347
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.
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49 CFR Ch. XII (10–1–23 Edition)
§ 1544.105
(3) The designated official, upon re-
ceipt of a petition for reconsideration,
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 days of receipt by either di-
recting the designated official to with-
draw or amend the notice to modify, or
by affirming the notice to modify.
(b)
Amendment requested by an aircraft
operator. An aircraft operator may sub-
mit a request to TSA to amend its se-
curity program as follows:
(1) The request for an amendment
must be filed with the designated offi-
cial at least 45 days before the date it
proposes for the amendment to become
effective, unless a shorter period is al-
lowed by the designated official.
(2) Within 30 days after receiving a
proposed amendment, the designated
official, in writing, either approves or
denies the request to amend.
(3) An amendment to an aircraft op-
erator security program may be ap-
proved if the designated official deter-
mines that safety and the public inter-
est will allow it, and the proposed
amendment provides the level of secu-
rity required under this part.
(4) Within 30 days after receiving a
denial, the aircraft operator may peti-
tion the Administrator to reconsider
the denial. A petition for reconsider-
ation must be filed with the designated
official.
(5) Upon receipt of a petition for re-
consideration, 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 days of receipt by either di-
recting the designated official to ap-
prove the amendment, or affirming the
denial.
(6) Any aircraft operator may submit
a group proposal for an amendment
that is on behalf of it and other air-
craft operators that co-sign the pro-
posal.
(c)
Amendment by TSA. If safety and
the public interest require an amend-
ment, TSA may amend a security pro-
gram as follows:
(1) The designated official notifies
the aircraft operator, in writing, of the
proposed amendment, fixing a period of
not less than 30 days within which the
aircraft operator may submit written
information, views, and arguments on
the amendment.
(2) After considering all relevant ma-
terial, the designated official notifies
the aircraft operator of any amend-
ment adopted or rescinds the notice. If
the amendment is adopted, it becomes
effective not less than 30 days after the
aircraft operator receives the notice of
amendment, unless the aircraft oper-
ator petitions the Administrator to re-
consider no later than 15 days before
the effective date of the amendment.
The aircraft operator must send the pe-
tition for reconsideration to the des-
ignated official. A timely petition for
reconsideration stays the effective date
of the amendment.
(3) Upon receipt of a petition for re-
consideration, 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 days of receipt by either di-
recting the designated official to with-
draw or amend the amendment, or by
affirming the amendment.
(d)
Emergency amendments. If the des-
ignated official finds that there is an
emergency requiring immediate action
with respect to safety in air transpor-
tation or in air commerce that makes
procedures in this section contrary to
the public interest, the designated offi-
cial may issue an amendment, without
the prior notice and comment proce-
dures in paragraph (c) of this section,
effective without stay on the date the
aircraft operator 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
aircraft operator may file a petition
for reconsideration under paragraph (c)
of this section; however, this does not
stay the effective date of the emer-
gency amendment.
[67 FR 8353, Feb. 22, 2002, as amended at 76
FR 51867, Aug. 18, 2011]
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