title-49-part-1544-sec1544-223

356

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.

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357

Transportation Security Administration, DHS

§ 1544.228

carried on a first priority basis and
without charge while on duty, includ-
ing positioning and repositioning
flights. When a Federal Air Marshal is
assigned to a scheduled flight that is
canceled for any reason, the aircraft
operator must carry that Federal Air
Marshal without charge on another
flight as designated by TSA.

(d) Each aircraft operator must as-

sign the specific seat requested by a
Federal Air Marshal who is on duty
status. If another LEO is assigned to
that seat or requests that seat, the air-
craft operator must inform the Federal
Air Marshal. The Federal Air Marshal
will coordinate seat assignments with
the other LEO.

(e) The Federal Air Marshal identi-

fies himself or herself to the aircraft
operator by presenting credentials that
include a clear, full-face picture, the
signature of the Federal Air Marshal,
and the signature of the FAA Adminis-
trator. A badge, shield, or similar de-
vice may not be used or accepted as the
sole means of identification.

(f) The requirements of § 1544.219(a) do

not apply for a Federal Air Marshal on
duty status.

(g) Each aircraft operator must re-

strict any information concerning the
presence, seating, names, and purpose
of Federal Air Marshals at any station
or on any flight to those persons with
an operational need to know.

(h) Law enforcement officers author-

ized to carry a weapon during a flight
will be contacted directly by a Federal
Air Marshal who is on that same flight.

§ 1544.225

Security of aircraft and fa-

cilities.

Each aircraft operator must use the

procedures included, and the facilities
and equipment described, in its secu-
rity program to perform the following
control functions with respect to each
aircraft operation:

(a) Prevent unauthorized access to

areas controlled by the aircraft oper-
ator under an exclusive area agreement
in accordance with § 1542.111 of this
chapter.

(b) Prevent unauthorized access to

each aircraft.

each aircraft before placing it into pas-

senger operations if access has not
been controlled in accordance with the
aircraft operator security program and
as otherwise required in the security
program.

(d) When operating under a full pro-

gram or a full all-cargo program, pre-
vent unauthorized access to the oper-
ational area of the aircraft while load-
ing or unloading cargo.

[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]

§ 1544.227

Exclusive area agreement.

(a) An aircraft operator that has en-

tered into an exclusive area agreement
with an airport operator, under
§ 1542.111 of this chapter must carry out
that exclusive area agreement.

(b) The aircraft operator must list in

its security program the locations at
which it has entered into exclusive
area agreements with an airport oper-
ator.

vide the exclusive area agreement to
TSA upon request.

(d) Any exclusive area agreements in

effect on November 14, 2001, must meet
the requirements of this section and
§ 1542.111 of this chapter no later than
November 14, 2002.

§ 1544.228

Access to cargo and cargo

screening: Security threat assess-
ments for cargo personnel in the
United States.

This section applies in the United

States to each aircraft operator oper-
ating under a full program under
§ 1544.101(a) or a full all-cargo program
under § 1544.101(h).

(a) Before an aircraft operator au-

thorizes and before an individual per-
forms a function described in para-
graph (b) of this section—

(1) Each individual must successfully

complete a security threat assessment
or comparable security threat assess-
ment described in part 1540 subpart C
of this chapter; and

(2) Each aircraft operator must com-

plete the requirements in part 1540 sub-
part C.

(b) The security threat assessment

required in paragraph (a) of this sec-
tion applies to the following:

(1) Each individual who has

unescorted access to cargo and access