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Pt. 1544 

must submit the proposed alternative 
measures within the time prescribed in 
the Security Directive. The airport op-
erator must implement any alternative 
measures approved by TSA. 

(e) Each airport operator that re-

ceives a Security Directive may com-
ment on the Security Directive by sub-
mitting data, views, or arguments in 
writing to TSA. TSA may amend the 
Security Directive based on comments 
received. Submission of a comment 
does not delay the effective date of the 
Security Directive. 

(f) Each airport operator that re-

ceives a Security Directive or an Infor-
mation Circular and each person who 
receives information from a Security 
Directive or an Information Circular 
must: 

(1) Restrict the availability of the Se-

curity Directive or Information Cir-
cular, and information contained in ei-
ther document, to those persons with 
an operational need-to-know. 

(2) Refuse to release the Security Di-

rective or Information Circular, and in-
formation contained in either docu-
ment, to persons other than those who 
have an operational need to know with-
out the prior written consent of TSA. 

§ 1542.305

Public advisories. 

When advised by TSA, each airport 

operator must prominently display and 
maintain in public areas information 
concerning foreign airports that, in the 
judgment of the Secretary of Transpor-
tation, do not maintain and administer 
effective security measures. This infor-
mation must be posted in the manner 
specified in the security program and 
for such a period of time determined by 
the Secretary of Transportation. 

§ 1542.307

Incident management. 

(a) Each airport operator must estab-

lish procedures to evaluate bomb 
threats, threats of sabotage, aircraft 
piracy, and other unlawful interference 
to civil aviation operations. 

(b) Immediately upon direct or re-

ferred receipt of a threat of any of the 
incidents described in paragraph (a) of 
this section, each airport operator 
must— 

(1) Evaluate the threat in accordance 

with its security program; 

(2) Initiate appropriate action as 

specified in the Airport Emergency 
Plan under 14 CFR 139.325; and 

(3) Immediately notify TSA of acts, 

or suspected acts, of unlawful inter-
ference to civil aviation operations, in-
cluding specific bomb threats to air-
craft and airport facilities. 

(c) Airport operators required to have 

a security program under § 1542.103(c) 
but not subject to 14 CFR part 139, 
must develop emergency response pro-
cedures to incidents of threats identi-
fied in paragraph (a) of this section. 

(d) To ensure that all parties know 

their responsibilities and that all pro-
cedures are current, at least once every 
12 calendar months each airport oper-
ator must review the procedures re-
quired in paragraphs (a) and (b) of this 
section with all persons having respon-
sibilities for such procedures. 

PART 1544—AIRCRAFT OPERATOR 

SECURITY: AIR CARRIERS AND 
COMMERCIAL OPERATORS 

Subpart A—General 

Sec. 
1544.1

Applicability of this part. 

1544.3

TSA inspection authority. 

Subpart B—Security Program 

1544.101

Adoption and implementation. 

1544.103

Form, content, and availability. 

1544.105

Approval and amendments. 

Subpart C—Operations 

1544.201

Acceptance and screening of indi-

viduals and accessible property. 

1544.203

Acceptance and screening of 

checked baggage. 

1544.202

Persons and property onboard an 

all-cargo aircraft. 

1544.205

Acceptance and screening of cargo. 

1544.207

Screening of individuals and prop-

erty. 

1544.209

Use of metal detection devices. 

1544.211

Use of X-ray systems. 

1544.213

Use of explosives detection systems. 

1544.215

Security coordinators. 

1544.217

Law enforcement personnel. 

1544.219

Carriage of accessible weapons. 

1544.221

Carriage of prisoners under the con-

trol of armed law enforcement officers. 

1544.223

Transportation of Federal Air Mar-

shals. 

1544.225

Security of aircraft and facilities. 

1544.227

Exclusive area agreement. 

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§ 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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§ 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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§ 1544.103 

45,500 kg (100,309.3 pounds), or a pas-
senger-seating configuration of 61 or 
more, and is not a government charter 
under paragraph (2) of the definition of 
private charter in § 1540.5 of this chap-
ter. 

(2) The Administrator may authorize 

alternate procedures under paragraph 
(f)(1) of this section as appropriate. 

(g) 

Limited program: In addition to 

paragraph (d) of this section, if applica-
ble, TSA may approve a security pro-
gram after receiving a request by an 
aircraft operator holding a certificate 
under 14 CFR part 119, other than one 
identified in paragraph (a), (b), (d), or 
(f) of this section. The aircraft operator 
must— 

(1) Carry out selected provisions of 

subparts C, D, and E; 

(2) Carry out the provisions of 

§ 1544.305, as specified in its security 
program; and 

(3) Adopt and carry out a security 

program that meets the applicable re-
quirements of § 1544.103 (c). 

(h) 

Full all-cargo program—adoption: 

Each aircraft operator must carry out 
the requirements of paragraph (i) of 
this section for each operation that 
is— 

(1) In an aircraft with a maximum 

certificated takeoff weight of more 
than 45,500 kg (100,309.3 pounds); and 

(2) Carrying cargo and authorized 

persons and no passengers. 

(i) 

Full all-cargo program—contents: 

For each operation described in para-
graph (h) of this section, the aircraft 
operator must carry out the following, 
and must adopt and carry out a secu-
rity program that meets the applicable 
requirements of § 1544.103(c): 

(1) The requirements of §§ 1544.202, 

1544.205, 1544.207, 1544.209, 1544.211, 
1544.215, 1544.217, 1544.219, 1544.225, 
1544.227, 1544.228, 1544.229, 1544.230, 
1544.231, 1544.233, 1544.235, 1544.237, 
1544.301, 1544.303, and 1544.305. 

(2) Other provisions of subpart C of 

this part that TSA has approved upon 
request. 

(3) The remaining requirements of 

subpart C of this part when TSA noti-
fies the aircraft operator in writing 

that a security threat exists con-
cerning that operation. 

[67 FR 8364, Feb. 22, 2002, as amended at 67 
FR 8209, Feb. 22, 2002; 67 FR 41639, June 19, 
2002; 67 FR 79887, Dec. 31, 2002; 71 FR 30510, 
May 26, 2006] 

§ 1544.103

Form, content, and avail-

ability. 

(a) 

General requirements. Each secu-

rity program must: 

(1) Provide for the safety of persons 

and property traveling on flights pro-
vided by the aircraft operator against 
acts of criminal violence and air pi-
racy, and the introduction of explo-
sives, incendiaries, or weapons aboard 
an aircraft. 

(2) Be in writing and signed by the 

aircraft operator or any person dele-
gated authority in this matter. 

(3) Be approved by TSA. 
(b) 

Availability.  Each aircraft oper-

ator having a security program must: 

(1) Maintain an original copy of the 

security program at its corporate of-
fice. 

(2) Have accessible a complete copy, 

or the pertinent portions of its security 
program, or appropriate implementing 
instructions, at each airport served. An 
electronic version of the program is 
adequate. 

(3) Make a copy of the security pro-

gram available for inspection upon re-
quest of TSA. 

(4) Restrict the distribution, disclo-

sure, and availability of information 
contained in the security program to 
persons with a need-to-know as de-
scribed in part 1520 of this chapter. 

(5) Refer requests for such informa-

tion by other persons to TSA. 

(c) 

Content.  The security program 

must include, as specified for that air-
craft operator in § 1544.101, the fol-
lowing: 

(1) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.201 regarding the acceptance and 
screening of individuals and their ac-
cessible property, including, if applica-
ble, the carriage weapons as part of 
State-required emergency equipment. 

(2) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 

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§ 1544.105 

§ 1544.203 regarding the acceptance and 
screening of checked baggage. 

(3) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.205 regarding the acceptance and 
screening of cargo. 

(4) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.207 regarding the screening of in-
dividuals and property. 

(5) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.209 regarding the use of metal de-
tection devices. 

(6) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.211 regarding the use of x-ray sys-
tems. 

(7) The procedures and description of 

the facilities and equipment used to 
comply with the requirements of 
§ 1544.213 regarding the use of explo-
sives detection systems. 

(8) The procedures used to comply 

with the requirements of § 1544.215 re-
garding the responsibilities of security 
coordinators. The names of the Air-
craft Operator Security Coordinator 
(AOSC) and any alternate, and the 
means for contacting the AOSC(s) on a 
24-hour basis, as provided in § 1544.215. 

(9) The procedures used to comply 

with the requirements of § 1544.217 re-
garding the requirements for law en-
forcement personnel. 

(10) The procedures used to comply 

with the requirements of § 1544.219 re-
garding carriage of accessible weapons. 

(11) The procedures used to comply 

with the requirements of § 1544.221 re-
garding carriage of prisoners under the 
control of armed law enforcement offi-
cers. 

(12) The procedures used to comply 

with the requirements of § 1544.223 re-
garding transportation of Federal Air 
Marshals. 

(13) The procedures and description of 

the facilities and equipment used to 
perform the aircraft and facilities con-
trol function specified in § 1544.225. 

(14) The specific locations where the 

air carrier has entered into an exclu-
sive area agreement under § 1544.227. 

(15) The procedures used to comply 

with the applicable requirements of 
§§ 1544.229 and 1544.230 regarding finger-
print-based criminal history records 
checks. 

(16) The procedures used to comply 

with the requirements of § 1544.231 re-
garding personnel identification sys-
tems. 

(17) The procedures and syllabi used 

to accomplish the training required 
under § 1544.233. 

(18) The procedures and syllabi used 

to accomplish the training required 
under § 1544.235. 

(19) An aviation security contingency 

plan as specified under § 1544.301. 

(20) The procedures used to comply 

with the requirements of § 1544.303 re-
garding bomb and air piracy threats. 

(21) The procedures used to comply 

with § 1544.237 regarding flight deck 
privileges. 

(22) The Aircraft Operator Implemen-

tation Plan (AOIP) as required under 49 
CFR 1560.109. 

