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XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND
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1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS>
PART 1544—AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS

49 C.F.R. PART 1544—AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS
Title 49 - Transportation

Title 49:
Transportation

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OPERATORS

Section Contents

Subpart
A—General
§ 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.
§ 1544.202   XXX
§ 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.
§ 1544.228   XXX
§ 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.
§ 1544.230   Fingerprint-based
criminal history records checks (CHRC): Flightcrew members.
§ 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.
§ 1544.237   Flight
deck privileges.
§ 1544.239   XXX

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, 40113,
44901–44905, 44907, 44913–44914, 44916–44918, 44932, 44935–44936, 44942,
46105.

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

Subpart A—General

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§ 1544.1   Applicability of this part.

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

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

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

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

(b) As used in this part, “aircraft operator” means an aircraft operator
subject to this part as described in §1544.101.

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

§ 1544.3   TSA inspection authority.

top

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

(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

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§ 1544.101   Adoption and implementation.

top

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

(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 §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 in
§1544.103 (c):

(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301, 1544.303, and 1544.305.

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

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

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

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

(2) Is in scheduled or charter service;

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

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

(e) Twelve-five program-contents: For each operation described in
paragraph (d) 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 §1544.103 (c):

(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301(a) and (b), 1544.303, and 1544.305.

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

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

(f) Private charter program. In addition to paragraph (d) of this
section, if applicable, each aircraft operator must carry out §§1544.201,
1544.207, 1544.209, 1544.211, 1544.215, 1544.217, 1544.219, 1544.225, 1544.229,
1544.230, 1544.233, 1544.235, 1544.303, and 1544.305, and subpart E of this part
and—

(1) Must adopt and carry out a security program that meets the applicable
requirements of §1544.103 for each private charter passenger operation in
which—

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

(ii) The aircraft has a maximum certificated takeoff weight greater than
45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or
more, and is not a government charter under paragraph (2) of the definition of
private charter in §1540.5 of this chapter.

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

(g) Limited program: In addition to paragraph (d) of this section, if
applicable, 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), (d), or (f) of this section. The aircraft
operator must—

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

(2) Carry out the provisions of §1544.305, as specified in its security
program; and

(3) Adopt and carry out a security program that meets the applicable
requirements of §1544.103 (c).

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

§ 1544.103   Form, content, and availability.

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(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 §1544.101, the following:

(1) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.201 regarding the acceptance and screening
of individuals and their accessible property, including, if applicable, the
carriage weapons as part of State-required emergency equipment.

(2) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.203 regarding the acceptance and screening
of checked baggage.

(3) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.205 regarding the acceptance and screening
of cargo.

(4) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.207 regarding the screening of individuals
and property.

(5) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.209 regarding the use of metal detection
devices.

(6) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.211 regarding the use of x-ray
systems.

(7) The procedures and description of the facilities and equipment used to
comply with the requirements of §1544.213 regarding the use of explosives
detection systems.

(8) The procedures used to comply with the requirements of §1544.215
regarding the responsibilities of security coordinators. The names of the
Aircraft Operator Security Coordinator (AOSC) and any alternate, and the means
for contacting the AOSC(s) on a 24-hour basis, as provided in §1544.215.

(9) The procedures used to comply with the requirements of §1544.217
regarding the requirements for law enforcement personnel.

(10) The procedures used to comply with the requirements of §1544.219
regarding carriage of accessible weapons.

(11) The procedures used to comply with the requirements of §1544.221
regarding carriage of prisoners under the control of armed law enforcement
officers.

(12) The procedures used to comply with the requirements of §1544.223
regarding transportation of Federal Air Marshals.

(13) The procedures and description of the facilities and equipment used to
perform the aircraft and facilities control function specified in §1544.225.

(14) The specific locations where the air carrier has entered into an
exclusive area agreement under §1544.227.

(15) The procedures used to comply with the applicable requirements of
§§1544.229 and 1544.230 regarding fingerprint-based criminal history records
checks.

(16) The procedures used to comply with the requirements of §1544.231
regarding personnel identification systems.

(17) The procedures and syllabi used to accomplish the training required
under §1544.233.

(18) The procedures and syllabi used to accomplish the training required
under §1544.235.

(19) An aviation security contingency plan as specified under §1544.301.

(20) The procedures used to comply with the requirements of §1544.303
regarding bomb and air piracy threats.

(21) The procedures used to comply with §1544.237 regarding flight deck
privileges.

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

§ 1544.105   Approval and amendments.

top

(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 §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 Administrator to
reconsider the notice to modify within 30 days of receiving a notice to modify.
A petition for reconsideration must be filed with the designated official.

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

(b) 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 Administrator to reconsider the denial. A petition for
reconsideration must be filed with the designated official.

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

(6) Any aircraft operator may submit a group proposal for an amendment 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 Administrator to reconsider no later than 15 days before the
effective date of the amendment. The aircraft operator must send the petition
for reconsideration to the designated official. A timely petition for
reconsideration stays the effective date of the amendment.

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

(d) 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.

