49 Cfr 1548

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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§ 1548.7

49 CFR Ch. XII (10–1–15 Edition)

introduction into the aircraft of any
unauthorized person, and any unauthorized explosive, incendiary, and
other destructive substance or item as
provided in the indirect air carrier’s security program. This requirement applies—
(i) From the time the indirect air
carrier accepts the cargo to the time it
transfers the cargo to an entity that is
not an employee or agent of the indirect air carrier;
(ii) While the cargo is stored, en
route, or otherwise being handled by an
employee or agent of the indirect air
carrier; and
(iii) Regardless of whether the indirect air carrier has or ever had physical possession of the cargo.
(2) The indirect air carrier must ensure that its employees and agents
carry out the requirements of this
chapter and the indirect air carrier’s
security program.
(c) Content. Each security program
under this part must—
(1) Be designed to prevent or deter
the introduction of any unauthorized
person, and any unauthorized explosive, incendiary, and other destructive
substance or item onto an aircraft.
(2) Include the procedures and description of the facilities and equipment used to comply with the requirements of §§ 1548.9 and 1548.17 regarding
the acceptance and offering of cargo.
(3) Include the procedures and syllabi
used to accomplish the training required under § 1548.11 of persons who accept, handle, transport, or deliver
cargo on behalf of the indirect air carrier.
(d) Availability. Each indirect air carrier having a security program must:
(1) Maintain an original of the security program at its corporate office.
(2) Have accessible a complete copy,
or the pertinent portions of its security
program, or appropriate implementing
instructions, at each office where cargo
is accepted. An electronic version is
adequate.
(3) Make a copy of the security program available for inspection upon the
request of TSA.
(4) Restrict the distribution, disclosure, and availability of information
contained in its security program to

persons with a need to know, as described in part 1520 of this chapter.
(5) Refer requests for such information by other persons to TSA.
[67 FR 8382, Feb. 22, 2002, as amended at 71
FR 30513, May 26, 2006; 71 FR 31964, June 2,
2006]

§ 1548.7 Approval, amendment, annual
renewal, and withdrawal of approval of the security program.
(a) Original Application—(1) Application. The applicant must apply for a security program in a form and a manner
prescribed by TSA not less than 90 calendar days before the applicant intends
to begin operations. The application
must be in writing and include:
(i) The business name; other names,
including doing business as; state of incorporation, if applicable; and tax identification number.
(ii) The applicant names, addresses,
and dates of birth of each proprietor,
general partner, officer, director, and
owner identified under § 1548.16.
(iii) A signed statement from each
person listed in paragraph (a)(1)(ii) of
this section stating whether he or she
has been a proprietor, general partner,
officer, director, or owner of an IAC
that had its security program withdrawn by TSA.
(iv) Copies of government-issued
identification of persons listed in paragraph (a)(1)(ii) of this section.
(v) Addresses of all business locations
in the United States.
(vi) A statement declaring whether
the business is a ‘‘’small business’’’
pursuant to section 3 of the Small
Business Act (15 U.S.C. 632).
(vii) A statement acknowledging and
ensuring that each employee and agent
of the indirect air carrier, who is subject to training under § 1548.11, will
have successfully completed the training outlined in its security program before performing security-related duties.
(viii) Other information requested by
TSA concerning Security Threat Assessments.
(ix) A statement acknowledging and
ensuring that each employee and agent
will successfully complete a Security
Threat Assessment under § 1548.15 before authorizing the individual to have
unescorted access to cargo.

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Transportation Security Administration, DHS
(2) Approval. TSA will approve the security program by providing the indirect air carrier with the Indirect Air
Carrier Standard Security Program
and any Security Directive upon determining that—
(i) The indirect air carrier has met
the requirements of this part, its security program, and any applicable Security Directive;
(ii) The approval of its security program is not contrary to the interests of
security and the public interest; and
(iii) The indirect air carrier has not
held a security program that was withdrawn within the previous year, unless
otherwise authorized by TSA.
(3) Commencement of operations. The
indirect air carrier may operate under
a security program when it meets all
requirements, including but not limited to successful completion of training and Security Threat Assessments
by relevant personnel.
(4) Duration of security program. The
security program will remain effective
until the end of the calendar month
one year after the month it was approved.
(5) Requirement to report changes in information. Each indirect air carrier
with an approved security program
under this part must notify TSA, in a
form and manner approved by TSA, of
any changes to the information submitted during its initial application.
(i) This notification must be submitted to the designated official not
later than 30 days after the date the
change occurred.
(ii) Changes included in the requirement of this paragraph include, but are
not limited to, changes in the indirect
air carrier’s contact information, owners, business addresses and locations,
and form of business entity.
(b) Renewal Application. Upon timely
submittal of an application for renewal, and unless and until TSA denies
the application, the indirect air carrier’s approved security program remains in effect.
(1) Unless otherwise authorized by
TSA, each indirect air carrier that has
a security program under this part
must timely submit to TSA, at least 30
calendar days prior to the first day of
the anniversary month of initial approval of its security program, an ap-

