49 Cfr 1546

§ 1544.409

49 CFR Ch. XII (10–1–15 Edition)

jstallworth on DSK7TPTVN1PROD with CFR

§ 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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Transportation Security Administration, DHS
1546.105 Acceptance of and amendments to
the security program.

Subpart C—Operations
1546.201 Acceptance and screening of individuals and accessible property.
1546.202 Persons and property onboard the
aircraft.
1546.203 Acceptance
and
screening
of
checked baggage.
1546.205 Acceptance and screening of cargo.
1546.207 Screening of individuals and property.
1546.209 Use of X-ray systems.
1546.211 Law enforcement personnel.
1546.213 Access to cargo: Security threat assessments for cargo personnel in the
United States.
1546.215 Known shipper program.

Subpart D—Threat and Threat Response
1546.301

Bomb or air piracy threats.

Subpart E—Screener Qualifications When
the Foreign Air Carrier Conducts Screening
1546.401 Applicability of this subpart.
1546.403 [Reserved]
1546.405 Qualifications of screening personnel.
1546.407 Training, testing, and knowledge of
individuals who perform screening functions.
1546.409 Integrity of screener tests.
1546.411 Continuing qualifications of screening personnel.
AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44907, 44914, 44916–44917, 44935–44936,
44942, 46105.
SOURCE: 67 FR 8377, Feb. 22, 2002, unless
otherwise noted.

Subpart A—General

jstallworth on DSK7TPTVN1PROD with CFR

§ 1546.1

Applicability of this part.

This part prescribes aviation security
rules governing the following:
(a) The operation within the United
States of each foreign air carrier holding a permit issued by the Department
of Transportation under 49 U.S.C. 41302
or other appropriate authority issued
by the former Civil Aeronautics Board
or the Department of Transportation.
(b) Each law enforcement officer flying armed aboard an aircraft operated
by a foreign air carrier described in
paragraph (a) of this section.

§ 1546.101

§ 1546.3

TSA inspection authority.

(a) Each foreign air carrier 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 foreign air carrier must provide evidence
of compliance with this subchapter 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
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.
[67 FR 8377, Feb. 22, 2002, as amended at 71
FR 30511, May 26, 2006]

Subpart B—Security Program
§ 1546.101
tion.

Adoption and implementa-

Each foreign air carrier landing or
taking off in the United States must
adopt and carry out, for each scheduled
and public charter passenger operation
or all-cargo operation, a security program that meets the requirements of—
(a) Section 1546.103(b) and subparts C,
D, and E of this part for each operation
with an aircraft having a passenger
seating configuration of 61 or more
seats;
(b) Section 1546.103(b) for each operation that will provide deplaned passengers access to a sterile area, or enplane passengers from a sterile area,
when that access is not controlled by
an aircraft operator using a security
program under part 1544 of this chapter
or a foreign air carrier using a security
program under this part;

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§ 1546.103

49 CFR Ch. XII (10–1–15 Edition)

(c) Section 1546.103(b) for each operation with an airplane having a passenger seating configuration of 31 or
more seats but 60 or fewer seats for
which TSA has notified the foreign air
carrier in writing that a threat exists;
and
(d) Section 1546.103(c) for each operation with an airplane having a passenger seating configuration of 31 or
more seats but 60 or fewer seats, when
TSA has not notified the foreign air
carrier in writing that a threat exists
with respect to that operation.
(e) Sections 1546.103(b)(2) and (b)(4),
1546.202, 1546.205(a), (b), (c), (d), (e), and
(f), 1546.207, 1546.211, 1546.213, and
1546.301 for each all-cargo operation
with an aircraft having a maximum
certificated take-off weight more than
45,500 kg (100,309.3 lbs.); and
(f) Sections 1546.103(b)(2) and (b)(4),
1546.202, 1546.205(a), (b), (d), and (f),
1546.211, and 1546.301 for each all-cargo
operation with an aircraft having a
maximum certificated take-off weight
more than 12,500 pounds but not more
than 45,500 kg (100,309.3 lbs.).

