349
Transportation Security Administration, DHS
§ 1544.203
Subpart C—Operations
§ 1544.201
Acceptance and screening of
individuals and accessible property.
(a)
Preventing or deterring the carriage
of any explosive, incendiary, or deadly or
dangerous weapon. Each aircraft oper-
ator must use the measures in its secu-
rity program to prevent or deter the
carriage of any weapon, explosive, or
incendiary on or about each individ-
ual’s person or accessible property be-
fore boarding an aircraft or entering a
sterile area.
(b)
Screening of individuals and acces-
sible property. Except as provided in its
security program, each aircraft oper-
ator must ensure that each individual
entering a sterile area at each preboard
screening checkpoint for which it is re-
sponsible, and all accessible property
under that individual’s control, are in-
spected for weapons, explosives, and in-
cendiaries as provided in § 1544.207.
(c)
Refusal to transport. Each aircraft
operator must deny entry into a sterile
area and must refuse to transport—
(1) Any individual who does not con-
sent to a search or inspection of his or
her person in accordance with the sys-
tem 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)
Prohibitions on carrying a weapon,
explosive, or incendiary. Except as pro-
vided in §§ 1544.219, 1544.221, and 1544.223,
no aircraft operator may permit any
individual to have a weapon, explosive,
or incendiary, on or about the individ-
ual’s person or accessible property
when onboard an aircraft.
(e)
Staffing. Each aircraft operator
must staff its security screening check-
points with supervisory and non-super-
visory personnel in accordance with
the standards specified in its security
program.
§ 1544.202
Persons and property on-
board an all-cargo aircraft.
Each aircraft operator operating
under a full all-cargo program, or a
twelve-five program in an all-cargo op-
eration, must apply the security meas-
ures in its security program for persons
who board the aircraft for transpor-
tation, and for their property, to pre-
vent or deter the carriage of any unau-
thorized persons, and any unauthorized
weapons, explosives, incendiaries, and
other destructive devices, items, or
substances.
[71 FR 30510, May 26, 2006]
§ 1544.203
Acceptance and screening of
checked baggage.
(a)
Preventing or deterring the carriage
of any explosive or incendiary. Each air-
craft operator must use the procedures,
facilities, and equipment described in
its security program to prevent or
deter the carriage of any unauthorized
explosive or incendiary onboard air-
craft in checked baggage.
(b)
Acceptance. Each aircraft operator
must ensure that checked baggage car-
ried in the aircraft is received by its
authorized aircraft operator represent-
ative.
(c)
Screening of checked baggage. Ex-
cept as provided in its security pro-
gram, each aircraft operator must en-
sure that all checked baggage is in-
spected for explosives and incendiaries
before loading it on its aircraft, in ac-
cordance with § 1544.207.
(d)
Control. Each aircraft operator
must use the procedures in its security
program to control checked baggage
that it accepts for transport on an air-
craft, in a manner that:
(1) Prevents the unauthorized car-
riage of any explosive or incendiary
aboard the aircraft.
(2) Prevents access by persons other
than an aircraft operator employee or
its agent.
(e)
Refusal to transport. Each aircraft
operator must refuse to transport any
individual’s checked baggage or prop-
erty if the individual does not consent
to a search or inspection of that
checked baggage or property in accord-
ance with the system prescribed by
this part.
(f)
Firearms in checked baggage. No
aircraft operator may knowingly per-
mit any person to transport in checked
baggage:
(1) Any loaded firearm(s).
(2) Any unloaded firearm(s) unless—
(i) The passenger declares to the air-
craft operator, either orally or in writ-
ing before checking the baggage that
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350
49 CFR Ch. XII (10–1–23 Edition)
§ 1544.205
any firearm carried in the baggage is
unloaded;
(ii) The firearm is carried in a hard-
sided container;
(iii) The container in which it is car-
ried is locked, and only the individual
checking the baggage retains the key
or combination; and
(iv) The checked baggage containing
the firearm is carried in an area that is
inaccessible to passengers, and is not
carried in the flightcrew compart-
ment,.
(3) Any unauthorized explosive or in-
cendiary.
(g)
Ammunition. This section does not
prohibit the carriage of ammunition in
checked baggage or in the same con-
tainer as a firearm. Title 49 CFR part
175 provides additional requirements
governing carriage of ammunition on
aircraft.
§ 1544.205
Acceptance and screening of
cargo.
(a)
Preventing or deterring the carriage
of any explosive or incendiary. Each air-
craft operator operating under a full
program, a full all-cargo program, or a
twelve-five program in an all-cargo op-
eration, must use the procedures, fa-
cilities, and equipment described in its
security program to prevent or deter
the carriage of any unauthorized per-
sons, and any unauthorized explosives,
incendiaries, and other destructive sub-
stances or items in cargo onboard an
aircraft.
(b)
Screening and inspection of cargo.
Each aircraft operator operating under
a full program or a full all-cargo pro-
gram, or a twelve-five program in an
all-cargo operation, must ensure that
cargo is screened and inspected for any
unauthorized person, and any unau-
thorized explosive, incendiary, and
other destructive substance or item as
provided in the aircraft operator’s se-
curity program and § 1544.207, and as
provided in § 1544.239 for operations
under a full program, before loading it
on its aircraft.
(c)
Control. Each aircraft operator op-
erating under a full program or a full
all-cargo program must use the proce-
dures in its security program to con-
trol cargo that it accepts for transport
on an aircraft in a manner that:
(1) Prevents the carriage of any un-
authorized person, and any unauthor-
ized explosive, incendiary, and other
destructive substance or item in cargo
onboard an aircraft.
(2) Prevents unescorted access by
persons other than an authorized air-
craft operator employee or agent, or
persons authorized by the airport oper-
ator or host government.
(d)
Refusal to transport. Except as oth-
erwise provided in its program, each
aircraft operator operating under a full
program, a full all-cargo program, or a
twelve-five program in an all-cargo op-
eration, 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.
(e)
Acceptance of cargo only from speci-
fied persons. Each aircraft operator op-
erating under a full program or a full
all-cargo program may accept cargo to
be loaded in the United States for air
transportation only from the shipper,
an aircraft operator, foreign air car-
rier, or indirect air carrier operating
under a security program under this
chapter with a comparable cargo secu-
rity program, or, in the case of an oper-
ator under a full program, from a cer-
tified cargo screening facility, as pro-
vided in its security program.
(f)
Acceptance and screening of cargo
outside the United States. For cargo to
be loaded on its aircraft outside the
United States, each aircraft operator
must carry out the requirements of its
security program.
(g)
Screening of cargo loaded inside the
United States by a full program operator.
For cargo to be loaded in the United
States, each operator under a full pro-
gram in § 1544.101(a) must ensure that
all cargo is screened in the United
States as follows:
(1)
Amount screened. (i) Not later than
February 3, 2009, each operator under a
full program 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 operator under a full program
must ensure that 100 percent of its
cargo is screened prior to transport on
a passenger aircraft.
(2)
Methods of screening. For the pur-
poses of this paragraph (g), the aircraft
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