49 Cfr 1560

jstallworth on DSK7TPTVN1PROD with CFR

§ 1554.203

49 CFR Ch. XII (10–1–15 Edition)

§ 1554.203 Immediate risk to security;
revocation of certificate and review
process.
(a) Notice. The TSA designated official will determine whether any repair
station poses an immediate risk to security. If such a determination is
made, TSA will provide written notification of its determination to the repair station and to the FAA that the
certificate must be revoked. The notification will include an explanation of
the basis for the revocation. TSA does
not include classified information or
other
information
described
in
§ 1554.205.
(b) Petition for reconsideration. The repair station may petition TSA to reconsider its determination by serving a
petition for reconsideration no later
than 20 calendar days after the repair
station receives the notification. The
repair station must serve the petition
on the TSA designated official. Submission of a petition for reconsideration will not automatically stay the
revocation. The repair station may request TSA to notify FAA to stay the
revocation pending review of and decision on the petition. The petition must
be in writing, in English, signed by the
repair station operator or owner, and
include—
(1) A statement that a review is requested; and
(2) A response to the determination
of immediate risk to security, including any information TSA should consider in reviewing the basis for the determination.
(c) Review by the Administrator. The
TSA designated official transmits the
petition together with all relevant information to the Administrator for reconsideration. The Administrator will
act on the petition within 15 calendar
days of receipt by either directing the
TSA designated official to notify FAA
and the repair station that the determination is rescinded and the certificate may be reinstated or by affirming
the determination. The decision by the
Administrator constitutes a final agency order subject to judicial review in
accordance with 49 U.S.C. 46110.
(d) Service of documents. Service may
be accomplished by personal delivery,
certified mail, or express courier. Documents served on a repair station will

be served at its official place of business. Documents served on TSA must
be served at the address contained in
the written notice of revocation.
(1) A certificate of service may be attached to a document tendered for filing. A certificate of service must consist of a statement, dated and signed
by the person filing the document, that
the document was personally delivered,
served by certified mail on a specific
date, or served by express courier on a
specific date.
(2) The date of service is—
(i) The date of personal delivery;
(ii) If served by certified mail, the
mailing date shown on the certificate
of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by
other evidence if there is no certificate
of service or postmark; or
(iii) If served by express courier, the
service date shown on the certificate of
service, or by other evidence if there is
no certificate of service.
(e) Extension of time. TSA may grant
an extension of time to the limits set
forth in this section for good cause
shown. A repair station must request
an extension of time in writing, and
TSA must receive it at least two days
before the due date in order to be considered. TSA may grant itself an extension of time for good cause.
§ 1554.205 Nondisclosure of certain information.
In connection with the procedures
under this subpart, TSA does not disclose classified information, as defined
in Executive Order 12968, section 1.1(d),
or any successor order, and TSA reserves the right not to disclose any
other information or material not warranting disclosure or protected from
disclosure under law or regulation.

PART 1560—SECURE FLIGHT
PROGRAM
Subpart A—General
Sec.
1560.1

Scope, purpose, and implementation.

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Transportation Security Administration, DHS
1560.3

Terms used in this part.

Subpart B—Collection and Transmission of
Secure Flight Passenger Data for
Watch List Matching
1560.101 Request for and transmission of information to TSA.
1560.103 Privacy notice.
1560.105 Denial of transport or sterile area
access; designation for enhanced screening.
1560.107 Use of watch list matching results
by covered aircraft operators.
1560.109 Aircraft Operator Implementation
Plan.
1560.111 Covered airport operators.

Subpart C—Passenger Redress
1560.201
1560.203
1560.205
1560.207

Applicability.
Representation by counsel.
Redress process.
Oversight of process.

AUTHORITY: 49 U.S.C. 114, 40113, 44901, 44902,
44903.
SOURCE: 73 FR 64061, Oct. 28, 2008, unless
otherwise noted.

jstallworth on DSK7TPTVN1PROD with CFR

Subpart A—General
§ 1560.1 Scope, purpose, and implementation.
(a) Scope. This part applies to the following:
(1) Aircraft operators required to
adopt a full program under 49 CFR
1544.101(a).
(2) Foreign air carriers required to
adopt a security program under 49 CFR
1546.101(a) or (b).
(3) Airport operators that seek to authorize individuals to enter a sterile
area for purposes approved by TSA.
(4) Individuals who seek redress in
accordance with subpart C of this part.
(b) Purpose. The purpose of this part
is to enhance the security of air travel
within the United States and support
the Federal government’s counterterrorism efforts by assisting in the detection of individuals identified on Federal government watch lists who seek
to travel by air, and to facilitate the
secure travel of the public. This part
enables TSA to operate a watch list
matching program known as Secure
Flight, which involves the comparison
of passenger and non-traveler information with the identifying information
of individuals on Federal government
watch lists.