jstallworth on DSK7TPTVN1PROD with CFR

[67 FR 8377, Feb. 22, 2002, as amended at 71
FR 30511, May 26, 2006]

§ 1546.103 Form, content, and availability of security program.
(a) General requirements. The security
program must be:
(1) Acceptable to TSA. A foreign air
carrier’s security program is acceptable only if TSA finds that the security
program provides a level of protection
similar to the level of protection provided by U.S. aircraft operators serving
the same airports. Foreign air carriers
must employ procedures equivalent to
those required of U.S. aircraft operators serving the same airport, if TSA
determines that such procedures are
necessary to provide a similar level of
protection.
(2) In English unless TSA requests
that the program be submitted in the
official language of the foreign air carrier’s country.
(b) Content of security program. Each
security
program
required
by
§ 1546.101(a), (b), (c), (e), or (f) must be
designed to—
(1) Prevent or deter the carriage
aboard airplanes of any unauthorized
explosive, incendiary, or weapon on or

about each individual’s person or accessible property, except as provided in
§ 1546.201(d), through screening by
weapon-detecting procedures or facilities;
(2) Prohibit unauthorized access to
airplanes;
(3) Ensure that checked baggage is
accepted by a responsible agent of the
foreign air carrier; and
(4) Prevent cargo and checked baggage from being loaded aboard its airplanes unless handled in accordance
with the foreign air carrier’s security
procedures.
(c) Law enforcement support. Each security program required by § 1546.101(d)
must include the procedures used to
comply with the applicable requirements of § 1546.209 regarding law enforcement officers.
(d) Availability. Each foreign air carrier required to adopt and use a security program under this part must—
(1) Restrict the distribution, disclosure, and availability of sensitive security information, as defined in part 1520
of this chapter, to persons with a need
to know; and
(2) Refer requests for sensitive security information by other persons to
TSA.
[67 FR 8377, Feb. 22, 2002, as amended at 71
FR 30512, May 26, 2006]

§ 1546.105 Acceptance of and amendments to the security program.
(a) Initial acceptance of security program. Unless otherwise authorized by
TSA, each foreign air carrier required
to have a security program by this part
must submit its proposed program to
TSA at least 90 days before the intended date of passenger operations.
TSA will notify the foreign air carrier
of the security program’s acceptability, or the need to modify the proposed security program for it to be acceptable under this part, within 30 days
after receiving the proposed security
program. The foreign air carrier may
petition TSA to reconsider the notice
to modify the security program within
30 days after receiving a notice to modify.
(b) Amendment requested by a foreign
air carrier. A foreign air carrier may
submit a request to TSA to amend its
accepted security program as follows:

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Transportation Security Administration, DHS
(1) The proposed amendment must be
filed with the designated official at
least 45 calendar 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 calendar days after receiving a proposed amendment, the
designated official, in writing, either
approves or denies the request to
amend.
(3) An amendment to a foreign air
carrier 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 45 calendar days after receiving a denial, the foreign air carrier
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 calendar days of receipt by
either directing the designated official
to approve the amendment, or affirming the denial.
(6) Any foreign air carrier may submit a group proposal for an amendment
that is on behalf of it and other aircraft operators that co-sign the proposal.
(c) Amendment by TSA. If the safety
and the public interest require an
amendment, the designated official
may amend an accepted security program as follows:
(1) The designated official notifies
the foreign air carrier, in writing, of
the proposed amendment, fixing a period of not less than 45 calendar days
within which the foreign air carrier
may submit written information,
views, and arguments on the amendment.
(2) After considering all relevant material, the designated official notifies
the foreign air carrier of any amendment adopted or rescinds the notice. If
the amendment is adopted, it becomes
effective not less than 30 calendar days

§ 1546.201

after the foreign air carrier receives
the notice of amendment, unless the
foreign air carrier petitions the Administrator to reconsider no later than 15
calendar days before the effective date
of the amendment. The foreign air carrier 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 calendar 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
foreign air carrier 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
foreign air carrier may file a petition
for reconsideration under paragraph (c)
of this section; however, this does not
stay the effectiveness of the emergency
amendment.

