354
49 CFR Ch. XII (10–1–23 Edition)
§ 1544.219
(2) For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(i) Arrange for law enforcement per-
sonnel meeting the qualifications and
standards specified in § 1542.217 of this
chapter to be available to respond to
an incident; and
(ii) Provide its employees, including
crewmembers, current information re-
garding procedures for obtaining law
enforcement assistance at that airport.
(b) The following applies to oper-
ations at airports required to hold se-
curity programs under part 1542 of this
chapter. For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(1) Arrange with TSA and the airport
operator, as appropriate, for law en-
forcement personnel meeting the quali-
fications and standards specified in
§ 1542.217 of this chapter to be available
to respond to incidents, and
(2) Provide its employees, including
crewmembers, current information re-
garding procedures for obtaining law
enforcement assistance at that airport.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]
§ 1544.219
Carriage of accessible weap-
ons.
(a)
Flights for which screening is con-
ducted. The provisions of § 1544.201(d),
with respect to accessible weapons, do
not apply to a law enforcement officer
(LEO) aboard a flight for which screen-
ing is required if the requirements of
this section are met. Paragraph (a) of
this section does not apply to a Federal
Air Marshal on duty status under
§ 1544.223.
(1) Unless otherwise authorized by
TSA, the armed LEO must meet the
following requirements:
(i) Be a Federal law enforcement offi-
cer or a full-time municipal, county, or
state law enforcement officer who is a
direct employee of a government agen-
cy.
(ii) Be sworn and commissioned to
enforce criminal statutes or immigra-
tion statutes.
(iii) Be authorized by the employing
agency to have the weapon in connec-
tion with assigned duties.
(iv) Has completed the training pro-
gram ‘‘Law Enforcement Officers Fly-
ing Armed.’’
(2) In addition to the requirements of
paragraph (a)(1) of this section, the
armed LEO must have a need to have
the weapon accessible from the time he
or she would otherwise check the weap-
on until the time it would be claimed
after deplaning. The need to have the
weapon accessible must be determined
by the employing agency, department,
or service and be based on one of the
following:
(i) The provision of protective duty,
for instance, assigned to a principal or
advance team, or on travel required to
be prepared to engage in a protective
function.
(ii) The conduct of a hazardous sur-
veillance operation.
(iii) On official travel required to re-
port to another location, armed and
prepared for duty.
(iv) Employed as a Federal LEO,
whether or not on official travel, and
armed in accordance with an agency-
wide policy governing that type of
travel established by the employing
agency by directive or policy state-
ment.
(v) Control of a prisoner, in accord-
ance with § 1544.221, or an armed LEO
on a round trip ticket returning from
escorting, or traveling to pick up, a
prisoner.
(vi) TSA Federal Air Marshal on duty
status.
(3) The armed LEO must comply with
the following notification require-
ments:
(i) All armed LEOs must notify the
aircraft operator of the flight(s) on
which he or she needs to have the
weapon accessible at least 1 hour, or in
an emergency as soon as practicable,
before departure.
(ii) Identify himself or herself to the
aircraft operator by presenting creden-
tials that include a clear full-face pic-
ture, the signature of the armed LEO,
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Transportation Security Administration, DHS
§ 1544.221
and the signature of the authorizing of-
ficial of the agency, service, or depart-
ment or the official seal of the agency,
service, or department. A badge, shield,
or similar device may not be used, or
accepted, as the sole means of identi-
fication.
(iii) If the armed LEO is a State,
county, or municipal law enforcement
officer, he or she must present an origi-
nal letter of authority, signed by an
authorizing official from his or her em-
ploying agency, service or department,
confirming the need to travel armed
and detailing the itinerary of the trav-
el while armed.
(iv) If the armed LEO is an escort for
a foreign official then this paragraph
(a)(3) may be satisfied by a State De-
partment notification.
(4) The aircraft operator must do the
following:
(i) Obtain information or documenta-
tion required in paragraphs (a)(3)(ii),
(iii), and (iv) of this section.
(ii) Advise the armed LEO, before
boarding, of the aircraft operator’s pro-
cedures for carrying out this section.
(iii) Have the LEO confirm he/she has
completed the training program ‘‘Law
Enforcement Officers Flying Armed’’
as required by TSA, unless otherwise
authorized by TSA.
(iv) Ensure that the identity of the
armed LEO is known to the appro-
priate personnel who are responsible
for security during the boarding of the
aircraft.
(v) Notify the pilot in command and
other appropriate crewmembers, of the
location of each armed LEO aboard the
aircraft. Notify any other armed LEO
of the location of each armed LEO, in-
cluding FAM’s. Under circumstances
described in the security program, the
aircraft operator must not close the
doors until the notification is com-
plete.
(vi) Ensure that the information re-
quired in paragraphs (a)(3)(i) and (ii) of
this section is furnished to the flight
crew of each additional connecting
flight by the Ground Security Coordi-
nator or other designated agent at each
location.
(b)
Flights for which screening is not
conducted.
The provisions of
§ 1544.201(d), with respect to accessible
weapons, do not apply to a LEO aboard
a flight for which screening is not re-
quired if the requirements of para-
graphs (a)(1), (3), and (4) of this section
are met.
(c)
Alcohol. (1) No aircraft operator
may serve any alcoholic beverage to an
armed LEO.
(2) No armed LEO may:
(i) Consume any alcoholic beverage
while aboard an aircraft operated by an
aircraft operator.
(ii) Board an aircraft armed if they
have consumed an alcoholic beverage
within the previous 8 hours.
(d)
Location of weapon. (1) Any indi-
vidual traveling aboard an aircraft
while armed must at all times keep
their weapon:
(i) Concealed and out of view, either
on their person or in immediate reach,
if the armed LEO is not in uniform.
(ii) On their person, if the armed LEO
is in uniform.
(2) No individual may place a weapon
in an overhead storage bin.
§ 1544.221
Carriage of prisoners under
the control of armed law enforce-
ment officers.
(a) This section applies as follows:
(1) This section applies to the trans-
port of prisoners under the escort of an
armed law enforcement officer.
(2) This section does not apply to the
carriage of passengers under voluntary
protective escort.
(3) This section does not apply to the
escort of non-violent detainees of the
Immigration and Naturalization Serv-
ice. This section does not apply to indi-
viduals who may be traveling with a
prisoner and armed escort, such as the
family of a deportee who is under
armed escort.
(b) For the purpose of this section:
(1) ‘‘High risk prisoner’’ means a pris-
oner who is an exceptional escape risk,
as determined by the law enforcement
agency, and charged with, or convicted
of, a violent crime.
(2) ‘‘Low risk prisoner’’ means any
prisoner who has not been designated
as ‘‘high risk.’’
(c) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an air-
craft for which screening is required
unless, in addition to the requirements
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