title-49-part-1544-sec1544-205

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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Transportation Security Administration, DHS

§ 1544.211

operator must ensure that cargo is
screened using a physical examination
or non-intrusive method of assessing
whether cargo poses a threat to trans-
portation security, as provided in its
security program. Such methods may
include TSA-approved x-ray systems,
explosives detection systems, explo-
sives trace detection, explosives detec-
tion canine teams certified by TSA, or
a physical search together with mani-
fest verification, or other method ap-
proved by TSA.

(3)

Limitation on who may conduct

screening. Screening must be conducted
by the aircraft operator, 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)

Verification. The aircraft operator

must verify that the chain of custody
measures for the screened cargo are in-
tact prior to loading such cargo on air-
craft, or must ensure that the cargo is
re-screened in accordance with this
chapter.

[71 FR 30510, May 26, 2006, as amended at 74
FR 47703, Sept. 16, 2009; 76 FR 51867, Aug. 18,
2011; 76 FR 53080, Aug. 25, 2011]

§ 1544.207

Screening of individuals

and property.

(a)

Applicability of this section. This

section applies to the inspection of in-
dividuals, accessible property, checked
baggage, and cargo as required under
this part.

(b)

Locations within the United States

at which TSA conducts screening. Each
aircraft operator must ensure that the
individuals or property have been in-
spected by TSA before boarding or
loading on its aircraft. This paragraph
applies when TSA is conducting screen-
ing using TSA employees or when
using companies under contract with
TSA.

(c)

Aircraft operator conducting screen-

ing. Each aircraft operator must use
the measures in its security program
and in subpart E of this part to inspect
the individual or property. This para-
graph does not apply at locations iden-
tified in paragraphs (b) and (d) of this
section.

(d)

Locations outside the United States

at which the foreign government conducts
screening. Each aircraft operator must
ensure that all individuals and prop-
erty have been inspected by the foreign
government. This paragraph applies
when the host government is con-
ducting screening using government
employees or when using companies
under contract with the government.

§ 1544.209

Use of metal detection de-

vices.

(a) No aircraft operator may use a

metal detection device within the
United States or under the aircraft op-
erator’s operational control outside the
United States to inspect persons, un-
less specifically authorized under a se-
curity program under this part. No air-
craft operator may use such a device
contrary to its security program.

(b) Metal detection devices must

meet the calibration standards estab-
lished by TSA.

§ 1544.211

Use of X-ray systems.

(a)

TSA authorization required. No air-

craft operator may use any X-ray sys-
tem within the United States or under
the aircraft operator’s operational con-
trol outside the United States to in-
spect accessible property or checked
baggage, unless specifically authorized
under its security program. No aircraft
operator may use such a system in a
manner contrary to its security pro-
gram. TSA authorizes aircraft opera-
tors to use X-ray systems for inspect-
ing accessible property or checked bag-
gage under a security program if the
aircraft operator 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 recur-

rent training of operators of the sys-
tem is established, which includes
training in radiation safety, the effi-
cient use of X-ray systems, and the
identification of weapons, explosives,
and incendiaries; and

(3) The system meets the imaging re-

quirements set forth in its security
program using the step wedge specified