§ 1560.3

(c) Implementation. Each covered aircraft operator must begin requesting
the
information
described
in
§ 1560.101(a)(1) and have the capability
to transmit SFPD to TSA in accordance with its Aircraft Operator Implementation Plan (AOIP) as approved by
TSA. Each covered aircraft operator
must begin transmitting information
to TSA as required in § 1560.101(b) on
the date specified in, and in accordance
with, its AOIP as approved by TSA.
TSA will inform each covered aircraft
operator 60 days prior to the date on
which TSA will assume the watch list
matching function from that aircraft
operator.
§ 1560.3 Terms used in this part.
In addition to the terms in §§ 1500.3
and 1540.5 of this chapter, the following
terms apply to this part:
Aircraft Operator Implementation Plan
or AOIP means a written procedure describing how and when a covered aircraft operator or airport operator
transmits passenger and flight information and non-traveler information
to TSA, as well as other related matters.
Airport code means the official code,
designated by the International Air
Transport Association (IATA), for an
airport.
Consolidated User Guide means a document developed by the Department of
Homeland Security (DHS) to provide
guidance to aircraft operators that
must transmit passenger information
to one or more components of DHS on
operational processing and transmission of passenger information to all
required components in a unified manner. The Consolidated User Guide is
part of the covered aircraft operator’s
security program.
Covered aircraft operator means each
aircraft operator required to carry out
a full program under 49 CFR 1544.101(a)
or a security program under 49 CFR
1546.101(a) or (b).
Covered airport operator means each
airport operator that seeks to authorize non-traveling individuals to enter a
sterile area for a purpose permitted by
TSA.
Covered flight means any operation of
an aircraft that is subject to or operates under a full program under 49 CFR

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§ 1560.3

49 CFR Ch. XII (10–1–15 Edition)

1544.101(a). Covered flight also means
any operation of an aircraft that is
subject to or operates under a security
program under 49 CFR 1546.101(a) or (b)
arriving in or departing from the
United States, or overflying the continental United States. Covered flight
does not include any flight for which
TSA has determined that the Federal
government is conducting passenger
matching comparable to the matching
conducted pursuant to this part.
Date of birth means the day, month,
and year of an individual’s birth.
Department of Homeland Security Traveler Redress Inquiry Program or DHS
TRIP means the voluntary program
through which individuals may request
redress if they believe they have been:
(1) Denied or delayed boarding transportation due to DHS screening programs;
(2) Denied or delayed entry into or
departure from the United States at a
port of entry; or
(3) Identified for additional (secondary) screening at U.S. transportation facilities, including airports,
and seaports.
Full name means an individual’s full
name as it appears on a verifying identity document held by the individual.
Inhibited status means the status of a
passenger or non-traveling individual
to whom TSA has instructed a covered
aircraft operator or a covered airport
operator not to issue a boarding pass or
to provide access to the sterile area.
Itinerary information means information reflecting a passenger’s or nontraveling individual’s itinerary specified in the covered aircraft operator’s
AOIP. For non-traveling individuals,
itinerary information is the airport
code for the sterile area to which the
non-traveler seeks access. For passengers, itinerary information includes
the following:
(1) Departure airport code.
(2) Aircraft operator.
(3) Scheduled departure date.
(4) Scheduled departure time.
(5) Scheduled arrival date.
(6) Scheduled arrival time.
(7) Arrival airport code.
(8) Flight number.
(9) Operating carrier (if available).
Known Traveler Number means a
unique number assigned to an indi-