[67 FR 8364, Feb. 22, 2002, as amended at 67 
FR 8209, Feb. 22, 2002; 73 FR 64061, Oct. 28, 
2008] 

§ 1544.105

Approval and amendments. 

(a) 

Initial approval of security program. 

Unless otherwise authorized by TSA, 
each aircraft operator required to have 
a security program under this part 
must submit its proposed security pro-
gram to the designated official for ap-
proval at least 90 days before the in-
tended date of operations. The pro-
posed security program must meet the 
requirements applicable to its oper-
ation as described in § 1544.101. Such re-
quests will be processed as follows: 

(1) The designated official, within 30 

days after receiving the proposed air-
craft operator security program, will 
either approve the program or give the 
aircraft operator written notice to 
modify the program to comply with the 
applicable requirements of this part. 

(2) The aircraft operator may either 

submit a modified security program to 
the designated official for approval, or 
petition the Administrator to recon-
sider the notice to modify within 30 
days of receiving a notice to modify. A 
petition for reconsideration must be 
filed with the designated official. 

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(3) The designated official, upon re-

ceipt of a petition for reconsideration, 
either amends or withdraws the notice, 
or transmits the petition, together 
with any pertinent information, to the 
Administrator for reconsideration. The 
Administrator disposes of the petition 
within 30 days of receipt by either di-
recting the designated official to with-
draw or amend the notice to modify, or 
by affirming the notice to modify. 

(b) 

Amendment requested by an aircraft 

operator. An aircraft operator may sub-
mit a request to TSA to amend its se-
curity program as follows: 

(1) The request for an amendment 

must be filed with the designated offi-
cial at least 45 days before the date it 
proposes for the amendment to become 
effective, unless a shorter period is al-
lowed by the designated official. 

(2) Within 30 days after receiving a 

proposed amendment, the designated 
official, in writing, either approves or 
denies the request to amend. 

(3) An amendment to an aircraft op-

erator security program may be ap-
proved if the designated official deter-
mines that safety and the public inter-
est will allow it, and the proposed 
amendment provides the level of secu-
rity required under this part. 

(4) Within 30 days after receiving a 

denial, the aircraft operator may peti-
tion the Administrator to reconsider 
the denial. A petition for reconsider-
ation must be filed with the designated 
official. 

(5) Upon receipt of a petition for re-

consideration, the designated official 
either approves the request to amend 
or transmits the petition, together 
with any pertinent information, to the 
Administrator for reconsideration. The 
Administrator disposes of the petition 
within 30 days of receipt by either di-
recting the designated official to ap-
prove the amendment, or affirming the 
denial. 

(6) Any aircraft operator may submit 

a group proposal for an amendment 
that is on behalf of it and other air-
craft operators that co-sign the pro-
posal. 

(c) 

Amendment by TSA. If safety and 

the public interest require an amend-
ment, TSA may amend a security pro-
gram as follows: 

(1) The designated official notifies 

the aircraft operator, in writing, of the 
proposed amendment, fixing a period of 
not less than 30 days within which the 
aircraft operator may submit written 
information, views, and arguments on 
the amendment. 

(2) After considering all relevant ma-

terial, the designated official notifies 
the aircraft operator of any amend-
ment adopted or rescinds the notice. If 
the amendment is adopted, it becomes 
effective not less than 30 days after the 
aircraft operator receives the notice of 
amendment, unless the aircraft oper-
ator petitions the Administrator to re-
consider no later than 15 days before 
the effective date of the amendment. 
The aircraft operator must send the pe-
tition for reconsideration to the des-
ignated official. A timely petition for 
reconsideration stays the effective date 
of the amendment. 

(3) Upon receipt of a petition for re-

consideration, the designated official 
either amends or withdraws the notice 
or transmits the petition, together 
with any pertinent information, to the 
Administrator for reconsideration. The 
Administrator disposes of the petition 
within 30 days of receipt by either di-
recting the designated official to with-
draw or amend the amendment, or by 
affirming the amendment. 

(d) 

Emergency amendments. If the des-

ignated official finds that there is an 
emergency requiring immediate action 
with respect to safety in air transpor-
tation or in air commerce that makes 
procedures in this section contrary to 
the public interest, the designated offi-
cial may issue an amendment, without 
the prior notice and comment proce-
dures in paragraph (c) of this section, 
effective without stay on the date the 
aircraft operator receives notice of it. 
In such a case, the designated official 
will incorporate in the notice a brief 
statement of the reasons and findings 
for the amendment to be adopted. The 
aircraft operator may file a petition 
for reconsideration under paragraph (c) 
of this section; however, this does not 
stay the effective date of the emer-
gency amendment. 

[67 FR 8353, Feb. 22, 2002, as amended at 76 
FR 51867, Aug. 18, 2011] 

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§ 1544.203 

Subpart C—Operations 

§ 1544.201

Acceptance and screening of 

individuals and accessible property. 

(a) 

Preventing or deterring the carriage 

of any explosive, incendiary, or deadly or 
dangerous weapon. Each aircraft oper-
ator must use the measures in its secu-
rity program to prevent or deter the 
carriage of any weapon, explosive, or 
incendiary on or about each individ-
ual’s person or accessible property be-
fore boarding an aircraft or entering a 
sterile area. 

(b) 

Screening of individuals and acces-

sible property. Except as provided in its 
security program, each aircraft oper-
ator must ensure that each individual 
entering a sterile area at each preboard 
screening checkpoint for which it is re-
sponsible, and all accessible property 
under that individual’s control, are in-
spected for weapons, explosives, and in-
cendiaries as provided in § 1544.207. 

(c) 

Refusal to transport. Each aircraft 

operator must deny entry into a sterile 
area and must refuse to transport— 

(1) Any individual who does not con-

sent to a search or inspection of his or 
her person in accordance with the sys-
tem prescribed in this part; and 

(2) Any property of any individual or 

other person who does not consent to a 
search or inspection of that property in 
accordance with the system prescribed 
by this part. 

(d) 

Prohibitions on carrying a weapon, 

explosive, or incendiary. Except as pro-
vided in §§ 1544.219, 1544.221, and 1544.223, 
no aircraft operator may permit any 
individual to have a weapon, explosive, 
or incendiary, on or about the individ-
ual’s person or accessible property 
when onboard an aircraft. 

(e) 

Staffing.  Each aircraft operator 

must staff its security screening check-
points with supervisory and non-super-
visory personnel in accordance with 
the standards specified in its security 
program. 

§ 1544.202

Persons and property on-

board an all-cargo aircraft. 

Each aircraft operator operating 

under a full all-cargo program, or a 
twelve-five program in an all-cargo op-
eration, must apply the security meas-
ures in its security program for persons 
who board the aircraft for transpor-

tation, and for their property, to pre-
vent or deter the carriage of any unau-
thorized persons, and any unauthorized 
weapons, explosives, incendiaries, and 
other destructive devices, items, or 
substances. 

[71 FR 30510, May 26, 2006] 

§ 1544.203

Acceptance and screening of 

checked baggage. 

(a) 

Preventing or deterring the carriage 

of any explosive or incendiary. Each air-
craft operator must use the procedures, 
facilities, and equipment described in 
its security program to prevent or 
deter the carriage of any unauthorized 
explosive or incendiary onboard air-
craft in checked baggage. 

(b) 

Acceptance. Each aircraft operator 

must ensure that checked baggage car-
ried in the aircraft is received by its 
authorized aircraft operator represent-
ative. 

(c) 

Screening of checked baggage. Ex-

cept as provided in its security pro-
gram, each aircraft operator must en-
sure that all checked baggage is in-
spected for explosives and incendiaries 
before loading it on its aircraft, in ac-
cordance with § 1544.207. 

(d) 

Control.  Each aircraft operator 

must use the procedures in its security 
program to control checked baggage 
that it accepts for transport on an air-
craft, in a manner that: 

(1) Prevents the unauthorized car-

riage of any explosive or incendiary 
aboard the aircraft. 

(2) Prevents access by persons other 

than an aircraft operator employee or 
its agent. 

(e) 

Refusal to transport. Each aircraft 

operator must refuse to transport any 
individual’s checked baggage or prop-
erty if the individual does not consent 
to a search or inspection of that 
checked baggage or property in accord-
ance with the system prescribed by 
this part. 

(f) 

Firearms in checked baggage. No 

aircraft operator may knowingly per-
mit any person to transport in checked 
baggage: 

(1) Any loaded firearm(s). 
(2) Any unloaded firearm(s) unless— 
(i) The passenger declares to the air-

craft operator, either orally or in writ-
ing before checking the baggage that 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.205 

any firearm carried in the baggage is 
unloaded; 

(ii) The firearm is carried in a hard- 

sided container; 

(iii) The container in which it is car-

ried is locked, and only the individual 
checking the baggage retains the key 
or combination; and 

(iv) The checked baggage containing 

the firearm is carried in an area that is 
inaccessible to passengers, and is not 
carried in the flightcrew compart-
ment,. 

(3) Any unauthorized explosive or in-

cendiary. 

(g) 

Ammunition. This section does not 

prohibit the carriage of ammunition in 
checked baggage or in the same con-
tainer as a firearm. Title 49 CFR part 
175 provides additional requirements 
governing carriage of ammunition on 
aircraft. 

§ 1544.205

Acceptance and screening of 

cargo. 

(a) 

Preventing or deterring the carriage 

of any explosive or incendiary. Each air-
craft operator operating under a full 
program, a full all-cargo program, or a 
twelve-five program in an all-cargo op-
eration, must use the procedures, fa-
cilities, and equipment described in its 
security program to prevent or deter 
the carriage of any unauthorized per-
sons, and any unauthorized explosives, 
incendiaries, and other destructive sub-
stances or items in cargo onboard an 
aircraft. 

(b) 

Screening and inspection of cargo. 

