344
49 CFR Ch. XII (10–1–23 Edition)
§ 1544.1
1544.228
Access to cargo and cargo screen-
ing: Security threat assessments for
cargo personnel in the United States.
1544.229
Fingerprint-based criminal history
records checks (CHRC): Unescorted ac-
cess authority, authority to perform
screening functions, and authority to
perform checked baggage or cargo func-
tions.
1544.230
Fingerprint-based criminal history
records checks (CHRC): Flightcrew mem-
bers.
1544.231
Airport-approved and exclusive area
personnel identification systems.
1544.233
Security coordinators and crew-
members, training.
1544.235
Training and knowledge for individ-
uals with security-related duties.
1544.237
Flight deck privileges.
1544.239
Known shipper program.
Subpart D—Threat and Threat Response
1544.301
Contingency plan.
1544.303
Bomb or air piracy threats.
1544.305
Security Directives and Informa-
tion Circulars.
Subpart E—Screener Qualifications When
the Aircraft Operator Performs Screening
1544.401
Applicability of this subpart.
1544.403
[Reserved]
1544.405
Qualifications of screening per-
sonnel.
1544.407
Training, testing, and knowledge of
individuals who perform screening func-
tions.
1544.409
Integrity of screener tests.
1544.411
Continuing qualifications of screen-
ing personnel.
A
UTHORITY
: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44907, 44913–44914, 44916–44918, 44932,
44935–44936, 44942, 46105.
S
OURCE
: 67 FR 8364, Feb. 22, 2002, unless
otherwise noted.
Subpart A—General
§ 1544.1
Applicability of this part.
(a) This part prescribes aviation se-
curity rules governing the following:
(1) The operations of aircraft opera-
tors holding operating certificates
under 14 CFR part 119 for scheduled
passenger operations, public charter
passenger operations, private charter
passenger operations; the operations of
aircraft operators holding operating
certificates under 14 CFR part 119 oper-
ating aircraft with a maximum certifi-
cated takeoff weight of 12,500 pounds or
more; and other aircraft operators
adopting and obtaining approval of an
aircraft operator security program.
(2) Each law enforcement officer fly-
ing armed aboard an aircraft operated
by an aircraft operator described in
paragraph (a)(1) of this section.
(3) Each aircraft operator that re-
ceives a Security Directive or Informa-
tion Circular and each person who re-
ceives information from a Security Di-
rective or Information Circular issued
by TSA.
(b) As used in this part, ‘‘aircraft op-
erator’’ means an aircraft operator
subject to this part as described in
§ 1544.101.
[67 FR 8364, Feb. 22, 2002, as amended at 67
FR 8209, Feb. 22, 2002]
§ 1544.3
TSA inspection authority.
(a) Each aircraft operator must allow
TSA, at any time or place, to make
any inspections or tests, including
copying records, to determine compli-
ance of an airport operator, aircraft op-
erator, foreign air carrier, indirect air
carrier, or other airport tenants with—
(1) This subchapter and any security
program under this subchapter, and
part 1520 of this chapter; and
(2) 49 U.S.C. Subtitle VII, as amend-
ed.
(b) At the request of TSA, each air-
craft operator must provide evidence of
compliance with this part and its secu-
rity program, including copies of
records.
(c) TSA may enter and be present
within secured areas, AOAs, SIDAs,
and other areas where security meas-
ures required by TSA are carried out,
without access media or identification
media issued or approved by an airport
operator or aircraft operator, in order
to inspect or test compliance, or per-
form other such duties as TSA may di-
rect.
(d) At the request of TSA and the
completion of SIDA training as re-
quired in a security program, each air-
craft operator must promptly issue to
TSA personnel access and identifica-
tion media to provide TSA personnel
with unescorted access to, and move-
ment within, areas controlled by the
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Transportation Security Administration, DHS
§ 1544.101
aircraft operator under an exclusive
area agreement.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]
Subpart B—Security Program
§ 1544.101
Adoption and implementa-
tion.
(a)
Full program. Each aircraft oper-
ator must carry out subparts C, D, and
E of this part and must adopt and carry
out a security program that meets the
requirements of § 1544.103 for each of
the following operations:
(1) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger seating
configuration of 61 or more seats.
(2) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger seating
configuration of 60 or fewer seats when
passengers are enplaned from or
deplaned into a sterile area.
(b)
Partial program—adoption. Each
aircraft operator must carry out the
requirements specified in paragraph (c)
of this section for each of the following
operations:
(1) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger-seating
configuration of 31 or more but 60 or
fewer seats that does not enplane from
or deplane into a sterile area.
(2) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger-seating
configuration of 60 or fewer seats en-
gaged in operations to, from, or outside
the United States that does not en-
plane from or deplane into a sterile
area.
(c)
Partial program-content: For oper-
ations described in paragraph (b) of
this section, the aircraft operator must
carry out the following, and must
adopt and carry out a security program
that meets the applicable requirements
in § 1544.103 (c):
(1) The requirements of §§ 1544.215,
1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301, 1544.303, and
1544.305.
(2) Other provisions of subparts C, D,
and E of this part that TSA has ap-
proved upon request.
(3) The remaining requirements of
subparts C, D, and E when TSA notifies
the aircraft operator in writing that a
security threat exists concerning that
operation.
(d)
Twelve-five program-adoption: Each
aircraft operator must carry out the
requirements of paragraph (e) of this
section for each operation that meets
all of the following—
(1) Is an aircraft with a maximum
certificated takeoff weight of more
than 12,500 pounds;
(2) Is in scheduled or charter service;
(3) Is carrying passengers or cargo or
both; and
(4) Is not under a full program, par-
tial program, or full all-cargo program
under paragraph (a), (b), or (h) of this
section.
(e)
Twelve-five program-contents: For
each operation described in paragraph
(d) of this section, the aircraft operator
must carry out the following, and must
adopt and carry out a security program
that meets the applicable requirements
of § 1544.103 (c):
(1) The requirements of §§ 1544.215,
1544.217, 1544.219, 1544.223, 1544.230,
1544.235, 1544.237, 1544.301(a) and (b),
1544.303, and 1544.305; and in addition,
for all-cargo operations of §§ 1544.202,
1544.205(a), (b), (d), and (f).
(2) Other provisions of subparts C, D,
and E that TSA has approved upon re-
quest.
(3) The remaining requirements of
subparts C, D, and E when TSA notifies
the aircraft operator in writing that a
security threat exists concerning that
operation.
(f)
Private charter program. In addition
to paragraph (d) of this section, if ap-
plicable, each aircraft operator must
carry out §§ 1544.201, 1544.207, 1544.209,
1544.211, 1544.215, 1544.217, 1544.219,
1544.225, 1544.229, 1544.230, 1544.233,
1544.235, 1544.303, and 1544.305, and sub-
part E of this part and—
(1) Must adopt and carry out a secu-
rity program that meets the applicable
requirements of § 1544.103 for each pri-
vate charter passenger operation in
which—
(i) The passengers are enplaned from
or deplaned into a sterile area; or
(ii) The aircraft has a maximum cer-
tificated takeoff weight greater than
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