title-49-part-1544-sec1544-233

365

Transportation Security Administration, DHS

§ 1544.233

operator may not assign that indi-
vidual to flightcrew duties in oper-
ations identified in paragraph (a).

(j)

Aircraft operator responsibility. The

aircraft operator must—(1) Designate a
direct employee to maintain, control,
and, as appropriate, destroy criminal
records.

(2) Designate an individual(s) to

maintain the CHRC results.

(3) Designate an individual(s) at ap-

propriate locations to receive notifica-
tion from individuals of their intent to
seek correction of their FBI criminal
record.

(k)

Compliance date. Each aircraft op-

erator must comply with this section
for each flightcrew member described
in paragraph (a) of this section not
later than December 6, 2002.

[67 FR 8209, Feb. 22, 2002]

§ 1544.231

Airport-approved and exclu-

sive area personnel identification
systems.

(a) Each aircraft operator must es-

tablish and carry out a personnel iden-
tification system for identification
media that are airport-approved, or
identification media that are issued for
use in an exclusive area. The system
must include the following:

(1) Personnel identification media

that—

(i) Convey a full face image, full

name, employer, and identification
number of the individual to whom the
identification medium is issued;

(ii) Indicate clearly the scope of the

individual’s access and movement
privileges;

(iii) Indicate clearly an expiration

date; and

(iv) Are of sufficient size and appear-

ance as to be readily observable for
challenge purposes.

(2) Procedures to ensure that each in-

dividual in the secured area or SIDA
continuously displays the identifica-
tion medium issued to that individual
on the outermost garment above waist
level, or is under escort.

(3) Procedures to ensure account-

ability through the following:

(i) Retrieving expired identification

media.

(ii) Reporting lost or stolen identi-

fication media.

(iii) Securing unissued identification

media stock and supplies.

(iv) Auditing the system at a min-

imum of once a year, or sooner, as nec-
essary to ensure the integrity and ac-
countability of all identification
media.

(v) As specified in the aircraft oper-

ator security program, revalidate the
identification system or reissue identi-
fication media if a portion of all issued,
unexpired identification media are
lost, stolen, or unretrieved, including
identification media that are combined
with access media.

(vi) Ensure that only one identifica-

tion medium is issued to an individual
at a time. A replacement identification
medium may only be issued if an indi-
vidual declares in writing that the me-
dium has been lost or stolen.

(b) The aircraft operator may request

approval of a temporary identification
media system that meets the standards
in § 1542.211(b) of this chapter, or may
arrange with the airport to use tem-
porary airport identification media in
accordance with that section.

mit a plan to carry out this section to
TSA no later than May 13, 2002. Each
aircraft operator must fully implement
its plan no later than November 14,
2003.

§ 1544.233

Security coordinators and

crewmembers, training.

(a) No aircraft operator may use any

individual as a Ground Security Coor-
dinator unless, within the preceding 12-
calendar months, that individual has
satisfactorily completed the security
training as specified in the aircraft op-
erator’s security program.

(b) No aircraft operator may use any

individual as an in-flight security coor-
dinator or crewmember on any domes-
tic or international flight unless, with-
in the preceding 12-calendar months or
within the time period specified in an
Advanced Qualifications Program ap-
proved under SFAR 58 in 14 CFR part
121, that individual has satisfactorily
completed the security training re-
quired by 14 CFR 121.417(b)(3)(v) or
135.331(b)(3)(v), and as specified in the
aircraft operator’s security program.

ducted under this section, whenever an

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49 CFR Ch. XII (10–1–23 Edition)

§ 1544.235

individual completes recurrent train-
ing within one calendar month earlier,
or one calendar month after the date it
was required, that individual is consid-
ered to have completed the training in
the calendar month in which it was re-
quired.

§ 1544.235

Training and knowledge for

individuals with security-related
duties.

(a) No aircraft operator may use any

direct or contractor employee to per-
form any security-related duties to
meet the requirements of its security
program unless that individual has re-
ceived training as specified in its secu-
rity program including their individual
responsibilities in § 1540.105 of this
chapter.

(b) Each aircraft operator must en-

sure that individuals performing secu-
rity-related duties for the aircraft op-
erator have knowledge of the provi-
sions of this part, applicable Security
Directives and Information Circulars,
the approved airport security program
applicable to their location, and the
aircraft operator’s security program to
the extent that such individuals need
to know in order to perform their du-
ties.

§ 1544.237

Flight deck privileges.

(a) For each aircraft that has a door

to the flight deck, each aircraft oper-
ator must restrict access to the flight
deck as provided in its security pro-
gram.

(b) This section does not restrict ac-

cess for an FAA air carrier inspector,
an authorized representative of the Na-
tional Transportation Safety Board, or
for an Agent of the United States Se-
cret Service, under 14 CFR parts 121,
125, or 135. This section does not re-
strict access for a Federal Air Marshal
under this part.

[67 FR 8210, Feb. 22, 2002]

§ 1544.239

Known shipper program.

This section applies to each aircraft

operator operating under a full pro-
gram under § 1544.101(a) of this part and
to each aircraft operator with a TSA
security program approved for transfer
of cargo to an aircraft operator with a
full program or a foreign air carrier

under paragraphs § 1546.101(a) or (b) of
this chapter.

(a) For cargo to be loaded on its air-

craft in the United States, each air-
craft operator must have and carry out
a known shipper program in accord-
ance with its security program. The
program must—

(1) Determine the shipper’s validity

and integrity as provided in the secu-
rity program;

(2) Provide that the aircraft operator

will separate known shipper cargo from
unknown shipper cargo; and

(3) Provide for the aircraft operator

to ensure that cargo is screened or in-
spected as set forth in its security pro-
gram.

(b) When required by TSA, each air-

craft operator must submit in a form
and manner acceptable to TSA—

(1) Information identified in its secu-

rity program regarding a known ship-
per, or an applicant for that status; and

(2) Corrections and updates of this in-

formation upon learning of a change to
the information specified in paragraph
(b)(1) of this section.

[71 FR 30511, May 26, 2006]

Subpart D—Threat and Threat

Response

§ 1544.301

Contingency plan.

Each aircraft operator must adopt a

contingency plan and must:

(a) Implement its contingency plan

when directed by TSA.

(b) Ensure that all information con-

tained in the plan is updated annually
and that appropriate persons are noti-
fied of any changes.

sored exercise of the airport contin-
gency plan or its equivalent, as pro-
vided in its security program.

§ 1544.303

Bomb or air piracy threats.

(a)

Flight: Notification. Upon receipt

of a specific and credible threat to the
security of a flight, the aircraft oper-
ator must—

(1) Immediately notify the ground

and in-flight security coordinators of
the threat, any evaluation thereof, and
any measures to be applied; and

(2) Ensure that the in-flight security

coordinator notifies all crewmembers