49 Cfr 1540

§ 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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Transportation Security Administration, DHS

Subpart A—General
§ 1544.1

Applicability of this part.

(a) This part prescribes aviation security rules governing the following:
(1) The operations of aircraft operators holding operating certificates
under 14 CFR part 119 for scheduled
passenger operations, public charter
passenger operations, private charter
passenger operations; the operations of
aircraft operators holding operating
certificates under 14 CFR part 119 operating aircraft with a maximum certificated takeoff weight of 12,500 pounds or
more; and other aircraft operators
adopting and obtaining approval of an
aircraft operator security program.
(2) Each law enforcement officer flying armed aboard an aircraft operated
by an aircraft operator described in
paragraph (a)(1) of this section.
(3) Each aircraft operator that receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular issued
by TSA.
(b) As used in this part, ‘‘aircraft operator’’ means an aircraft operator
subject to this part as described in
§ 1544.101.
[67 FR 8364, Feb. 22, 2002, as amended at 67
FR 8209, Feb. 22, 2002]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.3

TSA inspection authority.

(a) Each aircraft operator must allow
TSA, at any time or place, to make
any inspections or tests, including
copying records, to determine compliance of an airport operator, aircraft operator, foreign air carrier, indirect air
carrier, or other airport tenants with—
(1) This subchapter and any security
program under this subchapter, and
part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of TSA, each aircraft operator must provide evidence of
compliance with this part and its security program, including copies of
records.
(c) TSA may enter and be present
within secured areas, AOAs, SIDAs,
and other areas where security measures required by TSA are carried out,
without access media or identification

§ 1544.101

media issued or approved by an airport
operator or aircraft operator, in order
to inspect or test compliance, or perform other such duties as TSA may direct.
(d) At the request of TSA and the
completion of SIDA training as required in a security program, each aircraft operator must promptly issue to
TSA personnel access and identification media to provide TSA personnel
with unescorted access to, and movement within, areas controlled by the
aircraft operator under an exclusive
area agreement.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]

Subpart B—Security Program
§ 1544.101 Adoption and implementation.
(a) Full program. Each aircraft operator must carry out subparts C, D, and
E of this part and must adopt and carry
out a security program that meets the
requirements of § 1544.103 for each of
the following operations:
(1) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger seating
configuration of 61 or more seats.
(2) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger seating
configuration of 60 or fewer seats when
passengers are enplaned from or
deplaned into a sterile area.
(b) Partial program—adoption. Each
aircraft operator must carry out the
requirements specified in paragraph (c)
of this section for each of the following
operations:
(1) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger-seating
configuration of 31 or more but 60 or
fewer seats that does not enplane from
or deplane into a sterile area.
(2) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger-seating
configuration of 60 or fewer seats engaged in operations to, from, or outside
the United States that does not enplane from or deplane into a sterile
area.
(c) Partial program-content: For operations described in paragraph (b) of

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§ 1544.101

49 CFR Ch. XII (10–1–15 Edition)

this section, the aircraft operator must
carry out the following, and must
adopt and carry out a security program
that meets the applicable requirements
in § 1544.103 (c):
(1) The requirements of §§ 1544.215,
1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301, 1544.303, and
1544.305.
(2) Other provisions of subparts C, D,
and E of this part that TSA has approved upon request.
(3) The remaining requirements of
subparts C, D, and E when TSA notifies
the aircraft operator in writing that a
security threat exists concerning that
operation.
(d) Twelve-five program-adoption: Each
aircraft operator must carry out the
requirements of paragraph (e) of this
section for each operation that meets
all of the following—
(1) Is an aircraft with a maximum
certificated takeoff weight of more
than 12,500 pounds;
(2) Is in scheduled or charter service;
(3) Is carrying passengers or cargo or
both; and
(4) Is not under a full program, partial program, or full all-cargo program
under paragraph (a), (b), or (h) of this
section.
(e) Twelve-five program-contents: For
each operation described in paragraph
(d) of this section, the aircraft operator
must carry out the following, and must
adopt and carry out a security program
that meets the applicable requirements
of § 1544.103 (c):
(1) The requirements of §§ 1544.215,
1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301(a) and (b),
1544.303, and 1544.305; and in addition,
for all-cargo operations of §§ 1544.202,
1544.205(a), (b), (d), and (f).
(2) Other provisions of subparts C, D,
and E that TSA has approved upon request.
(3) The remaining requirements of
subparts C, D, and E when TSA notifies
the aircraft operator in writing that a
security threat exists concerning that
operation.
(f) Private charter program. In addition
to paragraph (d) of this section, if applicable, each aircraft operator must
carry out §§ 1544.201, 1544.207, 1544.209,
1544.211, 1544.215, 1544.217, 1544.219,
1544.225, 1544.229, 1544.230, 1544.233,

1544.235, 1544.303, and 1544.305, and subpart E of this part and—
(1) Must adopt and carry out a security program that meets the applicable
requirements of § 1544.103 for each private charter passenger operation in
which—
(i) The passengers are enplaned from
or deplaned into a sterile area; or
(ii) The aircraft has a maximum certificated takeoff weight greater than
45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or
more, and is not a government charter
under paragraph (2) of the definition of
private charter in § 1540.5 of this chapter.
(2) The Administrator may authorize
alternate procedures under paragraph
(f)(1) of this section as appropriate.
(g) Limited program: In addition to
paragraph (d) of this section, if applicable, TSA may approve a security program after receiving a request by an
aircraft operator holding a certificate
under 14 CFR part 119, other than one
identified in paragraph (a), (b), (d), or
(f) of this section. The aircraft operator
must—
(1) Carry out selected provisions of
subparts C, D, and E;
(2) Carry out the provisions of
§ 1544.305, as specified in its security
program; and
(3) Adopt and carry out a security
program that meets the applicable requirements of § 1544.103 (c).
(h) Full all-cargo program—adoption:
Each aircraft operator must carry out
the requirements of paragraph (i) of
this section for each operation that
is—
(1) In an aircraft with a maximum
certificated takeoff weight of more
than 45,500 kg (100,309.3 pounds); and
(2) Carrying cargo and authorized
persons and no passengers.
(i) Full all-cargo program—contents:
For each operation described in paragraph (h) of this section, the aircraft
operator must carry out the following,
and must adopt and carry out a security program that meets the applicable
requirements of § 1544.103(c):
(1) The requirements of §§ 1544.202,
1544.205, 1544.207, 1544.209, 1544.211,
1544.215, 1544.217, 1544.219, 1544.225,
1544.227, 1544.228, 1544.229, 1544.230,

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Transportation Security Administration, DHS
1544.231, 1544.233, 1544.235, 1544.237,
1544.301, 1544.303, and 1544.305.
(2) Other provisions of subpart C of
this part that TSA has approved upon
request.
(3) The remaining requirements of
subpart C of this part when TSA notifies the aircraft operator in writing
that a security threat exists concerning that operation.

jstallworth on DSK7TPTVN1PROD with CFR

[67 FR 8364, Feb. 22, 2002, as amended at 67
FR 8209, Feb. 22, 2002; 67 FR 41639, June 19,
2002; 67 FR 79887, Dec. 31, 2002; 71 FR 30510,
May 26, 2006]

§ 1544.103 Form, content, and availability.
(a) General requirements. Each security program must:
(1) Provide for the safety of persons
and property traveling on flights provided by the aircraft operator against
acts of criminal violence and air piracy, and the introduction of explosives, incendiaries, or weapons aboard
an aircraft.
(2) Be in writing and signed by the
aircraft operator or any person delegated authority in this matter.
(3) Be approved by TSA.
(b) Availability. Each aircraft operator having a security program must:
(1) Maintain an original copy of the
security program at its corporate office.
(2) Have accessible a complete copy,
or the pertinent portions of its security
program, or appropriate implementing
instructions, at each airport served. An
electronic version of the program is
adequate.
(3) Make a copy of the security program available for inspection upon request of TSA.
(4) Restrict the distribution, disclosure, and availability of information
contained in the security program to
persons with a need-to-know as described in part 1520 of this chapter.
(5) Refer requests for such information by other persons to TSA.
(c) Content. The security program
must include, as specified for that aircraft operator in § 1544.101, the following:
(1) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.201 regarding the acceptance and

§ 1544.103

screening of individuals and their accessible property, including, if applicable, the carriage weapons as part of
State-required emergency equipment.
(2) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.203 regarding the acceptance and
screening of checked baggage.
(3) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.205 regarding the acceptance and
screening of cargo.
(4) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.207 regarding the screening of individuals and property.
(5) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.209 regarding the use of metal detection devices.
(6) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.211 regarding the use of x-ray systems.
(7) The procedures and description of
the facilities and equipment used to
comply with the requirements of
§ 1544.213 regarding the use of explosives detection systems.
(8) The procedures used to comply
with the requirements of § 1544.215 regarding the responsibilities of security
coordinators. The names of the Aircraft Operator Security Coordinator
(AOSC) and any alternate, and the
means for contacting the AOSC(s) on a
24-hour basis, as provided in § 1544.215.
(9) The procedures used to comply
with the requirements of § 1544.217 regarding the requirements for law enforcement personnel.
(10) The procedures used to comply
with the requirements of § 1544.219 regarding carriage of accessible weapons.
(11) The procedures used to comply
with the requirements of § 1544.221 regarding carriage of prisoners under the
control of armed law enforcement officers.
(12) The procedures used to comply
with the requirements of § 1544.223 regarding transportation of Federal Air
Marshals.