vidual for whom the Federal government has conducted a security threat
assessment and determined does not
pose a security threat.
Non-traveling individual or non-traveler means an individual to whom a
covered aircraft operator or covered
airport operator seeks to issue an authorization to enter the sterile area of
an airport in order to escort a minor or
a passenger with disabilities or for
some other purpose permitted by TSA.
The term non-traveling individual or
non-traveler does not include employees
or agents of airport or aircraft operators or other individuals whose access
to a sterile area is governed by another
TSA requirement.
Overflying the continental United
States means departing from an airport
or location outside the United States
and transiting the airspace of the continental United States en route to another airport or location outside the
United States. Airspace of the continental United States includes the airspace over the lower 48 states of the
United States, not including Alaska or
Hawaii, and the airspace overlying the
territorial waters between the U.S.
coast of the lower 48 states and 12 nautical miles from the continental U.S.
coast. Overflying the continental United
States does not apply to:
(1) Flights that transit the airspace
of the continental United States between two airports or locations in the
same country, where that country is
Canada or Mexico; or
(2) Any other category of flights that
the Assistant Secretary of Homeland
Security (Transportation Security Administration) designates in a notice in
the FEDERAL REGISTER.
Passenger means an individual who is
traveling on a covered flight. The term
passenger does not include:
(1) A crew member who is listed as a
crew member on the flight manifest; or
(2) An individual with flight deck
privileges under 49 CFR 1544.237 traveling on the flight deck.
Passenger Resolution Information or
PRI means the information that a covered aircraft operator or covered airport operator transmits to TSA for an
individual who TSA places in an inhibited status and from whom the covered

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Transportation Security Administration, DHS
aircraft operator or covered airport operator is required to request additional
information and a Verifying Identity
Document. Passenger Resolution Information includes, but is not limited to,
the following:
(1) Covered aircraft operator’s agent
identification number or agent sine.
(2) Type of Verifying Identity Document presented by the passenger.
(3) The identification number on the
Verifying Identity Document.
(4) Issue date of the Verifying Identity Document.
(5) Name of the governmental authority that issued the Verifying Identity
Document.
(6) Physical attributes of the passenger such as height, eye color, or
scars, if requested by TSA.
Passport information means the following information from an individual’s passport:
(1) Passport number.
(2) Country of issuance.
(3) Expiration date.
(4) Gender.
(5) Full name.
Redress Number means the number assigned by DHS to an individual processed through the redress procedures
described in 49 CFR part 1560, subpart
C.
Secure Flight Passenger Data or
(SFPD) means information regarding a
passenger or non-traveling individual
that a covered aircraft operator or covered airport operator transmits to
TSA, to the extent available, pursuant
to § 1560.101. SFPD is the following information regarding a passenger or
non-traveling individual:
(1) Full name.
(2) Date of birth.
(3) Gender.
(4) Redress number or Known Traveler Number (once implemented).
(5) Passport information.
(6) Reservation control number.
(7) Record sequence number.
(8) Record type.
(9) Passenger update indicator.
(10) Traveler reference number.
(11) Itinerary information.
Self-service kiosk means a kiosk operated by a covered aircraft operator
that is capable of accepting a passenger
reservation or a request for authoriza-

§ 1560.101

tion to enter a sterile area from a nontraveling individual.
Sterile area means ‘‘sterile area’’ as
defined in 49 CFR 1540.5.
Terrorist Screening Center or TSC
means the entity established by the
Attorney General to carry out Homeland Security Presidential Directive 6
(HSPD–6), dated September 16, 2003, to
consolidate the Federal government’s
approach to terrorism screening and
provide for the appropriate and lawful
use of terrorist information in screening processes.
Verifying Identity Document means
one of the following documents:
(1) An unexpired passport issued by a
foreign government.
(2) An unexpired document issued by
a U.S. Federal, State, or tribal government that includes the following information for the individual:
(i) Full name.
(ii) Date of birth.
(iii) Photograph.
(3) Such other documents that TSA
may designate as valid verifying identity documents.
Watch list refers to the No Fly and
Selectee List components of the Terrorist Screening Database maintained
by the Terrorist Screening Center. For
certain flights, the ‘‘watch list’’ may
include the larger set of watch lists
maintained by the Federal government
as warranted by security considerations.