Each aircraft operator operating under 
a full program or a full all-cargo pro-
gram, or a twelve-five program in an 
all-cargo operation, must ensure that 
cargo is screened and inspected for any 
unauthorized person, and any unau-
thorized explosive, incendiary, and 
other destructive substance or item as 
provided in the aircraft operator’s se-
curity program and § 1544.207, and as 
provided in § 1544.239 for operations 
under a full program, before loading it 
on its aircraft. 

(c) 

Control. Each aircraft operator op-

erating under a full program or a full 
all-cargo program must use the proce-
dures in its security program to con-
trol cargo that it accepts for transport 
on an aircraft in a manner that: 

(1) Prevents the carriage of any un-

authorized person, and any unauthor-
ized explosive, incendiary, and other 
destructive substance or item in cargo 
onboard an aircraft. 

(2) Prevents unescorted access by 

persons other than an authorized air-
craft operator employee or agent, or 
persons authorized by the airport oper-
ator or host government. 

(d) 

Refusal to transport. Except as oth-

erwise provided in its program, each 
aircraft operator operating under a full 
program, a full all-cargo program, or a 
twelve-five program in an all-cargo op-
eration, must refuse to transport any 
cargo if the shipper does not consent to 
a search or inspection of that cargo in 
accordance with the system prescribed 
by this part. 

(e) 

Acceptance of cargo only from speci-

fied persons. Each aircraft operator op-
erating under a full program or a full 
all-cargo program may accept cargo to 
be loaded in the United States for air 
transportation only from the shipper, 
an aircraft operator, foreign air car-
rier, or indirect air carrier operating 
under a security program under this 
chapter with a comparable cargo secu-
rity program, or, in the case of an oper-
ator under a full program, from a cer-
tified cargo screening facility, as pro-
vided in its security program. 

(f) 

Acceptance and screening of cargo 

outside the United States. For cargo to 
be loaded on its aircraft outside the 
United States, each aircraft operator 
must carry out the requirements of its 
security program. 

(g) 

Screening of cargo loaded inside the 

United States by a full program operator. 
For cargo to be loaded in the United 
States, each operator under a full pro-
gram in § 1544.101(a) must ensure that 
all cargo is screened in the United 
States as follows: 

(1) 

Amount screened. (i) Not later than 

February 3, 2009, each operator under a 
full program must ensure that at least 
50 percent of its cargo is screened prior 
to transport on a passenger aircraft. 

(ii) Not later than August 3, 2010, 

each operator under a full program 
must ensure that 100 percent of its 
cargo is screened prior to transport on 
a passenger aircraft. 

(2) 

Methods of screening. For the pur-

poses of this paragraph (g), the aircraft 

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§ 1544.211 

operator must ensure that cargo is 
screened using a physical examination 
or non-intrusive method of assessing 
whether cargo poses a threat to trans-
portation security, as provided in its 
security program. Such methods may 
include TSA-approved x-ray systems, 
explosives detection systems, explo-
sives trace detection, explosives detec-
tion canine teams certified by TSA, or 
a physical search together with mani-
fest verification, or other method ap-
proved by TSA. 

(3) 

Limitation on who may conduct 

screening. Screening must be conducted 
by the aircraft operator, by another 
aircraft operator or foreign air carrier 
operating under a security program 
under this chapter with a comparable 
cargo security program, by a certified 
cargo screening facility in accordance 
with 49 CFR part 1549, or by TSA. 

(4) 

Verification.  The aircraft operator 

must verify that the chain of custody 
measures for the screened cargo are in-
tact prior to loading such cargo on air-
craft, or must ensure that the cargo is 
re-screened in accordance with this 
chapter. 

[71 FR 30510, May 26, 2006, as amended at 74 
FR 47703, Sept. 16, 2009; 76 FR 51867, Aug. 18, 
2011; 76 FR 53080, Aug. 25, 2011] 

§ 1544.207

Screening of individuals 

and property. 

(a) 

Applicability of this section. This 

section applies to the inspection of in-
dividuals, accessible property, checked 
baggage, and cargo as required under 
this part. 

(b) 

Locations within the United States 

at which TSA conducts screening. Each 
aircraft operator must ensure that the 
individuals or property have been in-
spected by TSA before boarding or 
loading on its aircraft. This paragraph 
applies when TSA is conducting screen-
ing using TSA employees or when 
using companies under contract with 
TSA. 

(c) 

Aircraft operator conducting screen-

ing.  Each aircraft operator must use 
the measures in its security program 
and in subpart E of this part to inspect 
the individual or property. This para-
graph does not apply at locations iden-
tified in paragraphs (b) and (d) of this 
section. 

(d) 

Locations outside the United States 

at which the foreign government conducts 
screening.  Each aircraft operator must 
ensure that all individuals and prop-
erty have been inspected by the foreign 
government. This paragraph applies 
when the host government is con-
ducting screening using government 
employees or when using companies 
under contract with the government. 

§ 1544.209

Use of metal detection de-

vices. 

(a) No aircraft operator may use a 

metal detection device within the 
United States or under the aircraft op-
erator’s operational control outside the 
United States to inspect persons, un-
less specifically authorized under a se-
curity program under this part. No air-
craft operator may use such a device 
contrary to its security program. 

(b) Metal detection devices must 

meet the calibration standards estab-
lished by TSA. 

§ 1544.211

Use of X-ray systems. 

(a) 

TSA authorization required. No air-

craft operator may use any X-ray sys-
tem within the United States or under 
the aircraft operator’s operational con-
trol outside the United States to in-
spect accessible property or checked 
baggage, unless specifically authorized 
under its security program. No aircraft 
operator may use such a system in a 
manner contrary to its security pro-
gram. TSA authorizes aircraft opera-
tors to use X-ray systems for inspect-
ing accessible property or checked bag-
gage under a security program if the 
aircraft operator shows that— 

(1) The system meets the standards 

for cabinet X-ray systems primarily for 
the inspection of baggage issued by the 
Food and Drug Administration (FDA) 
and published in 21 CFR 1020.40; 

(2) A program for initial and recur-

rent training of operators of the sys-
tem is established, which includes 
training in radiation safety, the effi-
cient use of X-ray systems, and the 
identification of weapons, explosives, 
and incendiaries; and 

(3) The system meets the imaging re-

quirements set forth in its security 
program using the step wedge specified 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.211 

in American Society for Testing Mate-
rials (ASTM) Standard F792–88 (Re-
approved 1993). This standard is incor-
porated by reference in paragraph (g) of 
this section. 

(b) 

Annual radiation survey. No air-

craft operator may use any X-ray sys-
tem unless, within the preceding 12 cal-
endar months, a radiation survey is 
conducted that shows that the system 
meets the applicable performance 
standards in 21 CFR 1020.40. 

(c) 

Radiation survey after installation 

or moving. No aircraft operator may use 
any X-ray system after the system has 
been installed at a screening point or 
after the system has been moved unless 
a radiation survey is conducted which 
shows that the system meets the appli-
cable performance standards in 21 CFR 
1020.40. A radiation survey is not re-
quired for an X-ray system that is de-
signed and constructed as a mobile 
unit and the aircraft operator shows 
that it can be moved without altering 
its performance. 

(d) 

Defect notice or modification order. 

No aircraft operator may use any X- 
ray system that is not in full compli-
ance with any defect notice or modi-
fication order issued for that system by 
the FDA, unless the FDA has advised 
TSA that the defect or failure to com-
ply does not create a significant risk of 
injury, including genetic injury, to any 
person. 

(e) 

Signs and inspection of photo-

graphic equipment and film. (1) At loca-
tions at which an aircraft operator 
uses an X-ray system to inspect acces-
sible property the aircraft operator 
must ensure that a sign is posted in a 
conspicuous place at the screening 
checkpoint. At locations outside the 
United States at which a foreign gov-
ernment uses an X-ray system to in-
spect accessible property the aircraft 
operator must ensure that a sign is 
posted in a conspicuous place at the 
screening checkpoint. 

(2) At locations at which an aircraft 

operator or TSA uses an X-ray system 
to inspect checked baggage the aircraft 
operator must ensure that a sign is 
posted in a conspicuous place where 
the aircraft operator accepts checked 
baggage. 

(3) The signs required under this 

paragraph (e) must notify individuals 

that such items are being inspected by 
an X-ray and advise them to remove all 
X-ray, scientific, and high-speed film 
from accessible property and checked 
baggage before inspection. This sign 
must also advise individuals that they 
may request that an inspection be 
made of their photographic equipment 
and film packages without exposure to 
an X-ray system. If the X-ray system 
exposes any accessible property or 
checked baggage to more than one 
milliroentgen during the inspection, 
the sign must advise individuals to re-
move film of all kinds from their arti-
cles before inspection. 

(4) If requested by individuals, their 

photographic equipment and film pack-
ages must be inspected without expo-
sure to an X-ray system. 

(f) 

Radiation survey verification after 

installation or moving. Each aircraft op-
erator must maintain at least one copy 
of the results of the most recent radi-
ation survey conducted under para-
graph (b) or (c) of this section and must 
make it available for inspection upon 
request by TSA at each of the fol-
lowing locations— 

(1) The aircraft operator’s principal 

business office; and 

(2) The place where the X-ray system 

is in operation. 