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§ 1544.105

49 CFR Ch. XII (10–1–15 Edition)

(13) The procedures and description of
the facilities and equipment used to
perform the aircraft and facilities control function specified in § 1544.225.
(14) The specific locations where the
air carrier has entered into an exclusive area agreement under § 1544.227.
(15) The procedures used to comply
with the applicable requirements of
§§ 1544.229 and 1544.230 regarding fingerprint-based criminal history records
checks.
(16) The procedures used to comply
with the requirements of § 1544.231 regarding personnel identification systems.
(17) The procedures and syllabi used
to accomplish the training required
under § 1544.233.
(18) The procedures and syllabi used
to accomplish the training required
under § 1544.235.
(19) An aviation security contingency
plan as specified under § 1544.301.
(20) The procedures used to comply
with the requirements of § 1544.303 regarding bomb and air piracy threats.
(21) The procedures used to comply
with § 1544.237 regarding flight deck
privileges.
(22) The Aircraft Operator Implementation Plan (AOIP) as required under 49
CFR 1560.109.

jstallworth on DSK7TPTVN1PROD with CFR

[67 FR 8364, Feb. 22, 2002, as amended at 67
FR 8209, Feb. 22, 2002; 73 FR 64061, Oct. 28,
2008]

§ 1544.105 Approval and amendments.
(a) Initial approval of security program.
Unless otherwise authorized by TSA,
each aircraft operator required to have
a security program under this part
must submit its proposed security program to the designated official for approval at least 90 days before the intended date of operations. The proposed security program must meet the
requirements applicable to its operation as described in § 1544.101. Such requests will be processed as follows:
(1) The designated official, within 30
days after receiving the proposed aircraft operator security program, will
either approve the program or give the
aircraft operator written notice to
modify the program to comply with the
applicable requirements of this part.
(2) The aircraft operator may either
submit a modified security program to

the designated official for approval, or
petition the Administrator to reconsider the notice to modify within 30
days of receiving a notice to modify. A
petition for reconsideration must be
filed with the designated official.
(3) The designated official, upon receipt of a petition for reconsideration,
either amends or withdraws the notice,
or transmits the petition, together
with any pertinent information, to the
Administrator for reconsideration. The
Administrator disposes of the petition
within 30 days of receipt by either directing the designated official to withdraw or amend the notice to modify, or
by affirming the notice to modify.
(b) Amendment requested by an aircraft
operator. An aircraft operator may submit a request to TSA to amend its security program as follows:
(1) The request for an amendment
must be filed with the designated official at least 45 days before the date it
proposes for the amendment to become
effective, unless a shorter period is allowed by the designated official.
(2) Within 30 days after receiving a
proposed amendment, the designated
official, in writing, either approves or
denies the request to amend.
(3) An amendment to an aircraft operator security program may be approved if the designated official determines that safety and the public interest will allow it, and the proposed
amendment provides the level of security required under this part.
(4) Within 30 days after receiving a
denial, the aircraft operator may petition the Administrator to reconsider
the denial. A petition for reconsideration must be filed with the designated
official.
(5) Upon receipt of a petition for reconsideration, the designated official
either approves the request to amend
or transmits the petition, together
with any pertinent information, to the
Administrator for reconsideration. The
Administrator disposes of the petition
within 30 days of receipt by either directing the designated official to approve the amendment, or affirming the
denial.
(6) Any aircraft operator may submit
a group proposal for an amendment

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

§ 1544.201

of this section; however, this does not
stay the effective date of the emergency amendment.
[67 FR 8353, Feb. 22, 2002, as amended at 76
FR 51867, Aug. 18, 2011]

Subpart C—Operations
§ 1544.201 Acceptance and screening of
individuals and accessible property.
(a) Preventing or deterring the carriage
of any explosive, incendiary, or deadly or
dangerous weapon. Each aircraft operator must use the measures in its security program to prevent or deter the
carriage of any weapon, explosive, or
incendiary on or about each individual’s person or accessible property before boarding an aircraft or entering a
sterile area.
(b) Screening of individuals and accessible property. Except as provided in its
security program, each aircraft operator must ensure that each individual
entering a sterile area at each preboard
screening checkpoint for which it is responsible, and all accessible property
under that individual’s control, are inspected for weapons, explosives, and incendiaries as provided in § 1544.207.
(c) Refusal to transport. Each aircraft
operator must deny entry into a sterile
area and must refuse to transport—
(1) Any individual who does not consent to a search or inspection of his or
her person in accordance with the system prescribed in this part; and
(2) Any property of any individual or
other person who does not consent to a
search or inspection of that property in
accordance with the system prescribed
by this part.
(d) Prohibitions on carrying a weapon,
explosive, or incendiary. Except as provided in §§ 1544.219, 1544.221, and 1544.223,
no aircraft operator may permit any
individual to have a weapon, explosive,
or incendiary, on or about the individual’s person or accessible property
when onboard an aircraft.
(e) Staffing. Each aircraft operator
must staff its security screening checkpoints with supervisory and non-supervisory personnel in accordance with
the standards specified in its security
program.

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§ 1544.202

49 CFR Ch. XII (10–1–15 Edition)

§ 1544.202 Persons and property onboard an all-cargo aircraft.
Each aircraft operator operating
under a full all-cargo program, or a
twelve-five program in an all-cargo operation, must apply the security measures in its security program for persons
who board the aircraft for transportation, and for their property, to prevent or deter the carriage of any unauthorized persons, and any unauthorized
weapons, explosives, incendiaries, and
other destructive devices, items, or
substances.
[71 FR 30510, May 26, 2006]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.203 Acceptance and screening of
checked baggage.
(a) Preventing or deterring the carriage
of any explosive or incendiary. Each aircraft operator must use the procedures,
facilities, and equipment described in
its security program to prevent or
deter the carriage of any unauthorized
explosive or incendiary onboard aircraft in checked baggage.
(b) Acceptance. Each aircraft operator
must ensure that checked baggage carried in the aircraft is received by its
authorized aircraft operator representative.
(c) Screening of checked baggage. Except as provided in its security program, each aircraft operator must ensure that all checked baggage is inspected for explosives and incendiaries
before loading it on its aircraft, in accordance with § 1544.207.
(d) Control. Each aircraft operator
must use the procedures in its security
program to control checked baggage
that it accepts for transport on an aircraft, in a manner that:
(1) Prevents the unauthorized carriage of any explosive or incendiary
aboard the aircraft.
(2) Prevents access by persons other
than an aircraft operator employee or
its agent.
(e) Refusal to transport. Each aircraft
operator must refuse to transport any
individual’s checked baggage or property if the individual does not consent
to a search or inspection of that
checked baggage or property in accordance with the system prescribed by
this part.

(f) Firearms in checked baggage. No
aircraft operator may knowingly permit any person to transport in checked
baggage:
(1) Any loaded firearm(s).
(2) Any unloaded firearm(s) unless—
(i) The passenger declares to the aircraft operator, either orally or in writing before checking the baggage that
any firearm carried in the baggage is
unloaded;
(ii) The firearm is carried in a hardsided container;
(iii) The container in which it is carried is locked, and only the individual
checking the baggage retains the key
or combination; and
(iv) The checked baggage containing
the firearm is carried in an area that is
inaccessible to passengers, and is not
carried in the flightcrew compartment,.
(3) Any unauthorized explosive or incendiary.
(g) Ammunition. This section does not
prohibit the carriage of ammunition in
checked baggage or in the same container as a firearm. Title 49 CFR part
175 provides additional requirements
governing carriage of ammunition on
aircraft.
§ 1544.205 Acceptance and screening of
cargo.
(a) Preventing or deterring the carriage
of any explosive or incendiary. Each aircraft operator operating under a full
program, a full all-cargo program, or a
twelve-five program in an all-cargo operation, must use the procedures, facilities, and equipment described in its
security program to prevent or deter
the carriage of any unauthorized persons, and any unauthorized explosives,
incendiaries, and other destructive substances or items in cargo onboard an
aircraft.
(b) Screening and inspection of cargo.
Each aircraft operator operating under
a full program or a full all-cargo program, or a twelve-five program in an
all-cargo operation, must ensure that
cargo is screened and inspected for any
unauthorized person, and any unauthorized explosive, incendiary, and
other destructive substance or item as
provided in the aircraft operator’s security program and § 1544.207, and as
provided in § 1544.239 for operations

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Transportation Security Administration, DHS
under a full program, before loading it
on its aircraft.
(c) Control. Each aircraft operator operating under a full program or a full
all-cargo program must use the procedures in its security program to control cargo that it accepts for transport
on an aircraft in a manner that:
(1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other
destructive substance or item in cargo
onboard an aircraft.
(2) Prevents unescorted access by
persons other than an authorized aircraft operator employee or agent, or
persons authorized by the airport operator or host government.
(d) Refusal to transport. Except as otherwise provided in its program, each
aircraft operator operating under a full
program, a full all-cargo program, or a
twelve-five program in an all-cargo operation, must refuse to transport any
cargo if the shipper does not consent to
a search or inspection of that cargo in
accordance with the system prescribed
by this part.
(e) Acceptance of cargo only from specified persons. Each aircraft operator operating under a full program or a full
all-cargo program may accept cargo to
be loaded in the United States for air
transportation only from the shipper,
an aircraft operator, foreign air carrier, or indirect air carrier operating
under a security program under this
chapter with a comparable cargo security program, or, in the case of an operator under a full program, from a certified cargo screening facility, as provided in its security program.
(f) Acceptance and screening of cargo
outside the United States. For cargo to
be loaded on its aircraft outside the
United States, each aircraft operator
must carry out the requirements of its
security program.
(g) Screening of cargo loaded inside the
United States by a full program operator.
For cargo to be loaded in the United
States, each operator under a full program in § 1544.101(a) must ensure that
all cargo is screened in the United
States as follows:
(1) Amount screened. (i) Not later than
February 3, 2009, each operator under a
full program must ensure that at least

