Operations in WDC Metro Area

Transportation Security Administration, DHS
AOIP in accordance with § 1560.109.
Each covered airport operator must
comply with the procedures required of
covered
aircraft
operators
in
§§ 1560.101(a), (c), and (d), 1560.103, and
1560.107 of this part and any other applicable TSA requirements when authorizing non-traveling individuals to
enter a sterile area.

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

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§ 1560.203 Representation by counsel.
A person may be represented by
counsel at his or her own expense during the redress process.
§ 1560.205 Redress process.
(a) If an individual believes he or she
has been improperly or unfairly delayed or prohibited from boarding an
aircraft or entering a sterile area as a
result of the Secure Flight program,
the individual may seek assistance
through the redress process established
under this section.
(b) An individual may obtain the
forms and information necessary to
initiate the redress process on the DHS
TRIP Web site at http://www.dhs.gov/
trip or by contacting the DHS TRIP office by mail. Individuals should send
written requests for forms to the DHS
TRIP office and include their name and
address in the request. DHS will provide the necessary forms and information to individuals through its Web site
or by mail.
(c) The individual must send to the
DHS TRIP office the personal information and copies of the specified identification documents. If TSA needs additional information in order to continue
the redress process, TSA will so notify
the individual in writing and request
that additional information. The DHS
TRIP Office will assign the passenger a
unique identifier, which TSA will recognize as the Redress Number, and the
passenger may use that Redress Number in future correspondence with TSA

§ 1562.1

and when making future travel reservations.
(d) TSA, in coordination with the
TSC and other appropriate Federal law
enforcement or intelligence agencies, if
necessary, will review all the documentation and information requested
from the individual, correct any erroneous information, and provide the individual with a timely written response.
§ 1560.207

Oversight of process.

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

PART 1562—OPERATIONS IN THE
WASHINGTON, DC, METROPOLITAN AREA
Subpart A—Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC, Metropolitan Area Flight
Restricted Zone
Sec.
1562.1
1562.3

Scope and definitions.
Operating requirements.

Subpart B—Ronald Reagan Washington
National Airport: Enhanced Security
Procedures for Certain Operations
1562.21 Scope, general requirements, and
definitions.
1562.23 Aircraft operator and passenger requirements.
1562.25 Fixed base operator requirements.
1562.27 Costs.
1562.29 Armed security officer requirements.
AUTHORITY: 49 U.S.C. 114, 40114, Sec. 823,
Pub. L. 108–176, 117 Stat. 2595.
SOURCE: 70 FR 7162, Feb. 10, 2005, unless
otherwise noted.

Subpart A—Maryland Three Airports: Enhanced Security Procedures for Operations at
Certain Airports in the Washington, DC, Metropolitan Area
Flight Restricted Zone
§ 1562.1 Scope and definitions.
(a) Scope. This subpart applies to the
following airports, and individuals who

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§ 1562.3

49 CFR Ch. XII (10–1–10 Edition)

operate an aircraft to or from those
airports, that are located within the
airspace designated as the Washington,
DC, Metropolitan Area Flight Restricted Zone by the Federal Aviation
Administration:
(1) College Park Airport (CGS);
(2) Potomac Airfield (VKX); and
(3) Washington Executive/Hyde Field
(W32).
(b) Definitions. For purposes of this
section:
Airport security coordinator means the
official at a Maryland Three Airport
who is responsible for ensuring that
the airport’s security procedures are
implemented and followed.
Maryland Three Airport means any of
the airports specified in paragraph (a)
of this section.

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§ 1562.3

Operating requirements.

(a) Airport operator requirements. Each
operator of a Maryland Three Airport
must:
(1) Appoint an airport employee as
the airport security coordinator;
(2) Maintain and carry out security
procedures approved by TSA;
(3) Maintain at the airport a copy of
the airport’s TSA-approved security
procedures;
(4) Maintain at the airport a copy of
each Federal Aviation Administration
Notice to Airmen and rule that affects
security procedures at the Maryland
Three Airports; and
(5) Permit officials authorized by
TSA to inspect—
(i) The airport;
(ii) The airport’s TSA-approved security procedures; and
(iii) Any other documents required
under this section.
(b) Airport security coordinator requirements. Each airport security coordinator for a Maryland Three Airport
must be approved by TSA. To obtain
TSA approval, an airport security coordinator must:
(1) Present to TSA, in a form and
manner acceptable to TSA, his or her—
(i) Name;
(ii) Social Security Number;
(iii) Date of birth;
(iv) Address;
(v) Phone number; and
(vi) Fingerprints.