(g) 

Incorporation by reference. The 

American Society for Testing and Ma-
terials (ASTM) Standard F792–88 (Re-
approved 1993), ‘‘Standard Practice for 
Design and Use of Ionizing Radiation 
Equipment for the Detection of Items 
Prohibited in Controlled Access 
Areas,’’ is approved for incorporation 
by reference by the Director of the 
Federal Register pursuant to 5 U.S.C. 
552(a) and l CFR part 51. ASTM Stand-
ard F792–88 may be examined at the De-
partment of Transportation (DOT) 
Docket, 400 Seventh Street SW, Room 
Plaza 401, Washington, DC 20590, or on 
DOT’s Docket Management System 
(DMS) web page at 

http://dms.dot.gov/ 

search (under docket number FAA–2001– 
8725). Copies of the standard may be ex-
amined also at the National Archives 
and Records Administration (NARA). 
For information on the availability of 
this material at NARA, call 202–741– 
6030, or go to: 

http://www.archives.gov/ 

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§ 1544.217 

federal

_

register/code

_

of

_

fed-

eral

_

regulations/ibr

_

locations.html.  In ad-

dition, ASTM Standard F792–88 (Re-
approved 1993) may be obtained from 
the American Society for Testing and 
Materials, 100 Barr Harbor Drive, West 
Conshohocken, PA 19428–2959. 

(h) 

Duty time limitations. Each aircraft 

operator must comply with the X-ray 
operator duty time limitations speci-
fied in its security program. 

[67 FR 8364, Feb. 22, 2002, as amended at 69 
FR 18803, Apr. 9, 2004] 

§ 1544.213

Use of explosives detection 

systems. 

(a) 

Use of explosive detection equip-

ment.  If TSA so requires by an amend-
ment to an aircraft operator’s security 
program, each aircraft operator re-
quired to conduct screening under a se-
curity program must use an explosives 
detection system approved by TSA to 
screen checked baggage on inter-
national flights. 

(b) 

Signs and inspection of photo-

graphic equipment and film. (1) At loca-
tions at which an aircraft operator or 
TSA uses an explosives detection sys-
tem that uses X-ray technology to in-
spect checked baggage the aircraft op-
erator must ensure that a sign is post-
ed in a conspicuous place where the 
aircraft operator accepts checked bag-
gage. The sign must notify individuals 
that such items are being inspected by 
an explosives detection system and ad-
vise them to remove all X-ray, sci-
entific, and high-speed film from 
checked baggage before inspection. 
This sign must also advise individuals 
that they may request that an inspec-
tion be made of their photographic 
equipment and film packages without 
exposure to an explosives detection 
system. 

(2) If the explosives detection system 

exposes any checked baggage to more 
than one milliroentgen during the in-
spection the aircraft operator must 
post a sign which advises individuals to 
remove film of all kinds from their ar-
ticles before inspection. If requested by 
individuals, their photographic equip-
ment and film packages must be in-
spected without exposure to an explo-
sives detection system. 

§ 1544.215

Security coordinators. 

(a) 

Aircraft Operator Security Coordi-

nator. Each aircraft operator must des-
ignate and use an Aircraft Operator Se-
curity Coordinator (AOSC). The AOSC 
and any alternates must be appointed 
at the corporate level and must serve 
as the aircraft operator’s primary con-
tact for security-related activities and 
communications with TSA, as set forth 
in the security program. Either the 
AOSC, or an alternate AOSC, must be 
available on a 24-hour basis. 

(b) 

Ground Security Coordinator. Each 

aircraft operator must designate and 
use a Ground Security Coordinator for 
each domestic and international flight 
departure to carry out the Ground Se-
curity Coordinator duties specified in 
the aircraft operator’s security pro-
gram. The Ground Security Coordi-
nator at each airport must conduct the 
following daily: 

(1) A review of all security-related 

functions for which the aircraft oper-
ator is responsible, for effectiveness 
and compliance with this part, the air-
craft operator’s security program, and 
applicable Security Directives. 

(2) Immediate initiation of corrective 

action for each instance of noncompli-
ance with this part, the aircraft opera-
tor’s security program, and applicable 
Security Directives. At foreign airports 
where such security measures are pro-
vided by an agency or contractor of a 
host government, the aircraft operator 
must notify TSA for assistance in re-
solving noncompliance issues. 

(c) 

In-flight Security Coordinator. Each 

aircraft operator must designate and 
use the pilot in command as the In- 
flight Security Coordinator for each 
domestic and international flight to 
perform duties specified in the aircraft 
operator’s security program. 

§ 1544.217

Law enforcement personnel. 

(a) The following applies to oper-

ations at airports within the United 
States that are not required to hold a 
security program under part 1542 of 
this chapter. 

(1) For operations described in 

§ 1544.101(a) each aircraft operator must 
provide for law enforcement personnel 
meeting the qualifications and stand-
ards specified in §§ 1542.215 and 1542.217 
of this chapter. 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.219 

(2) For operations under a partial 

program under § 1544.101(b) and (c), a 
twelve-five program under § 1544.101(d) 
and (e), a private charter program 
under § 1544.101(f), or a full all-cargo 
program under § 1544.101(h) and (i), each 
aircraft operator must— 

(i) Arrange for law enforcement per-

sonnel meeting the qualifications and 
standards specified in § 1542.217 of this 
chapter to be available to respond to 
an incident; and 

(ii) Provide its employees, including 

crewmembers, current information re-
garding procedures for obtaining law 
enforcement assistance at that airport. 

(b) The following applies to oper-

ations at airports required to hold se-
curity programs under part 1542 of this 
chapter. For operations under a partial 
program under § 1544.101(b) and (c), a 
twelve-five program under § 1544.101(d) 
and (e), a private charter program 
under § 1544.101(f), or a full all-cargo 
program under § 1544.101(h) and (i), each 
aircraft operator must— 

(1) Arrange with TSA and the airport 

operator, as appropriate, for law en-
forcement personnel meeting the quali-
fications and standards specified in 
§ 1542.217 of this chapter to be available 
to respond to incidents, and 

(2) Provide its employees, including 

crewmembers, current information re-
garding procedures for obtaining law 
enforcement assistance at that airport. 

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

§ 1544.219

Carriage of accessible weap-

ons. 

(a) 

Flights for which screening is con-

ducted.  The provisions of § 1544.201(d), 
with respect to accessible weapons, do 
not apply to a law enforcement officer 
(LEO) aboard a flight for which screen-
ing is required if the requirements of 
this section are met. Paragraph (a) of 
this section does not apply to a Federal 
Air Marshal on duty status under 
§ 1544.223. 

(1) Unless otherwise authorized by 

TSA, the armed LEO must meet the 
following requirements: 

(i) Be a Federal law enforcement offi-

cer or a full-time municipal, county, or 
state law enforcement officer who is a 
direct employee of a government agen-
cy. 

(ii) Be sworn and commissioned to 

enforce criminal statutes or immigra-
tion statutes. 

(iii) Be authorized by the employing 

agency to have the weapon in connec-
tion with assigned duties. 

(iv) Has completed the training pro-

gram ‘‘Law Enforcement Officers Fly-
ing Armed.’’ 

(2) In addition to the requirements of 

paragraph (a)(1) of this section, the 
armed LEO must have a need to have 
the weapon accessible from the time he 
or she would otherwise check the weap-
on until the time it would be claimed 
after deplaning. The need to have the 
weapon accessible must be determined 
by the employing agency, department, 
or service and be based on one of the 
following: 

(i) The provision of protective duty, 

for instance, assigned to a principal or 
advance team, or on travel required to 
be prepared to engage in a protective 
function. 

(ii) The conduct of a hazardous sur-

veillance operation. 

(iii) On official travel required to re-

port to another location, armed and 
prepared for duty. 

(iv) Employed as a Federal LEO, 

whether or not on official travel, and 
armed in accordance with an agency- 
wide policy governing that type of 
travel established by the employing 
agency by directive or policy state-
ment. 

(v) Control of a prisoner, in accord-

ance with § 1544.221, or an armed LEO 
on a round trip ticket returning from 
escorting, or traveling to pick up, a 
prisoner. 

(vi) TSA Federal Air Marshal on duty 

status. 

(3) The armed LEO must comply with 

the following notification require-
ments: 

(i) All armed LEOs must notify the 

aircraft operator of the flight(s) on 
which he or she needs to have the 
weapon accessible at least 1 hour, or in 
an emergency as soon as practicable, 
before departure. 

(ii) Identify himself or herself to the 

aircraft operator by presenting creden-
tials that include a clear full-face pic-
ture, the signature of the armed LEO, 

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§ 1544.221 

and the signature of the authorizing of-
ficial of the agency, service, or depart-
ment or the official seal of the agency, 
service, or department. A badge, shield, 
or similar device may not be used, or 
accepted, as the sole means of identi-
fication. 

(iii) If the armed LEO is a State, 

county, or municipal law enforcement 
officer, he or she must present an origi-
nal letter of authority, signed by an 
authorizing official from his or her em-
ploying agency, service or department, 
confirming the need to travel armed 
and detailing the itinerary of the trav-
el while armed. 

(iv) If the armed LEO is an escort for 

a foreign official then this paragraph 
(a)(3) may be satisfied by a State De-
partment notification. 

(4) The aircraft operator must do the 

following: 

(i) Obtain information or documenta-

tion required in paragraphs (a)(3)(ii), 
(iii), and (iv) of this section. 

(ii) Advise the armed LEO, before 

boarding, of the aircraft operator’s pro-
cedures for carrying out this section. 

(iii) Have the LEO confirm he/she has 

completed the training program ‘‘Law 
Enforcement Officers Flying Armed’’ 
as required by TSA, unless otherwise 
authorized by TSA. 

(iv) Ensure that the identity of the 

armed LEO is known to the appro-
priate personnel who are responsible 
for security during the boarding of the 
aircraft. 

(v) Notify the pilot in command and 

other appropriate crewmembers, of the 
location of each armed LEO aboard the 
aircraft. Notify any other armed LEO 
of the location of each armed LEO, in-
cluding FAM’s. Under circumstances 
described in the security program, the 
aircraft operator must not close the 
doors until the notification is com-
plete. 

(vi) Ensure that the information re-

quired in paragraphs (a)(3)(i) and (ii) of 
this section is furnished to the flight 
crew of each additional connecting 
flight by the Ground Security Coordi-
nator or other designated agent at each 
location. 

(b) 

Flights for which screening is not 

conducted. 