§ 1544.207

50 percent of its cargo is screened prior
to transport on a passenger aircraft.
(ii) Not later than August 3, 2010,
each operator under a full program
must ensure that 100 percent of its
cargo is screened prior to transport on
a passenger aircraft.
(2) Methods of screening. For the purposes of this paragraph (g), the aircraft
operator must ensure that cargo is
screened using a physical examination
or non-intrusive method of assessing
whether cargo poses a threat to transportation security, as provided in its
security program. Such methods may
include TSA-approved x-ray systems,
explosives detection systems, explosives trace detection, explosives detection canine teams certified by TSA, or
a physical search together with manifest verification, or other method approved by TSA.
(3) Limitation on who may conduct
screening. Screening must be conducted
by the aircraft operator, by another
aircraft operator or foreign air carrier
operating under a security program
under this chapter with a comparable
cargo security program, by a certified
cargo screening facility in accordance
with 49 CFR part 1549, or by TSA.
(4) Verification. The aircraft operator
must verify that the chain of custody
measures for the screened cargo are intact prior to loading such cargo on aircraft, or must ensure that the cargo is
re-screened in accordance with this
chapter.
[71 FR 30510, May 26, 2006, as amended at 74
FR 47703, Sept. 16, 2009; 76 FR 51867, Aug. 18,
2011; 76 FR 53080, Aug. 25, 2011]

§ 1544.207 Screening of individuals
and property.
(a) Applicability of this section. This
section applies to the inspection of individuals, accessible property, checked
baggage, and cargo as required under
this part.
(b) Locations within the United States
at which TSA conducts screening. Each
aircraft operator must ensure that the
individuals or property have been inspected by TSA before boarding or
loading on its aircraft. This paragraph
applies when TSA is conducting screening using TSA employees or when
using companies under contract with
TSA.

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§ 1544.209

49 CFR Ch. XII (10–1–15 Edition)

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.209 Use of metal detection devices.
(a) No aircraft operator may use a
metal detection device within the
United States or under the aircraft operator’s operational control outside the
United States to inspect persons, unless specifically authorized under a security program under this part. No aircraft operator may use such a device
contrary to its security program.
(b) Metal detection devices must
meet the calibration standards established by TSA.
§ 1544.211 Use of X-ray systems.
(a) TSA authorization required. No aircraft operator may use any X-ray system within the United States or under
the aircraft operator’s operational control outside the United States to inspect accessible property or checked
baggage, unless specifically authorized
under its security program. No aircraft
operator may use such a system in a
manner contrary to its security program. TSA authorizes aircraft operators to use X-ray systems for inspecting accessible property or checked baggage under a security program if the
aircraft operator shows that—
(1) The system meets the standards
for cabinet X-ray systems primarily for
the inspection of baggage issued by the
Food and Drug Administration (FDA)
and published in 21 CFR 1020.40;
(2) A program for initial and recurrent training of operators of the system is established, which includes
training in radiation safety, the effi-

cient use of X-ray systems, and the
identification of weapons, explosives,
and incendiaries; and
(3) The system meets the imaging requirements set forth in its security
program using the step wedge specified
in American Society for Testing Materials (ASTM) Standard F792–88 (Reapproved 1993). This standard is incorporated by reference in paragraph (g) of
this section.
(b) Annual radiation survey. No aircraft operator may use any X-ray system unless, within the preceding 12 calendar months, a radiation survey is
conducted that shows that the system
meets the applicable performance
standards in 21 CFR 1020.40.
(c) Radiation survey after installation
or moving. No aircraft operator may use
any X-ray system after the system has
been installed at a screening point or
after the system has been moved unless
a radiation survey is conducted which
shows that the system meets the applicable performance standards in 21 CFR
1020.40. A radiation survey is not required for an X-ray system that is designed and constructed as a mobile
unit and the aircraft operator shows
that it can be moved without altering
its performance.
(d) Defect notice or modification order.
No aircraft operator may use any Xray system that is not in full compliance with any defect notice or modification order issued for that system by
the FDA, unless the FDA has advised
TSA that the defect or failure to comply does not create a significant risk of
injury, including genetic injury, to any
person.
(e) Signs and inspection of photographic equipment and film. (1) At locations at which an aircraft operator
uses an X-ray system to inspect accessible property the aircraft operator
must ensure that a sign is posted in a
conspicuous place at the screening
checkpoint. At locations outside the
United States at which a foreign government uses an X-ray system to inspect accessible property the aircraft
operator must ensure that a sign is
posted in a conspicuous place at the
screening checkpoint.
(2) At locations at which an aircraft
operator or TSA uses an X-ray system
to inspect checked baggage the aircraft

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Transportation Security Administration, DHS
operator must ensure that a sign is
posted in a conspicuous place where
the aircraft operator accepts checked
baggage.
(3) The signs required under this
paragraph (e) must notify individuals
that such items are being inspected by
an X-ray and advise them to remove all
X-ray, scientific, and high-speed film
from accessible property and checked
baggage before inspection. This sign
must also advise individuals that they
may request that an inspection be
made of their photographic equipment
and film packages without exposure to
an X-ray system. If the X-ray system
exposes any accessible property or
checked baggage to more than one
milliroentgen during the inspection,
the sign must advise individuals to remove film of all kinds from their articles before inspection.
(4) If requested by individuals, their
photographic equipment and film packages must be inspected without exposure to an X-ray system.
(f) Radiation survey verification after
installation or moving. Each aircraft operator must maintain at least one copy
of the results of the most recent radiation survey conducted under paragraph (b) or (c) of this section and must
make it available for inspection upon
request by TSA at each of the following locations—
(1) The aircraft operator’s principal
business office; and
(2) The place where the X-ray system
is in operation.
(g) Incorporation by reference. The
American Society for Testing and Materials (ASTM) Standard F792–88 (Reapproved 1993), ‘‘Standard Practice for
Design and Use of Ionizing Radiation
Equipment for the Detection of Items
Prohibited
in
Controlled
Access
Areas,’’ is approved for incorporation
by reference by the Director of the
Federal Register pursuant to 5 U.S.C.
552(a) and l CFR part 51. ASTM Standard F792–88 may be examined at the Department of Transportation (DOT)
Docket, 400 Seventh Street SW, Room
Plaza 401, Washington, DC 20590, or on
DOT’s Docket Management System
(DMS) web page at http://dms.dot.gov/
search (under docket number FAA–2001–
8725). Copies of the standard may be examined also at the National Archives

§ 1544.213

and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html. In addition, ASTM
Standard F792–88 (Reapproved 1993)
may be obtained from the American
Society for Testing and Materials, 100
Barr
Harbor
Drive,
West
Conshohocken, PA 19428–2959.
(h) Duty time limitations. Each aircraft
operator must comply with the X-ray
operator duty time limitations specified in its security program.
[67 FR 8364, Feb. 22, 2002, as amended at 69
FR 18803, Apr. 9, 2004]

§ 1544.213 Use of explosives detection
systems.
(a) Use of explosive detection equipment. If TSA so requires by an amendment to an aircraft operator’s security
program, each aircraft operator required to conduct screening under a security program must use an explosives
detection system approved by TSA to
screen checked baggage on international flights.
(b) Signs and inspection of photographic equipment and film. (1) At locations at which an aircraft operator or
TSA uses an explosives detection system that uses X-ray technology to inspect checked baggage the aircraft operator must ensure that a sign is posted in a conspicuous place where the
aircraft operator accepts checked baggage. The sign must notify individuals
that such items are being inspected by
an explosives detection system and advise them to remove all X-ray, scientific, and high-speed film from
checked baggage before inspection.
This sign must also advise individuals
that they may request that an inspection be made of their photographic
equipment and film packages without
exposure to an explosives detection
system.
(2) If the explosives detection system
exposes any checked baggage to more
than one milliroentgen during the inspection the aircraft operator must
post a sign which advises individuals to
remove film of all kinds from their articles before inspection. If requested by

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§ 1544.215

49 CFR Ch. XII (10–1–15 Edition)

individuals, their photographic equipment and film packages must be inspected without exposure to an explosives detection system.
§ 1544.215

Security coordinators.

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.217

Law enforcement personnel.

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

(1) For operations described in
§ 1544.101(a) each aircraft operator must
provide for law enforcement personnel
meeting the qualifications and standards specified in §§ 1542.215 and 1542.217
of this chapter.
(2) For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(i) Arrange for law enforcement personnel meeting the qualifications and
standards specified in § 1542.217 of this
chapter to be available to respond to
an incident; and
(ii) Provide its employees, including
crewmembers, current information regarding procedures for obtaining law
enforcement assistance at that airport.
(b) The following applies to operations at airports required to hold security programs under part 1542 of this
chapter. For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(1) Arrange with TSA and the airport
operator, as appropriate, for law enforcement personnel meeting the qualifications and standards specified in
§ 1542.217 of this chapter to be available
to respond to incidents, and
(2) Provide its employees, including
crewmembers, current information regarding procedures for obtaining law
enforcement assistance at that airport.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]

§ 1544.219
ons.

Carriage of accessible weap-

(a) Flights for which screening is conducted. The provisions of § 1544.201(d),
with respect to accessible weapons, do
not apply to a law enforcement officer
(LEO) aboard a flight for which screening is required if the requirements of
this section are met. Paragraph (a) of
this section does not apply to a Federal
Air Marshal on duty status under
§ 1544.223.

