357 

Transportation Security Administration, DHS 

§ 1544.228 

(c) Each Federal Air Marshal must be 

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. 

(c) Conduct a security inspection of 

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. 

(c) The aircraft operator must pro-

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 

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