Subpart C—Operations
§ 1546.201 Acceptance and screening of
individuals and accessible property.
(a) Preventing or deterring the carriage
of any explosive, incendiary, or weapon.
Unless otherwise authorized by TSA,
each foreign air carrier must use the
measures in its security program to
prevent or deter the carriage of any explosive, incendiary, or weapon on or
about each individual’s person or accessible property before boarding an
aircraft or entering a sterile area.

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§ 1546.202

49 CFR Ch. XII (10–1–15 Edition)

(b) Screening of individuals and accessible property. Except as provided in its
security program, each foreign air carrier 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 § 1546.207.
(c) Refusal to transport. Each foreign
air carrier conducting an operation for
which a security program is required
by § 1546.101(a), (b), or (c) 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) Explosive, incendiary, weapon: Prohibitions and exceptions. No individual
may, while on board an aircraft being
operated by a foreign air carrier in the
United States, carry on or about his
person a deadly or dangerous weapon,
either concealed or unconcealed. This
paragraph (d) does not apply to—
(1) Officials or employees of the state
of registry of the aircraft who are authorized by that state to carry arms;
and
(2) Crewmembers and other individuals authorized by the foreign air carrier to carry arms.
§ 1546.202 Persons and property onboard the aircraft.
Each foreign air carrier operating
under § 1546.101(e) or (f) 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.

jstallworth on DSK7TPTVN1PROD with CFR

[71 FR 30512, May 26, 2006]

§ 1546.203 Acceptance and screening of
checked baggage.
(a) Preventing or deterring the carriage
of any explosive or incendiary. Each foreign air carrier must use the proce-

dures, 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) Refusal to transport. Each foreign
air carrier 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.
(c) Firearms in checked baggage. No
foreign air carrier may knowingly permit any person to transport, nor may
any person transport, while aboard an
aircraft being operated in the United
States by that carrier, in checked baggage, a firearm, unless:
(1) The person has notified the foreign air carrier before checking the
baggage that the firearm is in the baggage; and
(2) The baggage is carried in an area
inaccessible to passengers.
§ 1546.205 Acceptance and screening of
cargo.
(a) Preventing or deterring the carriage
of any explosive or incendiary. Each foreign air carrier operating a program
under § 1546.101(a), (b), (e), or (f) must
use the procedures, facilities, and
equipment described in its security
program to prevent or deter the carriage of any unauthorized person, and
any unauthorized explosive, incendiary, and other destructive substance
or item in cargo onboard an aircraft.
(b) Refusal to transport. Each foreign
air carrier operating a program under
§ 1546.101(a), (b), (e), or (f) 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.
(c) Control. Each foreign air carrier
operating a program under § 1546.101(a),
(b), or (e) 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 onboard
the aircraft.

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Transportation Security Administration, DHS
(2) Prevents access by unauthorized
persons other than an authorized foreign air carrier employee or agent, or
persons authorized by the airport operator or host government.
(d) Screening and inspection of cargo in
the United States. For cargo to be loaded in the United States, each foreign
air carrier operating a program under
§ 1546.101(1)(a), (b), (e), or (f) must ensure that cargo is screened and inspected for any unauthorized person,
and any unauthorized explosive, incendiary, and other destructive substances
or items as provided in the foreign air
carrier’s
security
program
and
§ 1546.207, and as provided in § 1546.213
for operations under § 1546.101(a) or (b),
before loading it on its aircraft in the
United States.
(e) Acceptance of cargo only from specified persons. Except as otherwise provided in its program, each foreign air
carrier operating a program under
§ 1546.101(a), (b), (e) or (f) may accept
cargo for air transportation to be loaded in the United States only from the
shipper, or from 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 a foreign air carrier under
§ 1546.101(a) or (b), from a certified
cargo screening facility, as provided in
its security program.
(f) Acceptance of cargo to be loaded for
transport to the United States. Each foreign air carrier subject to this part
that accepts cargo to be loaded on its
aircraft for transport to the United
States must carry out the requirements of its security program.
(g) Screening of cargo loaded inside the
United States under § 1546.101(a) or (b).
For cargo to be loaded in the United
States, each foreign air carrier under
§ 1546.101(a) or (b) must ensure that all
cargo is screened in the United States
as follows:
(1) Amount screened. (i) Not later than
February 3, 2009, each foreign air carrier must ensure that at least 50 percent of its cargo is screened prior to
transport on a passenger aircraft.
(ii) Not later than August 3, 2010,
each foreign air carrier must ensure
that 100 percent of its cargo is screened