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Transportation Security Administration, DHS
(1) Unless otherwise authorized by
TSA, the armed LEO must meet the
following requirements:
(i) Be a Federal law enforcement officer or a full-time municipal, county, or
state law enforcement officer who is a
direct employee of a government agency.
(ii) Be sworn and commissioned to
enforce criminal statutes or immigration statutes.
(iii) Be authorized by the employing
agency to have the weapon in connection with assigned duties.
(iv) Has completed the training program ‘‘Law Enforcement Officers Flying Armed.’’
(2) In addition to the requirements of
paragraph (a)(1) of this section, the
armed LEO must have a need to have
the weapon accessible from the time he
or she would otherwise check the weapon until the time it would be claimed
after deplaning. The need to have the
weapon accessible must be determined
by the employing agency, department,
or service and be based on one of the
following:
(i) The provision of protective duty,
for instance, assigned to a principal or
advance team, or on travel required to
be prepared to engage in a protective
function.
(ii) The conduct of a hazardous surveillance operation.
(iii) On official travel required to report to another location, armed and
prepared for duty.
(iv) Employed as a Federal LEO,
whether or not on official travel, and
armed in accordance with an agencywide policy governing that type of
travel established by the employing
agency by directive or policy statement.
(v) Control of a prisoner, in accordance with § 1544.221, or an armed LEO
on a round trip ticket returning from
escorting, or traveling to pick up, a
prisoner.
(vi) TSA Federal Air Marshal on duty
status.
(3) The armed LEO must comply with
the following notification requirements:
(i) All armed LEOs must notify the
aircraft operator of the flight(s) on
which he or she needs to have the
weapon accessible at least 1 hour, or in

§ 1544.219

an emergency as soon as practicable,
before departure.
(ii) Identify himself or herself to the
aircraft operator by presenting credentials that include a clear full-face picture, the signature of the armed LEO,
and the signature of the authorizing official of the agency, service, or department or the official seal of the agency,
service, or department. A badge, shield,
or similar device may not be used, or
accepted, as the sole means of identification.
(iii) If the armed LEO is a State,
county, or municipal law enforcement
officer, he or she must present an original letter of authority, signed by an
authorizing official from his or her employing agency, service or department,
confirming the need to travel armed
and detailing the itinerary of the travel while armed.
(iv) If the armed LEO is an escort for
a foreign official then this paragraph
(a)(3) may be satisfied by a State Department notification.
(4) The aircraft operator must do the
following:
(i) Obtain information or documentation required in paragraphs (a)(3)(ii),
(iii), and (iv) of this section.
(ii) Advise the armed LEO, before
boarding, of the aircraft operator’s procedures for carrying out this section.
(iii) Have the LEO confirm he/she has
completed the training program ‘‘Law
Enforcement Officers Flying Armed’’
as required by TSA, unless otherwise
authorized by TSA.
(iv) Ensure that the identity of the
armed LEO is known to the appropriate personnel who are responsible
for security during the boarding of the
aircraft.
(v) Notify the pilot in command and
other appropriate crewmembers, of the
location of each armed LEO aboard the
aircraft. Notify any other armed LEO
of the location of each armed LEO, including FAM’s. Under circumstances
described in the security program, the
aircraft operator must not close the
doors until the notification is complete.
(vi) Ensure that the information required in paragraphs (a)(3)(i) and (ii) of
this section is furnished to the flight
crew of each additional connecting

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§ 1544.221

49 CFR Ch. XII (10–1–15 Edition)

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.221 Carriage of prisoners under
the control of armed law enforcement officers.
(a) This section applies as follows:
(1) This section applies to the transport of prisoners under the escort of an
armed law enforcement officer.
(2) This section does not apply to the
carriage of passengers under voluntary
protective escort.
(3) This section does not apply to the
escort of non-violent detainees of the
Immigration and Naturalization Service. This section does not apply to individuals who may be traveling with a
prisoner and armed escort, such as the
family of a deportee who is under
armed escort.
(b) For the purpose of this section:
(1) ‘‘High risk prisoner’’ means a prisoner who is an exceptional escape risk,
as determined by the law enforcement
agency, and charged with, or convicted
of, a violent crime.

(2) ‘‘Low risk prisoner’’ means any
prisoner who has not been designated
as ‘‘high risk.’’
(c) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an aircraft for which screening is required
unless, in addition to the requirements
in § 1544.219, the following requirements
are met:
(1) The agency responsible for control
of the prisoner has determined whether
the prisoner is considered a high risk
or a low risk.
(2) Unless otherwise authorized by
TSA, no more than one high risk prisoner may be carried on the aircraft.
(d) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an aircraft for which screening is required
unless the following staffing requirements are met:
(1) A minimum of one armed law enforcement officer must control a low
risk prisoner on a flight that is scheduled for 4 hours or less. One armed law
enforcement officer may control no
more than two low risk prisoners.
(2) A minimum of two armed law enforcement officers must control a low
risk prisoner on a flight that is scheduled for more than 4 hours. Two armed
law enforcement officers may control
no more than two low risk prisoners.
(3) For high-risk prisoners:
(i) For one high-risk prisoner on a
flight: A minimum of two armed law
enforcement officers must control a
high risk prisoner. No other prisoners
may be under the control of those two
armed law enforcement officers.
(ii) If TSA has authorized more than
one high-risk prisoner to be on the
flight under paragraph (c)(2) of this
section, a minimum of one armed law
enforcement officer for each prisoner
and one additional armed law enforcement officer must control the prisoners. No other prisoners may be under
the control of those armed law enforcement officers.
(e) An armed law enforcement officer
who is escorting a prisoner—
(1) Must notify the aircraft operator
at least 24 hours before the scheduled
departure, or, if that is not possible as
far in advance as possible of the following—

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Transportation Security Administration, DHS
(i) The identity of the prisoner to be
carried and the flight on which it is
proposed to carry the prisoner; and
(ii) Whether or not the prisoner is
considered to be a high risk or a low
risk.
(2) Must arrive at the check-in
counter at least 1 hour before to the
scheduled departure.
(3) Must assure the aircraft operator,
before departure, that each prisoner
under the control of the officer(s) has
been searched and does not have on or
about his or her person or property
anything that can be used as a weapon.
(4) Must be seated between the prisoner and any aisle.
(5) Must accompany the prisoner at
all times, and keep the prisoner under
control while aboard the aircraft.
(f) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an aircraft unless the following are met:
(1) When practicable, the prisoner
must be boarded before any other
boarding passengers and deplaned after
all other deplaning passengers.
(2) The prisoner must be seated in a
seat that is neither located in any passenger lounge area nor located next to
or directly across from any exit and,
when practicable, the aircraft operator
should seat the prisoner in the rearmost seat of the passenger cabin.
(g) Each armed law enforcement officer escorting a prisoner and each aircraft operator must ensure that the
prisoner is restrained from full use of
his or her hands by an appropriate device that provides for minimum movement of the prisoner’s hands, and must
ensure that leg irons are not used.
(h) No aircraft operator may provide
a prisoner under the control of a law
enforcement officer—
(1) With food or beverage or metal
eating utensils unless authorized to do
so by the armed law enforcement officer.
(2) With any alcoholic beverage.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.223 Transportation
Air Marshals.

of

Federal

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

§ 1544.225

(b) Each aircraft operator must carry
Federal Air Marshals, in the number
and manner specified by TSA, on each
scheduled passenger operation, and
public charter passenger operation designated by TSA.
(c) Each Federal Air Marshal must be
carried on a first priority basis and
without charge while on duty, including positioning and repositioning
flights. When a Federal Air Marshal is
assigned to a scheduled flight that is
canceled for any reason, the aircraft
operator must carry that Federal Air
Marshal without charge on another
flight as designated by TSA.
(d) Each aircraft operator must assign the specific seat requested by a
Federal Air Marshal who is on duty
status. If another LEO is assigned to
that seat or requests that seat, the aircraft operator must inform the Federal
Air Marshal. The Federal Air Marshal
will coordinate seat assignments with
the other LEO.
(e) The Federal Air Marshal identifies himself or herself to the aircraft
operator by presenting credentials that
include a clear, full-face picture, the
signature of the Federal Air Marshal,
and the signature of the FAA Administrator. A badge, shield, or similar device may not be used or accepted as the
sole means of identification.
(f) The requirements of § 1544.219(a) do
not apply for a Federal Air Marshal on
duty status.
(g) Each aircraft operator must restrict any information concerning the
presence, seating, names, and purpose
of Federal Air Marshals at any station
or on any flight to those persons with
an operational need to know.
(h) Law enforcement officers authorized to carry a weapon during a flight
will be contacted directly by a Federal
Air Marshal who is on that same flight.
§ 1544.225 Security of aircraft and facilities.
Each aircraft operator must use the
procedures included, and the facilities
and equipment described, in its security program to perform the following
control functions with respect to each
aircraft operation:
(a) Prevent unauthorized access to
areas controlled by the aircraft operator under an exclusive area agreement

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§ 1544.227

49 CFR Ch. XII (10–1–15 Edition)

in accordance with § 1542.111 of this
chapter.
(b) Prevent unauthorized access to
each aircraft.
(c) Conduct a security inspection of
each aircraft before placing it into passenger operations if access has not
been controlled in accordance with the
aircraft operator security program and
as otherwise required in the security
program.
(d) When operating under a full program or a full all-cargo program, prevent unauthorized access to the operational area of the aircraft while loading or unloading cargo.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]

§ 1544.227

Exclusive area agreement.

