49 Cfr 1542

jstallworth on DSK7TPTVN1PROD with CFR

§ 1540.303

49 CFR Ch. XII (10–1–15 Edition)

Approval, it becomes effective upon receipt by the holder of the security program, or 15 calendar days after service,
whichever occurs first.
(4) Petition for reconsideration. The
holder of the security program may petition TSA to reconsider its Withdrawal of Approval by serving a petition for consideration no later than 15
calendar days after the holder of the
security program receives the Withdrawal of Approval. The holder of the
security program must serve the Petition for Reconsideration on the designated official. Submission of a Petition for Reconsideration will not stay
the Withdrawal of Approval. The holder of the security program may request
the designated official to stay the
Withdrawal of Approval pending review
of and decision on the Petition.
(5) Assistant Secretary’s review. The
designated official transmits the Petition together with all pertinent information to the Assistant Secretary for
reconsideration. The Assistant Secretary will dispose of the Petition
within 15 calendar days of receipt by
either directing the designated official
to rescind the Withdrawal of Approval
or by affirming the Withdrawal of Approval. The decision of the Assistant
Secretary constitutes a final agency
order subject to judicial review in accordance with 49 U.S.C. 46110.
(6) Emergency withdrawal. If TSA
finds that there is an emergency with
respect to aviation security requiring
immediate action that makes the procedures in this section contrary to the
public interest, the designated official
may issue an Emergency Withdrawal of
Approval of a security program without first issuing a Notice of Proposed
Withdrawal of Approval. The Emergency Withdrawal would be effective
on the date that the holder of the security program receives the emergency
withdrawal. In such a case, the designated official will send the holder of
the security program a brief statement
of the facts, charges, applicable law,
regulation, or order that forms the
basis for the Emergency Withdrawal.
The holder of the security program
may submit a Petition for Reconsideration under the procedures in paragraphs (b)(4) through (b)(5) of this section; however, this petition will not

stay the effective date of the Emergency Withdrawal.
(c) Service of documents for withdrawal
of approval of security program proceedings. Service may be accomplished
by personal delivery, certified mail, or
express courier. Documents served on
the holder of a security program will
be served at its official place of business as designated in its application for
approval or its security program. Documents served on TSA must be served to
the address noted in the Notice of
Withdrawal of Approval or Withdrawal
of Approval, whichever is applicable.
(1) Certificate of service. An individual
may attach a certificate of service 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) Date of service. 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.
(d) Extension of time. TSA may grant
an extension of time to the limits set
forth in this section for good cause
shown. A security program holder must
submit a request for 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.
§ 1540.303

[Reserved]

PART 1542—AIRPORT SECURITY
Subpart A—General
Sec.
1542.1
1542.3
1542.5

Applicability of this part.
Airport security coordinator.
Inspection authority.

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Transportation Security Administration, DHS
Subpart B—Airport Security Program
1542.101
1542.103
1542.105
1542.103
rity.
1542.109
1542.111
1542.113

General requirements.
Content.
Approval and amendments.
Changed conditions affecting secuAlternate means of compliance.
Exclusive area agreements.
Airport tenant security programs.

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

Subpart D—Contingency Measures
1542.301
1542.303
tion
1542.305
1542.307

Contingency plan.
Security Directives and InformaCirculars.
Public advisories.
Incident management.

AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44907, 44913–44914, 44916–44917, 44935–
44936, 44942, 46105.
SOURCE: 67 FR 8355, Feb. 22, 2002, unless
otherwise noted.

jstallworth on DSK7TPTVN1PROD with CFR

Subpart A—General
§ 1542.1 Applicability of this part.
This part describes aviation security
rules governing:
(a) The operation of airports regularly serving aircraft operations required to be under a security program
under part 1544 of this chapter, as described in this part.
(b) The operation of airport regularly
serving foreign air carrier operations
required to be under a security program under part 1546 of this chapter, as
described in this part.
(c) Each airport operator that receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular issued

§ 1542.3

by the Designated official for Civil
Aviation Security.
(d) Each airport operator that does
not have a security program under this
part that serves an aircraft operator
operating under a security program
under part 1544 of this chapter, or a foreign air carrier operating under a security program under part 1546 of this
chapter. Such airport operators must
comply with § 1542.5(e).
[67 FR 8355, Feb. 22, 2002, as amended at 71
FR 30509, May 26, 2006]

§ 1542.3

Airport security coordinator.

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

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§ 1542.5

49 CFR Ch. XII (10–1–15 Edition)

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.5

Inspection authority.

(a) Each airport operator must allow
TSA, at any time or place, to make
any inspections or tests, including
copying records, to determine compliance of an airport operator, aircraft operator, foreign air carrier, indirect air
carrier, or other airport tenants with—
(1) This subchapter and any security
program under this subchapter, and
part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each airport operator must provide evidence of
compliance with this part and its airport security program, including copies
of records.
(c) TSA may enter and be present
within secured areas, AOA’s, and
SIDA’s without access media or identification media issued or approved by an
airport operator or aircraft operator,
in order to inspect or test compliance,
or perform other such duties as TSA
may direct.
(d) At the request of TSA and upon
the completion of SIDA training as required in a security program, each airport operator promptly must issue to
TSA personnel access and identification media to provide TSA personnel
with unescorted access to, and movement within, secured areas, AOA’s, and
SIDA’s.
(e) TSA may enter and be present at
an airport that does not have a security program under this part, without
access media or identification media
issued or approved by an airport operator or aircraft operator, to inspect an
aircraft operator operating under a security program under part 1544 of this
chapter, or a foreign air carrier oper-

ating under a security program under
part 1546 of this chapter.
[67 FR 8355, Feb. 22, 2002, as amended at 71
FR 30509, May 26, 2006]

Subpart B—Airport Security
Program
§ 1542.101 General requirements.
(a) No person may operate an airport
subject to § 1542.103 unless it adopts and
carries out a security program that—
(1) Provides for the safety and security of persons and property on an aircraft operating in air transportation or
intrastate air transportation against
an act of criminal violence, aircraft piracy, and the introduction of an unauthorized weapon, explosive, or incendiary onto an aircraft;
(2) Is in writing and is signed by the
airport operator;
(3) Includes the applicable items listed in § 1542.103;
(4) Includes an index organized in the
same
subject
area
sequence
as
§ 1542.103; and
(5) Has been approved by TSA.
(b) Each airport operator subject to
§ 1542.103 must maintain one current
and complete copy of its security program and provide a copy to TSA upon
request.
(c) Each airport operator subject to
§ 1542.103 must—
(1) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in
part 1520 of this chapter, to persons
with a need to know; and
(2) Refer all requests for SSI by other
persons to TSA.
[67 FR 8355, Feb. 22, 2002, as amended at 71
FR 30509, May 26, 2006]

