the Under 
Secretary for reconsideration. The Under Secretary disposes of the 
petition within 30 calendar days of receipt by either directing the 
designated official to withdraw or amend the notice or by affirming the 
amendment.
    (d) Emergency amendments. If the designated official finds that 
there is an emergency requiring immediate action with respect to safety 
in air transportation or in air commerce that makes procedures in this 
section contrary to the public interest, the designated official may 
issue an amendment, without the prior notice and comment procedures in 
paragraph (c) of this section, effective without stay on the date that 
the indirect air carrier receives notice of it. In such a case, the 
designated official will incorporate in the notice a brief statement of 
the reasons and findings for the amendment to be adopted. The indirect 
air carrier may file a petition for reconsideration under paragraph (c) 
of this section; however, this will not stay the effective date of the 
emergency amendment.


Sec. 1548.9  Acceptance of cargo.

    (a) Preventing or deterring the carriage of any explosive or 
incendiary. Each indirect air carrier must use the facilities, 
equipment, and procedures described in its security program to prevent 
or deter the carriage of any unauthorized explosive or incendiary on 
board a passenger aircraft in cargo.
    (b) Refusal to transport. Each indirect air carrier must refuse to 
offer for transport on a passenger aircraft any cargo if the shipper 
does not consent to a search or inspection of that cargo in accordance 
with this part, and part 1544 or 1546 of this chapter. The indirect air 
carrier must search or inspect cargo, and must request the shipper for 
consent to search or inspect cargo, as provided in the indirect air 
carrier's security program.

    9. Add new part 1550 to Chapter XII, subchapter C.

PART 1550--AIRCRAFT SECURITY UNDER GENERAL OPERATING AND FLIGHT 
RULES

Sec.
1550.1   Applicability of this part.
1550.3   TSA inspection authority.
1550.5   Operations using a sterile area.
1550.7   Operations in aircraft of 12,500 pounds or more.

    Authority: 49 U.S.C. 114, 5103, 40119, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.


Sec. 1550.1  Applicability of this part.

    This part applies to the operation of aircraft for which there are 
no security requirements in other parts of this subchapter.


Sec. 1550.3  TSA inspection authority.

    (a) Each aircraft operator subject to this part must allow TSA, at 
any time or place, to make any inspections or tests, including copying 
records, to determine compliance with--
    (1) This subchapter and any security program or security procedures 
under this subchapter, and part 1520 of this chapter; and
    (2) 49 U.S.C. Subtitle VII, as amended.
    (b) At the request of TSA, each aircraft operator must provide 
evidence of compliance with this part and its security program or 
security procedures, including copies of records.


Sec. 1550.5  Operations using a sterile area.

    (a) Applicability of this section. This section applies to all 
aircraft operations in which passengers, crewmembers, or other 
individuals are enplaned from or deplaned into a sterile area, except 
for scheduled passenger operations, public charter passenger 
operations, and private charter passenger operations, that are in 
accordance with a security program issued under part 1544 or 1546 of 
this chapter.
    (b) Procedures. Any person conducting an operation identified in 
paragraph (a) of this section must conduct a search of the aircraft 
before departure and must screen passengers, crewmembers, and other 
individuals and their accessible property (carry-on items) before 
boarding in accordance with security procedures approved by TSA.
    (c) Sensitive security information. The security program procedures 
approved by TSA for operations specified in paragraph (a) of this 
section are sensitive security information. The operator must restrict 
the distribution, disclosure, and availability of information contained 
in the security procedures to persons with a need to know as described 
in part 1520 of this chapter.
    (d) Compliance date. Persons conducting operations identified in 
paragraph (a) of this section must implement security procedures on 
October 6, 2001.
    (e) Waivers. TSA may permit a person conducting an operation under 
this section to deviate from the provisions of this section if TSA 
finds that the operation can be conducted safely under the terms of the 
waiver.


Sec. 1550.7  Operations in aircraft of 12,500 pounds or more.

    (a) Applicability of this section. This section applies to each 
aircraft operation conducted in an aircraft with a maximum certificated 
takeoff weight of 12,500 pounds or more except for those operations 
specified in Sec. 1550.5 and those operations conducted under a 
security program under part 1544 or 1546 of this chapter.
    (b) Procedures. Any person conducting an operation identified in 
paragraph (a) of this section must conduct a search of the aircraft 
before departure and screen passengers, crewmembers, and other persons 
and their accessible property (carry-on items) before boarding in 
accordance with security procedures approved by TSA.

[[Page 8384]]

    (c) Compliance date. Persons identified in paragraph (a) of this 
section must implement security procedures when notified by TSA. TSA 
will notify operators by NOTAM, letter, or other communication when 
they must implement security procedures.
    (d) Waivers. TSA may permit a person conducting an operation 
identified in this section to deviate from the provisions of this 
section if TSA finds that the operation can be conducted safely under 
the terms of the waiver.

    Issued in Washington, DC, on February 14, 2002.
John W. Magaw,
Under Secretary of Transportation for Security.
[FR Doc. 02-4081 Filed 2-15-02; 12:14 pm]
BILLING CODE 4910-62-P