Subpart B—Collection and Transmission of Secure Flight Passenger Data for Watch List
Matching
§ 1560.101 Request for and transmission of information to TSA.
(a) Request for information. (1) Each
covered aircraft operator must request
the full name, gender, date of birth,
and Redress Number for passengers on
a covered flight and non-traveling individuals seeking access to an airport
sterile area. For reservations made 72
hours prior to the scheduled time of departure for each covered flight, the
covered aircraft operator must collect
full name, gender, and date of birth for
each passenger when the reservation is
made or at a time no later than 72

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§ 1560.103

49 CFR Ch. XII (10–1–15 Edition)

hours prior to the scheduled time of departure of the covered flight. For an individual that makes a reservation for a
covered flight within 72 hours of the
scheduled time of departure for the
covered flight, the covered aircraft operator must collect the individual’s
full name, date of birth, and gender at
the time of reservation. The covered
aircraft operator must include the information provided by the individual in
response to this request in the SFPD.
(i) Except as provided in paragraph
(a)(1)(ii) of this section, each covered
aircraft operator must begin requesting the information described in paragraph (a)(1) of this section in accordance with its AOIP as approved by
TSA.
(ii) An aircraft operator that becomes a covered aircraft operator after
the effective date of this part must
begin requesting the information on
the date it becomes a covered aircraft
operator.
(2) Beginning on a date no later than
30 days after being notified in writing
by TSA, each covered aircraft operator
must additionally request the Known
Traveler Number for passengers on a
covered flight and non-traveling individuals seeking access to an airport
sterile area. The covered aircraft operator must include the Known Traveler
Number provided by the passenger in
response to this request in the SFPD.
(3) Each covered aircraft operator
may not submit SFPD for any passenger on a covered flight who does not
provide a full name, date of birth and
gender. Each covered aircraft operator
may not accept a request for authorization to enter a sterile area from a nontraveling individual who does not provide a full name, date of birth and gender.
(4) Each covered aircraft operator
must ensure that each third party that
accepts a reservation, or accepts a request for authorization to enter a sterile area, on the covered aircraft operator’s behalf complies with the requirements of this section.
(5) If the covered aircraft operator
also has an operation of an aircraft
that is subject to 49 CFR 1544.101(b)
through (i), the covered aircraft operator may submit SFPD for passengers
on these operations for watch list

matching under this part, provided
that the covered aircraft operator—
(i) Collects and transmits the SFPD
for the passengers in accordance with
this section;
(ii) Provides the privacy notice to the
passengers in accordance with 49 CFR
1560.103; and
(iii) Complies with the requirements
of 49 CFR 1560.105 and 1560.107.
(b) Transmission of Secure Flight Passenger Data to TSA. Beginning on the
date provided in a covered aircraft operator’s AOIP, the covered aircraft operator must electronically transmit
SFPD to TSA, prior to the scheduled
departure of each covered flight, in accordance with its AOIP as approved by
TSA.
(1) To the extent available, each covered aircraft operator must electronically transmit SFPD to TSA for each
passenger on a covered flight.
(2) Each covered aircraft operator
must transmit SFPD to TSA prior to
the scheduled flight departure time, in
accordance with its AOIP as approved
by TSA.
(c) Transmission of non-traveler information to TSA. Beginning on the date
provided in a covered aircraft operator’s AOIP, the covered aircraft operator must electronically transmit
SFPD to TSA for each non-traveling
individual, prior to authorizing access
to an airport sterile area.
(d) Retransmission of information. Each
covered aircraft operator must retransmit to TSA updates to the information listed in paragraphs (b) and (c)
of this section to reflect most recent
changes to that information, as specified in its AOIP as approved by TSA.
§ 1560.103 Privacy notice.
(a) Electronic collection of information—(1) Current electronic collection of
information. Prior to collecting information through a Web site or self-service kiosk from a passenger or non-traveling individual in order to comply
with § 1560.101(a), a covered aircraft operator must make available the complete privacy notice set forth in paragraph (b) of this section.
(2) Other electronic collection of information. If a covered aircraft operator
collects information directly from a
passenger or non-traveling individual