§ 1542.103 Content.
(a) Complete program. Except as otherwise approved by TSA, each airport operator regularly serving operations of
an aircraft operator or foreign air carrier described in § 1544.101(a)(1) or
§ 1546.101(a) of this chapter, must include in its security program the following:
(1) The name, means of contact, duties, and training requirements of the
ASC required under § 1542.3.
(2) [Reserved]

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Transportation Security Administration, DHS
(3) A description of the secured areas,
including—
(i) A description and map detailing
boundaries and pertinent features;
(ii) Each activity or entity on, or adjacent to, a secured area that affects
security;
(iii) Measures used to perform the access control functions required under
§ 1542.201(b)(1);
(iv) Procedures to control movement
within the secured area, including
identification media required under
§ 1542.201(b)(3); and
(v) A description of the notification
signs required under § 1542.201(b)(6).
(4) A description of the AOA, including—
(i) A description and map detailing
boundaries, and pertinent features;
(ii) Each activity or entity on, or adjacent to, an AOA that affects security;
(iii) Measures used to perform the access control functions required under
§ 1542.203(b)(1);
(iv) Measures to control movement
within the AOA, including identification media as appropriate; and
(v) A description of the notification
signs required under § 1542.203(b)(4).
(5) A description of the SIDA’s, including—
(i) A description and map detailing
boundaries and pertinent features; and
(ii) Each activity or entity on, or adjacent to, a SIDA.
(6) A description of the sterile areas,
including—
(i) A diagram with dimensions detailing boundaries and pertinent features;
(ii) Access controls to be used when
the passenger-screening checkpoint is
non-operational and the entity responsible for that access control; and
(iii) Measures used to control access
as specified in § 1542.207.
(7) Procedures used to comply with
§ 1542.209 regarding fingerprint-based
criminal history records checks.
(8) A description of the personnel
identification systems as described in
§ 1542.211.
(9) Escort procedures in accordance
with § 1542.211(e).
(10) Challenge procedures in accordance with § 1542.211(d).
(11) Training programs required
under §§ 1542.213 and 1542.217(c)(2), if applicable.

§ 1542.103

(12) A description of law enforcement
support
used
to
comply
with
§ 1542.215(a).
(13) A system for maintaining the
records described in § 1542.221.
(14) The procedures and a description
of facilities and equipment used to support TSA inspection of individuals and
property, and aircraft operator or foreign air carrier screening functions of
parts 1544 and 1546 of this chapter.
(15) A contingency plan required
under § 1542.301.
(16) Procedures for the distribution,
storage, and disposal of security programs, Security Directives, Information Circulars, implementing instructions, and, as appropriate, classified information.
(17) Procedures for posting of public
advisories as specified in § 1542.305.
(18) Incident management procedures
used to comply with § 1542.307.
(19) Alternate security procedures, if
any, that the airport operator intends
to use in the event of natural disasters,
and other emergency or unusual conditions.
(20) Each exclusive area agreement as
specified in § 1542.111.
(21) Each airport tenant security program as specified in § 1542.113.
(b) Supporting program. Except as otherwise approved by TSA, each airport
regularly serving operations of an aircraft operator or foreign air carrier described in § 1544.101(a)(2) or (f), or
§ 1546.101(b) or (c) of this chapter, must
include in its security program a description of the following:
(1) Name, means of contact, duties,
and training requirements of the ASC,
as required under § 1542.3.
(2) A description of the law enforcement support used to comply with
§ 1542.215(a).
(3) Training program for law enforcement
personnel
required
under
§ 1542.217(c)(2), if applicable.
(4) A system for maintaining the
records described in § 1542.221.
(5) The contingency plan required
under § 1542.301.
(6) Procedures for the distribution,
storage, and disposal of security programs, Security Directives, Information Circulars, implementing instructions, and, as appropriate, classified information.

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§ 1542.105

49 CFR Ch. XII (10–1–15 Edition)

(7) Procedures for public advisories as
specified in § 1542.305.
(8) Incident management procedures
used to comply with § 1542.307.
(c) Partial program. Except as otherwise approved by TSA, each airport
regularly serving operations of an aircraft operator or foreign air carrier described in § 1544.101(b) or § 1546.101(d) of
this chapter, must include in its security program a description of the following:
(1) Name, means of contact, duties,
and training requirements of the ASC
as required under § 1542.3.
(2) A description of the law enforcement support used to comply with
§ 1542.215(b).
(3) Training program for law enforcement
personnel
required
under
§ 1542.217(c)(2), if applicable.
(4) A system for maintaining the
records described in § 1542.221.
(5) Procedures for the distribution,
storage, and disposal of security programs, Security Directives, Information Circulars, implementing instructions, and, as appropriate, classified information.
(6) Procedures for public advisories as
specified in § 1542.305.
(7) Incident management procedures
used to comply with § 1542.307.
(d) Use of appendices. The airport operator may comply with paragraphs
(a), (b), and (c) of this section by including in its security program, as an
appendix, any document that contains
the information required by paragraphs
(a), (b), and (c) of this section. The appendix must be referenced in the corresponding section(s) of the security
program.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.105

Approval and amendments.

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

(1) The designated official, within 30
days after receiving the proposed security program, will either approve the
program or give the airport operator
written notice to modify the program
to comply with the applicable requirements of this part.
(2) The airport operator may either
submit a modified security program to
the designated official for approval, or
petition the 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 airport
operator.
Except
as
provided
in
§ 1542.103(c), an airport operator may
submit a request to the designated official to amend its security program, as
follows:
(1) The request for an amendment
must be filed with the designated official at least 45 days before the date it
proposes for the amendment to become
effective, unless a shorter period is allowed by the designated official.
(2) Within 30 days after receiving a
proposed amendment, the designated
official, in writing, either approves or
denies the request to amend.
(3) An amendment to a security program may be approved if the designated official determines that safety
and the public interest will allow it,
and the proposed amendment provides
the level of security required under
this part.
(4) Within 30 days after receiving a
denial, the airport operator may petition the Administrator to reconsider
the denial.
(5) Upon receipt of a petition for reconsideration, the designated official
either approves the request to amend
or transmits the petition within 30

