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pdf§ 1552.25
49 CFR Ch. XII (10–1–14 Edition)
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school employee received initial security awareness training in accordance
with this subpart.
(2) At a minimum, a recurrent security awareness training program must
contain information regarding—
(i) Any new security measures or procedures implemented by the flight
school;
(ii) Any security incidents at the
flight school, and any lessons learned
as a result of such incidents;
(iii) Any new threats posed by or incidents involving general aviation aircraft contained on the TSA Web site;
and
(iv) Any new TSA guidelines or recommendations concerning the security
of general aviation aircraft, airports,
or flight schools.
§ 1552.25 Documentation,
recordkeeping, and inspection.
(a) Documentation. A flight school
must issue a document to each flight
school employee each time the flight
school employee receives initial or recurrent security awareness training in
accordance with this subpart. The document must—
(1) Contain the flight school employee’s name and a distinct identification
number.
(2) Indicate the date on which the
flight school employee received the security awareness training.
(3) Contain the name of the instructor who conducted the training, if any.
(4) Contain a statement certifying
that the flight school employee received the security awareness training.
(5) Indicate the type of training received, initial or recurrent.
(6) Contain a statement certifying
that the alternative training program
used by the flight school meets the criteria in 49 CFR 1552.23(c), if the flight
school uses an alternative training program to comply with this subpart.
(7) Be signed by the flight school employee and an authorized official of the
flight school.
(b) Recordkeeping requirements. A
flight school must establish and maintain the following records for one year
after an individual no longer is a flight
school employee:
(1) A copy of the document required
by paragraph (a) of this section for the
initial and each recurrent security
awareness training conducted for each
flight school employee in accordance
with this subpart; and
(2) The alternative flight school security awareness training program used
by the flight school, if the flight school
uses such a program.
(c) Inspection. A flight school must
permit TSA and the Federal Aviation
Administration to inspect the records
required under paragraph (b) of this
section during reasonable business
hours.
PART 1554—AIRCRAFT REPAIR
STATION SECURITY
Subpart A—General
Sec.
1554.1
1554.3
Scope.
TSA inspection authority.
Subpart B—Security Measures
1554.101
1554.103
Security Measures.
Security Directives.
Subpart C—Compliance and Enforcement
1554.201 Notification
of
security
deficiencies; suspension of certificate and review process.
1554.203 Immediate risk to security; revocation of certificate and review process.
1554.205 Nondisclosure of certain information.
AUTHORITY: 49 U.S.C. 114, 40113, 44903, 44924.
SOURCE: 79 FR 2140, Jan. 13, 2014, unless
otherwise noted.
Subpart A—General
§ 1554.1
Scope.
(a) This part applies to repair stations that are certificated by the Federal Aviation Administration (FAA)
pursuant to 14 CFR part 145, except for
a part 145 certificated repair station located on a U.S. or foreign government
military installation.
(b) In addition to the terms in 49 CFR
1500.3 and 1540.5, for purposes of this
part, ‘‘large aircraft’’ means any aircraft with a maximum certificated
takeoff weight of more than 12,500
pounds and ‘‘attended’’ aircraft means
an aircraft to which access is limited
to authorized individuals and property.
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§ 1554.3
§ 1554.101
Subpart B—Security Measures
TSA inspection authority.
(a) General. Each repair station must
allow TSA and other authorized DHS
officials, at any time and in a reasonable manner, without advance notice,
to enter, conduct any audits, assessments, or inspections of any property,
facilities, equipment, and operations;
and to view, inspect, and copy records
as necessary to carry out TSA’s security-related statutory or regulatory
authorities, including its authority
to—
(1) Assess threats to transportation
security;
(2) Enforce security-related regulations, directives, and requirements;
(3) Inspect, assess, and audit security
facilities, equipment, and systems
(4) Ensure the adequacy of security
measures;
(5) Verify the implementation of security measures;
(6) Review security plans; and
(7) Carry out such other duties, and
exercise such other powers, relating to
transportation security as the TSA Administrator considers appropriate, to
the extent authorized by law.
(b) Evidence of compliance. At the request of TSA, each repair station must
provide evidence of compliance with
this part, including copies of records
required by this part.
(1) All records required under this
part must be provided in English upon
TSA’s request.
(2) All responses and submissions provided to TSA or its designee, pursuant
to this part, must be in English, unless
otherwise requested by TSA.
(c) Access to repair station. (1) TSA
and DHS officials working with TSA
may enter, and be present within any
area without access media or identification media issued or approved by
the repair station in order to inspect,
assess, or perform any other such duties as TSA may direct.
(2) Repair stations may request TSA
inspectors and DHS officials working
with TSA to present their credentials
for examination, but the credentials
may not be photocopied or otherwise
reproduced.
§ 1554.101
Security Measures.
