title-49-part-1544-sec1544-221

355

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.’’

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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49 CFR Ch. XII (10–1–23 Edition)

§ 1544.223

in § 1544.219, the following requirements
are met:

(1) The agency responsible for control

of the prisoner has determined whether
the prisoner is considered a high risk
or a low risk.

(2) Unless otherwise authorized by

TSA, no more than one high risk pris-
oner may be carried on the aircraft.

(d) 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 the following staffing require-
ments are met:

(1) A minimum of one armed law en-

forcement officer must control a low
risk prisoner on a flight that is sched-
uled for 4 hours or less. One armed law
enforcement officer may control no
more than two low risk prisoners.

(2) A minimum of two armed law en-

forcement officers must control a low
risk prisoner on a flight that is sched-
uled for more than 4 hours. Two armed
law enforcement officers may control
no more than two low risk prisoners.

(3) For high-risk prisoners:
(i) For one high-risk prisoner on a

flight: A minimum of two armed law
enforcement officers must control a
high risk prisoner. No other prisoners
may be under the control of those two
armed law enforcement officers.

(ii) If TSA has authorized more than

one high-risk prisoner to be on the
flight under paragraph (c)(2) of this
section, a minimum of one armed law
enforcement officer for each prisoner
and one additional armed law enforce-
ment officer must control the pris-
oners. No other prisoners may be under
the control of those armed law enforce-
ment officers.

(e) An armed law enforcement officer

who is escorting a prisoner—

(1) Must notify the aircraft operator

at least 24 hours before the scheduled
departure, or, if that is not possible as
far in advance as possible of the fol-
lowing—

(i) The identity of the prisoner to be

carried and the flight on which it is
proposed to carry the prisoner; and

(ii) Whether or not the prisoner is

considered to be a high risk or a low
risk.

(2) Must arrive at the check-in

counter at least 1 hour before to the
scheduled departure.

(3) Must assure the aircraft operator,

before departure, that each prisoner
under the control of the officer(s) has
been searched and does not have on or
about his or her person or property
anything that can be used as a weapon.

(4) Must be seated between the pris-

oner and any aisle.

(5) Must accompany the prisoner at

all times, and keep the prisoner under
control while aboard the aircraft.

(f) No aircraft operator may carry a

prisoner in the custody of an armed
law enforcement officer aboard an air-
craft unless the following are met:

(1) When practicable, the prisoner

must be boarded before any other
boarding passengers and deplaned after
all other deplaning passengers.

(2) The prisoner must be seated in a

seat that is neither located in any pas-
senger lounge area nor located next to
or directly across from any exit and,
when practicable, the aircraft operator
should seat the prisoner in the rear-
most seat of the passenger cabin.

(g) Each armed law enforcement offi-

cer escorting a prisoner and each air-
craft operator must ensure that the
prisoner is restrained from full use of
his or her hands by an appropriate de-
vice that provides for minimum move-
ment of the prisoner’s hands, and must
ensure that leg irons are not used.

(h) No aircraft operator may provide

a prisoner under the control of a law
enforcement officer—

(1) With food or beverage or metal

eating utensils unless authorized to do
so by the armed law enforcement offi-
cer.

(2) With any alcoholic beverage.

§ 1544.223

Transportation of Federal

Air Marshals.

(a) A Federal Air Marshal on duty

status may have a weapon accessible
while aboard an aircraft for which
screening is required.

(b) Each aircraft operator must carry

Federal Air Marshals, in the number
and manner specified by TSA, on each
scheduled passenger operation, and
public charter passenger operation des-
ignated by TSA.