(2) Successfully complete a TSA terrorist threat assessment; and
(3) Not have been convicted or found
not guilty by reason of insanity, in any
jurisdiction, during the 10 years prior
to applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any crime specified in 49 CFR
1542.209 or 1572.103.
(c) Security procedures. To be approved by TSA, an airport’s security
procedures, at a minimum, must:
(1) Identify and provide contact information for the airport’s airport security coordinator.
(2) Contain a current record of the individuals and aircraft authorized to operate to or from the airport.
(3) Contain procedures to—
(i) Monitor the security of aircraft at
the airport during operational and nonoperational hours; and
(ii) Alert the aircraft owner(s) and
operator(s), the airport operator, and
TSA of unsecured aircraft.
(4) Contain procedures to implement
and maintain security awareness procedures at the airport.
(5) Contain procedures for limited approval of pilots who violate the Washington, DC, Metropolitan Area Flight
Restricted Zone and are forced to land
at the airport.
(6) Contain any additional procedures
required by TSA to provide for the security of aircraft operations to or from
the airport.
(d) Amendments to security procedures.
Airport security procedures approved
by TSA remain in effect unless TSA determines that—
(1) Operations at the airport have not
been conducted in accordance with
those procedures; or
(2) The procedures must be amended
to provide for the security of aircraft
operations to or from the airport.
(e) Pilot requirements for TSA approval.
Except as specified in paragraph (g) of
this section, each pilot of an aircraft
operating to or from any of the Maryland Three Airports must be approved
by TSA. To obtain TSA approval, a
pilot must:
(1) Present to TSA—
(i) The pilot’s name;
(ii) The pilot’s Social Security Number;

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Transportation Security Administration, DHS
(iii) The pilot’s date of birth;
(iv) The pilot’s address;
(v) The pilot’s phone number;
(vi) The pilot’s current and valid airman certificate or current student
pilot certificate;
(vii) The pilot’s current medical certificate;
(viii) One form of Government-issued
picture identification of the pilot;
(ix) The pilot’s fingerprints, in a form
and manner acceptable to TSA; and
(x) A list containing the make,
model, and registration number of each
aircraft that the pilot intends to operate to or from the airport.
(2) Successfully complete a TSA terrorist threat assessment.
(3) Receive a briefing acceptable to
TSA and the Federal Aviation Administration that describes procedures for
operating to and from the airport.
(4) Not have been convicted or found
not guilty by reason of insanity, in any
jurisdiction, during the 10 years prior
to applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any crime specified in 49 CFR
1542.209 or 1572.103.
(5) Not, in TSA’s discretion, have a
record on file with the Federal Aviation Administration of a violation of—
(i) A prohibited area designated
under 14 CFR part 73;
(ii) A flight restriction established
under 14 CFR 91.141;
(iii) Special security instructions
issued under 14 CFR 99.7;
(iv) A restricted area designated
under 14 CFR part 73;
(v) Emergency air traffic rules issued
under 14 CFR 91.139;
(vi) A temporary flight restriction
designated under 14 CFR 91.137, 91.138,
or 91.145; or
(vii) An area designated under 14 CFR
91.143.
(f) Additional pilot requirements. Except as specified in paragraph (g) of
this section, each pilot of an aircraft
operating to or from any of the Maryland Three Airports must:
(1) Protect from unauthorized disclosure any identification information
issued by TSA or the Federal Aviation
Administration for the conduct of operations to or from the airport.