§ 1546.207

prior to transport on a passenger aircraft.
(2) Methods of screening. For the purposes of this paragraph (g), the foreign
air carrier 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, 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 foreign air carrier, 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) The foreign air carrier 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 30512, May 26, 2006, as amended at 74
FR 47704, Sept. 16, 2009; 76 FR 51868, Aug. 18,
2011; 76 FR 53081, Aug. 25, 2011]

§ 1546.207 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. As required in its security program, each
foreign air carrier must ensure that all
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.
(c) Foreign air carrier conducting
screening. Each foreign air carrier must
use the measures in its security program to inspect the individual or property. This paragraph does not apply at

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§ 1546.209

49 CFR Ch. XII (10–1–15 Edition)

locations identified in paragraphs (b) of
this section.

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§ 1546.209

Use of X-ray systems.

(a) TSA authorization required. No foreign air carrier may use any X-ray system within the United States to screen
accessible property or checked baggage, unless specifically authorized
under its security program. No foreign
air carrier may use such a system in a
manner contrary to its security program. TSA authorizes foreign air carriers to use X-ray systems for inspecting accessible property or checked baggage under a security program if the
foreign air carrier 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 efficient 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 foreign air carrier 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 foreign air carrier 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 foreign air carrier shows
that it can be moved without altering
its performance.

(d) Defect notice or modification order.
No foreign air carrier 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 a foreign air carrier uses
an X-ray system to inspect accessible
property the foreign air carrier must
ensure that a sign is posted in a conspicuous place at the screening checkpoint.
(2) At locations at which a foreign air
carrier or TSA uses an X-ray system to
inspect checked baggage the foreign air
carrier must ensure that a sign is posted in a conspicuous place where the
foreign air carrier accepts checked baggage.
(3) The signs required under this
paragraph must notify individuals that
such items are being inspected by an Xray and advise them to remove all Xray, 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 foreign air
carrier 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 foreign air carrier’s principal
business office; and

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Transportation Security Administration, DHS
(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 1 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
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) Each foreign air carrier must
comply with the X-ray operator duty
time limitations specified in its security program.

jstallworth on DSK7TPTVN1PROD with CFR

[67 FR 8377, Feb. 22, 2002, as amended at 69
FR 18803, Apr. 9, 2004]

§ 1546.211 Law enforcement personnel.
(a) At airports within the United
States not governed by part 1542 of this
chapter, each foreign air carrier engaging in public charter passenger operations must—
(1) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement officers meeting the qualifications and standards,
and in the number and manner, specified in part 1542; and
(2) When using an airplane having a
passenger seating configuration of 31 or
more but 60 or fewer seats for which a
screening system is not required by
§ 1546.101(a), (b), or (c), arrange for law
enforcement officers meeting the quali-

§ 1546.213

fications and standards specified in
part 1542 of this chapter to be available
to respond to an incident and provide
to appropriate employees, including
crewmembers,
current
information
with respect to procedures for obtaining law enforcement assistance at that
airport.
(b) At airports governed by part 1542
of this chapter, each foreign air carrier
engaging in scheduled passenger operations or public charter passenger operations when using an airplane with a
passenger seating configuration of 31 or
more and 60 or fewer seats under
§ 1546.101(c), must arrange for law enforcement personnel meeting the qualifications and standards specified in
part 1542 of this chapter to be available
to respond to an incident and provide
to appropriate employees, including
crewmembers,
current
information
with respect to procedures for obtaining law enforcement assistance at that
airport.
§ 1546.213 Access to cargo: Security
threat assessments for cargo personnel in the United States.
This section applies in the United
States to each foreign air carrier operating under § 1546.101(a), (b), or (e).
(a) Before a foreign air carrier 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
foreign air craft operator’s or foreign

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§ 1546.215

49 CFR Ch. XII (10–1–15 Edition)

air carrier’s security program; from
the time—
(i) The cargo reaches a location
where a foreign air carrier operating
under § 1546.101(e) 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) A foreign air carrier under
§§ 1546.101(a) or (b) 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 foreign air
carrier authorizes to screen cargo or to
supervise the screening of cargo under
§ 1546.205.
[74 FR 47705, Sept. 16, 2009]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1546.215

Known shipper program.