(a) Applicability of this section. This
section applies to part 145 certificated
repair stations located—
(1) On airport. On an air operations
area or security identification display
area of an airport covered by an airport
security program under 49 CFR part
1542 in the United States, or on the security restricted area of any commensurate airport outside the United
States regulated by a government entity; or
(2) Adjacent to an airport. Adjacent to
an area of the airport described in
paragraph (a)(1) of this section if there
is an access point between the repair
station and the airport of sufficient
size to allow the movement of large
aircraft between the repair station and
the area described in paragraph (a)(1)
of this section.
(b) Security Measures. Each repair station described in paragraph (a) of this
section must carry out the following
measures:
(1) Provide TSA with the name and
means of contact on a 24-hour basis of
a person or persons designated by the
repair station with responsibility for—
(i) Compliance with the regulations
in this part;
(ii) Serving as the primary point(s) of
contact for security-related activities
and communications with TSA;
(iii) Maintaining a record of all employees responsible for controlling
keys or other means used to control access to aircraft described in paragraph
(b)(2) of this section; and
(iv) Maintaining all records necessary to comply with paragraph (b)(3)
of this section.
(2) When not attended, prevent the
unauthorized operation of all large aircraft capable of flight, by using one or
more of the means listed in paragraphs
(b)(2)(i) through (iv) of this section. In
these examples, a key, if used, must
only be available to an individual authorized by the repair station who has
successfully undergone a check as described in paragraph (b)(3) of this section.
(i) Block the path of the aircraft such
that it cannot be moved, and control
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the vehicle key if a vehicle is used to
block the path.
(ii) Park the aircraft in a locked
hangar and control the key to the
hangar.
(iii) Move stairs away from the aircraft and shut and, if feasible, lock all
cabin and/or cargo doors, and control
the key.
(iv) Other means approved in writing
by TSA.
(3) Verify background information of
those individuals who are designated as
the TSA point(s) of contact and those
who have access to any keys or other
means used to prevent the operation of
large aircraft described in paragraph
(b)(2) of this section by one or more of
the following means:
(i) Verify an employee’s employment
history. The repair station obtains the
employee’s employment history for the
most recent five year period or the
time period since the employee’s 18th
birthday, whichever period is shorter.
The repair station verifies the employee’s employment history for the most
recent 5-year period via telephone,
email, or in writing. If the information
is verified telephonically, the repair
station must record the date of the
communication and with whom the information was verified. If there is a gap
in employment of six months or longer,
without a satisfactory explanation of
the gap, employment history is not
verified. The repair station must retain
employment
history
verification
records for at least 180 days after the
individual’s employment ends. The repair station must maintain these
records electronically or in hardcopy,
and provide them to TSA upon request.
(ii) Confirm an employee holds an
airman certificate issued by the Federal Aviation Administration.
(iii) Confirm an employee of a repair
station located within the United
States has obtained a security threat
assessment or comparable security
threat assessment pursuant to part
1540, subpart C of this chapter, such as
by holding a SIDA identification media
issued by an airport operator that
holds a complete program under 49
CFR part 1542.
(iv) Confirm an employee of a repair
station located outside the United
States has successfully completed a se-
curity threat assessment commensurate to a security threat assessment
described in part 1540, subpart C of this
chapter.
(v) Other means approved in writing
by TSA.
§ 1554.103
Security Directives.
(a) General. 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) Compliance. Each repair station
must comply with each Security Directive TSA issues to the repair station
within the time prescribed. Each repair
station that receives a Security Directive must—
(1) Acknowledge receipt of the Security Directive as directed by TSA;
(2) Specify the method by which security measures have been or will be implemented to meet the effective date;
and
(3) Notify TSA to obtain approval of
alternative measures if the repair station is unable to implement the measures in the Security Directive.
(c) Availability. Each repair station
that receives a Security Directive and
each person who receives information
from a Security Directive must—
(1) Restrict the availability of the Security Directive and the information
contained in the document to persons
who have an operational need to know;
and
(2) Refuse to release the Security Directive or the information contained in
the document to persons other than
those who have an operational need to
know without the prior written consent of TSA.
(d) Comments. Each repair station
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.
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Subpart C—Compliance and
Enforcement
§ 1554.201 Notification of security deficiencies; suspension of certificate
and review process.
(a) General. A repair station may be
subject to suspension of its FAA certificate, if security deficiencies are
identified and are not corrected.
(b) Notice of security deficiencies. TSA
provides written notification to a repair station and to the FAA of any security deficiency identified by TSA.
(c) Response. A repair station must
provide TSA with a written explanation in English of all efforts, methods, and procedures used to correct the
security deficiencies identified by TSA
within 45 calendar days of receipt of
the written notification described in
paragraph (b) of this section.
(d) Suspension of certificate. If the repair station does not correct security
deficiencies within 90 calendar days of
the repair station’s receipt of the written notice of security deficiencies, or if
TSA determines that the security deficiencies have not been addressed sufficiently to comply with this section,
the TSA designated official will provide written notification to the repair
station and to the FAA that the repair
station’s certificate must be suspended.
The notification will include an explanation of the basis for the suspension.
The suspension remains in effect until
TSA determines that the security deficiencies have been corrected.