Subpart C—Operations

top

§ 1544.201   Acceptance and screening of individuals and
accessible property.

top

(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
§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 §§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.

§ 1544.202   XXX

top

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

§ 1544.203   Acceptance and screening of checked
baggage.

top

(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 §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.

§ 1544.205   Acceptance and screening of
cargo.

top

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

(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 §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.

§ 1544.207   Screening of individuals and
property.

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(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.

§ 1544.209   Use of metal detection devices.

top

(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.

§ 1544.211   Use of X-ray systems.

top

(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 National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
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.

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

§ 1544.213   Use of explosives detection
systems.

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(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.

§ 1544.215   Security coordinators.

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(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 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.

§ 1544.217   Law enforcement personnel.

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

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

(1) For operations described in §1544.101(a) each aircraft operator must
provide for law enforcement personnel meeting the qualifications and standards
specified in §§1542.215 and 1542.217 of this chapter.

(2) For operations described in §1544.101(b) or (c) each aircraft operator
must—

(i) Arrange for law enforcement personnel meeting the qualifications and
standards specified in §1542.217 of this chapter to be available to respond to
an incident; and

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

(b) The following applies to operations at airports required to hold security
programs under part 1542 of this chapter. For operations described in
§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
§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.

§ 1544.219   Carriage of accessible weapons.

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(a) Flights for which screening is conducted. The provisions of
§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 §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 §1544.221, or an armed LEO on a
round trip ticket returning from escorting, or traveling to pick up, a
prisoner.

(vi) TSA Federal Air Marshal on duty status.

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

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

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

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

(iv) If the armed LEO is an escort for a foreign official then this paragraph
(a)(3) may be satisfied by a State Department notification.

(4) The aircraft operator must do the following:

(i) Obtain information or documentation required in paragraphs (a)(3)(ii),
(iii), and (iv) of this section.

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

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

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

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

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

(b) Flights for which screening is not conducted. The provisions of
§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.

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

top

(a) This section applies as follows:

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

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

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

(b) For the purpose of this section:

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

(2) “Low risk prisoner” means any prisoner who has not been designated as
“high risk.”

(c) No aircraft operator may carry a prisoner in the custody of an armed law
enforcement officer aboard an aircraft for which screening is required unless,
in addition to the requirements in §1544.219, the following requirements are
met:

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

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

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

(1) A minimum of one armed law enforcement officer must control a low risk
prisoner on a flight that is scheduled for 4 hours or less. One armed law
enforcement officer may control no more than two low risk prisoners.

(2) A minimum of two armed law enforcement officers must control a low risk
prisoner on a flight that is scheduled for more than 4 hours. Two armed law
enforcement officers may control no more than two low risk prisoners.

(3) For high-risk prisoners:

(i) For one high-risk prisoner on a flight: A minimum of two armed law
enforcement officers must control a high risk prisoner. No other prisoners may
be under the control of those two armed law enforcement officers.

(ii) If TSA has authorized more than one high-risk prisoner to be on the
flight under paragraph (c)(2) of this section, a minimum of one armed law
enforcement officer for each prisoner and one additional armed law enforcement
officer must control the prisoners. No other prisoners may be under the control
of those armed law enforcement officers.

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

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

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

(ii) Whether or not the prisoner is considered to be a high risk or a low
risk.

(2) Must arrive at the check-in counter at least 1 hour before to the
scheduled departure.

(3) Must assure the aircraft operator, before departure, that each prisoner
under the control of the officer(s) has been searched and does not have on or
about his or her person or property anything that can be used as a weapon.

(4) Must be seated between the prisoner and any aisle.

(5) Must accompany the prisoner at all times, and keep the prisoner under
control while aboard the aircraft.

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

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

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

(g) Each armed law enforcement officer escorting a prisoner and each aircraft
operator must ensure that the prisoner is restrained from full use of his or her
hands by an appropriate device that provides for minimum movement of the
prisoner's hands, and must ensure that leg irons are not used.

(h) No aircraft operator may provide a prisoner under the control of a law
enforcement officer—

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

(2) With any alcoholic beverage.

§ 1544.223   Transportation of Federal Air
Marshals.

top

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

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

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

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

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

(f) The requirements of §1544.219(a) do not apply for a Federal Air Marshal
on duty status.

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

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

§ 1544.225   Security of aircraft and
facilities.

top

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

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 §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.

§ 1544.227   Exclusive area agreement.

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(a) An aircraft operator that has entered into an exclusive area agreement
with an airport operator, under §1542.111 of this chapter must carry out that
exclusive area agreement.

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

(c) The aircraft operator must provide the exclusive area agreement to TSA
upon request.

(d) Any exclusive area agreements in effect on November 14, 2001, must meet
the requirements of this section and §1542.111 of this chapter no later than
November 14, 2002.

§ 1544.228   XXX

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

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

§ 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.

top

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

(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 §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 §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 §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
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
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 §1542.209(n)
of this chapter. The aircraft operator may not make determinations for
individuals described in §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 §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
§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—

(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.

§ 1544.230   Fingerprint-based criminal history records
checks (CHRC): Flightcrew members.