This section applies to each foreign
air carrier operating a program under
§ 1546.101(a) or (b).
(a) For cargo to be loaded on its aircraft in the United States, each foreign
air carrier 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 foreign
air carrier’s security program;
(2) Provide that the foreign air carrier will separate known shipper cargo
from unknown shipper cargo; and
(3) Provide for the foreign air carrier
to ensure that cargo is screened or inspected as set forth in its security program.
(b) When required by TSA, each foreign air carrier must submit in a form
and manner acceptable to TSA—
(1) Information identified in its security program regarding an applicant to
be a known shipper or a known shipper;
and
(2) Corrections and updates to the information upon learning of a change to

the information specified in paragraph
(b)(1) of this section.
[71 FR 30512, May 26, 2006]

Subpart D—Threat and Threat
Response
§ 1546.301

Bomb or air piracy threats.

No foreign air carrier may land or
take off an airplane in the United
States after receiving a bomb or air piracy threat against that airplane, unless the following actions are taken:
(a) If the airplane is on the ground
when a bomb threat is received and the
next scheduled flight of the threatened
airplane is to or from a place in the
United States, the foreign air carrier
ensures that the pilot in command is
advised to submit the airplane immediately for a security inspection and an
inspection of the airplane is conducted
before the next flight.
(b) If the airplane is in flight to a
place in the United States when a
bomb threat is received, the foreign air
carrier ensures that the pilot in command is advised immediately to take
the emergency action necessary under
the circumstances and a security inspection of the airplane is conducted
immediately after the next landing.
(c) If information is received of a
bomb or air piracy threat against an
airplane engaged in an operation specified in paragraph (a) or (b) of this section, the foreign air carrier ensures
that notification of the threat is given
to the appropriate authorities of the
State in whose territory the airplane is
located or, if in flight, the appropriate
authorities of the State in whose territory the airplane is to land.
[67 FR 8377, Feb. 22, 2002, as amended at 71
FR 30513, May 26, 2006]

Subpart E—Screener Qualifications When the Foreign Air
Carrier Conducts Screening
§ 1546.401
part.

Applicability

of

this

This subpart applies when the aircraft operator is conducting inspections as provided in § 1546.207.
[74 FR 47705, Sept. 16, 2009]

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Transportation Security Administration, DHS
§ 1546.403

[Reserved]

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§ 1546.405 Qualifications of screening
personnel.
(a) No individual subject to this subpart may perform a screening function
unless that individual has the qualifications
described
in
§§ 1546.405
through 1546.411. No foreign air carrier
may use such an individual to perform
a screening function unless that person
complies with the requirements of
§§ 1546.405 through 1546.411.
(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 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 foreign air carrier’s security program.
(2) Screeners operating any screening
equipment must be able to distinguish
each color displayed on every type of
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.

§ 1546.407

(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 that are the last point of departure to the United States, and where
the foreign air carrier has operational
control over a screening function, the
foreign air carrier may use screeners
who do not meet the requirements of
paragraph (f) of this section. At such
locations the foreign air carrier may
use screeners who are not United
States citizens.
§ 1546.407 Training,
testing,
and
knowledge of individuals who perform screening functions.
(a) Training required. Before performing screening functions, an individual must have completed initial, recurrent, and appropriate specialized
training as specified in this section and
the foreign air carrier’s security program. No foreign air carrier 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
foreign air carrier’s security program.
(c) Classroom instruction. Each screener must complete at least 40 hours of
classroom instruction or successfully