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Transportation Security Administration, DHS
days of receipt, 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.
(c) Amendment by TSA. If safety and
the public interest require an amendment, the designated official may
amend a security program as follows:
(1) The designated official sends to
the airport operator a notice, in writing, of the proposed amendment, fixing
a period of not less than 30 days within
which the airport operator may submit
written information, views, and arguments on the amendment.
(2) After considering all relevant material, the designated official notifies
the airport operator of any amendment
adopted or rescinds the notice. If the
amendment is adopted, it becomes effective not less than 30 days after the
airport operator receives the notice of
amendment, unless the airport operator petitions the Administrator to reconsider no later than 15 days before
the effective date of the amendment.
The airport operator must send the petition for reconsideration to the designated official. A timely petition for
reconsideration stays the effective date
of the amendment.
(3) Upon receipt of a petition for reconsideration, the designated official
either amends or withdraws the notice,
or transmits the petition, together
with any pertinent information to the
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. Notwithstanding paragraph (c) of this section,
if the designated official finds that
there is an emergency requiring immediate action with respect to safety and
security in air transportation or in air
commerce that makes procedures in
this section contrary to the public interest, the designated official may
issue an amendment, effective without
stay on the date the airport operator
receives the notice of it. In such a case,
the designated official must incorporate in the notice a brief statement

§ 1542.107

of the reasons and findings for the
amendment to be adopted. The airport
operator may file a petition for reconsideration under paragraph (c) of this
section; however, this does not stay the
effective date of the emergency amendment.
§ 1542.107 Changed conditions affecting security.
(a) After approval of the security program, each airport operator must notify TSA when changes have occurred
to the—
(1) Measures, training, area descriptions, or staffing, described in the security program;
(2) Operations of an aircraft operator
or foreign air carrier that would require modifications to the security program as required under § 1542.103; or
(3) Layout or physical structure of
any area under the control of the airport operator, airport tenant, aircraft
operator, or foreign air carrier used to
support the screening process, access,
presence, or movement control functions required under part 1542, 1544, or
1546 of this chapter.
(b) Each airport operator must notify
TSA no more than 6 hours after the
discovery of any changed condition described in paragraph (a) of this section,
or within the time specified in its security program, of the discovery of any
changed condition described in paragraph (a) of this section. The airport
operator must inform TSA of each interim measure being taken to maintain
adequate security until an appropriate
amendment to the security program is
approved. Each interim measure must
be acceptable to TSA.
(c) For changed conditions expected
to be less than 60 days duration, each
airport operator must forward the information required in paragraph (b) of
this section in writing to TSA within
72 hours of the original notification of
the change condition(s). TSA will notify the airport operator of the disposition of the notification in writing. If
approved by TSA, this written notification becomes a part of the airport security program for the duration of the
changed condition(s).
(d) For changed conditions expected
to be 60 days or more duration, each

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§ 1542.109

49 CFR Ch. XII (10–1–15 Edition)

airport operator must forward the information required in paragraph (b) of
this section in the form of a proposed
amendment to the airport operator’s
security program, as required under
§ 1542.105. The request for an amendment must be made within 30 days of
the discovery of the changed condition(s). TSA will respond to the request
in accordance with § 1542.105.
§ 1542.109
ance.

Alternate means of compli-

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.111

Exclusive area agreements.

(a) TSA may approve an amendment
to an airport security program under
which an aircraft operator or foreign
air carrier that has a security program
under part 1544 or 1546 of this chapter
assumes responsibility for specified security measures for all or portions of
the secured area, AOA, or SIDA, including access points, as provided in
§ 1542.201, § 1542.203, or § 1542.205. The assumption of responsibility must be exclusive to one aircraft operator or foreign air carrier, and shared responsibility among aircraft operators or foreign air carriers is not permitted for an
exclusive area.
(b) An exclusive area agreement must
be in writing, signed by the airport operator and aircraft operator or foreign
air carrier, and maintained in the airport security program. This agreement
must contain the following:
(1) A description, a map, and, where
appropriate, a diagram of the boundaries and pertinent features of each
area,
including
individual
access
points, over which the aircraft operator or foreign air carrier will exercise
exclusive security responsibility.
(2) A description of the measures
used by the aircraft operator or foreign

air carrier to comply with § 1542.201,
§ 1542.203, or § 1542.205, as appropriate.
(3) Procedures by which the aircraft
operator or foreign air carrier will immediately notify the airport operator
and provide for alternative security
measures when there are changed conditions as described in § 1542.103(a).
(c) Any exclusive area agreements in
effect on November 14, 2001, must meet
the requirements of this section and
§ 1544.227 no later than November 14,
2002.
§ 1542.113 Airport tenant security programs.
(a) TSA may approve an airport tenant security program as follows:
(1) The tenant must assume responsibility for specified security measures
of the secured area, AOA, or SIDA as
provided in §§ 1542.201, 1542.203, and
1542.205.
(2) The tenant may not assume responsibility for law enforcement support under § 1542.215.
(3) The tenant must assume the responsibility within the tenant’s leased
areas or areas designated for the tenant’s exclusive use. A tenant may not
assume responsibility under a tenant
security program for the airport passenger terminal.
(4) Responsibility must be exclusive
to one tenant, and shared responsibility among tenants is not permitted.
(5) TSA must find that the tenant is
able and willing to carry out the airport tenant security program.
(b) An airport tenant security program must be in writing, signed by the
airport operator and the airport tenant, and maintained in the airport security program. The airport tenant security program must include the following:
(1) A description and a map of the
boundaries and pertinent features of
each area over which the airport tenant will exercise security responsibilities.
(2) A description of the measures the
airport tenant has assumed.
(3) Measures by which the airport operator will monitor and audit the tenant’s compliance with the security program.
(4) Monetary and other penalties to
which the tenant may be subject if it

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fails to carry out the airport tenant security program.
(5) Circumstances under which the
airport operator will terminate the airport tenant security program for cause.
(6) A provision acknowledging that
the tenant is subject to inspection by
TSA in accordance with § 1542.5.
(7) A provision acknowledging that
individuals who carry out the tenant
security program are contracted to or
acting for the airport operator and are
required to protect sensitive information in accordance with part 1520 of
this chapter, and may be subject to
civil penalties for failing to protect
sensitive security information.
(8) Procedures by which the tenant
will immediately notify the airport operator of and provide for alternative security measures for changed conditions
as described in § 1542.103(a).
(c) If TSA has approved an airport
tenant security program, the airport
operator may not be found to be in violation of a requirement of this part in
any case in which the airport operator
demonstrates that:
(1) The tenant or an employee, permittee, or invitee of the tenant, is responsible for such violation; and
(2) The airport operator has complied
with all measures in its security program to ensure the tenant has complied with the airport tenant security
program.
(d) TSA may amend or terminate an
airport tenant security program in accordance with § 1542.105.

jstallworth on DSK7TPTVN1PROD with CFR

Subpart C—Operations
§ 1542.201 Security of the secured
area.
(a) Each airport operator required to
have
a
security
program
under
§ 1542.103(a) must establish at least one
secured area.
(b) Each airport operator required to
establish a secured area must prevent
and detect the unauthorized entry,
presence, and movement of individuals
and ground vehicles into and within
the secured area by doing the following:
(1) Establish and carry out measures
for controlling entry to secured areas
of the airport in accordance with
§ 1542.207.