(e) Petition for reconsideration. The repair station may petition TSA to reconsider its determination under paragraph (d) of this section by serving a
petition for reconsideration no later
than 20 calendar days after the repair
station receives the notification. The
repair station must serve the petition
on the TSA designated official. Submission of a petition for reconsideration will not automatically stay the
suspension. The repair station may request TSA to notify the FAA to stay
the suspension pending review of and
decision on the petition. The petition
must be in writing, in English, signed
by the repair station operator or
owner, and include—
(1) A statement that reconsideration
is requested; and
§ 1554.201
(2) A response to the suspension, including any information TSA should
consider in reviewing the suspension.
(f) Review by the TSA designated official. The TSA designated official will
consider all relevant material and information and will act on the petition
no later than 15 calendar days after
TSA receives the petition. The TSA
designated official will either notify
the repair station and the FAA that
the suspension be withdrawn or affirm
the suspension. The decision of the
TSA designated official constitutes a
final agency order subject to judicial
review in accordance with 49 U.S.C.
46110.
(g) Service of documents. Service may
be accomplished by personal delivery,
certified mail, or express courier. Documents served on a repair station will
be served at its official place of business. Documents served on TSA must
be served at the address contained in
the written notice of suspension.
(1) A certificate of service may be attached to a document tendered for filing. A certificate of service must consist of a statement, dated and signed
by the person filing the document, that
the document was personally delivered,
served by certified mail on a specific
date, or served by express courier on a
specific date.
(2) The date of service is—
(i) The date of personal delivery;
(ii) If served by certified mail, the
mailing date shown on the certificate
of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by
other evidence if there is no certificate
of service or postmark; or
(iii) If served by express courier, the
service date shown on the certificate of
service, or by other evidence if there is
no certificate of service.
(h) Extension of time. TSA may grant
an extension of time to the limits set
forth in this section for good cause
shown. A repair station must request
an extension of time in writing, and
TSA must receive it at least two days
before the due date in order to be considered. TSA may grant itself an extension of time for good cause.
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§ 1554.203 Immediate risk to security;
revocation of certificate and review
process.
(a) Notice. The TSA designated official will determine whether any repair
station poses an immediate risk to security. If such a determination is
made, TSA will provide written notification of its determination to the repair station and to the FAA that the
certificate must be revoked. The notification will include an explanation of
the basis for the revocation. TSA does
not include classified information or
other
information
described
in
§ 1554.205.
(b) Petition for reconsideration. The repair station may petition TSA to reconsider its determination by serving a
petition for reconsideration no later
than 20 calendar days after the repair
station receives the notification. The
repair station must serve the petition
on the TSA designated official. Submission of a petition for reconsideration will not automatically stay the
revocation. The repair station may request TSA to notify FAA to stay the
revocation pending review of and decision on the petition. The petition must
be in writing, in English, signed by the
repair station operator or owner, and
include—
(1) A statement that a review is requested; and
(2) A response to the determination
of immediate risk to security, including any information TSA should consider in reviewing the basis for the determination.
(c) Review by the Administrator. The
TSA designated official transmits the
petition together with all relevant information to the Administrator for reconsideration. The Administrator will
act on the petition within 15 calendar
days of receipt by either directing the
TSA designated official to notify FAA
and the repair station that the determination is rescinded and the certificate may be reinstated or by affirming
the determination. The decision by the
Administrator constitutes a final agency order subject to judicial review in
accordance with 49 U.S.C. 46110.
(d) Service of documents. Service may
be accomplished by personal delivery,
certified mail, or express courier. Documents served on a repair station will
be served at its official place of business. Documents served on TSA must
be served at the address contained in
the written notice of revocation.
(1) A certificate of service may be attached to a document tendered for filing. A certificate of service must consist of a statement, dated and signed
by the person filing the document, that
the document was personally delivered,
served by certified mail on a specific
date, or served by express courier on a
specific date.
(2) The date of service is—
(i) The date of personal delivery;
(ii) If served by certified mail, the
mailing date shown on the certificate
of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by
other evidence if there is no certificate
of service or postmark; or
(iii) If served by express courier, the
service date shown on the certificate of
service, or by other evidence if there is
no certificate of service.
(e) Extension of time. TSA may grant
an extension of time to the limits set
forth in this section for good cause
shown. A repair station must request
an extension of time in writing, and
TSA must receive it at least two days
before the due date in order to be considered. TSA may grant itself an extension of time for good cause.
§ 1554.205 Nondisclosure of certain information.
In connection with the procedures
under this subpart, TSA does not disclose classified information, as defined
in Executive Order 12968, section 1.1(d),
or any successor order, and TSA reserves the right not to disclose any
other information or material not warranting disclosure or protected from
disclosure under law or regulation.
PART 1560—SECURE FLIGHT
PROGRAM
Subpart A—General
Sec.
1560.1
Scope, purpose, and implementation.
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| File Type | application/pdf |
| File Modified | 2018-08-28 |
| File Created | 2018-08-28 |