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§ 1546.409

49 CFR Ch. XII (10–1–15 Edition)

jstallworth on DSK7TPTVN1PROD with CFR

complete a program that TSA determines will train individuals to a level
of proficiency equivalent to the level
that would be achieved by such classroom instruction.
(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 foreign air carrier 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 foreign air carrier must ensure that individuals
performing
as
screeners,
screeners-in-charge, and checkpoint security supervisors for the foreign air
carrier have knowledge of the provisions of this part, the foreign air carrier’s security program, and applicable
emergency amendments to the foreign
air carrier’s security program to the
extent necessary to perform their duties.
§ 1546.409 Integrity of screener tests.
(a) Cheating or other unauthorized conduct. (1) Except as authorized by 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 foreign air carrier 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 foreign air carrier must administer and monitor the

screener readiness test. Where more
than one foreign air carrier or foreign
air carrier uses a screening location,
TSA may authorize an employee of one
or more of the foreign air carriers 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 foreign air carrier must provide a direct
employee to administer and monitor
the screener readiness test.
(4) An foreign air carrier 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.
§ 1546.411 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 § 1546.405 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 foreign air carrier 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 foreign air carrier’s security
program.
(d) Annual proficiency review. Each individual assigned screening duties shall

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Transportation Security Administration, DHS
receive an annual evaluation. The foreign air carrier must conduct and document 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 foreign air carrier’s security program; and
(3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.

PART 1548—INDIRECT AIR CARRIER
SECURITY
Sec.
1548.1 Applicability of this part.
1548.3 TSA inspection authority.
1548.5 Adoption and implementation of the
security program.
1548.7 Approval, amendment, annual renewal, and withdrawal of approval of the
security program.
1548.9 Acceptance of cargo.
1548.11 Training and knowledge for individuals with security-related duties.
1548.13 Security coordinators.
1548.15 Access to cargo: Security threat assessments
for
individuals
having
unescorted access to cargo.
1548.16 Security threat assessments for each
proprietor, general partner, officer, director, and certain owners of the entity.
1548.17 Known shipper program.
1548.19 Security Directives and Information
Circulars.
1548.21 Screening of cargo.
AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44913–44914, 44916–44917, 44932, 44935–
44936, 46105.

jstallworth on DSK7TPTVN1PROD with CFR

SOURCE: 67 FR 8382, Feb. 22, 2002, unless
otherwise noted.

§ 1548.1 Applicability of this part.
This part prescribes aviation security
rules governing each indirect air carrier engaged indirectly in the air transportation of property on aircraft.
[67 FR 8382, Feb. 22, 2002, as amended at 71
FR 33255, June 8, 2006]

§ 1548.3

§ 1548.5
TSA inspection authority.

(a) Each indirect air carrier 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 airport tenant with—
(1) This subchapter, and any security
program approved 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 indirect air carrier must provide evidence
of compliance with this subchapter and
its indirect air carrier security program, including copies of records.
(c) TSA may enter and be present
within areas where security measures
required by TSA are carried out without access media or identification
media issued or approved by the indirect air carrier, an airport operator, or
aircraft operator, in order to inspect or
test compliance, or perform other such
duties as TSA may direct.
[67 FR 8382, Feb. 22, 2002, as amended at 71
FR 30513, May 26, 2006]

§ 1548.5 Adoption and implementation
of the security program.
(a) Security program required. No indirect air carrier may offer cargo to an
aircraft operator operating under a full
program or a full all-cargo program
specified in part 1544 of this subchapter, or to a foreign air carrier operating
under
a
program
under
§ 1546.101(a), (b), or (e) of this subchapter, unless that indirect air carrier
has and carries out an approved security program under this part. Each indirect air carrier that does not currently hold a security program under
part 1548, and that offers cargo to an
aircraft operator operating under a full
all-cargo program or a comparable operation by a foreign air carrier must
comply with this section not later than
December 1, 2006.
(b) General requirements. (1) The security program must provide for the security of the aircraft, as well as that of
persons and property traveling in air
transportation against acts of criminal
violence and air piracy and against the

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