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

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.228 Access to cargo and cargo
screening: Security threat assessments for cargo personnel in the
United States.
This section applies in the United
States to each aircraft operator operating under a full program under
§ 1544.101(a) or a full all-cargo program
under § 1544.101(h).
(a) Before an aircraft operator authorizes and before an individual performs a function described in paragraph (b) of this section—
(1) Each individual must successfully
complete a security threat assessment
or comparable security threat assessment described in part 1540 subpart C
of this chapter; and

(2) Each aircraft operator must complete the requirements in part 1540 subpart C.
(b) The security threat assessment
required in paragraph (a) of this section applies to the following:
(1)
Each
individual
who
has
unescorted access to cargo and access
to information that such cargo will be
transported on a passenger aircraft; or
who has unescorted access to cargo
that has been screened for transport on
a passenger aircraft; or who performs
certain functions related to the transportation, dispatch, or security of
cargo for transport on a passenger aircraft or all-cargo aircraft, as specified
in the aircraft operator’s security program; from the time—
(i) The cargo reaches a location
where an aircraft operator with a full
all-cargo program consolidates or inspects it pursuant to security program
requirements until the cargo enters an
airport Security Identification Display
Area or is transferred to another TSAregulated aircraft operator, foreign air
carrier, or indirect air carrier; or
(ii) An aircraft operator with a full
program accepts the cargo until the
cargo—
(A) Enters an airport Security Identification Display Area;
(B) Is removed from the destination
airport; or
(C) Is transferred to another TSAregulated aircraft operator, foreign air
carrier, or indirect air carrier.
(2) Each individual the aircraft operator authorizes to screen cargo or to
supervise the screening of cargo under
§ 1544.205.
[74 FR 47704, Sept. 16, 2009]

§ 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.
This section applies to each aircraft
operator operating under a full program, a private charter program, or a
full all-cargo program.
(a) Scope. The following individuals
are within the scope of this section.
Unescorted access authority, authority

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Transportation Security Administration, DHS
to perform screening functions, and authority to perform checked baggage or
cargo functions, are collectively referred to as ‘‘covered functions.’’
(1) New unescorted access authority or
authority to perform screening functions.
(i) Each employee or contract employee covered under a certification
made to an airport operator on or after
December 6, 2001, pursuant to 14 CFR
107.209(n) in effect prior to November
14, 2001 (see 14 CFR parts 60 to 139 revised as of January 1, 2001) or
§ 1542.209(n) of this chapter.
(ii) Each individual issued on or after
December 6, 2001, an aircraft operator
identification media that one or more
airports accepts as airport-approved
media for unescorted access authority
within a security identification display
area (SIDA), as described in § 1542.205 of
this chapter (referred to as ‘‘unescorted
access authority’’).
(iii) Each individual granted authority to perform the following screening
functions at locations within the
United States (referred to as ‘‘authority to perform screening functions’’):
(A) Screening passengers or property
that will be carried in a cabin of an aircraft of an aircraft operator required to
screen passengers under this part.
(B) Serving as an immediate supervisor (checkpoint security supervisor
(CSS)), and the next supervisory level
(shift or site supervisor), to those individuals
described
in
paragraphs
(a)(1)(iii)(A) or (a)(1)(iii)(C) of this section.
(C) Screening cargo that will be carried on an aircraft of an aircraft operator with a full all-cargo program.
(2) Current unescorted access authority
or authority to perform screening functions. (i) Each employee or contract
employee covered under a certification
made to an airport operator pursuant
to 14 CFR 107.31(n) in effect prior to
November 14, 2001 (see 14 CFR parts 60
to 139 revised as of January 1, 2001), or
pursuant to 14 CFR 107.209(n) in effect
prior to December 6, 2001 (see 14 CFR
parts 60 to 139 revised as of January 1,
2001).
(ii) Each individual who holds on December 6, 2001, an aircraft operator
identification media that one or more
airports accepts as airport-approved
media for unescorted access authority

§ 1544.229

within a security identification display
area (SIDA), as described in § 1542.205 of
this chapter.
(iii) Each individual who is performing on December 6, 2001, a screening function identified in paragraph
(a)(1)(iii) of this section.
(3) New authority to perform checked
baggage or cargo functions. Each individual who, on and after February 17,
2002, is granted the authority to perform the following checked baggage
and cargo functions (referred to as
‘‘authority to perform checked baggage
or cargo functions’’), except for individuals described in paragraph (a)(1) of
this section:
(i) Screening of checked baggage or
cargo of an aircraft operator required
to screen passengers under this part, or
serving as an immediate supervisor of
such an individual.
(ii) Accepting checked baggage for
transport on behalf of an aircraft operator required to screen passengers
under this part.
(4) Current authority to perform
checked baggage or cargo functions. Each
individual who holds on February 17,
2002, authority to perform checked baggage or cargo functions, except for individuals described in paragraph (a)(1)
or (2) of this section.
(b) Individuals seeking unescorted access authority, authority to perform
screening functions, or authority to perform checked baggage or cargo functions.
Each aircraft operator must ensure
that each individual identified in paragraph (a)(1) or (3) of this section has
undergone a fingerprint-based CHRC
that does not disclose that he or she
has a disqualifying criminal offense, as
described in paragraph (d) of this section, before—
(1) Making a certification to an airport operator regarding that individual;
(2) Issuing an aircraft operator identification medium to that individual;
(3) Authorizing that individual to
perform screening functions; or
(4) Authorizing that individual to
perform checked baggage or cargo
functions.
(c) Individuals who have not had a
CHRC—(1) Deadline for conducting a

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§ 1544.229

49 CFR Ch. XII (10–1–15 Edition)

CHRC. Each aircraft operator must ensure that, on and after December 6,
2002:
(i) No individual retains unescorted
access authority, whether obtained as
a result of a certification to an airport
operator under 14 CFR 107.31(n) in effect prior to November 14, 2001 (see 14
CFR parts 60 to 139 revised as of January 1, 2001), or under 14 CFR 107.209(n)
in effect prior to December 6, 2001 (see
14 CFR Parts 60 to 139 revised as of
January 1, 2001), or obtained as a result
of the issuance of an aircraft operator’s
identification media, unless the individual has been subject to a fingerprint-based CHRC for unescorted access
authority under this part.
(ii) No individual continues to have
authority to perform screening functions described in paragraph (a)(1)(iii)
of this section, unless the individual
has been subject to a fingerprint-based
CHRC under this part.
(iii) No individual continues to have
authority to perform checked baggage
or cargo functions described in paragraph (a)(3) of this section, unless the
individual has been subject to a fingerprint-based CHRC under this part.
(2) Lookback for individuals with
unescorted access authority or authority
to perform screening functions. When a
CHRC discloses a disqualifying criminal offense for which the conviction or
finding was on or after December 6,
1991, the aircraft operator must immediately
suspend
that
individual’s
unescorted access authority or authority to perform screening functions.
(3) Lookback for individuals with authority to perform checked baggage or
cargo functions. When a CHRC discloses
a disqualifying criminal offense for
which the conviction or finding was on
or after February 17, 1992, the aircraft
operator must immediately suspend
that individual’s authority to perform
checked baggage or cargo functions.
(d) Disqualifying criminal offenses. An
individual has a disqualifying criminal
offense if the individual has been convicted, or found not guilty by reason of
insanity, of any of the disqualifying
crimes listed in this paragraph in any
jurisdiction during the 10 years before
the date of the individual’s application
for authority to perform covered functions, or while the individual has au-

thority to perform covered functions.
The disqualifying criminal offenses are
as follows:
(1) Forgery of certificates, false
marking of aircraft, and other aircraft
registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation;
49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew
members or flight attendants; 49 U.S.C.
46504.
(6) Commission of certain crimes
aboard aircraft in flight; 49 U.S.C.
46506.
(7) Carrying a weapon or explosive
aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and
threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special
aircraft jurisdiction of the United
States; 49 U.S.C. 46502(b).
(10) Lighting violations involving
transporting controlled substances; 49
U.S.C. 46315.
(11) Unlawful entry into an aircraft
or airport area that serves air carriers
or foreign air carriers contrary to established security requirements; 49
U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale,
distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—
(i) Willful destruction of property;
(ii) Importation or manufacture of a
controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;

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Transportation Security Administration, DHS
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled
substance punishable by a maximum
term of imprisonment of more than 1
year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit
any of the criminal acts listed in this
paragraph (d).
(e) Fingerprint application and processing. (1) At the time of fingerprinting,
the aircraft operator must provide the
individual to be fingerprinted a fingerprint application that includes only
the following—
(i) The disqualifying criminal offenses described in paragraph (d) of this
section.
(ii) A statement that the individual
signing the application does not have a
disqualifying criminal offense.
(iii) A statement informing the individual that Federal regulations under
49 CFR 1544.229 impose a continuing obligation to disclose to the aircraft operator within 24 hours if he or she is
convicted of any disqualifying criminal
offense that occurs while he or she has
authority to perform a covered function.
(iv) A statement reading, ‘‘The information I have provided on this application is true, complete, and correct to
the best of my knowledge and belief
and is provided in good faith. I understand that a knowing and willful false
statement on this application can be
punished by fine or imprisonment or
both. (See section 1001 of Title 18
United States Code.)’’
(v) A line for the printed name of the
individual.
(vi) A line for the individual’s signature and date of signature.
(2) Each individual must complete
and sign the application prior to submitting his or her fingerprints.
(3) The aircraft operator must verify
the identity of the individual through
two forms of identification prior to
fingerprinting, and ensure that the
printed name on the fingerprint application is legible. At least one of the
two forms of identification must have