§ 1562.3

(2) Secure the aircraft after returning
to the airport from any flight.
(3) Comply with any other requirements for operating to or from the airport specified by TSA or the Federal
Aviation Administration.
(g) Operations to any of the Maryland
Three Airports. A pilot who is approved
by TSA in accordance with paragraph
(d) of this section may operate an aircraft to any of the Maryland Three Airports, provided that the pilot—
(1) Files an instrument flight rules or
visual flight rules flight plan with
Leesburg Automated Flight Service
Station;
(2) Obtains an Air Traffic Control
clearance with a discrete transponder
code; and
(3) Follows any arrival/departure procedures required by the Federal Aviation Administration.
(h) U.S. Armed forces, law enforcement,
and aeromedical services aircraft. An individual may operate a U.S. Armed
Forces,
law
enforcement,
or
aeromedical services aircraft on an authorized mission to or from any of the
Maryland Three Airports provided that
the individual complies with any requirements for operating to or from
the airport specified by TSA or the
Federal Aviation Administration.
(i) Continuing responsibilities. (1) If an
airport security coordinator, or a pilot
who is approved to operate to or from
any of the Maryland Three Airports, is
convicted or found not guilty by reason
of insanity, in any jurisdiction, of any
crime specified in 49 CFR 1542.209 or
1572.103, the airport security coordinator or pilot must notify TSA within
24 hours of the conviction or finding of
not guilty by reason of insanity. TSA
may withdraw its approval of the airport security coordinator or pilot as a
result of the conviction or finding of
not guilty by reason of insanity.
(2) If a pilot who is approved to operate to or from any of the Maryland
Three Airports commits any of the violations described in paragraph (e)(5) of
this section, the pilot must notify TSA
within 24 hours of the violation. TSA,
in its discretion, may withdraw its approval of the pilot as a result of the
violation.
(3) If an airport security coordinator,
or a pilot who is approved to operate to

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§ 1562.21

49 CFR Ch. XII (10–1–10 Edition)

or from any of the Maryland Three Airports, is determined by TSA to pose a
threat to national or transportation security, or a threat of terrorism, TSA
may withdraw its approval of the airport security coordinator or pilot.
(j) Waivers. TSA, in coordination with
the Federal Aviation Administration,
the United States Secret Service, and
any other relevant agency, may permit
an operation to or from any of the
Maryland Three Airports, in deviation
from the provisions of this section, if
TSA finds that such action—
(1) Is in the public interest; and
(2) Provides the level of security required by this section.

Subpart B—Ronald Reagan Washington National Airport: Enhanced Security Procedures
for Certain Operations

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SOURCE: 70 FR 41600, July 19, 2005, unless
otherwise noted.

§ 1562.21 Scope, general requirements,
and definitions.
(a) Scope. This subpart applies to aircraft operations into or out of Ronald
Reagan Washington National Airport
(DCA), fixed base operators located at
DCA or gateway airports; individuals
designated as a security coordinator by
aircraft operators or fixed base operators; and crewmembers, passengers,
and armed security officers on aircraft
operations subject to this subpart.
(b) General requirements. Each person
operating an aircraft into or out of
DCA must comply with this subpart,
except:
(1) Military, law enforcement, and
medivac aircraft operations;
(2) Federal and State government aircraft operations operating under an
airspace waiver approved by TSA and
the Federal Aviation Administration;
(3) All-cargo aircraft operations; and
(4) Passenger aircraft operations conducted under:
(i) A full security program approved
by TSA in accordance with 49 CFR
1544.101(a); or
(ii) A foreign air carrier security program approved by TSA in accordance
with 49 CFR 1546.101(a) or (b).
(c) Other security programs. Each aircraft operator required to comply with

