title-49-part-1544-sec1544-103

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49 CFR Ch. XII (10–1–23 Edition)

§ 1544.103

45,500 kg (100,309.3 pounds), or a pas-
senger-seating configuration of 61 or
more, and is not a government charter
under paragraph (2) of the definition of
private charter in § 1540.5 of this chap-
ter.

(2) The Administrator may authorize

alternate procedures under paragraph
(f)(1) of this section as appropriate.

(g)

Limited program: In addition to

paragraph (d) of this section, if applica-
ble, TSA may approve a security pro-
gram after receiving a request by an
aircraft operator holding a certificate
under 14 CFR part 119, other than one
identified in paragraph (a), (b), (d), or
(f) of this section. The aircraft operator
must—

(1) Carry out selected provisions of

subparts C, D, and E;

(2) Carry out the provisions of

§ 1544.305, as specified in its security
program; and

(3) Adopt and carry out a security

program that meets the applicable re-
quirements of § 1544.103 (c).

(h)

Full all-cargo program—adoption:

Each aircraft operator must carry out
the requirements of paragraph (i) of
this section for each operation that
is—

(1) In an aircraft with a maximum

certificated takeoff weight of more
than 45,500 kg (100,309.3 pounds); and

(2) Carrying cargo and authorized

persons and no passengers.

(i)

Full all-cargo program—contents:

For each operation described in para-
graph (h) of this section, the aircraft
operator must carry out the following,
and must adopt and carry out a secu-
rity program that meets the applicable
requirements of § 1544.103(c):

(1) The requirements of §§ 1544.202,

1544.205, 1544.207, 1544.209, 1544.211,
1544.215, 1544.217, 1544.219, 1544.225,
1544.227, 1544.228, 1544.229, 1544.230,
1544.231, 1544.233, 1544.235, 1544.237,
1544.301, 1544.303, and 1544.305.

(2) Other provisions of subpart C of

this part that TSA has approved upon
request.

(3) The remaining requirements of

subpart C of this part when TSA noti-
fies the aircraft operator in writing

that a security threat exists con-
cerning that operation.

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

§ 1544.103

Form, content, and avail-

ability.

(a)

General requirements. Each secu-

rity program must:

(1) Provide for the safety of persons

and property traveling on flights pro-
vided by the aircraft operator against
acts of criminal violence and air pi-
racy, and the introduction of explo-
sives, incendiaries, or weapons aboard
an aircraft.

(2) Be in writing and signed by the

aircraft operator or any person dele-
gated authority in this matter.

(3) Be approved by TSA.
(b)

Availability. Each aircraft oper-

ator having a security program must:

(1) Maintain an original copy of the

security program at its corporate of-
fice.

(2) Have accessible a complete copy,

or the pertinent portions of its security
program, or appropriate implementing
instructions, at each airport served. An
electronic version of the program is
adequate.

(3) Make a copy of the security pro-

gram available for inspection upon re-
quest of TSA.

(4) Restrict the distribution, disclo-

sure, and availability of information
contained in the security program to
persons with a need-to-know as de-
scribed in part 1520 of this chapter.

(5) Refer requests for such informa-

tion by other persons to TSA.

(c)

Content. The security program

must include, as specified for that air-
craft operator in § 1544.101, the fol-
lowing:

(1) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.201 regarding the acceptance and
screening of individuals and their ac-
cessible property, including, if applica-
ble, the carriage weapons as part of
State-required emergency equipment.

(2) The procedures and description of

the facilities and equipment used to
comply with the requirements of

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Transportation Security Administration, DHS

§ 1544.105

§ 1544.203 regarding the acceptance and
screening of checked baggage.

(3) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.205 regarding the acceptance and
screening of cargo.

(4) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.207 regarding the screening of in-
dividuals and property.

(5) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.209 regarding the use of metal de-
tection devices.

(6) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.211 regarding the use of x-ray sys-
tems.

(7) The procedures and description of

the facilities and equipment used to
comply with the requirements of
§ 1544.213 regarding the use of explo-
sives detection systems.

(8) The procedures used to comply

with the requirements of § 1544.215 re-
garding the responsibilities of security
coordinators. The names of the Air-
craft Operator Security Coordinator
(AOSC) and any alternate, and the
means for contacting the AOSC(s) on a
24-hour basis, as provided in § 1544.215.

(9) The procedures used to comply

with the requirements of § 1544.217 re-
garding the requirements for law en-
forcement personnel.

(10) The procedures used to comply

with the requirements of § 1544.219 re-
garding carriage of accessible weapons.

(11) The procedures used to comply

with the requirements of § 1544.221 re-
garding carriage of prisoners under the
control of armed law enforcement offi-
cers.

(12) The procedures used to comply

with the requirements of § 1544.223 re-
garding transportation of Federal Air
Marshals.

(13) The procedures and description of

the facilities and equipment used to
perform the aircraft and facilities con-
trol function specified in § 1544.225.

(14) The specific locations where the

air carrier has entered into an exclu-
sive area agreement under § 1544.227.

(15) The procedures used to comply

with the applicable requirements of
§§ 1544.229 and 1544.230 regarding finger-
print-based criminal history records
checks.

(16) The procedures used to comply

with the requirements of § 1544.231 re-
garding personnel identification sys-
tems.

(17) The procedures and syllabi used

to accomplish the training required
under § 1544.233.

(18) The procedures and syllabi used

to accomplish the training required
under § 1544.235.

(19) An aviation security contingency

plan as specified under § 1544.301.

(20) The procedures used to comply

with the requirements of § 1544.303 re-
garding bomb and air piracy threats.

(21) The procedures used to comply

with § 1544.237 regarding flight deck
privileges.

(22) The Aircraft Operator Implemen-

tation Plan (AOIP) as required under 49
CFR 1560.109.

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

§ 1544.105

Approval and amendments.

(a)

Initial approval of security program.

Unless otherwise authorized by TSA,
each aircraft operator required to have
a security program under this part
must submit its proposed security pro-
gram to the designated official for ap-
proval at least 90 days before the in-
tended date of operations. The pro-
posed security program must meet the
requirements applicable to its oper-
ation as described in § 1544.101. Such re-
quests will be processed as follows:

(1) The designated official, within 30

days after receiving the proposed air-
craft operator security program, will
either approve the program or give the
aircraft operator written notice to
modify the program to comply with the
applicable requirements of this part.

(2) The aircraft operator may either

submit a modified security program to
the designated official for approval, or
petition the Administrator to recon-
sider the notice to modify within 30
days of receiving a notice to modify. A
petition for reconsideration must be
filed with the designated official.