§ 1544.229

been issued by a government authority,
and at least one must include a photo.
(4) The aircraft operator must:
(i) Advise the individual that a copy
of the criminal record received from
the FBI will be provided to the individual, if requested by the individual in
writing; and
(ii) Identify a point of contact if the
individual has questions about the results of the CHRC.
(5) The aircraft operator must collect, control, and process one set of legible and classifiable fingerprints under
direct observation by the aircraft operator or a law enforcement officer.
(6) Fingerprints may be obtained and
processed electronically, or recorded
on fingerprint cards approved by the
FBI and distributed by TSA for that
purpose.
(7) The fingerprint submission must
be forwarded to TSA in the manner
specified by TSA.
(f) Fingerprinting fees. Aircraft operators must pay for all fingerprints in a
form and manner approved by TSA.
The payment must be made at the designated rate (available from the local
TSA security office) for each set of fingerprints submitted. Information about
payment options is available though
the designated TSA headquarters point
of contact. Individual personal checks
are not acceptable.
(g) Determination of arrest status. (1)
When a CHRC on an individual described in paragraph (a)(1) or (3) of this
section discloses an arrest for any disqualifying criminal offense listed in
paragraph (d) of this section without
indicating a disposition, the aircraft
operator must determine, after investigation, that the arrest did not result
in a disqualifying offense before granting authority to perform a covered
function. If there is no disposition, or if
the disposition did not result in a conviction or in a finding of not guilty by
reason of insanity of one of the offenses
listed in paragraph (d) of this section,
the individual is not disqualified under
this section.
(2) When a CHRC on an individual described in paragraph (a)(2) or (4) of this
section discloses an arrest for any disqualifying criminal offense without indicating a disposition, the aircraft operator must suspend the individual’s

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§ 1544.229

49 CFR Ch. XII (10–1–15 Edition)

authority to perform a covered function not later than 45 days after obtaining the CHRC unless the aircraft
operator determines, after investigation, that the arrest did not result in a
disqualifying criminal offense. If there
is no disposition, or if the disposition
did not result in a conviction or in a
finding of not guilty by reason of insanity of one of the offenses listed in
paragraph (d) of this section, the individual is not disqualified under this
section.
(3) The aircraft operator may only
make the determinations required in
paragraphs (g)(1) and (g)(2) of this section for individuals for whom it is
issuing, or has issued, authority to perform a covered function; and individuals who are covered by a certification
from an aircraft operator under
§ 1542.209(n) of this chapter. The aircraft operator may not make determinations for individuals described in
§ 1542.209(a) of this chapter.
(h) Correction of FBI records and notification of disqualification. (1) Before
making a final decision to deny authority to an individual described in paragraph (a)(1) or (3) of this section, the
aircraft operator must advise him or
her that the FBI criminal record discloses information that would disqualify him or her from receiving or retaining authority to perform a covered
function and provide the individual
with a copy of the FBI record if he or
she requests it.
(2) The aircraft operator must notify
an individual that a final decision has
been made to grant or deny authority
to perform a covered function.
(3) Immediately following the suspension of authority to perform a covered
function, the aircraft operator must
advise the individual that the FBI
criminal record discloses information
that disqualifies him or her from retaining his or her authority, and provide the individual with a copy of the
FBI record if he or she requests it.
(i) Corrective action by the individual.
The individual may contact the local
jurisdiction responsible for the information and the FBI to complete or correct the information contained in his
or her record, subject to the following
conditions—

(1)
For
an
individual
seeking
unescorted access authority or authority to perform screening functions on
or after December 6, 2001; or an individual seeking authority to perform
checked baggage or cargo functions on
or after February 17, 2002; the following
applies:
(i) Within 30 days after being advised
that the criminal record received from
the FBI discloses a disqualifying criminal offense, the individual must notify
the aircraft operator in writing of his
or her intent to correct any information he or she believes to be inaccurate. The aircraft operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record or
a certified true copy of the information
from the appropriate court, prior to authority to perform a covered function.
(ii) If no notification, as described in
paragraph (h)(1) of this section, is received within 30 days, the aircraft operator may make a final determination
to deny authority to perform a covered
function.
(2) For an individual with unescorted
access authority or authority to perform screening functions before December 6, 2001; or an individual with
authority to perform checked baggage
or cargo functions before February 17,
2002; the following applies: Within 30
days after being advised of suspension
because the criminal record received
from the FBI discloses a disqualifying
criminal offense, the individual must
notify the aircraft operator in writing
of his or her intent to correct any information he or she believes to be inaccurate. The aircraft operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record, or
a certified true copy of the information
from the appropriate court, prior to reinstating authority to perform a covered function.
(j) Limits on dissemination of results.
Criminal record information provided
by the FBI may be used only to carry
out this section and § 1542.209 of this
chapter. No person may disseminate
the results of a CHRC to anyone other
than:
(1) The individual to whom the record
pertains, or that individual’s authorized representative.

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Transportation Security Administration, DHS
(2) Officials of airport operators who
are determining whether to grant
unescorted access to the individual
under part 1542 of this chapter when
the determination is not based on the
aircraft operator’s certification under
§ 1542.209(n) of this chapter.
(3) Other aircraft operators who are
determining whether to grant authority to perform a covered function under
this part.
(4) Others designated by TSA.
(k) Recordkeeping. The aircraft operator must maintain the following information.
(1) Investigation conducted before December 6, 2001. The aircraft operator
must maintain and control the access
or employment history investigation
files, including the criminal history
records results portion, for investigations conducted before December 6,
2001.
(2) Fingerprint application process on or
after December 6, 2001. The aircraft operator must physically maintain, control, and, as appropriate, destroy the
fingerprint application and the criminal record. Only direct aircraft operator employees may carry out the responsibility for maintaining, controlling, and destroying criminal records.
(3) Protection of records—all investigations. The records required by this section must be maintained in a manner
that is acceptable to TSA and in a
manner that protects the confidentiality of the individual.
(4) Duration—all investigations. The
records identified in this section with
regard to an individual must be maintained until 180 days after the termination of the individual’s authority to
perform a covered function. When files
are no longer maintained, the criminal
record must be destroyed.
(l) Continuing responsibilities. (1) Each
individual with unescorted access authority or the authority to perform
screening functions on December 6,
2001, who had a disqualifying criminal
offense in paragraph (d) of this section
on or after December 6, 1991, must, by
January 7, 2002, report the conviction
to the aircraft operator and surrender
the SIDA access medium to the issuer
and cease performing screening functions, as applicable.

§ 1544.229

(2) Each individual with authority to
perform a covered function who has a
disqualifying criminal offense must report the offense to the aircraft operator and surrender the SIDA access
medium to the issuer within 24 hours of
the conviction or the finding of not
guilty by reason of insanity.
(3) If information becomes available
to the aircraft operator indicating that
an individual with authority to perform a covered function has a possible
conviction for any disqualifying criminal offense in paragraph (d) of this section, the aircraft operator must determine the status of the conviction. If a
disqualifying criminal offense is confirmed the aircraft operator must immediately revoke any authority to perform a covered function.
(4) Each individual with authority to
perform checked baggage or cargo
functions on February 17, 2002, who had
a disqualifying criminal offense in
paragraph (d) of this section on or after
February 17, 1992, must, by March 25
2002, report the conviction to the aircraft operator and cease performing
check baggage or cargo functions.
(m) Aircraft operator responsibility.
The aircraft operator must—
(1) Designate an individual(s) to be
responsible for maintaining and controlling the employment history investigations for those whom the aircraft
operator has made a certification to an
airport
operator
under
14
CFR
107.209(n) in effect prior to November
14, 2001 (see 14 CFR parts 60 to 139 revised as of January 1, 2001), and for
those whom the aircraft operator has
issued identification media that are
airport-accepted. The aircraft operator
must designate a direct employee to
maintain, control, and, as appropriate,
destroy criminal records.
(2) Designate an individual(s) to
maintain the employment history investigations of individuals with authority to perform screening functions
whose files must be maintained at the
location or station where the screener
is performing his or her duties.
(3) Designate an individual(s) at appropriate locations to serve as the contact to receive notification from individuals seeking authority to perform
covered functions of their intent to

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49 CFR Ch. XII (10–1–15 Edition)

seek correction of their FBI criminal
record.
(4) Audit the employment history investigations performed in accordance
with this section and 14 CFR 108.33 in
effect prior to November 14, 2001 (see 14
CFR parts 60 to 139 revised as of January 1, 2001). The aircraft operator must
set forth the audit procedures in its security program.

jstallworth on DSK7TPTVN1PROD with CFR

[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30511, May 26, 2006]

§ 1544.230 Fingerprint-based criminal
history records checks (CHRC):
Flightcrew members.
(a) Scope. This section applies to each
flightcrew member for each aircraft operator, except that this section does
not apply to flightcrew members who
are subject to § 1544.229.
(b) CHRC required. Each aircraft operator must ensure that each flightcrew
member has undergone a fingerprintbased CHRC that does not disclose that
he or she has a disqualifying criminal
offense, as described in § 1544.229(d), before allowing that individual to serve
as a flightcrew member.
(c) Application and fees. Each aircraft
operator must ensure that each
flightcrew member’s fingerprints are
obtained and submitted as described in
§ 1544.229 (e) and (f).
(d) Determination of arrest status. (1)
When a CHRC on an individual described in paragraph (a) of this section
discloses an arrest for any disqualifying criminal offense listed in
§ 1544.229(d) without indicating a disposition, the aircraft operator must determine, after investigation, that the
arrest did not result in a disqualifying
offense before the individual may serve
as a flightcrew member. If there is no
disposition, or if the disposition did not
result in a conviction or in a finding of
not guilty by reason of insanity of one
of the offenses listed in § 1544.229(d), the
flight crewmember is not disqualified
under this section.
(2) When a CHRC on an individual described in paragraph (a) of this section
discloses an arrest for any disqualifying criminal offense listed in
§ 1544.229(d) without indicating a disposition, the aircraft operator must
suspend the individual’s flightcrew
member privileges not later than 45