§ 1542.203

(2) Provide for detection of, and response to, each unauthorized presence
or movement in, or attempted entry to,
the secured area by an individual
whose access is not authorized in accordance with its security program.
(3) Establish and carry out a personnel identification system described
under § 1542.211.
(4) Subject each individual to employment history verification as described in § 1542.209 before authorizing
unescorted access to a secured area.
(5) Train each individual before
granting unescorted access to the secured area, as required in § 1542.213(b).
(6) Post signs at secured area access
points and on the perimeter that provide warning of the prohibition against
unauthorized entry. Signs must be
posted by each airport operator in accordance with its security program not
later than November 14, 2003.
§ 1542.203 Security of the air operations area (AOA).
(a) Each airport operator required to
have
a
security
program
under
§ 1542.103(a) must establish an AOA, unless the entire area is designated as a
secured area.
(b) Each airport operator required to
establish an AOA must prevent and detect the unauthorized entry, presence,
and movement of individuals and
ground vehicles into or within the AOA
by doing the following:
(1) Establish and carry out measures
for controlling entry to the AOA of the
airport in accordance with § 1542.207.
(2) Provide for detection of, and response to, each unauthorized presence
or movement in, or attempted entry to,
the AOA by an individual whose access
is not authorized in accordance with
its security program.
(3) Provide security information as
described in § 1542.213(c) to each individual with unescorted access to the
AOA.
(4) Post signs on AOA access points
and perimeters that provide warning of
the prohibition against unauthorized
entry to the AOA. Signs must be posted
by each airport operator in accordance
with its security program not later
than November 14, 2003.
(5) If approved by TSA, the airport
operator may designate all or portions

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§ 1542.205

49 CFR Ch. XII (10–1–15 Edition)

of its AOA as a SIDA, or may use another personnel identification system,
as part of its means of meeting the requirements of this section. If it uses
another personnel identification system, the media must be clearly distinguishable from those used in the secured area and SIDA.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.205 Security of the security
identification display area (SIDA).
(a) Each airport operator required to
have a complete program under
§ 1542.103(a) must establish at least one
SIDA, as follows:
(1) Each secured area must be a
SIDA.
(2) Each part of the air operations
area that is regularly used to load
cargo on, or unload cargo from, an aircraft that is operated under a full program or a full all-cargo program as
provided in § 1544.101(a) or (h) of this
chapter, or a foreign air carrier under a
security program as provided in
§ 1546.101(a), (b), or (e), must be a SIDA.
(3) Each area on an airport where
cargo is present after an aircraft operator operating under a full program or
a
full
all-cargo
program
under
§ 1544.101(a) or (h) of this chapter, or a
foreign air carrier operating under a
security program under § 1546.101(a),
(b), or (e) of this chapter, or an indirect
air carrier, accepts it must be a SIDA.
This includes areas such as: Cargo facilities; loading and unloading vehicle
docks; and areas where an aircraft operator, foreign air carrier, or indirect
air carrier sorts, stores, stages, consolidates, processes, screens, or transfers cargo.
(4) Other areas of the airport may be
SIDAs.
(b) Each airport operator required to
establish a SIDA must establish and
carry out measures to prevent the unauthorized presence and movement of
individuals in the SIDA and must do
the following:
(1) Establish and carry out a personnel identification system described
under § 1542.211.
(2) Subject each individual to a
criminal history records check as described in § 1542.209 before authorizing
unescorted access to the SIDA.

(3) Train each individual before
granting unescorted access to the
SIDA, as required in § 1542.213(b).
(c) An airport operator that is not required to have a complete program
under § 1542.103(a) is not required to establish a SIDA under this section.
[67 FR 8355, Feb. 22, 2002, as amended at 71
FR 30509, May 26, 2006]

§ 1542.207

Access control systems.

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

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Transportation Security Administration, DHS
(4) Deactivates or invalidates the
original access medium until the individual returns the second access medium; and
(5) Provides that any second access
media that is also used as identification media meet the criteria of
§ 1542.211(b).

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.209 Fingerprint-based criminal
history records checks (CHRC).
(a) Scope. The following persons are
within the scope of this section—
(1) Each airport operator and airport
user.
(2) Each individual currently having
unescorted access to a SIDA, and each
individual with authority to authorize
others to have unescorted access to a
SIDA (referred to as unescorted access
authority).
(3)
Each
individual
seeking
unescorted access authority.
(4) Each airport user and aircraft operator making a certification to an airport operator pursuant to paragraph
(n) of this section, or 14 CFR 108.31(n)
in effect prior to November 14, 2001 (see
14 CFR Parts 60 to 139 revised as of
January 1, 2001). An airport user, for
the purposes of this section only, is
any person other than an aircraft operator subject to § 1544.229 of this chapter
making a certification under this section.
(b) Individuals seeking unescorted access authority. Except as provided in
paragraph (m) of this section, each airport operator must ensure that no individual is granted unescorted access authority unless the individual has undergone a fingerprint-based CHRC that
does not disclose that he or she has a
disqualifying criminal offense, as described in paragraph (d) of this section.
(c) Individuals who have not had a
CHRC. (1) Except as provided in paragraph (m) of this section, each airport
operator must ensure that after December 6, 2002, no individual retains
unescorted access authority, unless the
airport operator has obtained and submitted a fingerprint under this part.
(2) When a CHRC discloses a disqualifying criminal offense for which the
conviction or finding of not guilty by
reason of insanity was on or after December 6, 1991, the airport operator

§ 1542.209

must immediately suspend that individual’s authority.
(d) Disqualifying criminal offenses. An
individual has a disqualifying criminal
offense if the individual has been convicted, or found not guilty of by reason
of insanity, of any of the disqualifying
crimes listed in this paragraph (d) in
any jurisdiction during the 10 years before the date of the individual’s application for unescorted access authority,
or while the individual has unescorted
access authority. The disqualifying
criminal offenses are as follows—
(1) Forgery of certificates, false
marking of aircraft, and other aircraft
registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation;
49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew
members or flight attendants; 49 U.S.C.
46504.
(6) Commission of certain crimes
aboard aircraft in flight; 49 U.S.C.
46506.
(7) Carrying a weapon or explosive
aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and
threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special
aircraft jurisdiction of the United
States; 49 U.S.C. 46502(b).
(10) Lighting violations involving
transporting controlled substances; 49
U.S.C. 46315.
(11) Unlawful entry into an aircraft
or airport area that serves air carriers
or foreign air carriers contrary to established security requirements; 49
U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale,
distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.