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(a) Scope. This section applies to each flightcrew member for each
aircraft operator, except that this section does not apply to flightcrew members
who are subject to §1544.229.

(b) CHRC required. Each aircraft operator must ensure that each
flightcrew member has undergone a fingerprint-based CHRC that does not disclose
that he or she has a disqualifying criminal offense, as described in
§1544.229(d), before allowing that individual to serve as a flightcrew
member.

(c) Application and fees. Each aircraft operator must ensure that each
flightcrew member's fingerprints are obtained and submitted as described in
§1544.229 (e) and (f).

(d) Determination of arrest status. (1) When a CHRC on an individual
described in paragraph (a) of this section discloses an arrest for any
disqualifying criminal offense listed in §1544.229(d) without indicating a
disposition, the aircraft operator must determine, after investigation, that the
arrest did not result in a disqualifying offense before the individual may serve
as a flightcrew member. If there is no disposition, or if the disposition did
not result in a conviction or in a finding of not guilty by reason of insanity
of one of the offenses listed in §1544.229(d), the flight crewmember is not
disqualified under this section.

(2) When a CHRC on an individual described in paragraph (a) of this section
discloses an arrest for any disqualifying criminal offense listed in
§1544.229(d) without indicating a disposition, the aircraft operator must
suspend the individual's flightcrew member privileges not later than 45 days
after obtaining a CHRC, unless the aircraft operator determines, after
investigation, that the arrest did not result in a disqualifying criminal
offense. If there is no disposition, or if the disposition did not result in a
conviction or in a finding of not guilty by reason of insanity of one of the
offenses listed in §1544.229(d), the flight crewmember is not disqualified under
this section.

(3) The aircraft operator may only make the determinations required in
paragraphs (d)(1) and (d)(2) of this section for individuals whom it is using,
or will use, as a flightcrew member. The aircraft operator may not make
determinations for individuals described in §1542.209(a) of this chapter.

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

(2) The aircraft operator must notify the individual that a final decision
has been made to allow or deny the individual flightcrew member status.

(3) Immediately following the denial of flightcrew member status, the
aircraft operator must advise the individual that the FBI criminal record
discloses information that disqualifies him or her from retaining his or her
flightcrew member status, and provide the individual with a copy of the FBI
record if he or she requests it.

(f) 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) 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 allowing the
individual to serve as a flightcrew member.

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

(g) Limits on the dissemination of results. Criminal record
information provided by the FBI may be used only to carry out this section. 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) Others designated by TSA.

(h) Recordkeeping—(1) Fingerprint application process. 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.

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

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

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

(2) If information becomes available to the aircraft operator indicating that
a flightcrew member identified in paragraph (a) of this section has a possible
conviction for any disqualifying criminal offense in §1544.229 (d), the aircraft
operator must determine the status of the conviction. If a disqualifying
criminal offense is confirmed, the aircraft operator may not assign that
individual to flightcrew duties in operations identified in paragraph (a).

(j) Aircraft operator responsibility. The aircraft operator must—(1)
Designate a direct employee to maintain, control, and, as appropriate, destroy
criminal records.

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

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

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

[67 FR 8209, Feb. 22, 2002]

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

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(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 §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.

§ 1544.233   Security coordinators and crewmembers,
training.

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(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.

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

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(a) No aircraft operator may use any direct or contractor employee to perform
any security-related duties to meet the requirements of its security program
unless that individual has received training as specified in its security
program including their individual responsibilities in §1540.105 of this
chapter.

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

§ 1544.237   Flight deck privileges.

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

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

[67 FR 8210, Feb. 22, 2002]

§ 1544.239   XXX

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

Subpart D—Threat and Threat Response

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§ 1544.301   Contingency plan.

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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.

§ 1544.303   Bomb or air piracy threats.

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(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 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.

§ 1544.305   Security Directives and Information
Circulars.

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(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

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§ 1544.401   Applicability of this subpart.

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(a) Aircraft operator screening. This subpart applies when the
aircraft operator is conducting inspections as provided in §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
§1544.403. Until November 19, 2002, each aircraft operator must apply §1544.403
for each current screener. On and after November 19, 2002, each such current
screener must comply with §§1544.405 through 1544.411, and each aircraft
operator must comply with §§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 §§1544.405 through 1544.411 for
individuals who first perform screening functions for new screeners.

§ 1544.403   Current screeners.

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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 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.

§ 1544.405   New screeners: Qualifications of screening
personnel.

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(a) No individual subject to this subpart may perform a screening function
unless that individual has the qualifications described in §§1544.405 through
1544.411. No aircraft operator may use such an individual to perform a screening
function unless that person complies with the requirements of §§1544.405 through
1544.411.

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

(c) A screener must be a citizen of the United States.

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

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

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

(2) Screeners operating any screening equipment must be able to distinguish
each color displayed on every type of 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.

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

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(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
§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.

(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 §1544.229,
and the individual has no disqualifying criminal offense.

§ 1544.409   New screeners: Integrity of screener
tests.

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(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 §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.

§ 1544.411   New screeners: Continuing qualifications
for screening personnel.

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(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 §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.

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