The provisions of 

§ 1544.201(d), with respect to accessible 
weapons, do not apply to a LEO aboard 

a flight for which screening is not re-
quired if the requirements of para-
graphs (a)(1), (3), and (4) of this section 
are met. 

(c) 

Alcohol.  (1) No aircraft operator 

may serve any alcoholic beverage to an 
armed LEO. 

(2) No armed LEO may: 
(i) Consume any alcoholic beverage 

while aboard an aircraft operated by an 
aircraft operator. 

(ii) Board an aircraft armed if they 

have consumed an alcoholic beverage 
within the previous 8 hours. 

(d) 

Location of weapon. (1) Any indi-

vidual traveling aboard an aircraft 
while armed must at all times keep 
their weapon: 

(i) Concealed and out of view, either 

on their person or in immediate reach, 
if the armed LEO is not in uniform. 

(ii) On their person, if the armed LEO 

is in uniform. 

(2) No individual may place a weapon 

in an overhead storage bin. 

§ 1544.221

Carriage of prisoners under 

the control of armed law enforce-
ment officers. 

(a) This section applies as follows: 
(1) This section applies to the trans-

port of prisoners under the escort of an 
armed law enforcement officer. 

(2) This section does not apply to the 

carriage of passengers under voluntary 
protective escort. 

(3) This section does not apply to the 

escort of non-violent detainees of the 
Immigration and Naturalization Serv-
ice. This section does not apply to indi-
viduals who may be traveling with a 
prisoner and armed escort, such as the 
family of a deportee who is under 
armed escort. 

(b) For the purpose of this section: 
(1) ‘‘High risk prisoner’’ means a pris-

oner who is an exceptional escape risk, 
as determined by the law enforcement 
agency, and charged with, or convicted 
of, a violent crime. 

(2) ‘‘Low risk prisoner’’ means any 

prisoner who has not been designated 
as ‘‘high risk.’’ 

(c) 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, in addition to the requirements 

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§ 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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§ 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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§ 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 

(C) Is transferred to another TSA- 

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. 

(C) Screening cargo that will be car-

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. 

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(3) 

New authority to perform checked 

baggage or cargo functions. Each indi-
vidual who, on and after February 17, 
2002, is granted the authority to per-
form the following checked baggage 
and cargo functions (referred to as 
‘‘authority to perform checked baggage 
or cargo functions’’), except for indi-
viduals described in paragraph (a)(1) of 
this section: 

(i) Screening of checked baggage or 

cargo of an aircraft operator required 
to screen passengers under this part, or 
serving as an immediate supervisor of 
such an individual. 

(ii) Accepting checked baggage for 

transport on behalf of an aircraft oper-
ator required to screen passengers 
under this part. 

(4) 

Current authority to perform 

checked baggage or cargo functions. Each 
individual who holds on February 17, 
2002, authority to perform checked bag-
gage or cargo functions, except for in-
dividuals described in paragraph (a)(1) 
or (2) of this section. 

(b) 

Individuals seeking unescorted ac-

cess authority, authority to perform 
screening functions, or authority to per-
form checked baggage or cargo functions. 
Each aircraft operator must ensure 
that each individual identified in para-
graph (a)(1) or (3) of this section has 
undergone a fingerprint-based CHRC 
that does not disclose that he or she 
has a disqualifying criminal offense, as 
described in paragraph (d) of this sec-
tion, before— 

(1) Making a certification to an air-

port operator regarding that indi-
vidual; 

(2) Issuing an aircraft operator iden-

tification medium to that individual; 

(3) Authorizing that individual to 

perform screening functions; or 

(4) Authorizing that individual to 

perform checked baggage or cargo 
functions. 

(c) 

Individuals who have not had a 

CHRC—(1)  Deadline for conducting a 
CHRC. Each aircraft operator must en-
sure that, on and after December 6, 
2002: 

(i) No individual retains unescorted 

access authority, whether obtained as 
a result of a certification to an airport 
operator under 14 CFR 107.31(n) in ef-
fect prior to November 14, 2001 (see 14 
CFR parts 60 to 139 revised as of Janu-

ary 1, 2001), or under 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), or obtained as a result 
of the issuance of an aircraft operator’s 
identification media, unless the indi-
vidual has been subject to a finger-
print-based CHRC for unescorted access 
authority under this part. 

(ii) No individual continues to have 

authority to perform screening func-
tions described in paragraph (a)(1)(iii) 
of this section, unless the individual 
has been subject to a fingerprint-based 
CHRC under this part. 

(iii) No individual continues to have 

authority to perform checked baggage 
or cargo functions described in para-
graph (a)(3) of this section, unless the 
individual has been subject to a finger-
print-based CHRC under this part. 

(2) 

Lookback for individuals with 

unescorted access authority or authority 
to perform screening functions. When a 
CHRC discloses a disqualifying crimi-
nal offense for which the conviction or 
finding was on or after December 6, 
1991, the aircraft operator must imme-
diately suspend that individual’s 
unescorted access authority or author-
ity to perform screening functions. 

(3) 

Lookback for individuals with au-

thority to perform checked baggage or 
cargo functions. When a CHRC discloses 
a disqualifying criminal offense for 
which the conviction or finding was on 
or after February 17, 1992, the aircraft 
operator must immediately suspend 
that individual’s authority to perform 
checked baggage or cargo functions. 

(d) 

Disqualifying criminal offenses. An 

individual has a disqualifying criminal 
offense if the individual has been con-
victed, or found not guilty by reason of 
insanity, of any of the disqualifying 
crimes listed in this paragraph in any 
jurisdiction during the 10 years before 
the date of the individual’s application 
for authority to perform covered func-
tions, or while the individual has au-
thority to perform covered functions. 
The disqualifying criminal offenses are 
as follows: 

(1) Forgery of certificates, false 

marking of aircraft, and other aircraft 
registration violation; 49 U.S.C. 46306. 

(2) Interference with air navigation; 

49 U.S.C. 46308. 

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(3) Improper transportation of a haz-

ardous material; 49 U.S.C. 46312. 

(4) Aircraft piracy; 49 U.S.C. 46502. 
(5) Interference with flight crew 

members or flight attendants; 49 U.S.C. 
46504. 

(6) Commission of certain crimes 

aboard aircraft in flight; 49 U.S.C. 
46506. 

(7) Carrying a weapon or explosive 

aboard aircraft; 49 U.S.C. 46505. 

(8) Conveying false information and 

threats; 49 U.S.C. 46507. 

(9) Aircraft piracy outside the special 

aircraft jurisdiction of the United 
States; 49 U.S.C. 46502(b). 

(10) Lighting violations involving 

transporting controlled substances; 49 
U.S.C. 46315. 

(11) Unlawful entry into an aircraft 

or airport area that serves air carriers 
or foreign air carriers contrary to es-
tablished security requirements; 49 
U.S.C. 46314. 

(12) Destruction of an aircraft or air-

craft facility; 18 U.S.C. 32. 

(13) Murder. 
(14) Assault with intent to murder. 
(15) Espionage. 
(16) Sedition. 
(17) Kidnapping or hostage taking. 
(18) Treason. 
(19) Rape or aggravated sexual abuse. 
(20) Unlawful possession, use, sale, 

distribution, or manufacture of an ex-
plosive or weapon. 

(21) Extortion. 
(22) Armed or felony unarmed rob-

bery. 

(23) Distribution of, or intent to dis-

tribute, a controlled substance. 

(24) Felony arson. 
(25) Felony involving a threat. 
(26) Felony involving— 
(i) Willful destruction of property; 
(ii) Importation or manufacture of a 

controlled substance; 

(iii) Burglary; 
(iv) Theft; 
(v) Dishonesty, fraud, or misrepresen-

tation; 

(vi) Possession or distribution of sto-

len property; 

(vii) Aggravated assault; 
(viii) Bribery; or 
(ix) Illegal possession of a controlled 

substance punishable by a maximum 
term of imprisonment of more than 1 
year. 

(27) Violence at international air-

ports; 18 U.S.C. 37. 

(28) Conspiracy or attempt to commit 

any of the criminal acts listed in this 
paragraph (d). 

(e) 

Fingerprint application and proc-

essing. (1) At the time of fingerprinting, 
the aircraft operator must provide the 
individual to be fingerprinted a finger-
print application that includes only 
the following— 

(i) The disqualifying criminal of-

fenses described in paragraph (d) of this 
section. 

(ii) A statement that the individual 

signing the application does not have a 
disqualifying criminal offense. 

(iii) A statement informing the indi-

vidual that Federal regulations under 
49 CFR 1544.229 impose a continuing ob-
ligation to disclose to the aircraft op-
erator within 24 hours if he or she is 
convicted of any disqualifying criminal 
offense that occurs while he or she has 
authority to perform a covered func-
tion. 

(iv) A statement reading, ‘‘The infor-

mation I have provided on this applica-
tion is true, complete, and correct to 
the best of my knowledge and belief 
and is provided in good faith. I under-
stand that a knowing and willful false 
statement on this application can be 
punished by fine or imprisonment or 
both. (See section 1001 of Title 18 
United States Code.)’’ 

(v) A line for the printed name of the 

individual. 

(vi) A line for the individual’s signa-

ture and date of signature. 

(2) Each individual must complete 

and sign the application prior to sub-
mitting his or her fingerprints. 

(3) The aircraft operator must verify 

the identity of the individual through 
two forms of identification prior to 
fingerprinting, and ensure that the 
printed name on the fingerprint appli-
cation is legible. At least one of the 
two forms of identification must have 
been issued by a government authority, 
and at least one must include a photo. 

(4) The aircraft operator must: 
(i) Advise the individual that a copy 

of the criminal record received from 
the FBI will be provided to the indi-
vidual, if requested by the individual in 
writing; and 

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(ii) Identify a point of contact if the 

individual has questions about the re-
sults of the CHRC. 