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§ 1542.209

49 CFR Ch. XII (10–1–15 Edition)

(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—
(i) Willful destruction of property;
(ii) Importation or manufacture of a
controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled
substance punishable by a maximum
term of imprisonment of more than 1
year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit
any of the criminal acts listed in this
paragraph (d).
(e) Fingerprint application and processing. (1) At the time of fingerprinting,
the airport operator must provide the
individual to be fingerprinted a fingerprint application that includes only
the following—
(i) The disqualifying criminal offenses described in paragraph (d) of this
section.
(ii) A statement that the individual
signing the application does not have a
disqualifying criminal offense.
(iii) A statement informing the individual that Federal regulations under
49 CFR 1542.209 (l) impose a continuing
obligation to disclose to the airport operator within 24 hours if he or she is
convicted of any disqualifying criminal
offense that occurs while he or she has
unescorted access authority. After February 17, 2002, the airport operator may
use statements that have already been
printed referring to 14 CFR 107.209 until
stocks of such statements are used up.
(iv) A statement reading, ‘‘The information I have provided on this application is true, complete, and correct to
the best of my knowledge and belief
and is provided in good faith. I understand that a knowing and willful false
statement on this application can be
punished by fine or imprisonment or
both. (See section 1001 of Title 18
United States Code.)’’

(v) A line for the printed name of the
individual.
(vi) A line for the individual’s signature and date of signature.
(2) Each individual must complete
and sign the application prior to submitting his or her fingerprints.
(3) The airport operator must verify
the identity of the individual through
two forms of identification prior to
fingerprinting, and ensure that the
printed name on the fingerprint application is legible. At least one of the
two forms of identification must have
been issued by a government authority,
and at least one must include a photo.
(4) The airport operator must advise
the individual that:
(i) A copy of the criminal record received from the FBI will be provided to
the individual, if requested by the individual in writing; and
(ii) The ASC is the individual’s point
of contact if he or she has questions
about the results of the CHRC.
(5) The airport operator must collect,
control, and process one set of legible
and classifiable fingerprints under direct observation of the airport operator
or a law enforcement officer.
(6) Fingerprints may be obtained and
processed electronically, or recorded
on fingerprint cards approved by the
FBI and distributed by TSA for that
purpose.
(7) The fingerprint submission must
be forwarded to TSA in the manner
specified by TSA.
(f) Fingerprinting fees. Airport operators must pay for all fingerprints in a
form and manner approved by TSA.
The payment must be made at the designated rate (available from the local
TSA security office) for each set of fingerprints submitted. Information about
payment options is available though
the designated TSA headquarters point
of contact. Individual personal checks
are not acceptable.
(g) Determination of arrest status. (1)
When a CHRC on an individual seeking
unescorted access authority discloses
an arrest for any disqualifying criminal offense listed in paragraph (d) of
this section without indicating a disposition, the airport operator must determine, after investigation, that the
arrest did not result in a disqualifying
offense before granting that authority.

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Transportation Security Administration, DHS
If there is no disposition, or if the disposition did not result in a conviction
or in a finding of not guilty by reason
of insanity of one of the offenses listed
in paragraph (d) of this section, the individual is not disqualified under this
section.
(2) When a CHRC on an individual
with unescorted access authority discloses an arrest for any disqualifying
criminal offense without indicating a
disposition, the airport operator must
suspend the individual’s unescorted access authority not later than 45 days
after obtaining the CHRC unless the
airport operator determines, after investigation, that the arrest did not result in a disqualifying criminal offense.
If there is no disposition, or if the disposition did not result in a conviction
or in a finding of not guilty by reason
of insanity of one of the offenses listed
in paragraph (d) of this section, the individual is not disqualified under this
section.
(3) The airport operator may only
make the determinations required in
paragraphs (g)(1) and (g)(2) of this section for individuals for whom it is
issuing, or has issued, unescorted access authority, and who are not covered by a certification from an aircraft
operator under paragraph (n) of this
section. The airport operator may not
make determinations for individuals
described in § 1544.229 of this chapter.
(h) Correction of FBI records and notification of disqualification. (1) Before
making a final decision to deny
unescorted access authority to an individual described in paragraph (b) of
this section, the airport operator must
advise him or her that the FBI criminal record discloses information that
would disqualify him or her from receiving or retaining unescorted access
authority and provide the individual
with a copy of the FBI record if he or
she requests it.
(2) The airport operator must notify
an individual that a final decision has
been made to grant or deny unescorted
access authority.
(3) Immediately following the suspension of unescorted access authority of
an individual, the airport operator
must advise him or her that the FBI
criminal record discloses information
that disqualifies him or her from re-

§ 1542.209

taining unescorted access authority
and provide the individual with a copy
of the FBI record if he or she requests
it.
(i) Corrective action by the individual.
The individual may contact the local
jurisdiction responsible for the information and the FBI to complete or correct the information contained in his
or her record, subject to the following
conditions—
(1)
For
an
individual
seeking
unescorted access authority on or after
December 6, 2001, the following applies:
(i) Within 30 days after being advised
that the criminal record received from
the FBI discloses a disqualifying criminal offense, the individual must notify
the airport operator in writing of his or
her intent to correct any information
he or she believes to be inaccurate. The
airport operator must obtain a copy, or
accept a copy from the individual, of
the revised FBI record, or a certified
true copy of the information from the
appropriate court, prior to granting
unescorted access authority.
(ii) If no notification, as described in
paragraph (h)(1) of this section, is received within 30 days, the airport operator may make a final determination
to deny unescorted access authority.
(2) For an individual with unescorted
access authority before December 6,
2001, the following applies: Within 30
days after being advised of suspension
because the criminal record received
from the FBI discloses a disqualifying
criminal offense, the individual must
notify the airport operator in writing
of his or her intent to correct any information he or she believes to be inaccurate. The airport operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record, or
a certified true copy of the information
from the appropriate court, prior to reinstating unescorted access authority.
(j) Limits on dissemination of results.
Criminal record information provided
by the FBI may be used only to carry
out this section and § 1544.229 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.