§ 1548.7

plication for renewal of its security
program in a form and a manner approved by TSA.
(2) The application for renewal must
be in writing and include a signed
statement that the indirect air carrier
has reviewed and ensures the continuing accuracy of the contents of its
initial application for a security program, subsequent renewal applications,
or other submissions to TSA confirming a change of information and
noting the date such applications and
submissions were sent to TSA, including the following certification:
[Name of indirect air carrier] (hereinafter
‘‘the IAC’’) has adopted and is currently carrying out a security program in accordance
with the Transportation Security Regulations as originally approved on [Insert date
of TSA initial approval]. In accordance with
TSA regulations, the IAC has notified TSA
of any new or changed information required
for the IAC’s initial security program. If new
or changed information is being submitted to
TSA as part of this application for reapproval, that information is stated in this
filing.
The IAC understands that intentional falsification of certification to an air carrier or
to TSA may be subject to both civil and
criminal penalties under 49 CFR 1540 and 1548
and 18 U.S.C. 1001. Failure to notify TSA of
any new or changed information required for
initial approval of the IAC’s security program in a timely fashion and in a form acceptable to TSA may result in withdrawal by
TSA of approval of the IAC’s security program.

(3) TSA will renew approval of the security program if TSA determines
that—
(i) The indirect air carrier has met
the requirements of this chapter, its
security program, and any Security Directive; and
(ii) The renewal of its security program is not contrary to the interests of
security and the public interest.
(4) If TSA determines that the indirect air carrier meets the requirements
of paragraph (b)(3) of this section, it
will renew the indirect air carrier’s security program. The security program
will remain effective until the end of
the calendar month one year after the
month it was renewed.
(c) Amendment requested by an indirect
air carrier or applicant. An indirect air
carrier or applicant may file a request

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§ 1548.7

49 CFR Ch. XII (10–1–15 Edition)

for an amendment to its security program with the TSA designated official
at least 45 calendar days before the
date it proposes for the amendment to
become effective, unless the designated
official allows a shorter period. Any indirect air carrier may submit a group
proposal for an amendment that is on
behalf of it and other indirect air carriers that co-sign the proposal.
(1) Within 30 calendar days after receiving a proposed amendment, the
designated official, in writing, either
approves or denies the request to
amend.
(2) An amendment to an indirect air
carrier security program may be approved, if the designated official determines that safety and the public interest will allow it, and if the proposed
amendment provides the level of security required under this part.
(3) Within 30 calendar days after receiving a denial of the proposed amendment, the indirect air carrier may petition TSA to reconsider the denial. A
petition for reconsideration must be
filed with the designated official.
(4) 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
TSA for reconsideration. TSA will dispose of the petition within 30 calendar
days of receipt by either directing the
designated official to approve the
amendment or by affirming the denial.
(d) Amendment by TSA. TSA may
amend a security program in the interest of safety and the public interest, as
follows:
(1) TSA notifies the indirect air carrier, in writing, of the proposed amendment, fixing a period of not less than 30
calendar days within which the indirect air carrier may submit written information, views, and arguments on
the amendment.
(2) After considering all relevant material, the designated official notifies
the indirect air carrier of any amendment adopted or rescinds the notice of
amendment. If the amendment is
adopted, it becomes effective not less
than 30 calendar days after the indirect
air carrier receives the notice of
amendment, unless the indirect air carrier disagrees with the proposed