(5) The aircraft operator must col-

lect, control, and process one set of leg-
ible and classifiable fingerprints under 
direct observation by the aircraft oper-
ator or a law enforcement officer. 

(6) Fingerprints may be obtained and 

processed electronically, or recorded 
on fingerprint cards approved by the 
FBI and distributed by TSA for that 
purpose. 

(7) The fingerprint submission must 

be forwarded to TSA in the manner 
specified by TSA. 

(f) 

Fingerprinting fees. Aircraft opera-

tors must pay for all fingerprints in a 
form and manner approved by TSA. 
The payment must be made at the des-
ignated rate (available from the local 
TSA security office) for each set of fin-
gerprints submitted. Information about 
payment options is available though 
the designated TSA headquarters point 
of contact. Individual personal checks 
are not acceptable. 

(g) 

Determination of arrest status. (1) 

When a CHRC on an individual de-
scribed in paragraph (a)(1) or (3) of this 
section discloses an arrest for any dis-
qualifying criminal offense listed in 
paragraph (d) of this section without 
indicating a disposition, the aircraft 
operator must determine, after inves-
tigation, that the arrest did not result 
in a disqualifying offense before grant-
ing authority to perform a covered 
function. If there is no disposition, or if 
the disposition did not result in a con-
viction or in a finding of not guilty by 
reason of insanity of one of the offenses 
listed in paragraph (d) of this section, 
the individual is not disqualified under 
this section. 

(2) When a CHRC on an individual de-

scribed in paragraph (a)(2) or (4) of this 
section discloses an arrest for any dis-
qualifying criminal offense without in-
dicating a disposition, the aircraft op-
erator must suspend the individual’s 
authority to perform a covered func-
tion not later than 45 days after ob-
taining the CHRC unless the aircraft 
operator determines, after investiga-
tion, that the arrest did not result in a 
disqualifying criminal offense. If there 
is no disposition, or if the disposition 
did not result in a conviction or in a 

finding of not guilty by reason of in-
sanity of one of the offenses listed in 
paragraph (d) of this section, the indi-
vidual is not disqualified under this 
section. 

(3) The aircraft operator may only 

make the determinations required in 
paragraphs (g)(1) and (g)(2) of this sec-
tion for individuals for whom it is 
issuing, or has issued, authority to per-
form a covered function; and individ-
uals who are covered by a certification 
from an aircraft operator under 
§ 1542.209(n) of this chapter. The air-
craft operator may not make deter-
minations for individuals described in 
§ 1542.209(a) of this chapter. 

(h) 

Correction of FBI records and notifi-

cation of disqualification. (1) Before 
making a final decision to deny author-
ity to an individual described in para-
graph (a)(1) or (3) of this section, the 
aircraft operator must advise him or 
her that the FBI criminal record dis-
closes information that would dis-
qualify him or her from receiving or re-
taining authority to perform a covered 
function and provide the individual 
with a copy of the FBI record if he or 
she requests it. 

(2) The aircraft operator must notify 

an individual that a final decision has 
been made to grant or deny authority 
to perform a covered function. 

(3) Immediately following the suspen-

sion of authority to perform a covered 
function, the aircraft operator must 
advise the individual that the FBI 
criminal record discloses information 
that disqualifies him or her from re-
taining his or her authority, and pro-
vide the individual with a copy of the 
FBI record if he or she requests it. 

(i) 

Corrective action by the individual. 

The individual may contact the local 
jurisdiction responsible for the infor-
mation and the FBI to complete or cor-
rect the information contained in his 
or her record, subject to the following 
conditions— 

(1) For an individual seeking 

unescorted access authority or author-
ity to perform screening functions on 
or after December 6, 2001; or an indi-
vidual seeking authority to perform 
checked baggage or cargo functions on 
or after February 17, 2002; the following 
applies: 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.229 

(i) Within 30 days after being advised 

that the criminal record received from 
the FBI discloses a disqualifying crimi-
nal offense, the individual must notify 
the aircraft operator in writing of his 
or her intent to correct any informa-
tion he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the 
individual, of the revised FBI record or 
a certified true copy of the information 
from the appropriate court, prior to au-
thority to perform a covered function. 

(ii) If no notification, as described in 

paragraph (h)(1) of this section, is re-
ceived within 30 days, the aircraft oper-
ator may make a final determination 
to deny authority to perform a covered 
function. 

(2) For an individual with unescorted 

access authority or authority to per-
form screening functions before De-
cember 6, 2001; or an individual with 
authority to perform checked baggage 
or cargo functions before February 17, 
2002; the following applies: Within 30 
days after being advised of suspension 
because the criminal record received 
from the FBI discloses a disqualifying 
criminal offense, the individual must 
notify the aircraft operator in writing 
of his or her intent to correct any in-
formation he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the 
individual, of the revised FBI record, or 
a certified true copy of the information 
from the appropriate court, prior to re-
instating authority to perform a cov-
ered function. 

(j) 

Limits on dissemination of results. 

Criminal record information provided 
by the FBI may be used only to carry 
out this section and § 1542.209 of this 
chapter. No person may disseminate 
the results of a CHRC to anyone other 
than: 

(1) The individual to whom the record 

pertains, or that individual’s author-
ized representative. 

(2) Officials of airport operators who 

are determining whether to grant 
unescorted access to the individual 
under part 1542 of this chapter when 
the determination is not based on the 
aircraft operator’s certification under 
§ 1542.209(n) of this chapter. 

(3) Other aircraft operators who are 

determining whether to grant author-

ity to perform a covered function under 
this part. 

(4) Others designated by TSA. 
(k) 

Recordkeeping.  The aircraft oper-

ator must maintain the following in-
formation. 

(1) 

Investigation conducted before De-

cember 6, 2001. The aircraft operator 
must maintain and control the access 
or employment history investigation 
files, including the criminal history 
records results portion, for investiga-
tions conducted before December 6, 
2001. 

(2) 

Fingerprint application process on or 

after December 6, 2001. The aircraft oper-
ator must physically maintain, con-
trol, and, as appropriate, destroy the 
fingerprint application and the crimi-
nal record. Only direct aircraft oper-
ator employees may carry out the re-
sponsibility for maintaining, control-
ling, and destroying criminal records. 

(3) 

Protection of records—all investiga-

tions.  The records required by this sec-
tion must be maintained in a manner 
that is acceptable to TSA and in a 
manner that protects the confiden-
tiality of the individual. 

(4) 

Duration—all investigations. The 

records identified in this section with 
regard to an individual must be main-
tained until 180 days after the termi-
nation of the individual’s authority to 
perform a covered function. When files 
are no longer maintained, the criminal 
record must be destroyed. 

(l) 

Continuing responsibilities. (1) Each 

individual with unescorted access au-
thority or the authority to perform 
screening functions on December 6, 
2001, who had a disqualifying criminal 
offense in paragraph (d) of this section 
on or after December 6, 1991, must, by 
January 7, 2002, report the conviction 
to the aircraft operator and surrender 
the SIDA access medium to the issuer 
and cease performing screening func-
tions, as applicable. 

(2) Each individual with authority to 

perform a covered function who has a 
disqualifying criminal offense must re-
port the offense to the aircraft oper-
ator and surrender the SIDA access 
medium to the issuer within 24 hours of 
the conviction or the finding of not 
guilty by reason of insanity. 

(3) If information becomes available 

to the aircraft operator indicating that 

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§ 1544.230 

an individual with authority to per-
form a covered function has a possible 
conviction for any disqualifying crimi-
nal offense in paragraph (d) of this sec-
tion, the aircraft operator must deter-
mine the status of the conviction. If a 
disqualifying criminal offense is con-
firmed the aircraft operator must im-
mediately revoke any authority to per-
form a covered function. 

(4) Each individual with authority to 

perform checked baggage or cargo 
functions on February 17, 2002, who had 
a disqualifying criminal offense in 
paragraph (d) of this section on or after 
February 17, 1992, must, by March 25 
2002, report the conviction to the air-
craft operator and cease performing 
check baggage or cargo functions. 

(m) 

Aircraft operator responsibility. 

The aircraft operator must— 

(1) Designate an individual(s) to be 

responsible for maintaining and con-
trolling the employment history inves-
tigations for those whom the aircraft 
operator has made a certification to an 
airport operator under 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), and for 
those whom the aircraft operator has 
issued identification media that are 
airport-accepted. The aircraft operator 
must designate a direct employee to 
maintain, control, and, as appropriate, 
destroy criminal records. 

(2) Designate an individual(s) to 

maintain the employment history in-
vestigations of individuals with au-
thority to perform screening functions 
whose files must be maintained at the 
location or station where the screener 
is performing his or her duties. 

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

propriate locations to serve as the con-
tact to receive notification from indi-
viduals seeking authority to perform 
covered functions of their intent to 
seek correction of their FBI criminal 
record. 

(4) Audit the employment history in-

vestigations performed in accordance 
with this section and 14 CFR 108.33 in 
effect prior to November 14, 2001 (see 14 
CFR parts 60 to 139 revised as of Janu-
ary 1, 2001). The aircraft operator must 

set forth the audit procedures in its se-
curity program. 

[67 FR 8364, Feb. 22, 2002, as amended at 71 
FR 30511, May 26, 2006] 

§ 1544.230

Fingerprint-based criminal 

history records checks (CHRC): 
Flightcrew members. 

(a) 

Scope. This section applies to each 

flightcrew member for each aircraft op-
erator, except that this section does 
not apply to flightcrew members who 
are subject to § 1544.229. 

(b) 

CHRC required. Each aircraft oper-

ator must ensure that each flightcrew 
member has undergone a fingerprint- 
based CHRC that does not disclose that 
he or she has a disqualifying criminal 
offense, as described in § 1544.229(d), be-
fore allowing that individual to serve 
as a flightcrew member. 