this subpart for an aircraft operation
into or out of DCA must also comply
with any other TSA-approved security
program that covers that operation. If
any requirements of the DASSP conflict with the requirements of another
TSA-approved security program, the
aircraft operation must be conducted
in accordance with the requirements of
the DASSP.
(d) Definitions. For purposes of this
subpart, the following definitions
apply:
Armed Security Officer Program means
the security program approved by TSA,
in coordination with the Federal Air
Marshal Service, for security officers
authorized to carry a firearm under
§ 1562.29 of this part.
Crewmember means a person assigned
to perform duty in an aircraft during
flight time. This does not include an
armed security officer.
DCA means Ronald Reagan Washington National Airport.
DASSP means the aircraft operator
security program (DCA Access Standard Security Program) approved by
TSA under this part for aircraft operations into and out of DCA.
FBO means a fixed base operator that
has been approved by TSA under this
part to serve as a last point of departure for flights into or out of DCA.
FBO Security Program means the security program approved by TSA under
this part for FBOs to serve flights into
or out of DCA.
Flightcrew member means a pilot,
flight engineer, or flight navigator assigned to duty in an aircraft during
flight time.
Gateway airport means an airport
that has been approved by TSA under
this part as a last point of departure
for flights into DCA under this part.
Passenger means any person on an
aircraft other than a flightcrew member. A ‘‘passenger’’ includes an armed
security officer authorized to carry a
firearm in accordance with the rule.
§ 1562.23 Aircraft operator and passenger requirements.
(a) General. To operate into or out of
DCA, an aircraft operator must:
(1) Designate a security coordinator
responsible for implementing the

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Transportation Security Administration, DHS
DASSP and other security requirements required under this section, and
provide TSA with the security coordinator’s contact information and availability in accordance with the DASSP.
(2) Adopt and carry out the DASSP.
(3) Ensure that each crewmember of
an aircraft operating into or out of
DCA meets the requirements of paragraph (c) of this section.
(4) Apply for and receive a reservation from the Federal Aviation Administration and authorization from TSA
for each flight into and out of DCA in
accordance with paragraph (d) of this
section.
(5) Comply with the operating requirements in paragraph (e) of this section for each flight into and out of
DCA.
(6) Pay any costs and fees required
under this part.
(7) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in
part 1520 of this chapter, to persons
with a need to know, and refer all requests for SSI by other persons to TSA.
(8) Comply with any additional security procedures required by TSA
through order, Security Directive, or
other means.
(b) Security coordinator. Each security
coordinator designated by an aircraft
operator under paragraph (a) of this
section:
(1) Must undergo a fingerprint-based
criminal history records check that
does not disclose that he or she has a
disqualifying criminal offense as described in § 1544.229(d) of this chapter.
This standard is met if the security coordinator is in compliance with the fingerprint-based criminal history records
check
requirements
of
§§ 1542.209,
1544.229, or 1544.230 of this chapter with
his or her current employer.
(2) Must submit to TSA his or her:
(i) Legal name, including first, middle, and last; any applicable suffix, and
any other names used.
(ii) Current mailing address, including residential address if different than
current mailing address.
(iii) Date and place of birth.
(iv) Social security number, (submission is voluntary, although recommended).

§ 1562.23

(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(vi) Alien registration number, if applicable.
(3) Must successfully complete a TSA
security threat assessment.
(4) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the
procedures set forth in paragraphs (h)
and (i) of § 1544.229 of this chapter regarding notification and correction of
records.
(c) Flightcrew member requirements.
Each flightcrew member of an aircraft,
as defined in 49 CFR 1540.5, operating
into or out of DCA:
(1) Must undergo a fingerprint-based
criminal history records check that
does not disclose that he or she has a
disqualifying criminal offense as described in § 1544.229(d) of this chapter.
This standard is met if the flightcrew
member is in compliance with the fingerprint-based criminal history records
check
requirements
of
§§ 1542.209,
1544.229, or 1544.230 of this chapter with
his or her current employer.
(2) Must not have a record on file
with the Federal Aviation Administration of a violation of—
(i) A prohibited area designated
under 14 CFR part 73;
(ii) A flight restriction established
under 14 CFR 91.141;
(iii) Special security instructions
issued under 14 CFR 99.7;
(iv) A restricted area designated
under 14 CFR part 73;
(v) Emergency air traffic rules issued
under 14 CFR 91.139;
(vi) A temporary flight restriction
designated under 14 CFR 91.137, 91.138,
or 91.145; or
(vii) An area designated under 14 CFR
91.143.
(3) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the
procedures set forth in paragraphs (h)
and (i) of § 1544.229 of this chapter regarding notification and correction of
records.
(d) Flight authorization requirements.
To receive authorization to operate an
aircraft into or out of DCA, an aircraft
operator must follow the procedures in
this paragraph.