amendment and petitions the TSA to
reconsider, no later than 15 calendar
days before the effective date of the
amendment. The indirect 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
of amendment, or transmits the petition, together with any pertinent information, to TSA for reconsideration.
TSA disposes of the petition within 30
calendar days of receipt, either by directing the designated official to withdraw or amend the notice of amendment, or by affirming the notice of
amendment.
(e) Emergency Amendments. (1) If TSA
finds that there is an emergency requiring immediate action, with respect
to aviation security that makes procedures in this section contrary to the
public interest, the designated official
may issue an emergency amendment,
without the prior notice and comment
procedures described in paragraph (d)
of this section.
(2) The emergency amendment is effective without stay on the date the indirect air carrier receives notification.
TSA will incorporate in the notification a brief statement of the reasons
and findings for the emergency amendment to be adopted.
(3) The indirect air carrier may file a
petition for reconsideration with the
TSA no later than 15 calendar days
after TSA issued the emergency
amendment. The indirect air carrier
must send the petition for reconsideration to the designated official; however, the filing does not stay the effective date of the emergency amendment.
(f) Withdrawal of approval of a security
program. Section 1540.301 includes procedures for withdrawal of approval of a
security program.
(g) Service of documents for withdrawal
of approval of security program proceedings. Service may be accomplished
by personal delivery, certified mail, or
express courier. Documents served on
an indirect air carrier will be served at
the indirect air carrier’s official place

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Transportation Security Administration, DHS
of business as designated in its application for approval or its security program. Documents served on TSA must
be served to the address noted in the
notice of withdrawal of approval or
withdrawal of approval, whichever is
applicable.
(1) Certificate of service. An individual
may attach a certificate of service to a
document tendered for filing. A certificate of service must consist of a statement, dated and signed by the person
filing the document, that the document
was personally delivered, served by certified mail on a specific date, or served
by express courier on a specific date.
(2) Date of service. The date of service
will be—
(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 of the limits set
forth in this section for good cause
shown. An indirect air carrier’s request
for an extension of time must be in
writing and be received by TSA at least
2 days before the due date to be extended. TSA may grant itself an extension of time for good cause.

jstallworth on DSK7TPTVN1PROD with CFR

[71 FR 30513, May 26, 2006, as amended at 74
FR 47705, Sept. 16, 2009]

§ 1548.9 Acceptance of cargo.
(a) Preventing or deterring the carriage
of any explosive or incendiary. Each indirect air carrier must use the facilities,
equipment, and procedures described in
its security program to prevent or
deter the carriage onboard an aircraft
of any unauthorized person, and any
unauthorized explosive, incendiary,
and other destructive substance or
item, as provided in the indirect air
carrier’s security program.
(b) Refusal to transport. Each indirect
air carrier must refuse to offer for
transport on an aircraft any cargo, if
the shipper does not consent to a
search or inspection of that cargo in

§ 1548.13

accordance with this part, or parts 1544
or 1546 of this chapter.
[71 FR 30515, May 26, 2006]

§ 1548.11 Training and knowledge for
individuals with security-related
duties.
(a) No indirect air carrier may use an
employee or agent to perform any security-related duties to meet the requirements of its security program, unless
that individual has received training,
as specified in its security program, including his or her personal responsibilities in § 1540.105 of this chapter.
(b) Each indirect air carrier must ensure that each of its authorized employees or agents who accept, handle,
transport, or deliver cargo have knowledge of the—
(1) Applicable provisions of this part;
(2) Applicable Security Directives
and Information Circulars;
(3) The approved airport security program(s) applicable to their location(s);
and
(4) The aircraft operator’s or indirect
air carrier’s security program, to the
extent necessary in order to perform
their duties.
(c) Each indirect air carrier must ensure that each of its authorized employees or agents under paragraph (b)
of this section successfully completes
recurrent training at least annually on
their individual responsibilities in—
(1) Section 1540.105 of this chapter;
(2) The applicable provisions of this
part;
(3) Applicable Security Directives
and Information Circulars;
(4) The approved airport security program(s) applicable to their location(s);
and
(5) The aircraft operator’s or indirect
air carrier’s security program, to the
extent that such individuals need to
know in order to perform their duties.
(d) Operators must comply with the
requirements of this section not later
than November 22, 2006, for direct employees and not later than June 15,
2007, for agents.
[71 FR 30515, May 26, 2006, as amended at 71
FR 62549, Oct. 25, 2006]

§ 1548.13 Security coordinators.
Each indirect air carrier must designate and use an Indirect Air Carrier

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§ 1548.15

49 CFR Ch. XII (10–1–15 Edition)

Security Coordinator (IACSC). The
IACSC and alternates must be appointed at the corporate level and must
serve as the indirect air carrier’s primary contact for security-related activities and communications with TSA,
as set forth in the security program.
Either the IACSC or an alternate
IACSC must be available on a 24-hour
basis.