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Transportation Security Administration, DHS
in order to comply with § 1560.101(a)
through an electronic means not described in paragraph (a)(1) of this section, the covered aircraft operator
must make available the complete privacy notice set forth in paragraph (b)
of this section.
(3) Third party Web site. Each covered
aircraft operator must ensure that
each third party that maintains a Web
site capable of making a reservation
for the covered aircraft operator’s reservation system, make available on its
Web site the complete privacy notice
set forth in paragraph (b) of this section prior to collecting information
through the Web site.
(b) Privacy notice. The covered aircraft operator may substitute its name
for the word ‘‘us,’’ but the complete
privacy notice otherwise must be identical to the following paragraph unless
TSA has approved alternative language:
The Transportation Security Administration of the U.S. Department of Homeland Security requires us to collect information
from you for purposes of watch list screening, under the authority of 49 U.S.C. section
114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this
information is voluntary; however, if it is
not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may
share information you provide with law enforcement or intelligence agencies or others
under its published system of records notice.
For more on TSA Privacy policies, or to view
the system of records notice and the privacy
impact assessment, please see TSA’s Web
site at www.tsa.gov.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1560.105 Denial of transport or sterile area access; designation for enhanced screening.
(a) Applicability. (1) This section applies to each covered aircraft operator
beginning on the date that TSA assumes the watch list matching function for the passengers and non-traveling individuals to whom that covered
aircraft operator issues a boarding pass
or other authorization to enter a sterile area. TSA will provide prior written
notification to the covered aircraft operator no later than 60 days before the
date on which it will assume the watch
list matching function from that covered aircraft operator.

§ 1560.105

(2) Prior to the date that TSA assumes the watch list matching function from a covered aircraft operator,
the covered aircraft operator must
comply with existing watch list matching procedures for passengers and nontraveling individuals, including denial
of transport or sterile area access or
designation for enhanced screening for
individuals identified by the covered
aircraft operator or TSA.
(b) Watch list matching results. Except
as provided in paragraph (b) of this section, a covered aircraft operator must
not issue a boarding pass or other authorization to enter a sterile area to a
passenger or a non-traveling individual, and must not allow that individual to board an aircraft or enter a
sterile area, until TSA informs the covered aircraft operator of the results of
watch list matching for that passenger
or non-traveling individual, in response
to the covered aircraft operator’s most
recent SFPD submission for that passenger or non-traveling individual.
(1) Denial of boarding pass. If TSA
sends a covered aircraft operator a
boarding pass printing result that says
the passenger or non-traveling individual must be placed on inhibited status, the covered aircraft operator must
not issue a boarding pass or other authorization to enter a sterile area to
that individual and must not allow
that individual to board an aircraft or
enter a sterile area.
(2) Selection for enhanced screening. If
TSA sends a covered aircraft operator
a boarding pass printing result that
says the passenger has been selected
for enhanced screening at a security
checkpoint, the covered aircraft operator may issue a boarding pass to that
individual and must identify the individual for enhanced screening, in accordance with procedures approved by
TSA. The covered aircraft operator
must place a code on the boarding pass
that meets the requirements described
in the Consolidated User Guide. If TSA
sends a covered aircraft operator a
boarding pass printing result that says
the non-traveling individual has been
selected for enhanced screening at a security checkpoint, the covered aircraft
operator must not issue an authorization to enter a sterile area to that individual.

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§ 1560.105

49 CFR Ch. XII (10–1–15 Edition)

(3) Cleared for boarding or entry into a
sterile area. If TSA sends a covered aircraft operator a boarding pass printing
result that instructs a covered aircraft
operator that a passenger or non-traveling individual is cleared, the covered
aircraft operator may issue a boarding
pass or other authorization to enter a
sterile area to that individual, unless
required under another TSA requirement to identify the passenger or nontraveling individual for enhanced
screening or to deny entry into the
sterile area. The covered aircraft operator must place a code on the boarding
pass or authorization to enter the sterile area that meets the requirements
described in the Consolidated User
Guide.
(4) Override by a covered aircraft operator. No covered aircraft operator may
override a TSA boarding pass printing
result that instructs a covered aircraft
operator to place a passenger or nontraveling individual in an inhibited
status or to identify a passenger or
non-traveling individual for enhanced
screening, unless explicitly authorized
by TSA to do so.
(5) Updated SFPD from covered aircraft
operator. When a covered aircraft operator sends updated SFPD to TSA under
§ 1560.101(d) for a passenger or non-traveling individual for whom TSA has already issued a boarding pass printing
result, all previous TSA results concerning the passenger or non-traveling
individual are voided. The covered aircraft operator may not issue a boarding pass or grant authorization to
enter a sterile area until it receives an
updated result from TSA authorizing
the issuance of a boarding pass or authorization to enter a sterile area.
Upon receiving an updated result from
TSA, the covered aircraft operator
must acknowledge receipt of the updated result, comply with the updated
result, and disregard all previous
boarding pass printing results.
(6) Updated boarding pass printing results from TSA. After TSA sends a covered aircraft operator a result under
paragraph (b)(1), (b)(2), or (b)(3) of this
section, TSA may receive additional
information concerning the passenger
or non-traveling individual and may
send an updated boarding pass printing
result concerning that passenger or