days after obtaining a CHRC, unless
the aircraft operator determines, after
investigation, that the arrest did not
result in a disqualifying criminal offense. If there is no disposition, or if
the disposition did not result in a conviction or in a finding of not guilty by
reason of insanity of one of the offenses
listed in § 1544.229(d), the flight crewmember is not disqualified under this
section.
(3) The aircraft operator may only
make the determinations required in
paragraphs (d)(1) and (d)(2) of this section for individuals whom it is using,
or will use, as a flightcrew member.
The aircraft operator may not make
determinations for individuals described in § 1542.209(a) of this chapter.
(e) Correction of FBI records and notification of disqualification. (1) Before
making a final decision to deny the individual the ability to serve as a
flightcrew member, the aircraft operator must advise the individual that
the FBI criminal record discloses information that would disqualify the individual from serving as a flightcrew
member and provide the individual
with a copy of the FBI record if the individual requests it.
(2) The aircraft operator must notify
the individual that a final decision has
been made to allow or deny the individual flightcrew member status.
(3) Immediately following the denial
of flightcrew member status, the aircraft operator must advise the individual that the FBI criminal record
discloses information that disqualifies
him or her from retaining his or her
flightcrew member status, and provide
the individual with a copy of the FBI
record if he or she requests it.
(f) Corrective action by the individual.
The individual may contact the local
jurisdiction responsible for the information and the FBI to complete or correct the information contained in his
or her record, subject to the following
conditions—
(1) Within 30 days after being advised
that the criminal record received from
the FBI discloses a disqualifying criminal offense, the individual must notify
the aircraft operator in writing of his

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or her intent to correct any information he or she believes to be inaccurate. The aircraft operator must obtain a copy, or accept a copy from the
individual, of the revised FBI record or
a certified true copy of the information
from the appropriate court, prior to allowing the individual to serve as a
flightcrew member.
(2) If no notification, as described in
paragraph (f)(1) of this section, is received within 30 days, the aircraft operator may make a final determination
to deny the individual flightcrew member status.
(g) Limits on the dissemination of results. Criminal record information provided by the FBI may be used only to
carry out this section. No person may
disseminate the results of a CHRC to
anyone other than—
(1) The individual to whom the record
pertains, or that individual’s authorized representative.
(2) Others designated by TSA.
(h) Recordkeeping—(1) Fingerprint application process. The aircraft operator
must physically maintain, control,
and, as appropriate, destroy the fingerprint application and the criminal
record. Only direct aircraft operator
employees may carry out the responsibility for maintaining, controlling, and
destroying criminal records.
(2) Protection of records. The records
required by this section must be maintained by the aircraft operator in a
manner that is acceptable to TSA that
protects the confidentiality of the individual.
(3) Duration. The records identified in
this section with regard to an individual must be made available upon request by TSA, and maintained by the
aircraft operator until 180 days after
the termination of the individual’s
privileges to perform flightcrew member duties with the aircraft operator.
When files are no longer maintained,
the aircraft operator must destroy the
CHRC results.
(i) Continuing responsibilities. (1) Each
flightcrew member identified in paragraph (a) of this section who has a disqualifying criminal offense must report
the offense to the aircraft operator
within 24 hours of the conviction or the
finding of not guilty by reason of insanity.

§ 1544.231

(2) If information becomes available
to the aircraft operator indicating that
a flightcrew member identified in paragraph (a) of this section has a possible
conviction for any disqualifying criminal offense in § 1544.229 (d), the aircraft
operator must determine the status of
the conviction. If a disqualifying criminal offense is confirmed, the aircraft
operator may not assign that individual to flightcrew duties in operations identified in paragraph (a).
(j) Aircraft operator responsibility. The
aircraft operator must—(1) Designate a
direct employee to maintain, control,
and, as appropriate, destroy criminal
records.
(2) Designate an individual(s) to
maintain the CHRC results.
(3) Designate an individual(s) at appropriate locations to receive notification from individuals of their intent to
seek correction of their FBI criminal
record.
(k) Compliance date. Each aircraft operator must comply with this section
for each flightcrew member described
in paragraph (a) of this section not
later than December 6, 2002.
[67 FR 8209, Feb. 22, 2002]

§ 1544.231 Airport-approved and exclusive area personnel identification
systems.
(a) Each aircraft operator must establish and carry out a personnel identification system for identification
media that are airport-approved, or
identification media that are issued for
use in an exclusive area. The system
must include the following:
(1) Personnel identification media
that—
(i) Convey a full face image, full
name, employer, and identification
number of the individual to whom the
identification medium is issued;
(ii) Indicate clearly the scope of the
individual’s access and movement
privileges;
(iii) Indicate clearly an expiration
date; and
(iv) Are of sufficient size and appearance as to be readily observable for
challenge purposes.
(2) Procedures to ensure that each individual in the secured area or SIDA
continuously displays the identification medium issued to that individual

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§ 1544.233

49 CFR Ch. XII (10–1–15 Edition)

on the outermost garment above waist
level, or is under escort.
(3) Procedures to ensure accountability through the following:
(i) Retrieving expired identification
media.
(ii) Reporting lost or stolen identification media.
(iii) Securing unissued identification
media stock and supplies.
(iv) Auditing the system at a minimum of once a year, or sooner, as necessary to ensure the integrity and accountability
of
all
identification
media.
(v) As specified in the aircraft operator security program, revalidate the
identification system or reissue identification media if a portion of all issued,
unexpired identification media are
lost, stolen, or unretrieved, including
identification media that are combined
with access media.
(vi) Ensure that only one identification medium is issued to an individual
at a time. A replacement identification
medium may only be issued if an individual declares in writing that the medium has been lost or stolen.
(b) The aircraft operator may request
approval of a temporary identification
media system that meets the standards
in § 1542.211(b) of this chapter, or may
arrange with the airport to use temporary airport identification media in
accordance with that section.
(c) Each aircraft operator must submit a plan to carry out this section to
TSA no later than May 13, 2002. Each
aircraft operator must fully implement
its plan no later than November 14,
2003.

proved under SFAR 58 in 14 CFR part
121, that individual has satisfactorily
completed the security training required by 14 CFR 121.417(b)(3)(v) or
135.331(b)(3)(v), and as specified in the
aircraft operator’s security program.
(c) With respect to training conducted under this section, whenever an
individual completes recurrent training within one calendar month earlier,
or one calendar month after the date it
was required, that individual is considered to have completed the training in
the calendar month in which it was required.
§ 1544.235 Training and knowledge for
individuals with security-related
duties.
(a) No aircraft operator may use any
direct or contractor employee to perform any security-related duties to
meet the requirements of its security
program unless that individual has received training as specified in its security program including their individual
responsibilities in § 1540.105 of this
chapter.
(b) Each aircraft operator must ensure that individuals performing security-related duties for the aircraft operator have knowledge of the provisions of this part, applicable Security
Directives and Information Circulars,
the approved airport security program
applicable to their location, and the
aircraft operator’s security program to
the extent that such individuals need
to know in order to perform their duties.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1544.237
§ 1544.233 Security coordinators and
crewmembers, training.
(a) No aircraft operator may use any
individual as a Ground Security Coordinator unless, within the preceding 12calendar months, that individual has
satisfactorily completed the security
training as specified in the aircraft operator’s security program.
(b) No aircraft operator may use any
individual as an in-flight security coordinator or crewmember on any domestic or international flight unless, within the preceding 12-calendar months or
within the time period specified in an
Advanced Qualifications Program ap-

Flight deck privileges.

(a) For each aircraft that has a door
to the flight deck, each aircraft operator must restrict access to the flight
deck as provided in its security program.
(b) This section does not restrict access for an FAA air carrier inspector,
an authorized representative of the National Transportation Safety Board, or
for an Agent of the United States Secret Service, under 14 CFR parts 121,
125, or 135. This section does not restrict access for a Federal Air Marshal
under this part.
[67 FR 8210, Feb. 22, 2002]

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Transportation Security Administration, DHS
§ 1544.239 Known shipper program.
This section applies to each aircraft
operator operating under a full program under § 1544.101(a) of this part and
to each aircraft operator with a TSA
security program approved for transfer
of cargo to an aircraft operator with a
full program or a foreign air carrier
under paragraphs § 1546.101(a) or (b) of
this chapter.
(a) For cargo to be loaded on its aircraft in the United States, each aircraft operator must have and carry out
a known shipper program in accordance with its security program. The
program must—
(1) Determine the shipper’s validity
and integrity as provided in the security program;
(2) Provide that the aircraft operator
will separate known shipper cargo from
unknown shipper cargo; and
(3) Provide for the aircraft operator
to ensure that cargo is screened or inspected as set forth in its security program.
(b) When required by TSA, each aircraft operator must submit in a form
and manner acceptable to TSA—
(1) Information identified in its security program regarding a known shipper, or an applicant for that status; and
(2) Corrections and updates of this information upon learning of a change to
the information specified in paragraph
(b)(1) of this section.
[71 FR 30511, May 26, 2006]

Subpart D—Threat and Threat
Response

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§ 1544.301 Contingency plan.
Each aircraft operator must adopt a
contingency plan and must:
(a) Implement its contingency plan
when directed by TSA.
(b) Ensure that all information contained in the plan is updated annually
and that appropriate persons are notified of any changes.
(c) Participate in an airport-sponsored exercise of the airport contingency plan or its equivalent, as provided in its security program.
§ 1544.303 Bomb or air piracy threats.
(a) Flight: Notification. Upon receipt
of a specific and credible threat to the