(c) 

Application and fees. Each aircraft 

operator must ensure that each 
flightcrew member’s fingerprints are 
obtained and submitted as described in 
§ 1544.229 (e) and (f). 

(d) 

Determination of arrest status. (1) 

When a CHRC on an individual de-
scribed in paragraph (a) of this section 
discloses an arrest for any disquali-
fying criminal offense listed in 
§ 1544.229(d) without indicating a dis-
position, the aircraft operator must de-
termine, after investigation, that the 
arrest did not result in a disqualifying 
offense before the individual may serve 
as a flightcrew member. If there is no 
disposition, or if the disposition did not 
result in a conviction or in a finding of 
not guilty by reason of insanity of one 
of the offenses listed in § 1544.229(d), the 
flight crewmember is not disqualified 
under this section. 

(2) When a CHRC on an individual de-

scribed in paragraph (a) of this section 
discloses an arrest for any disquali-
fying criminal offense listed in 
§ 1544.229(d) without indicating a dis-
position, the aircraft operator must 
suspend the individual’s flightcrew 
member privileges not later than 45 
days after obtaining a CHRC, unless 
the aircraft operator determines, after 
investigation, that the arrest did not 
result in a disqualifying criminal of-
fense. If there is no disposition, or if 
the disposition did not result in a con-
viction or in a finding of not guilty by 
reason of insanity of one of the offenses 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.230 

listed in § 1544.229(d), the flight crew-
member is not disqualified under this 
section. 

(3) The aircraft operator may only 

make the determinations required in 
paragraphs (d)(1) and (d)(2) of this sec-
tion for individuals whom it is using, 
or will use, as a flightcrew member. 
The aircraft operator may not make 
determinations for individuals de-
scribed in § 1542.209(a) of this chapter. 

(e) 

Correction of FBI records and notifi-

cation of disqualification. (1) Before 
making a final decision to deny the in-
dividual the ability to serve as a 
flightcrew member, the aircraft oper-
ator must advise the individual that 
the FBI criminal record discloses infor-
mation that would disqualify the indi-
vidual from serving as a flightcrew 
member and provide the individual 
with a copy of the FBI record if the in-
dividual requests it. 

(2) The aircraft operator must notify 

the individual that a final decision has 
been made to allow or deny the indi-
vidual flightcrew member status. 

(3) Immediately following the denial 

of flightcrew member status, the air-
craft operator must advise the indi-
vidual that the FBI criminal record 
discloses information that disqualifies 
him or her from retaining his or her 
flightcrew member status, and provide 
the individual with a copy of the FBI 
record if he or she requests it. 

(f) 

Corrective action by the individual. 

The individual may contact the local 
jurisdiction responsible for the infor-
mation and the FBI to complete or cor-
rect the information contained in his 
or her record, subject to the following 
conditions— 

(1) Within 30 days after being advised 

that the criminal record received from 
the FBI discloses a disqualifying crimi-
nal offense, the individual must notify 
the aircraft operator in writing of his 
or her intent to correct any informa-
tion he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the 
individual, of the revised FBI record or 
a certified true copy of the information 
from the appropriate court, prior to al-
lowing the individual to serve as a 
flightcrew member. 

(2) If no notification, as described in 

paragraph (f)(1) of this section, is re-

ceived within 30 days, the aircraft oper-
ator may make a final determination 
to deny the individual flightcrew mem-
ber status. 

(g) 

Limits on the dissemination of re-

sults.  Criminal record information pro-
vided by the FBI may be used only to 
carry out this section. No person may 
disseminate the results of a CHRC to 
anyone other than— 

(1) The individual to whom the record 

pertains, or that individual’s author-
ized representative. 

(2) Others designated by TSA. 
(h) 

Recordkeeping—(1)  Fingerprint ap-

plication process. The aircraft operator 
must physically maintain, control, 
and, as appropriate, destroy the finger-
print application and the criminal 
record. Only direct aircraft operator 
employees may carry out the responsi-
bility for maintaining, controlling, and 
destroying criminal records. 

(2) 

Protection of records. The records 

required by this section must be main-
tained by the aircraft operator in a 
manner that is acceptable to TSA that 
protects the confidentiality of the indi-
vidual. 

(3) 

Duration. The records identified in 

this section with regard to an indi-
vidual must be made available upon re-
quest by TSA, and maintained by the 
aircraft operator until 180 days after 
the termination of the individual’s 
privileges to perform flightcrew mem-
ber duties with the aircraft operator. 
When files are no longer maintained, 
the aircraft operator must destroy the 
CHRC results. 

(i) 

Continuing responsibilities. (1) Each 

flightcrew member identified in para-
graph (a) of this section who has a dis-
qualifying criminal offense must report 
the offense to the aircraft operator 
within 24 hours of the conviction or the 
finding of not guilty by reason of in-
sanity. 

(2) If information becomes available 

to the aircraft operator indicating that 
a flightcrew member identified in para-
graph (a) of this section has a possible 
conviction for any disqualifying crimi-
nal offense in § 1544.229 (d), the aircraft 
operator must determine the status of 
the conviction. If a disqualifying crimi-
nal offense is confirmed, the aircraft 

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§ 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. 

(c) Each aircraft operator must sub-

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. 

(c) With respect to training con-

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. 

(c) Participate in an airport-spon-

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 

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§ 1544.305 

of the threat, any evaluation thereof, 
and any measures to be applied; and 

(3) Immediately notify the appro-

priate airport operator. 

(b) 

Flight: Inspection. Upon receipt of 

a specific and credible threat to the se-
curity of a flight, each aircraft oper-
ator must attempt to determine wheth-
er or not any explosive or incendiary is 
present by doing the following: 

(1) Conduct a security inspection on 

the ground before the next flight or, if 
the aircraft is in flight, immediately 
after its next landing. 

(2) If the aircraft is on the ground, 

immediately deplane all passengers 
and submit that aircraft to a security 
search. 

(3) If the aircraft is in flight, imme-

diately advise the pilot in command of 
all pertinent information available so 
that necessary emergency action can 
be taken. 

(c) 

Ground facility. Upon receipt of a 

specific and credible threat to a spe-
cific ground facility at the airport, the 
aircraft operator must: 

(1) Immediately notify the appro-

priate airport operator. 

(2) Inform all other aircraft operators 

and foreign air carriers at the threat-
ened facility. 

(3) Conduct a security inspection. 
(d) 

Notification.  Upon receipt of any 

bomb threat against the security of a 
flight or facility, or upon receiving in-
formation that an act or suspected act 
of air piracy has been committed, the 
aircraft operator also must notify TSA. 
If the aircraft is in airspace under 
other than U.S. jurisdiction, the air-
craft operator must also notify the ap-
propriate authorities of the State in 
whose territory the aircraft is located 
and, if the aircraft is in flight, the ap-
propriate authorities of the State in 
whose territory the aircraft is to land. 
Notification of the appropriate air traf-
fic controlling authority is sufficient 
action to meet this requirement. 

§ 1544.305

Security Directives and In-

formation Circulars. 

(a) TSA may issue an Information 

Circular to notify aircraft operators of 
security concerns. When TSA deter-
mines that additional security meas-
ures are necessary to respond to a 
threat assessment or to a specific 

threat against civil aviation, TSA 
issues a Security Directive setting 
forth mandatory measures. 

(b) Each aircraft operator required to 

have an approved aircraft operator se-
curity program must comply with each 
Security Directive issued to the air-
craft operator by TSA, within the time 
prescribed in the Security Directive for 
compliance. 

(c) Each aircraft operator that re-

ceives a Security Directive must— 

(1) Within the time prescribed in the 

Security Directive, verbally acknowl-
edge receipt of the Security Directive 
to TSA. 

(2) Within the time prescribed in the 

Security Directive, specify the method 
by which the measures in the Security 
Directive have been implemented (or 
will be implemented, if the Security 
Directive is not yet effective). 

(d) In the event that the aircraft op-

erator is unable to implement the 
measures in the Security Directive, the 
aircraft operator must submit proposed 
alternative measures and the basis for 
submitting the alternative measures to 
TSA for approval. The aircraft oper-
ator must submit the proposed alter-
native measures within the time pre-
scribed in the Security Directive. The 
aircraft operator must implement any 
alternative measures approved by TSA. 

(e) Each aircraft operator that re-

ceives a Security Directive may com-
ment on the Security Directive by sub-
mitting data, views, or arguments in 
writing to TSA. TSA may amend the 
Security Directive based on comments 
received. Submission of a comment 
does not delay the effective date of the 
Security Directive. 

(f) 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 must: 

(1) Restrict the availability of the Se-

curity Directive or Information Cir-
cular, and information contained in ei-
ther document, to those persons with 
an operational need-to-know. 

(2) Refuse to release the Security Di-

rective or Information Circular, and in-
formation contained in either docu-
ment, to persons other than those with 
an operational need-to-know without 
the prior written consent of TSA. 

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49 CFR Ch. XII (10–1–23 Edition) 

§ 1544.401 

Subpart E—Screener Qualifica-

tions When the Aircraft Oper-
ator Performs Screening 

§ 1544.401

Applicability of this sub-

part. 

This subpart applies when the air-

craft operator is conducting inspec-
tions as provided in § 1544.207. 

[74 FR 47704, Sept. 16, 2009] 

§ 1544.403

[Reserved] 

§ 1544.405

Qualifications of screening 

personnel. 

(a) No individual subject to this sub-

part may perform a screening function 
unless that individual has the quali-
fications described in §§ 1544.405 
through 1544.411. No aircraft operator 
may use such an individual to perform 
a screening function unless that person 
complies with the requirements of 
§§ 1544.405 through 1544.411. 

(b) A screener must have a satisfac-

tory or better score on a screener selec-
tion test administered by TSA. 

(c) A screener must be a citizen of 

the United States. 

(d) A screener must have a high 

school diploma, a General Equivalency 
Diploma, or a combination of edu-
cation and experience that the TSA has 
determined to be sufficient for the in-
dividual to perform the duties of the 
position. 

