351
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
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49 CFR Ch. XII (10–1–23 Edition)
§ 1544.211
in American Society for Testing Mate-
rials (ASTM) Standard F792–88 (Re-
approved 1993). This standard is incor-
porated by reference in paragraph (g) of
this section.
(b)
Annual radiation survey. No air-
craft operator may use any X-ray sys-
tem unless, within the preceding 12 cal-
endar months, a radiation survey is
conducted that shows that the system
meets the applicable performance
standards in 21 CFR 1020.40.
(c)
Radiation survey after installation
or moving. No aircraft operator may use
any X-ray system after the system has
been installed at a screening point or
after the system has been moved unless
a radiation survey is conducted which
shows that the system meets the appli-
cable performance standards in 21 CFR
1020.40. A radiation survey is not re-
quired for an X-ray system that is de-
signed and constructed as a mobile
unit and the aircraft operator shows
that it can be moved without altering
its performance.
(d)
Defect notice or modification order.
No aircraft operator may use any X-
ray system that is not in full compli-
ance with any defect notice or modi-
fication order issued for that system by
the FDA, unless the FDA has advised
TSA that the defect or failure to com-
ply does not create a significant risk of
injury, including genetic injury, to any
person.
(e)
Signs and inspection of photo-
graphic equipment and film. (1) At loca-
tions at which an aircraft operator
uses an X-ray system to inspect acces-
sible property the aircraft operator
must ensure that a sign is posted in a
conspicuous place at the screening
checkpoint. At locations outside the
United States at which a foreign gov-
ernment uses an X-ray system to in-
spect accessible property the aircraft
operator must ensure that a sign is
posted in a conspicuous place at the
screening checkpoint.
(2) At locations at which an aircraft
operator or TSA uses an X-ray system
to inspect checked baggage the aircraft
operator must ensure that a sign is
posted in a conspicuous place where
the aircraft operator accepts checked
baggage.
(3) The signs required under this
paragraph (e) must notify individuals
that such items are being inspected by
an X-ray and advise them to remove all
X-ray, scientific, and high-speed film
from accessible property and checked
baggage before inspection. This sign
must also advise individuals that they
may request that an inspection be
made of their photographic equipment
and film packages without exposure to
an X-ray system. If the X-ray system
exposes any accessible property or
checked baggage to more than one
milliroentgen during the inspection,
the sign must advise individuals to re-
move film of all kinds from their arti-
cles before inspection.
(4) If requested by individuals, their
photographic equipment and film pack-
ages must be inspected without expo-
sure to an X-ray system.
(f)
Radiation survey verification after
installation or moving. Each aircraft op-
erator must maintain at least one copy
of the results of the most recent radi-
ation survey conducted under para-
graph (b) or (c) of this section and must
make it available for inspection upon
request by TSA at each of the fol-
lowing locations—
(1) The aircraft operator’s principal
business office; and
(2) The place where the X-ray system
is in operation.
(g)
Incorporation by reference. The
American Society for Testing and Ma-
terials (ASTM) Standard F792–88 (Re-
approved 1993), ‘‘Standard Practice for
Design and Use of Ionizing Radiation
Equipment for the Detection of Items
Prohibited in Controlled Access
Areas,’’ is approved for incorporation
by reference by the Director of the
Federal Register pursuant to 5 U.S.C.
552(a) and l CFR part 51. ASTM Stand-
ard F792–88 may be examined at the De-
partment of Transportation (DOT)
Docket, 400 Seventh Street SW, Room
Plaza 401, Washington, DC 20590, or on
DOT’s Docket Management System
(DMS) web page at
http://dms.dot.gov/
search (under docket number FAA–2001–
8725). Copies of the standard may be ex-
amined also at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to:
http://www.archives.gov/
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§ 1544.217
federal
_
register/code
_
of
_
fed-
eral
_
regulations/ibr
_
locations.html. In ad-
dition, ASTM Standard F792–88 (Re-
approved 1993) may be obtained from
the American Society for Testing and
Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428–2959.
(h)
Duty time limitations. Each aircraft
operator must comply with the X-ray
operator duty time limitations speci-
fied in its security program.
[67 FR 8364, Feb. 22, 2002, as amended at 69
FR 18803, Apr. 9, 2004]
§ 1544.213
Use of explosives detection
systems.
(a)
Use of explosive detection equip-
ment. If TSA so requires by an amend-
ment to an aircraft operator’s security
program, each aircraft operator re-
quired to conduct screening under a se-
curity program must use an explosives
detection system approved by TSA to
screen checked baggage on inter-
national flights.
(b)
Signs and inspection of photo-
graphic equipment and film. (1) At loca-
tions at which an aircraft operator or
TSA uses an explosives detection sys-
tem that uses X-ray technology to in-
spect checked baggage the aircraft op-
erator must ensure that a sign is post-
ed in a conspicuous place where the
aircraft operator accepts checked bag-
gage. The sign must notify individuals
that such items are being inspected by
an explosives detection system and ad-
vise them to remove all X-ray, sci-
entific, and high-speed film from
checked baggage before inspection.
This sign must also advise individuals
that they may request that an inspec-
tion be made of their photographic
equipment and film packages without
exposure to an explosives detection
system.
(2) If the explosives detection system
exposes any checked baggage to more
than one milliroentgen during the in-
spection the aircraft operator must
post a sign which advises individuals to
remove film of all kinds from their ar-
ticles before inspection. If requested by
individuals, their photographic equip-
ment and film packages must be in-
spected without exposure to an explo-
sives detection system.
§ 1544.215
Security coordinators.
(a)
Aircraft Operator Security Coordi-
nator. Each aircraft operator must des-
ignate and use an Aircraft Operator Se-
curity Coordinator (AOSC). The AOSC
and any alternates must be appointed
at the corporate level and must serve
as the aircraft operator’s primary con-
tact for security-related activities and
communications with TSA, as set forth
in the security program. Either the
AOSC, or an alternate AOSC, must be
available on a 24-hour basis.
(b)
Ground Security Coordinator. Each
aircraft operator must designate and
use a Ground Security Coordinator for
each domestic and international flight
departure to carry out the Ground Se-
curity Coordinator duties specified in
the aircraft operator’s security pro-
gram. The Ground Security Coordi-
nator at each airport must conduct the
following daily:
(1) A review of all security-related
functions for which the aircraft oper-
ator is responsible, for effectiveness
and compliance with this part, the air-
craft operator’s security program, and
applicable Security Directives.
(2) Immediate initiation of corrective
action for each instance of noncompli-
ance with this part, the aircraft opera-
tor’s security program, and applicable
Security Directives. At foreign airports
where such security measures are pro-
vided by an agency or contractor of a
host government, the aircraft operator
must notify TSA for assistance in re-
solving noncompliance issues.
(c)
In-flight Security Coordinator. Each
aircraft operator must designate and
use the pilot in command as the In-
flight Security Coordinator for each
domestic and international flight to
perform duties specified in the aircraft
operator’s security program.
§ 1544.217
Law enforcement personnel.
(a) The following applies to oper-
ations at airports within the United
States that are not required to hold a
security program under part 1542 of
this chapter.
(1) For operations described in
§ 1544.101(a) each aircraft operator must
provide for law enforcement personnel
meeting the qualifications and stand-
ards specified in §§ 1542.215 and 1542.217
of this chapter.
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