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§ 1562.23

49 CFR Ch. XII (10–1–10 Edition)

(1) The aircraft operator must apply
to the Federal Aviation Administration for a tentative reservation, in a
form and manner approved by the Federal Aviation Administration.
(2) The aircraft operator must submit
to TSA, in a form and manner approved
by TSA, the following information at
least 24 hours prior to aircraft departure:
(i) For each passenger and crewmember on the aircraft:
(A) Legal name, including first, middle, and last; any applicable suffix, and
any other names used.
(B) Current mailing address, including residential address if different than
current mailing address.
(C) Date and place of birth.
(D) Social security number, (submission is voluntary, although recommended).
(E) Citizenship status and date of
naturalization if the individual is a
naturalized citizen of the United
States.
(F) Alien registration number, if applicable.
(ii) The registration number of the
aircraft.
(iii) The flight plan.
(iv) Any other information required
by TSA.
(3) TSA will conduct a name-based
security threat assessment for each
passenger and crewmember. If TSA notifies the aircraft operator that a passenger or crewmember may pose a security threat, the aircraft operator
must ensure that the passenger or
crewmember does not board the aircraft before the aircraft departs out of
DCA or out of a gateway airport to
DCA.
(4) If TSA approves the flight, TSA
will transmit such approval to the Federal Aviation Administration for assignment of a final reservation to operate into or out of DCA. Once the Federal Aviation Administration assigns
the final reservation, TSA will notify
the aircraft operator.
(5) TSA may, at its discretion, cancel
any or all flight approvals at any time
without prior notice to the aircraft operator.
(6) TSA may, at its discretion, permit
a flight into or out of DCA to deviate
from the requirements of this subpart,

if TSA finds that such action would not
be detrimental to transportation security or the safe operation of the aircraft.
(7) TSA may, at its discretion, require any flight into or out of DCA
under this subpart to comply with additional security measures.
(e) Operating requirements. Each aircraft operator must:
(1) Ensure that each flight into DCA
departs from a gateway airport and
makes no intermediate stops before arrival at DCA.
(2) Ensure that each passenger and
crewmember on an aircraft operating
into or out of DCA has been screened in
accordance with the DASSP prior to
boarding the aircraft.
(3) Ensure that all accessible property and property in inaccessible cargo
holds on an aircraft operating into or
out of DCA has been screened in accordance with the DASSP prior to
boarding the aircraft.
(4) Ensure that each aircraft operating into or out of DCA has been
searched in accordance with the
DASSP.
(5) Ensure that each passenger and
crewmember on an aircraft operating
into or out of DCA provides TSA with
a valid government-issued picture identification in accordance with the
DASSP.
(6) If the aircraft operating into or
out of DCA is equipped with a cockpit
door, ensure that the door is closed and
locked at all times during the operation of the aircraft to or from DCA,
unless Federal Aviation Administration regulations require the door to remain open.
(7) Ensure that each aircraft operating into or out of DCA has onboard
at least one armed security officer who
meets the requirements of § 1562.29 of
this chapter. This requirement does
not apply if—
(i) There is a Federal Air Marshal onboard; or
(ii) The aircraft is being flown without passengers into DCA to pick up
passengers, or out of DCA after
deplaning all passengers.
(8) Ensure that an aircraft operating
into or out of DCA has any Federal Air