§ 1544.303

security of a flight, the aircraft operator must—
(1) Immediately notify the ground
and in-flight security coordinators of
the threat, any evaluation thereof, and
any measures to be applied; and
(2) Ensure that the in-flight security
coordinator notifies all crewmembers
of the threat, any evaluation thereof,
and any measures to be applied; and
(3) Immediately notify the appropriate airport operator.
(b) Flight: Inspection. Upon receipt of
a specific and credible threat to the security of a flight, each aircraft operator must attempt to determine whether or not any explosive or incendiary is
present by doing the following:
(1) Conduct a security inspection on
the ground before the next flight or, if
the aircraft is in flight, immediately
after its next landing.
(2) If the aircraft is on the ground,
immediately deplane all passengers
and submit that aircraft to a security
search.
(3) If the aircraft is in flight, immediately advise the pilot in command of
all pertinent information available so
that necessary emergency action can
be taken.
(c) Ground facility. Upon receipt of a
specific and credible threat to a specific ground facility at the airport, the
aircraft operator must:
(1) Immediately notify the appropriate airport operator.
(2) Inform all other aircraft operators
and foreign air carriers at the threatened facility.
(3) Conduct a security inspection.
(d) Notification. Upon receipt of any
bomb threat against the security of a
flight or facility, or upon receiving information that an act or suspected act
of air piracy has been committed, the
aircraft operator also must notify TSA.
If the aircraft is in airspace under
other than U.S. jurisdiction, the aircraft operator must also notify the appropriate authorities of the State in
whose territory the aircraft is located
and, if the aircraft is in flight, the appropriate authorities of the State in
whose territory the aircraft is to land.
Notification of the appropriate air traffic controlling authority is sufficient
action to meet this requirement.

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§ 1544.305

49 CFR Ch. XII (10–1–15 Edition)

§ 1544.305 Security Directives and Information Circulars.
(a) TSA may issue an Information
Circular to notify aircraft operators of
security concerns. When TSA determines that additional security measures are necessary to respond to a
threat assessment or to a specific
threat against civil aviation, TSA
issues a Security Directive setting
forth mandatory measures.
(b) Each aircraft operator required to
have an approved aircraft operator security program must comply with each
Security Directive issued to the aircraft operator by TSA, within the time
prescribed in the Security Directive for
compliance.
(c) Each aircraft operator that receives a Security Directive must—
(1) Within the time prescribed in the
Security Directive, verbally acknowledge receipt of the Security Directive
to TSA.
(2) Within the time prescribed in the
Security Directive, specify the method
by which the measures in the Security
Directive have been implemented (or
will be implemented, if the Security
Directive is not yet effective).
(d) In the event that the aircraft operator is unable to implement the
measures in the Security Directive, the
aircraft operator must submit proposed
alternative measures and the basis for
submitting the alternative measures to
TSA for approval. The aircraft operator must submit the proposed alternative measures within the time prescribed in the Security Directive. The
aircraft operator must implement any
alternative measures approved by TSA.
(e) Each aircraft operator that receives a Security Directive may comment on the Security Directive by submitting data, views, or arguments in
writing to TSA. TSA may amend the
Security Directive based on comments
received. Submission of a comment
does not delay the effective date of the
Security Directive.
(f) Each aircraft operator that receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular must:
(1) Restrict the availability of the Security Directive or Information Circular, and information contained in ei-

ther document, to those persons with
an operational need-to-know.
(2) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with
an operational need-to-know without
the prior written consent of TSA.

Subpart E—Screener Qualifications When the Aircraft Operator Performs Screening
§ 1544.401 Applicability of this subpart.
This subpart applies when the aircraft operator is conducting inspections as provided in § 1544.207.
[74 FR 47704, Sept. 16, 2009]

§ 1544.403

[Reserved]

§ 1544.405 Qualifications of screening
personnel.
(a) No individual subject to this subpart may perform a screening function
unless that individual has the qualifications
described
in
§§ 1544.405
through 1544.411. No aircraft operator
may use such an individual to perform
a screening function unless that person
complies with the requirements of
§§ 1544.405 through 1544.411.
(b) A screener must have a satisfactory or better score on a screener selection test administered by TSA.
(c) A screener must be a citizen of
the United States.
(d) A screener must have a high
school diploma, a General Equivalency
Diploma, or a combination of education and experience that the TSA has
determined to be sufficient for the individual to perform the duties of the
position.
(e) A screener must have basic aptitudes and physical abilities including
color perception, visual and aural acuity, physical coordination, and motor
skills to the following standards:
(1) Screeners operating screening
equipment must be able to distinguish
on the screening equipment monitor
the appropriate imaging standard specified in the aircraft operator’s security
program.
(2) Screeners operating any screening
equipment must be able to distinguish
each color displayed on every type of

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Transportation Security Administration, DHS

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screening equipment and explain what
each color signifies.
(3) Screeners must be able to hear
and respond to the spoken voice and to
audible alarms generated by screening
equipment at an active screening location.
(4) Screeners who perform physical
searches or other related operations
must be able to efficiently and thoroughly manipulate and handle such
baggage, containers, cargo, and other
objects subject to screening.
(5) Screeners who perform pat-downs
or hand-held metal detector searches of
individuals must have sufficient dexterity and capability to thoroughly
conduct those procedures over an individual’s entire body.
(f) A screener must have the ability
to read, speak, and write English well
enough to—
(1) Carry out written and oral instructions regarding the proper performance of screening duties;
(2) Read English language identification media, credentials, airline tickets,
documents, air waybills, invoices, and
labels on items normally encountered
in the screening process;
(3) Provide direction to and understand and answer questions from
English-speaking individuals undergoing screening; and
(4) Write incident reports and statements and log entries into security
records in the English language.
(g) At locations outside the United
States where the aircraft operator has
operational control over a screening
function, the aircraft operator may use
screeners who do not meet the requirements of paragraph (f) of this section,
provided that at least one representative of the aircraft operator who has
the ability to functionally read and
speak English is present while the aircraft operator’s passengers are undergoing security screening. At such locations the aircraft operator may use
screeners who are not United States
citizens.
§ 1544.407 Training,
testing,
and
knowledge of individuals who perform screening functions.
(a) Training required. Before performing screening functions, an individual must have completed initial, re-

§ 1544.407

current, and appropriate specialized
training as specified in this section and
the aircraft operator’s security program. No aircraft operator may use
any screener, screener in charge, or
checkpoint security supervisor unless
that individual has satisfactorily completed the required training. This paragraph does not prohibit the performance of screening functions during onthe-job training as provided in § 1544.409
(b).
(b) Use of training programs. Training
for screeners must be conducted under
programs provided by TSA. Training
programs for screeners-in-charge and
checkpoint security supervisors must
be conducted in accordance with the
aircraft operator’s security program.
(c) Citizenship. A screener must be a
citizen or national of the United
States.
(d) Screener readiness test. Before beginning on-the-job training, a screener
trainee must pass the screener readiness test prescribed by TSA.
(e) On-the-job training and testing.
Each screener must complete at least
60 hours of on-the-job training and
must pass an on-the-job training test
prescribed by TSA. No aircraft operator may permit a screener trainee to
exercise independent judgment as a
screener, until the individual passes an
on-the-job training test prescribed by
TSA.
(f) Knowledge requirements. Each aircraft operator must ensure that individuals
performing
as
screeners,
screeners-in-charge, and checkpoint security supervisors for the aircraft operator have knowledge of the provisions
of this part, the aircraft operator’s security program, and applicable Security Directives and Information Circulars to the extent necessary to perform
their duties.
(g) Disclosure of sensitive security information during training. The aircraft operator may not permit a trainee to
have access to sensitive security information during screener training unless
a criminal history records check has
successfully been completed for that
individual in accordance with § 1544.229,
and the individual has no disqualifying
criminal offense.
[67 FR 8364, Feb. 22, 2002, as amended at 74
FR 47704, Sept. 16, 2009]

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§ 1544.409

49 CFR Ch. XII (10–1–15 Edition)

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§ 1544.409 Integrity of screener tests.
(a) Cheating or other unauthorized conduct. (1) Except as authorized by the
TSA, no person may—
(i) Copy or intentionally remove a
test under this part;
(ii) Give to another or receive from
another any part or copy of that test;
(iii) Give help on that test to or receive help on that test from any person
during the period that the test is being
given; or
(iv) Use any material or aid during
the period that the test is being given.
(2) No person may take any part of
that test on behalf of another person.
(3) No person may cause, assist, or
participate intentionally in any act
prohibited by this paragraph (a).
(b) Administering and monitoring
screener tests. (1) Each aircraft operator
must notify TSA of the time and location at which it will administer each
screener readiness test required under
§ 1544.405(d).
(2) Either TSA or the aircraft operator must administer and monitor the
screener readiness test. Where more
than one aircraft operator or foreign
air carrier uses a screening location,
TSA may authorize an employee of one
or more of the aircraft operators or foreign air carriers to monitor the test for
a trainee who will screen at that location.
(3) If TSA or a representative of TSA
is not available to administer and monitor a screener readiness test, the aircraft operator must provide a direct
employee to administer and monitor
the screener readiness test.
(4) An aircraft operator employee
who administers and monitors a
screener readiness test must not be an
instructor,
screener,
screener-incharge, checkpoint security supervisor,
or other screening supervisor. The employee must be familiar with the procedures for administering and monitoring
the test and must be capable of observing whether the trainee or others are
engaging in cheating or other unauthorized conduct.
§ 1544.411 Continuing qualifications of
screening personnel.
(a) Impairment. No individual may
perform a screening function if he or
she shows evidence of impairment,

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

PART 1546—FOREIGN AIR CARRIER
SECURITY
Subpart A—General
Sec.
1546.1
1546.3

Applicability of this part.
TSA inspection authority.

Subpart B—Security Program
1546.101 Adoption and implementation.
1546.103 Form, content, and availability of
security program.

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