jstallworth on DSK7TPTVN1PROD with CFR

[71 FR 30515, May 26, 2006]

§ 1548.15 Access to cargo: Security
threat assessments for individuals
having unescorted access to cargo.
(a) Before an indirect 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 indirect air carrier 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
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 indirect air
carrier’s security program; from the
time—
(i) Cargo to be transported on an allcargo aircraft operated by an aircraft
operator with a full all-cargo program
under § 1544.101(h) of this chapter, or by
a foreign air carrier under § 1546.101(e)
of this chapter, reaches an indirect air
carrier facility where the indirect air
carrier consolidates or holds the cargo,
until the indirect air carrier transfers
the cargo to an aircraft operator or foreign air carrier; or
(ii) Cargo to be transported on a passenger aircraft operated by an aircraft
operator with a full program under
§ 1544.101(a) or by a foreign air carrier
under § 1546.101(a) or (b) of this chapter,

is accepted by the indirect air carrier,
until the indirect air carrier transfers
the cargo to an aircraft operator or foreign air carrier.
(2) Each individual the indirect air
carrier authorizes to screen cargo or to
supervise the screening of cargo under
§ 1548.21.
[74 FR 47705, Sept. 16, 2009, as amended at 76
FR 51868, Aug. 18, 2011]

§ 1548.16 Security threat assessments
for each proprietor, general partner, officer, director, and certain
owners of the entity.
(a) Before an indirect air carrier permits a proprietor, general partner, officer, director, or owner of the entity to
perform those functions—
(1) The proprietor, general partner,
officer, director, or owner of the entity
must successfully complete a security
threat assessment or comparable security threat assessment described in
part 1540 subpart C of this chapter; and
(2) Each indirect air carrier must
complete the requirements in 49 CFR
part 1540, subpart C.
(b) For purposes of this section,
owner means—
(1) A person who directly or indirectly owns, controls, or has power to
vote 25 percent or more of any class of
voting securities or other voting interests of an IAC or applicant to be an
IAC; or
(2) A person who directly or indirectly controls in any manner the election of a majority of the directors (or
individuals exercising similar functions) of an IAC, or applicant to be an
IAC.
(c) For purposes of this definition of
owner—
(1) Members of the same family must
be considered to be one person.
(i) Same family means parents,
spouses, children, siblings, uncles,
aunts, grandparents, grandchildren,
first cousins, stepchildren, stepsiblings,
and parents-in-law, and spouses of any
of the foregoing.
(ii) Each member of the same family,
who has an ownership interest in an
IAC, or an applicant to be an IAC, must
be identified if the family is an owner
as a result of aggregating the ownership interests of the members of the
family.

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Transportation Security Administration, DHS
(iii) In determining the ownership of
interests of the same family, any voting interest of any family member
must be taken into account.
(2) Voting securities or other voting interests means securities or other interests that entitle the holder to vote for
or select directors (or individuals exercising similar functions).
(d) Each indirect air carrier, or applicant to be an indirect air carrier, must
ensure that each proprietor, general
partner, officer, director and owner of
the entity has successfully completed a
Security Threat Assessment under part
1540, subpart C, of this chapter not
later than a date to be specified by
TSA in a future rule in the FEDERAL
REGISTER.
[71 FR 30516, May 26, 2006; 71 FR 31965, June
2, 2006, as amended at 71 FR 62550, Oct. 25,
2006; 72 FR 13026, Mar. 20, 2007; 74 FR 47706,
Sept. 16, 2009]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1548.17

Known shipper program.

This section applies to cargo that an
indirect air carrier offers to an aircraft
operator operating under a full program under § 1544.101(a) of this chapter,
or to a foreign air carrier operating
under § 1546.101(a) or (b) of this chapter.
(a) For cargo to be loaded on aircraft
in the United States, each indirect 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 its security program;
(2) Provide that the indirect air carrier will separate known shipper cargo
from unknown shipper cargo.
(b) When required by TSA, each indirect air carrier must submit to TSA, 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 of this information upon learning of a change to
the information specified in paragraph
(b)(1) of this section.
[71 FR 30516, May 26, 2006]