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Transportation Security Administration, DHS
Marshal onboard, at no cost to the Federal Government, if TSA or the Federal
Air Marshal Service so requires.
(9) Notify the National Capital Region Coordination Center prior to departure of the aircraft from DCA or a
gateway airport.
(10) Ensure that each aircraft operating into or out of DCA operates
under instrument flight rules.
(11) Ensure that each passenger complies with any security measures mandated by TSA.
(12) Ensure that no prohibited items
are onboard the aircraft.
(f) Compliance. (1) Each aircraft operator must:
(i) Permit TSA to conduct any inspections or tests, including copying
records, to determine compliance with
this part and the DASSP.
(ii) At the request of TSA, provide
evidence of compliance with this part
and the DASSP, including copies of
records.
(2) Noncompliance with this part or
the DASSP may result in the cancellation of an aircraft operator’s flight approvals and other remedial or enforcement action, as appropriate.
(g) Passenger requirements. Each passenger, including each armed security
officer, who boards or attempts to
board an aircraft under this section
must:
(1) Provide information to the aircraft operator as provided in this section.
(2) Provide to TSA upon request a
valid government-issued photo identification.
(3) Comply with security measures as
conveyed by the aircraft operator.
(4) Comply with all applicable regulations in this chapter, including
§ 1540.107 regarding submission to
screening and inspection, § 1540.109 regarding prohibition against interference with screening personnel, and
§ 1540.111 regarding carriage of weapons,
explosives, and incendiaries by individuals.

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§ 1562.25 Fixed base operator requirements.
(a) Security program. Each FBO must
adopt and carry out an FBO Security
Program.

§ 1562.27

(b) Screening and other duties. Each
FBO must—
(1) Designate a security coordinator
who meets the requirements in
§ 1562.23(b) of this part and is responsible for implementing the FBO Security Program and other security requirements required under this section,
and provide TSA with the security coordinator’s contact information and
availability in accordance with the
FBO Security Program.
(2) Support the screening of persons
and property in accordance with the requirements of this subpart and the
FBO Security Program.
(3) Support the search of aircraft in
accordance with the requirements of
this subpart and the FBO Security Program.
(4) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in
part 1520 of this chapter, to persons
with a need to know, and refer all requests for SSI by other persons to TSA.
(5) Perform any other duties required
under the FBO Security Program.
(c) Compliance. (1) Each FBO must:
(i) Permit TSA to conduct any inspections or tests, including copying
records, to determine compliance with
this part and the FBO Security Program.
(ii) At the request of TSA, provide
evidence of compliance with this part
and the FBO Security Program, including copies of records.
(2) Noncompliance with this part or
the FBO Security Program may result
in the cancellation of an aircraft operator’s flight approvals and other remedial or enforcement action, as appropriate.
§ 1562.27 Costs.
(a) Each aircraft operator must pay a
threat assessment fee of $15 for each
passenger and crewmember whose information the aircraft operator submits to TSA in accordance with
§ 1562.23(d) of this part.
(b) Each aircraft operator must pay
to TSA the costs associated with carrying out this subpart, as provided in
its DASSP.
(c) All fees and reimbursement must
be remitted to TSA in a form and manner approved by TSA.

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49 CFR Ch. XII (10–1–10 Edition)

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(d) TSA will not issue any refunds,
unless any fees or reimbursement funds
were paid in error.
(e) If an aircraft operator does not
remit to TSA the fees and reimbursement funds required under this section,
TSA may decline to process any requests for authorization from the aircraft operator.
§ 1562.29 Armed security officer requirements.
(a) General. Unless otherwise authorized by TSA, each armed security officer must meet the following requirements:
(1) Be qualified to carry a firearm in
accordance with paragraph (b) of this
section.
(2) Successfully complete a TSA security threat assessment as described
in paragraph (c) of this section.
(3) Meet such other requirements as
TSA, in coordination with the Federal
Air Marshal Service, may establish in
the Armed Security Officer Security
Program.
(4) Be authorized by TSA, in coordination with the Federal Air Marshal
Service, under 49 U.S.C. 44903(d).
(b) Qualifications. To be qualified to
carry a firearm under this subpart, an
individual must meet the requirements
in paragraph (1), (2), or (3) of this section, unless otherwise authorized by
TSA, in coordination with the Federal
Air Marshal Service.
(1) Active law enforcement officers. An
active law enforcement officer must be
an employee of a governmental agency
who—
(i) Is authorized by law to engage in
or supervise the prevention, detection,
investigation, or prosecution of, or the
incarceration of any person for, any
violation of law;
(ii) Has statutory powers of arrest;
(iii) Is authorized by the agency to
carry a firearm;
(iv) Is not the subject of any disciplinary action by the agency;
(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(vi) Is not prohibited by Federal law
from receiving a firearm.
(2) Retired law enforcement officers. A
retired law enforcement officer must
be an individual who—