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§ 1542.209

49 CFR Ch. XII (10–1–15 Edition)

(2) Officials of other airport operators
who are determining whether to grant
unescorted access to the individual
under this part.
(3) Aircraft operators who are determining whether to grant unescorted
access to the individual or authorize
the individual to perform screening
functions under part 1544 of this chapter.
(4) Others designated by TSA.
(k) Recordkeeping. The airport operator must maintain the following information:
(1) Investigations conducted before December 6, 2001. The airport operator
must maintain and control the access
or employment history investigation
files, including the criminal history
records results portion, or the appropriate certifications, for investigations
conducted before December 6, 2001.
(2) Fingerprint application process on or
after December 6, 2001. Except when the
airport operator has received a certification under paragraph (n) of this section, the airport operator must physically maintain, control, and, as appropriate, destroy the fingerprint application and the criminal record. Only direct airport operator employees may
carry out the responsibility for maintaining, controlling, and destroying
criminal records.
(3) Certification on or after December 6,
2001. The airport operator must maintain the certifications provided under
paragraph (n) of this section.
(4) Protection of records—all investigations. The records required by this section must be maintained in a manner
that is acceptable to TSA and in a
manner that protects the confidentiality of the individual.
(5) Duration—all investigations. The
records identified in this section with
regard to an individual must be maintained until 180 days after the termination of the individual’s unescorted
access authority. When files are no
longer maintained, the criminal record
must be destroyed.
(l) Continuing responsibilities. (1) Each
individual with unescorted access authority on December 6, 2001, who had a
disqualifying criminal offense in paragraph (d) of this section on or after December 6, 1991, must, by January 7,
2002, report the conviction to the air-

port operator and surrender the SIDA
access medium to the issuer.
(2) Each individual with unescorted
access authority who has a disqualifying criminal offense must report the
offense to the airport operator and surrender the SIDA access medium to the
issuer within 24 hours of the conviction
or the finding of not guilty by reason
of insanity.
(3) If information becomes available
to the airport operator or the airport
user indicating that an individual with
unescorted access authority has a disqualifying criminal offense, the airport
operator must determine the status of
the conviction. If a disqualifying offense is confirmed the airport operator
must
immediately
revoke
any
unescorted access authority.
(m) Exceptions. Notwithstanding the
requirements of this section, an airport
operator must authorize the following
individuals to have unescorted access
authority:
(1) An employee of the Federal, state,
or local government (including a law
enforcement officer) who, as a condition of employment, has been subjected
to an employment investigation that
includes a criminal records check.
(2) Notwithstanding the requirements
of this section, an airport operator
may authorize the following individuals to have unescorted access authority:
(i) An individual who has been continuously employed in a position requiring unescorted access authority by
another airport operator, airport user,
or aircraft operator, or contractor to
such an entity, provided the grant for
his or her unescorted access authority
was based upon a fingerprint-based
CHRC through TSA or FAA.
(ii) An individual who has been continuously employed by an aircraft operator or aircraft operator contractor,
in a position with authority to perform
screening functions, provided the grant
for his or her authority to perform
screening functions was based upon a
fingerprint-based CHRC through TSA
or FAA.
(n) Certifications by aircraft operators.
An airport operator is in compliance
with its obligation under paragraph (b)
or (c) of this section when the airport
operator accepts, for each individual

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Transportation Security Administration, DHS
seeking unescorted access authority,
certification from an aircraft operator
subject to part 1544 of this chapter indicating it has complied with § 1544.229
of this chapter for the aircraft operator’s employees and contractors seeking unescorted access authority. If the
airport operator accepts a certification
from the aircraft operator, the airport
operator may not require the aircraft
operator to provide a copy of the
CHRC.
(o) Airport operator responsibility. The
airport operator must—
(1) Designate the ASC, in the security program, or a direct employee if
the ASC is not a direct employee, to be
responsible for maintaining, controlling, and destroying the criminal
record files when their maintenance is
no longer required by paragraph (k) of
this section.
(2) Designate the ASC, in the security program, to serve as the contact
to receive notification from individuals
applying for unescorted access authority of their intent to seek correction of
their FBI criminal record.
(3) Audit the employment history investigations performed by the airport
operator in accordance with this section and 14 CFR 107.31 in effect prior to
November 14, 2001 (see 14 CFR Parts 60
through 139 revised as of January 1,
2001), and those investigations conducted by the airport users who provided certification to the airport operator. The audit program must be set
forth in the airport security program.
(p) Airport user responsibility. (1) The
airport user must report to the airport
operator information, as it becomes
available, that indicates an individual
with unescorted access authority may
have a disqualifying criminal offense.
(2) The airport user must maintain
and control, in compliance with paragraph (k) of this section, the employment history investigation files for investigations conducted before December 6, 2001, unless the airport operator
decides to maintain and control the
employment history investigation file.
(3) The airport user must provide the
airport operator with either the name
or title of the individual acting as custodian of the files described in this
paragraph (p), the address of the location where the files are maintained,

§ 1542.211

and the phone number of that location.
The airport user must provide the airport operator and TSA with access to
these files.
§ 1542.211 Identification systems.
(a) Personnel identification system. The
personnel identification system under
§§ 1542.201(b)(3) and 1542.205(b)(1) must
include the following:
(1) Personnel identification media
that—
(i) Convey a full-face image, full
name, employer, and identification
number of the individual to whom the
identification medium is issued;
(ii) Indicate clearly the scope of the
individual’s access and movement
privileges;
(iii) Indicate clearly an expiration
date; and
(iv) Are of sufficient size and appearance as to be readily observable for
challenge purposes.
(2) Procedures to ensure that each individual in the secured area or SIDA
continuously displays the identification medium issued to that individual
on the outermost garment above waist
level, or is under escort.
(3) Procedures to ensure accountability through the following:
(i) Retrieving expired identification
media and media of persons who no
longer have unescorted access authority.
(ii) Reporting lost or stolen identification media.
(iii) Securing unissued identification
media stock and supplies.
(iv) Auditing the system at a minimum of once a year or sooner, as necessary, to ensure the integrity and accountability
of
all
identification
media.
(v) As specified in the security program, revalidate the identification system or reissue identification media if a
portion of all issued, unexpired identification media are lost, stolen, or otherwise unaccounted for, including identification media that are combined
with access media.
(vi) Ensure that only one identification medium is issued to an individual
at a time, except for personnel who are
employed with more than one company
and require additional identification
media to carry out employment duties.

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§ 1542.213

49 CFR Ch. XII (10–1–15 Edition)

A replacement identification medium
may only be issued if an individual declares in writing that the medium has
been lost, stolen, or destroyed.
(b) Temporary identification media.
Each airport operator may issue personnel identification media in accordance with its security program to persons whose duties are expected to be
temporary. The temporary identification media system must include procedures and methods to—
(1) Retrieve temporary identification
media;
(2) Authorize the use of a temporary
media for a limited time only;
(3) Ensure that temporary media are
distinct from other identification
media and clearly display an expiration date; and
(4) Ensure that any identification
media also being used as an access
media meet the criteria of § 1542.207(d).
(c)
Airport-approved
identification
media. TSA may approve an amendment to the airport security program
that provides for the use of identification media meeting the criteria of this
section that are issued by entities
other than the airport operator, as described in the security program.
(d) Challenge program. Each airport
operator must establish and carry out
a challenge program that requires each
individual
who
has
authorized
unescorted access to secured areas and
SIDA’s to ascertain the authority of
any individual who is not displaying an
identification medium authorizing the
individual to be present in the area.
The challenge program must include
procedures to challenge individuals not
displaying airport approved identification media. The procedure must—
(1) Apply uniformly in secured areas,
SIDAs, and exclusive areas;
(2) Describe how to challenge an individual directly or report any individual
not visibly displaying an authorized
identification medium, including procedures to notify the appropriate authority; and
(3) Describe support of challenge procedures, including law enforcement and
any other responses to reports of individuals not displaying authorized identification media.
(e) Escorting. Each airport operator
must establish and implement proce-