non-traveling individual to the covered
aircraft operator. Upon receiving an
updated boarding pass printing result
from TSA, the covered aircraft operator must acknowledge receipt of the
updated result, comply with the updated result, and disregard all previous
results.
(7) Boarding pass issuance for covered
flights to or overflying the United States.
Covered aircraft operators may permit
another aircraft operator to issue a
boarding pass for a covered flight departing from a foreign location to the
United States or overflying the United
States without regard to the requirements in paragraphs (b)(1) through
(b)(6) of this section provided that—
(i) Before allowing the individual to
board the aircraft for a covered flight,
the covered aircraft operator confirms
that it has received a boarding pass
printing result from DHS for individuals who are issued boarding passes
under paragraph (b)(7) of this section;
(ii) Before allowing the individual to
board an aircraft for a covered flight,
the covered aircraft operator applies
the measures in its security program
to prevent an individual for whom DHS
has returned an inhibited status boarding pass printing result under paragraph (b)(1) of this section from boarding the aircraft; and
(iii) The covered aircraft operator applies the measures in its security program, as provided in 49 CFR part 1544,
subpart B or 49 CFR part 1546, subpart
B, to ensure that an individual for
whom DHS returns a Selectee result
under paragraph (b)(2) of this section
undergoes enhanced screening pursuant
to the covered aircraft operator’s security program prior to that individual
boarding the aircraft.
(c) Request for identification—(1) In
general. If TSA has not informed the
covered aircraft operator of the results
of watch list matching for an individual by the time the individual attempts to check in, or informs the covered aircraft operator that an individual has been placed in inhibited status, the aircraft operator must request
from the individual a verifying identity document pursuant to procedures
in its security program., as provided in
49 CFR part 1544, subpart B or 49 CFR
part 1546, subpart B. The individual

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Transportation Security Administration, DHS
must present a verifying identity document to the covered aircraft operator
at the airport.
(2) Transmission of Updated Secure
Flight Passenger Data. Upon reviewing a
passenger’s verifying identity document, the covered aircraft operator
must transmit the SFPD elements
from the individual’s verifying identity
document to TSA.
(3) Provision of Passenger Resolution
Information. If requested by TSA, the
covered aircraft operator must also
provide to TSA the individual’s Passenger Resolution Information as specified by TSA.
(4) Exception for minors. If a covered
aircraft operator is required to obtain
information
from
an
individual’s
verifying identity document under this
paragraph (c), and the individual is
younger than 18 years of age and does
not have a verifying identity document, TSA may, on a case-by-case
basis, authorize the minor or an adult
accompanying the minor to state the
individual’s full name and date of birth
in lieu of providing a verifying identity
document.
(d) Failure to obtain identification. If a
passenger or non-traveling individual
does not present a verifying identity
document when requested by the covered aircraft operator, in order to comply with paragraph (c) of this section,
the covered aircraft operator must not
issue a boarding pass or give authorization to enter a sterile area to that individual and must not allow that individual to board an aircraft or enter a
sterile area, unless otherwise authorized by TSA.
§ 1560.107 Use of watch list matching
results by covered aircraft operators.
A covered aircraft operator must not
use any watch list matching results
provided by TSA for purposes other
than those provided in § 1560.105 and
other security purposes.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1560.109 Aircraft
mentation Plan.

Operator

Imple-

(a) Content of the Aircraft Operator Implementation Plan (AOIP). Each covered
aircraft operator must adopt and carry
out an AOIP that sets forth the following:

§ 1560.109

(1) The covered aircraft operator’s
test plan with TSA.
(2) When the covered operator will
begin to collect and transmit to TSA
each data element of the SFPD for
each covered flight.
(3) The specific means by which the
covered aircraft operator will request
and
transmit
information
under
§ 1560.101, the timing and frequency of
transmission, and any other related
matters, in accordance with the Consolidated User Guide.
(b) Adoption of Aircraft Operator Implementation Plan (AOIP). Each covered
aircraft operator must adopt an AOIP
pursuant to the procedures set forth in
this paragraph (b).
(1) TSA notifies each covered aircraft
operator in writing of a proposed AOIP,
fixing a period of not less than 30 days
within which the covered aircraft operator may submit written information,
views, and arguments on the proposed
AOIP.
(2) After considering all relevant material, TSA’s designated official notifies each covered aircraft operator of
its AOIP. The AOIP becomes effective
not less than 30 days after the covered
aircraft operator receives the notice of
its AOIP, unless the covered aircraft
operator petitions the Assistant Secretary or designated official to reconsider no later than 15 days before the
effective date of the AOIP. The covered
aircraft operator must send the petition for reconsideration to the designated official. A timely petition for
reconsideration stays the effective date
of the AOIP.
(3) Upon receipt of a petition for reconsideration, the designated official
either amends the AOIP or transmits
the petition, together with any pertinent information, to the Assistant Secretary or designee for reconsideration.
The Assistant Secretary or designee
disposes of the petition within 30 days
of receipt by either directing the designated official to withdraw or amend
the AOIP, or by affirming the AOIP.
(4) TSA may, at its discretion, grant
extensions to any schedule deadlines,
on its own initiative or upon the request of a covered aircraft operator.
(c) Incorporation into Security Program. Once an AOIP is approved, the

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§ 1560.111

49 CFR Ch. XII (10–1–15 Edition)

AOIP becomes part of the covered aircraft operator’s security program as
described in 49 CFR part 1544, subpart
B, or 49 CFR part 1546, subpart B, as appropriate, and any amendments will be
made in accordance with the procedures in those subparts.
(d) Handling of Aircraft Operator Implementation Plan (AOIP). An AOIP contains sensitive security information
(SSI) and must be handled and protected in accordance with 49 CFR part
1520.
§ 1560.111 Covered airport operators.
(a) Applicability. This section applies
to a covered airport operator that has
a program approved by TSA through
which the covered airport operator
may authorize non-traveling individuals to enter a sterile area.
(b) Requirements. A covered airport
operator must adopt and carry out an
AOIP in accordance with § 1560.109.
Each covered airport operator must
comply with the procedures required of
covered
aircraft
operators
in
§§ 1560.101(a), (c), and (d), 1560.103, and
1560.107 of this part and any other applicable TSA requirements when authorizing non-traveling individuals to
enter a sterile area.

Subpart C—Passenger Redress
§ 1560.201 Applicability.
This subpart applies to individuals
who believe they have been improperly
or unfairly delayed or prohibited from
boarding an aircraft or entering a sterile area as a result of the Secure Flight
program.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1560.203 Representation by counsel.
A person may be represented by
counsel at his or her own expense during the redress process.
§ 1560.205 Redress process.
(a) If an individual believes he or she
has been improperly or unfairly delayed or prohibited from boarding an
aircraft or entering a sterile area as a
result of the Secure Flight program,
the individual may seek assistance
through the redress process established
under this section.
(b) An individual may obtain the
forms and information necessary to

initiate the redress process on the DHS
TRIP Web site at http://www.dhs.gov/
trip or by contacting the DHS TRIP office by mail. Individuals should send
written requests for forms to the DHS
TRIP office and include their name and
address in the request. DHS will provide the necessary forms and information to individuals through its Web site
or by mail.
(c) The individual must send to the
DHS TRIP office the personal information and copies of the specified identification documents. If TSA needs additional information in order to continue
the redress process, TSA will so notify
the individual in writing and request
that additional information. The DHS
TRIP Office will assign the passenger a
unique identifier, which TSA will recognize as the Redress Number, and the
passenger may use that Redress Number in future correspondence with TSA
and when making future travel reservations.
(d) TSA, in coordination with the
TSC and other appropriate Federal law
enforcement or intelligence agencies, if
necessary, will review all the documentation and information requested
from the individual, correct any erroneous information, and provide the individual with a timely written response.
§ 1560.207

Oversight of process.

The redress process and its implementation are subject to review by the
TSA and DHS Privacy Offices and the
TSA and DHS Offices for Civil Rights
and Civil Liberties.

PART 1562—OPERATIONS IN THE
WASHINGTON, DC, METROPOLITAN AREA
Subpart A—Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC, Metropolitan Area Flight
Restricted Zone
Sec.
1562.1

Scope and definitions.

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