(i) Retired in good standing from
service with a public agency as a law
enforcement officer, other than for reasons of mental instability;
(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers
of arrest;
(iii) Before such retirement, was regularly employed as a law enforcement
officer for an aggregate of 15 years or
more, or retired from service with such
agency, after completing any applicable probationary period of such service,
due to a service-connected disability,
as determined by such agency;
(iv) Has a non-forfeitable right to
benefits under the retirement plan of
the agency;
(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(vi) Is not prohibited by Federal law
from receiving a firearm.
(3) Other individuals. Any other individual must—
(i) Meet qualifications established by
TSA, in coordination with the Federal
Air Marshal Service, in the Armed Security Officer Program;
(ii) Not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(iii) Not be prohibited by Federal law
from receiving a firearm.
(c) Threat assessments. To be authorized under this section, each armed security officer:
(1) Must undergo a fingerprint-based
criminal history records check that
does not disclose that he or she has a
criminal offense that would disqualify
him or her from possessing a firearm
under 18 U.S.C. 922(g).
(2) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the
procedures set forth in paragraphs (h)
and (i) of § 1544.229 of this chapter regarding notification and correction of
records.
(3) Must submit to TSA his or her:
(i) Legal name, including first, middle, and last; any applicable suffix, and
any other names used.

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Transportation Security Administration, DHS

erowe on DSK5CLS3C1PROD with CFR

(ii) Current mailing address, including residential address if different than
current mailing address.
(iii) Date and place of birth.
(iv) Social security number, (submission is voluntary, although recommended).
(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(vi) Alien registration number, if applicable.
(4) Must undergo a threat assessment
by TSA prior to receiving authorization under this section and prior to
boarding an aircraft operating into or
out of DCA as provided in § 1562.23(d)(1)
of this part.
(d) Training. Each armed security officer onboard an aircraft operating into
or out of DCA must:
(1) Have basic law enforcement training acceptable to TSA; and
(2) Successfully complete a TSA-approved training course, developed in
coordination with the Federal Air Marshal Service, at the expense of the
armed security officer.
(e) Armed security officer program. (1)
Each armed security officer onboard an
aircraft operating into or out of DCA
must—
(i) Comply with the Armed Security
Officer Program.
(ii) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in
part 1520 of this chapter, to persons
with a need to know, and refer all requests for SSI by other persons to TSA.
(2) TSA and the Federal Air Marshal
Service may conduct random inspections of armed security officers to ensure compliance with the Armed Security Officer Program.
(f) Authority to carry firearm. An
armed security officer approved under
this section is authorized—
(1) To carry a firearm in accordance
with the Armed Security Officer Pro-

§ 1562.29

gram on an aircraft operating under a
DASSP into or out of DCA; and
(2) To transport a firearm in accordance with the Armed Security Officer
Program at any airport as needed to
carry out duties under this subpart, including for travel to and from flights
conducted under this subpart.
(g) Use of force. Each armed security
officer authorized to carry a firearm
under this section may use force, including deadly force, in accordance
with the Armed Security Officer Program.
(h) Use of alcohol or intoxicating or
hallucinatory drugs or substances. An
armed security officer onboard an aircraft operating into or out of DCA may
not consume alcohol or use an intoxicating or hallucinatory drug or substance during the flight and within 8
hours before boarding the aircraft.
(i) Credential—(1) TSA credential. An
armed security officer under this section must carry a credential issued by
TSA.
(2) Inspection of credential. An armed
security officer must present the TSAissued credential for inspection when
requested by an authorized representative of TSA, the Federal Aviation Administration, the Federal Air Marshal
Service, the National Transportation
Safety Board, any Federal, State, or
local law enforcement officer, or any
authorized aircraft operator representative.
(3) Preflight identification to crewmembers. When carrying a firearm, an
armed security officer must identify
himself or herself to all crewmembers
either personally or through another
member of the crew before the flight.
(j) Suspension or withdrawal of authorization. At the discretion of TSA, authorization under this subpart and 49
U.S.C. 44903(d) is suspended or withdrawn upon notification by TSA.

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