§ 1548.19

§ 1548.19 Security Directives and Information Circulars.
(a) TSA may issue an Information
Circular to notify indirect air carriers
of security concerns.
(b) 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.
(1) Each indirect air carrier that is
required to have an approved indirect
air carrier security program must comply with each Security Directive that
TSA issues to it, within the time prescribed in the Security Directive for
compliance.
(2) Each indirect air carrier that receives a Security Directive must comply with the following:
(i) Within the time prescribed in the
Security Directive, acknowledge in
writing receipt of the Security Directive to TSA.
(ii) Within the time prescribed in the
Security Directive, specify the method
by which the measures in the Security
Directive have been implemented (or
will be implemented, if the Security
Directive is not yet effective).
(3) In the event that the indirect air
carrier is unable to implement the
measures in the Security Directive, the
indirect air carrier must submit proposed alternative measures and the
basis for submitting the alternative
measures to TSA for approval.
(i) The indirect air carrier must submit the proposed alternative measures
within the time prescribed in the Security Directive.
(ii) The indirect air carrier must implement any alternative measures approved by TSA.
(4) Each indirect air carrier that receives a Security Directive may comment on it by submitting data, views,
or arguments in writing to TSA.
(i) TSA may amend the Security Directive based on comments received.
(ii) Submission of a comment does
not delay the effective date of the Security Directive.
(5) Each indirect air carrier that receives a Security Directive or Information Circular, and each person who receives information from a Security Directive or Information Circular, must:

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§ 1548.21

49 CFR Ch. XII (10–1–15 Edition)

(i) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with a
need-to-know.
(ii) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with
a need-to-know without the prior written consent of TSA.
[71 FR 30516, May 26, 2006]

§ 1548.21 Screening of cargo.
An IAC may only screen cargo for
transport on a passenger aircraft under
§§ 1544.205 and 1546.205 if the IAC is a
certified cargo screening facility as
provided in part 1549.
[74 FR 47706, Sept. 16, 2009]

PART 1549—CERTIFIED CARGO
SCREENING PROGRAM
Subpart A—General
Sec.
1549.1 Applicability.
1549.3 TSA inspection authority.
1549.5 Adoption and implementation of the
security program.
1549.7 Approval, amendment, renewal of the
security program and certification of a
certified cargo screening facility.

Subpart B—Operations
1549.101 Acceptance, screening, and transfer
of cargo.
1549.103 Qualifications and training of individuals with security-related duties.
1549.105 Recordkeeping.
1549.107 Security coordinators.
1549.109 Security Directives and Information Circulars.
1549.111 Security threat assessments for
personnel of certified cargo screening facilities.
AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44913–44914, 44916–44917, 44932, 44935–
44936, 46105.
SOURCE: 74 FR 47706, Sept. 16, 2009, unless
otherwise noted.

jstallworth on DSK7TPTVN1PROD with CFR

Subpart A—General
§ 1549.1 Applicability.
This part applies to each facility applying for or certified by TSA as a certified cargo screening facility to screen

cargo that will be transported on a passenger aircraft operated under a full
program under 49 CFR 1544.101(a), or a
foreign air carrier operating under a
program under 49 CFR 1546.101(a) or (b).
§ 1549.3

TSA inspection authority.

(a) Each certified cargo screening facility must allow TSA, at any time or
place, in a reasonable manner, without
advance notice, to enter the facility
and make any inspections or tests, including copying records, to—
(1) Determine compliance of a certified cargo screening facility, airport
operator, foreign air carrier, indirect
air carrier, or airport tenant with this
chapter and 49 U.S.C. 114 and Subtitle
VII, as amended; or
(2) Carry out TSA’s statutory or regulatory authorities, including its authority to—
(i) Assess threats to transportation;
(ii) Enforce security-related regulations, directives, and requirements:
(iii) Inspect, maintain, and test the
security of facilities, equipment, and
systems;
(iv) Ensure the adequacy of security
measures for the transportation of passengers and cargo;
(v) Oversee the implementation, and
ensure the adequacy, of security measures at airports and other transportation facilities;
(vi) Review security plans; and
(vii) Carry out such other duties, and
exercise such other powers, relating to
transportation security as the Assistant Secretary of Homeland Security
for the TSA considers appropriate, to
the extent authorized by law.
(b) At the request of TSA, each certified cargo screening facility must
provide evidence of compliance with
this
chapter,
including
copying
records.
(c) TSA and DHS officials working
with TSA may conduct inspections
under this section without access
media or identification media issued or
approved by a certified cargo screening
facility or other person, except that
the TSA and DHS officials will have
identification media issued by TSA or
DHS.

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