title-49-part-1544-sec1544-228

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

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49 CFR Ch. XII (10–1–23 Edition)

§ 1544.229

to information that such cargo will be
transported on a passenger aircraft; or
who has unescorted access to cargo
that has been screened for transport on
a passenger aircraft; or who performs
certain functions related to the trans-
portation, dispatch, or security of
cargo for transport on a passenger air-
craft or all-cargo aircraft, as specified
in the aircraft operator’s security pro-
gram; from the time—

(i) The cargo reaches a location

where an aircraft operator with a full
all-cargo program consolidates or in-
spects it pursuant to security program
requirements until the cargo enters an
airport Security Identification Display
Area or is transferred to another TSA-
regulated aircraft operator, foreign air
carrier, or indirect air carrier; or

(ii) An aircraft operator with a full

program accepts the cargo until the
cargo—

(A) Enters an airport Security Identi-

fication Display Area;

(B) Is removed from the destination

airport; or

regulated aircraft operator, foreign air
carrier, or indirect air carrier.

(2) Each individual the aircraft oper-

ator authorizes to screen cargo or to
supervise the screening of cargo under
§ 1544.205.

[74 FR 47704, Sept. 16, 2009]

§ 1544.229

Fingerprint-based criminal

history records checks (CHRC):
Unescorted access authority, au-
thority to perform screening func-
tions, and authority to perform
checked baggage or cargo func-
tions.

This section applies to each aircraft

operator operating under a full pro-
gram, a private charter program, or a
full all-cargo program.

(a)

Scope. The following individuals

are within the scope of this section.
Unescorted access authority, authority
to perform screening functions, and au-
thority to perform checked baggage or
cargo functions, are collectively re-
ferred to as ‘‘covered functions.’’

(1)

New unescorted access authority or

authority to perform screening functions.
(i) Each employee or contract em-
ployee covered under a certification
made to an airport operator on or after

December 6, 2001, pursuant to 14 CFR
107.209(n) in effect prior to November
14, 2001 (see 14 CFR parts 60 to 139 re-
vised as of January 1, 2001) or
§ 1542.209(n) of this chapter.

(ii) Each individual issued on or after

December 6, 2001, an aircraft operator
identification media that one or more
airports accepts as airport-approved
media for unescorted access authority
within a security identification display
area (SIDA), as described in § 1542.205 of
this chapter (referred to as ‘‘unescorted
access authority’’).

(iii) Each individual granted author-

ity to perform the following screening
functions at locations within the
United States (referred to as ‘‘author-
ity to perform screening functions’’):

(A) Screening passengers or property

that will be carried in a cabin of an air-
craft of an aircraft operator required to
screen passengers under this part.

(B) Serving as an immediate super-

visor (checkpoint security supervisor
(CSS)), and the next supervisory level
(shift or site supervisor), to those indi-
viduals described in paragraphs
(a)(1)(iii)(A) or (a)(1)(iii)(C) of this sec-
tion.

ried on an aircraft of an aircraft oper-
ator with a full all-cargo program.

(2)

Current unescorted access authority

or authority to perform screening func-
tions. (i) Each employee or contract
employee covered under a certification
made to an airport operator pursuant
to 14 CFR 107.31(n) in effect prior to
November 14, 2001 (see 14 CFR parts 60
to 139 revised as of January 1, 2001), or
pursuant to 14 CFR 107.209(n) in effect
prior to December 6, 2001 (see 14 CFR
parts 60 to 139 revised as of January 1,
2001).

(ii) Each individual who holds on De-

cember 6, 2001, an aircraft operator
identification media that one or more
airports accepts as airport-approved
media for unescorted access authority
within a security identification display
area (SIDA), as described in § 1542.205 of
this chapter.

(iii) Each individual who is per-

forming on December 6, 2001, a screen-
ing function identified in paragraph
(a)(1)(iii) of this section.