dures for escorting individuals who do
not have unescorted access authority
to a secured area or SIDA that—
(1) Ensure that only individuals with
unescorted access authority are permitted to escort;
(2) Ensure that the escorted individuals are continuously accompanied or
monitored while within the secured
area or SIDA in a manner sufficient to
identify whether the escorted individual is engaged in activities other
than those for which escorted access
was granted, and to take action in accordance with the airport security program;
(3) Identify what action is to be
taken by the escort, or other authorized individual, should individuals
under escort engage in activities other
than those for which access was granted;
(4) Prescribe law enforcement support for escort procedures; and
(5) Ensure that individuals escorted
into a sterile area without being
screened under § 1544.201 of this chapter
remain under escort until they exit the
sterile area, or submit to screening
pursuant to § 1544.201 or § 1546.201 of this
chapter.
(f) Effective date. The identification
systems described in this section must
be implemented by each airport operator not later than November 14, 2003.
§ 1542.213

Training.

(a) Each airport operator must ensure that individuals performing security-related functions for the airport
operator are briefed on the provisions
of this part, Security Directives, and
Information Circulars, and the security
program, to the extent that such individuals need to know in order to perform their duties.
(b) An airport operator may not authorize any individual unescorted access to the secured area or SIDA, except as provided in § 1542.5, unless that
individual has successfully completed
training in accordance with TSA-approved curriculum specified in the security program. This curriculum must
detail the methods of instruction, provide attendees with an opportunity to
ask questions, and include at least the
following topics—

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(1) The unescorted access authority
of the individual to enter and be
present in various areas of the airport;
(2) Control, use, and display of airport-approved access and identification
media;
(3) Escort and challenge procedures
and the law enforcement support for
these procedures;
(4) Security responsibilities as specified in § 1540.105;
(5) Restrictions on divulging sensitive security information as described in part 1520 of this chapter; and
(6) Any other topics specified in the
security program.
(c) An airport operator may not authorize any individual unescorted access to the AOA, except as provided in
§ 1542.5, unless that individual has been
provided information in accordance
with the security program, including—
(1) The unescorted access authority
of the individual to enter and be
present in various areas of the airport;
(2) Control, use, and display of airport-approved access and identification
media, if appropriate;
(3) Escort and challenge procedures
and the law enforcement support for
these procedures, where applicable;
(4) Security responsibilities as specified in § 1540.105;
(5) Restrictions on divulging sensitive security information as described in part 1520 of this chapter; and
(6) Any other topics specified in the
security program.
(d) Each airport operator must maintain a record of all training and information given to each individual under
paragraphs (b) and (c) of this section
for 180 days after the termination of
that person’s unescorted access authority.
(e) As to persons with unescorted access to the SIDA on November 14, 2001,
training
on
responsibility
under
§ 1540.105 can be provided by making
relevant security information available.
(f) Training described in paragraph
(c) of this section must be implemented
by each airport operator not later than
November 14, 2002.
§ 1542.215 Law enforcement support.
(a) In accordance with § 1542.217, each
airport operator required to have a se-

§ 1542.217

curity program under § 1542.103(a) or (b)
must provide:
(1) Law enforcement personnel in the
number and manner adequate to support its security program.
(2) Uniformed law enforcement personnel in the number and manner adequate to support each system for
screening persons and accessible property required under part 1544 or 1546 of
this chapter, except to the extent that
TSA provides Federal law enforcement
support for the system.
(b) Each airport required to have a
security program under § 1542.103(c)
must ensure that:
(1) Law enforcement personnel are
available and committed to respond to
an incident in support of a civil aviation security program when requested
by an aircraft operator or foreign air
carrier that has a security program
under part 1544 or 1546 of this chapter.
(2) The procedures by which to request law enforcement support are provided to each aircraft operator or foreign air carrier that has a security program under part 1544 or 1546 of this
chapter.
§ 1542.217 Law enforcement personnel.
(a) Each airport operator must ensure that law enforcement personnel
used to meet the requirements of
§ 1542.215, meet the following qualifications while on duty at the airport—
(1) Have arrest authority described in
paragraph (b) of this section;
(2) Are identifiable by appropriate indicia of authority;
(3) Are armed with a firearm and authorized to use it; and
(4) Have completed a training program that meets the requirements of
paragraphs (c) and (d) of this section.
(b) Each airport operator must ensure that each individual used to meet
the requirements of § 1542.215 have the
authority to arrest, with or without a
warrant, while on duty at the airport
for the following violations of the
criminal laws of the State and local jurisdictions in which the airport is located—
(1) A crime committed in the presence of the individual; and
(2) A felony, when the individual has
reason to believe that the suspect has
committed it.

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§ 1542.219

49 CFR Ch. XII (10–1–15 Edition)

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(c) The training program required by
paragraph (a)(4) of this section must—
(1) Meet the training standard for law
enforcement officers prescribed by either the State or local jurisdiction in
which the airport is located for law enforcement officers performing comparable functions.
(2) Specify and require training
standards for private law enforcement
personnel acceptable to TSA, if the
State and local jurisdictions in which
the airport is located do not prescribe
training standards for private law enforcement personnel that meets the
standards in paragraph (a) of this section.
(3) Include training in—
(i) The use of firearms;
(ii) The courteous and efficient treatment of persons subject to inspection,
detention, search, arrest, and other
aviation security activities;
(iii) The responsibilities of law enforcement personnel under the security
program; and
(iv) Any other subject TSA determines is necessary.
(d) Each airport operator must document the training program required by
paragraph (a)(4) of this section and
maintain documentation of training at
a location specified in the security program until 180 days after the departure
or removal of each person providing
law enforcement support at the airport.
§ 1542.219 Supplementing law enforcement personnel.
(a) When TSA decides, after being notified by an airport operator as prescribed in this section, that not enough
qualified State, local, and private law
enforcement personnel are available to
carry out the requirements of § 1542.215,
TSA may authorize the airport operator to use, on a reimbursable basis,
personnel employed by TSA, or by another department, agency, or instrumentality of the Government with the
consent of the head of the department,
agency, or instrumentality to supplement State, local, and private law enforcement personnel.
(b) Each request for the use of Federal personnel must be submitted to
TSA and include the following information:

(1) The number of passengers enplaned at the airport during the preceding calendar year and the current
calendar year as of the date of the request.
(2) The anticipated risk of criminal
violence, sabotage, aircraft piracy, and
other unlawful interference to civil
aviation operations.
(3) A copy of that portion of the security program which describes the law
enforcement support necessary to comply with § 1542.215.
(4) The availability of law enforcement personnel who meet the requirements of § 1542.217, including a description of the airport operator’s efforts to
obtain law enforcement support from
State, local, and private agencies and
the responses of those agencies.
(5) The airport operator’s estimate of
the number of Federal personnel needed to supplement available law enforcement personnel and the period of time
for which they are needed.
(6) A statement acknowledging responsibility for providing reimbursement for the cost of providing Federal
personnel.
(7) Any other information TSA considers necessary.
(c) In response to a request submitted
in accordance with this section, TSA
may authorize, on a reimbursable
basis, the use of personnel employed by
a Federal agency, with the consent of
the head of that agency.
§ 1542.221 Records of law enforcement
response.
(a) Each airport operator must ensure that—
(1) A record is made of each law enforcement action taken in furtherance
of this part; and
(2) The record is maintained for a
minimum of 180 days.
(b) Data developed in response to
paragraph (a) of this section must include at least the following, except as
authorized by TSA:
(1) The number and type of weapons,
explosives, or incendiaries discovered
during any passenger-screening process, and the method of detection of
each.
(2) The number of acts and attempted
acts of aircraft piracy.

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Transportation Security Administration, DHS
(3) The number of bomb threats received, real and simulated bombs
found, and actual detonations on the
airport.
(4) The number of arrests, including—
(i) Name, address, and the immediate
disposition of each individual arrested;
(ii) Type of weapon, explosive, or incendiary confiscated, as appropriate;
and
(iii) Identification of the aircraft operators or foreign air carriers on which
the individual arrested was, or was
scheduled to be, a passenger or which
screened that individual, as appropriate.

Subpart D—Contingency
Measures

jstallworth on DSK7TPTVN1PROD with CFR

§ 1542.301 Contingency plan.
(a) Each airport operator required to
have
a
security
program
under
§ 1542.103(a) and (b) must adopt a contingency plan and must:
(1) Implement its contingency plan
when directed by TSA.
(2) Conduct reviews and exercises of
its contingency plan as specified in the
security program with all persons having responsibilities under the plan.
(3) Ensure that all parties involved
know their responsibilities and that all
information contained in the plan is
current.
(b) TSA may approve alternative implementation measures, reviews, and
exercises to the contingency plan
which will provide an overall level of
security equal to the contingency plan
under paragraph (a) of this section.
§ 1542.303 Security Directives and Information Circulars.
(a) TSA may issue an Information
Circular to notify airport operators of
security concerns. When TSA determines that additional security measures are necessary to respond to a
threat assessment or to a specific
threat against civil aviation, TSA
issues a Security Directive setting
forth mandatory measures.
(b) Each airport operator must comply with each Security Directive issued
to the airport operator within the time
prescribed in the Security Directive.
(c) Each airport operator that receives a Security Directive must—

§ 1542.305

(1) Within the time prescribed in the
Security Directive, verbally acknowledge receipt of the Security Directive
to TSA.
(2) Within the time prescribed in the
Security Directive, specify the method
by which the measures in the Security
Directive have been implemented (or
will be implemented, if the Security
Directive is not yet effective).
(d) In the event that the airport operator is unable to implement the measures in the Security Directive, the airport operator must submit proposed alternative measures and the basis for
submitting the alternative measures to
TSA for approval. The airport operator
must submit the proposed alternative
measures within the time prescribed in
the Security Directive. The airport operator must implement any alternative
measures approved by TSA.
(e) Each airport operator that receives a Security Directive may comment on the Security Directive by submitting data, views, or arguments in
writing to TSA. TSA may amend the
Security Directive based on comments
received. Submission of a comment
does not delay the effective date of the
Security Directive.
(f) Each airport operator that receives a Security Directive or an Information Circular and each person who
receives information from a Security
Directive or an Information Circular
must:
(1) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with
an operational need-to-know.
(2) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those who
have an operational need to know without the prior written consent of TSA.
§ 1542.305 Public advisories.
When advised by TSA, each airport
operator must prominently display and
maintain in public areas information
concerning foreign airports that, in the
judgment of the Secretary of Transportation, do not maintain and administer
effective security measures. This information must be posted in the manner
specified in the security program and

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§ 1542.307

49 CFR Ch. XII (10–1–15 Edition)

for such a period of time determined by
the Secretary of Transportation.
§ 1542.307 Incident management.
(a) Each airport operator must establish procedures to evaluate bomb
threats, threats of sabotage, aircraft
piracy, and other unlawful interference
to civil aviation operations.
(b) Immediately upon direct or referred receipt of a threat of any of the
incidents described in paragraph (a) of
this section, each airport operator
must—
(1) Evaluate the threat in accordance
with its security program;
(2) Initiate appropriate action as
specified in the Airport Emergency
Plan under 14 CFR 139.325; and
(3) Immediately notify TSA of acts,
or suspected acts, of unlawful interference to civil aviation operations, including specific bomb threats to aircraft and airport facilities.
(c) Airport operators required to have
a security program under § 1542.103(c)
but not subject to 14 CFR part 139,
must develop emergency response procedures to incidents of threats identified in paragraph (a) of this section.
(d) To ensure that all parties know
their responsibilities and that all procedures are current, at least once every
12 calendar months each airport operator must review the procedures required in paragraphs (a) and (b) of this
section with all persons having responsibilities for such procedures.

PART 1544—AIRCRAFT OPERATOR
SECURITY: AIR CARRIERS AND
COMMERCIAL OPERATORS
Subpart A—General
Sec.
1544.1
1544.3

Subpart B—Security Program
Adoption and implementation.
Form, content, and availability.
Approval and amendments.

Subpart C—Operations
jstallworth on DSK7TPTVN1PROD with CFR

Subpart D—Threat and Threat Response
1544.301
1544.303
1544.305
tion

Contingency plan.
Bomb or air piracy threats.
Security Directives and InformaCirculars.

Subpart E—Screener Qualifications When
the Aircraft Operator Performs Screening
1544.401 Applicability of this subpart.
1544.403 [Reserved]
1544.405 Qualifications of screening personnel.
1544.407 Training, testing, and knowledge of
individuals who perform screening functions.
1544.409 Integrity of screener tests.
1544.411 Continuing qualifications of screening personnel.

Applicability of this part.
TSA inspection authority.

1544.101
1544.103
1544.105

1544.202 Persons and property onboard an
all-cargo aircraft.
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 Access to cargo and cargo screening: Security threat assessments for
cargo personnel in the United States.
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 Known shipper program.

1544.201 Acceptance and screening of individuals and accessible property.
1544.203 Acceptance
and
screening
of
checked baggage.

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.

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