(e) A screener must have basic apti-

tudes and physical abilities including 
color perception, visual and aural acu-
ity, physical coordination, and motor 
skills to the following standards: 

(1) Screeners operating screening 

equipment must be able to distinguish 
on the screening equipment monitor 
the appropriate imaging standard spec-
ified in the aircraft operator’s security 
program. 

(2) Screeners operating any screening 

equipment must be able to distinguish 
each color displayed on every type of 
screening equipment and explain what 
each color signifies. 

(3) Screeners must be able to hear 

and respond to the spoken voice and to 
audible alarms generated by screening 
equipment at an active screening loca-
tion. 

(4) Screeners who perform physical 

searches or other related operations 

must be able to efficiently and thor-
oughly manipulate and handle such 
baggage, containers, cargo, and other 
objects subject to screening. 

(5) Screeners who perform pat-downs 

or hand-held metal detector searches of 
individuals must have sufficient dex-
terity and capability to thoroughly 
conduct those procedures over an indi-
vidual’s entire body. 

(f) A screener must have the ability 

to read, speak, and write English well 
enough to— 

(1) Carry out written and oral in-

structions regarding the proper per-
formance of screening duties; 

(2) Read English language identifica-

tion media, credentials, airline tickets, 
documents, air waybills, invoices, and 
labels on items normally encountered 
in the screening process; 

(3) Provide direction to and under-

stand and answer questions from 
English-speaking individuals under-
going screening; and 

(4) Write incident reports and state-

ments and log entries into security 
records in the English language. 

(g) At locations outside the United 

States where the aircraft operator has 
operational control over a screening 
function, the aircraft operator may use 
screeners who do not meet the require-
ments of paragraph (f) of this section, 
provided that at least one representa-
tive of the aircraft operator who has 
the ability to functionally read and 
speak English is present while the air-
craft operator’s passengers are under-
going security screening. At such loca-
tions the aircraft operator may use 
screeners who are not United States 
citizens. 

§ 1544.407

Training, testing, and 

knowledge of individuals who per-
form screening functions. 

(a) 

Training required. Before per-

forming screening functions, an indi-
vidual must have completed initial, re-
current, and appropriate specialized 
training as specified in this section and 
the aircraft operator’s security pro-
gram. No aircraft operator may use 
any screener, screener in charge, or 
checkpoint security supervisor unless 

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Transportation Security Administration, DHS 

§ 1544.411 

that individual has satisfactorily com-
pleted the required training. This para-
graph does not prohibit the perform-
ance of screening functions during on- 
the-job training as provided in § 1544.409 
(b). 

(b) 

Use of training programs. Training 

for screeners must be conducted under 
programs provided by TSA. Training 
programs for screeners-in-charge and 
checkpoint security supervisors must 
be conducted in accordance with the 
aircraft operator’s security program. 

(c) 

Citizenship.  A screener must be a 

citizen or national of the United 
States. 

(d) 

Screener readiness test. Before be-

ginning on-the-job training, a screener 
trainee must pass the screener readi-
ness test prescribed by TSA. 

(e) 

On-the-job training and testing. 

Each screener must complete at least 
60 hours of on-the-job training and 
must pass an on-the-job training test 
prescribed by TSA. No aircraft oper-
ator may permit a screener trainee to 
exercise independent judgment as a 
screener, until the individual passes an 
on-the-job training test prescribed by 
TSA. 

(f) 

Knowledge requirements. Each air-

craft operator must ensure that indi-
viduals performing as screeners, 
screeners-in-charge, and checkpoint se-
curity supervisors for the aircraft oper-
ator have knowledge of the provisions 
of this part, the aircraft operator’s se-
curity program, and applicable Secu-
rity Directives and Information Circu-
lars to the extent necessary to perform 
their duties. 

(g) 

Disclosure of sensitive security infor-

mation during training. The aircraft op-
erator may not permit a trainee to 
have access to sensitive security infor-
mation during screener training unless 
a criminal history records check has 
successfully been completed for that 
individual in accordance with § 1544.229, 
and the individual has no disqualifying 
criminal offense. 

[67 FR 8364, Feb. 22, 2002, as amended at 74 
FR 47704, Sept. 16, 2009] 

§ 1544.409

Integrity of screener tests. 

(a) 

Cheating or other unauthorized con-

duct.  (1) Except as authorized by the 
TSA, no person may— 

(i) Copy or intentionally remove a 

test under this part; 

(ii) Give to another or receive from 

another any part or copy of that test; 

(iii) Give help on that test to or re-

ceive help on that test from any person 
during the period that the test is being 
given; or 

(iv) Use any material or aid during 

the period that the test is being given. 

(2) No person may take any part of 

that test on behalf of another person. 

(3) No person may cause, assist, or 

participate intentionally in any act 
prohibited by this paragraph (a). 

(b) 

Administering and monitoring 

screener tests. (1) Each aircraft operator 
must notify TSA of the time and loca-
tion at which it will administer each 
screener readiness test required under 
§ 1544.405(d). 

(2) Either TSA or the aircraft oper-

ator must administer and monitor the 
screener readiness test. Where more 
than one aircraft operator or foreign 
air carrier uses a screening location, 
TSA may authorize an employee of one 
or more of the aircraft operators or for-
eign air carriers to monitor the test for 
a trainee who will screen at that loca-
tion. 

(3) If TSA or a representative of TSA 

is not available to administer and mon-
itor a screener readiness test, the air-
craft operator must provide a direct 
employee to administer and monitor 
the screener readiness test. 

(4) An aircraft operator employee 

who administers and monitors a 
screener readiness test must not be an 
instructor, screener, screener-in- 
charge, checkpoint security supervisor, 
or other screening supervisor. The em-
ployee must be familiar with the proce-
dures for administering and monitoring 
the test and must be capable of observ-
ing whether the trainee or others are 
engaging in cheating or other unau-
thorized conduct. 

§ 1544.411

Continuing qualifications of 

screening personnel. 

(a) 

Impairment.  No individual may 

perform a screening function if he or 
she shows evidence of impairment, 
such as impairment due to illegal 
drugs, sleep deprivation, medication, 
or alcohol. 

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49 CFR Ch. XII (10–1–23 Edition) 

Pt. 1546 

(b) 

Training not complete. An indi-

vidual who has not completed the 
training required by § 1544.405 may be 
deployed during the on-the-job portion 
of training to perform security func-
tions provided that the individual— 

(1) Is closely supervised; and 
(2) Does not make independent judg-

ments as to whether individuals or 
property may enter a sterile area or 
aircraft without further inspection. 

(c) 

Failure of operational test. No air-

craft operator may use an individual to 
perform a screening function after that 
individual has failed an operational 
test related to that function, until that 
individual has successfully completed 
the remedial training specified in the 
aircraft operator’s security program. 

(d) 

Annual proficiency review. Each in-

dividual assigned screening duties shall 
receive an annual evaluation. The air-
craft operator must ensure that a 
Ground Security Coordinator conducts 
and documents an annual evaluation of 
each individual who performs screening 
functions. An individual who performs 
screening functions may not continue 
to perform such functions unless the 
evaluation demonstrates that the indi-
vidual— 

(1) Continues to meet all qualifica-

tions and standards required to per-
form a screening function; 

(2) Has a satisfactory record of per-

formance and attention to duty based 
on the standards and requirements in 
the aircraft operator’s security pro-
gram; and 

(3) Demonstrates the current knowl-

edge and skills necessary to cour-
teously, vigilantly, and effectively per-
form screening functions. 

PART 1546—FOREIGN AIR CARRIER 

SECURITY 

Subpart A—General 

Sec. 
1546.1

Applicability of this part. 

1546.3

TSA inspection authority. 

Subpart B—Security Program 

1546.101

Adoption and implementation. 

1546.103

Form, content, and availability of 

security program. 

1546.105

Acceptance of and amendments to 

the security program. 

Subpart C—Operations 

1546.201

Acceptance and screening of indi-

viduals and accessible property. 

1546.202

Persons and property onboard the 

aircraft. 

1546.203

Acceptance and screening of 

checked baggage. 

1546.205

Acceptance and screening of cargo. 

1546.207

Screening of individuals and prop-

erty. 

1546.209

Use of X-ray systems. 

1546.211

Law enforcement personnel. 

1546.213

Access to cargo: Security threat as-

sessments for cargo personnel in the 
United States. 

1546.215

Known shipper program. 

Subpart D—Threat and Threat Response 

1546.301

Bomb or air piracy threats. 

Subpart E—Screener Qualifications When 

the Foreign Air Carrier Conducts Screening 

1546.401

Applicability of this subpart. 

1546.403

[Reserved] 

1546.405

Qualifications of screening per-

sonnel. 

1546.407

Training, testing, and knowledge of 

individuals who perform screening func-
tions. 

1546.409

Integrity of screener tests. 

1546.411

Continuing qualifications of screen-

ing personnel. 

A

UTHORITY

: 49 U.S.C. 114, 5103, 40113, 44901– 

44905, 44907, 44914, 44916–44917, 44935–44936, 
44942, 46105. 

S

OURCE

: 67 FR 8377, Feb. 22, 2002, unless 

otherwise noted. 

Subpart A—General 

§ 1546.1

Applicability of this part. 

This part prescribes aviation security 

rules governing the following: 

(a) The operation within the United 

States of each foreign air carrier hold-
ing a permit issued by the Department 
of Transportation under 49 U.S.C. 41302 
or other appropriate authority issued 
by the former Civil Aeronautics Board 
or the Department of Transportation. 

(b) Each law enforcement officer fly-

ing armed aboard an aircraft operated 
by a foreign air carrier described in 
paragraph (a) of this section. 

§ 1546.3

TSA inspection authority. 

(a) Each foreign air carrier must 

allow TSA, at any time or place, to 

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