49 C.F.R. Subpart B—Security Program
Title 49 - Transportation
Link to an amendment published at 71 FR 30510, May 26, 2006. (a) Full program. Each aircraft operator 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 engaged in operations to, from, or outside the United States that does not enplane from or deplane into a sterile area. (c) Partial program-content: For operations 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 approved 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 in an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more; (2) Is in scheduled or charter service; (3) Is carrying passengers or cargo or both; and (4) Is not under a full program or partial program under paragraph (a) or (b) 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. (2) Other provisions of subparts C, D, and E that TSA has approved 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. (f) Private charter program. In addition to paragraph (d) of this section, if applicable, 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 subpart E of this part and— (1) Must adopt and carry out a security program that meets the applicable requirements of §1544.103 for each private charter passenger operation in which— (i) The passengers are enplaned from or deplaned into a sterile area; or (ii) The aircraft has a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or a passenger-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 chapter. (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 applicable, TSA may approve a security program 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 requirements of §1544.103 (c). [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] (a) General requirements. Each security program must: (1) Provide for the safety of persons and property traveling on flights provided by the aircraft operator against acts of criminal violence and air piracy, and the introduction of explosives, incendiaries, or weapons aboard an aircraft. (2) Be in writing and signed by the aircraft operator or any person delegated authority in this matter. (3) Be approved by TSA. (b) Availability. Each aircraft operator having a security program must: (1) Maintain an original copy of the security program at its corporate office. (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 program available for inspection upon request of TSA. (4) Restrict the distribution, disclosure, and availability of information contained in the security program to persons with a need-to-know as described in part 1520 of this chapter. (5) Refer requests for such information by other persons to TSA. (c) Content. The security program must include, as specified for that aircraft operator in §1544.101, the following: (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 accessible property, including, if applicable, 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 §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 individuals 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 detection 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 systems. (7) The procedures and description of the facilities and equipment used to comply with the requirements of §1544.213 regarding the use of explosives detection systems. (8) The procedures used to comply with the requirements of §1544.215 regarding the responsibilities of security coordinators. The names of the Aircraft 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 regarding the requirements for law enforcement personnel. (10) The procedures used to comply with the requirements of §1544.219 regarding carriage of accessible weapons. (11) The procedures used to comply with the requirements of §1544.221 regarding carriage of prisoners under the control of armed law enforcement officers. (12) The procedures used to comply with the requirements of §1544.223 regarding transportation of Federal Air Marshals. (13) The procedures and description of the facilities and equipment used to perform the aircraft and facilities control function specified in §1544.225. (14) The specific locations where the air carrier has entered into an exclusive area agreement under §1544.227. (15) The procedures used to comply with the applicable requirements of §§1544.229 and 1544.230 regarding fingerprint-based criminal history records checks. (16) The procedures used to comply with the requirements of §1544.231 regarding personnel identification systems. (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 regarding bomb and air piracy threats. (21) The procedures used to comply with §1544.237 regarding flight deck privileges. [67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002] (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 program to the designated official for approval at least 90 days before the intended date of passenger operations. The proposed security program must meet the requirements applicable to its operation as described in §1544.101. Such requests will be processed as follows: (1) The designated official, within 30 days after receiving the proposed aircraft 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 reconsider the notice to modify within 30 days of receiving a notice to modify. A petition for reconsideration must be filed with the designated official. (3) The designated official, upon receipt 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 directing the designated official to withdraw or amend the notice to modify, or by affirming the notice to modify. (b) Amendment requested by an aircraft operator. An aircraft operator may submit a request to TSA to amend its security program as follows: (1) The request for an amendment must be filed with the designated official at least 45 days before the date it proposes for the amendment to become effective, unless a shorter period is allowed 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 operator security program may be approved if the designated official determines that safety and the public interest will allow it, and the proposed amendment provides the level of security required under this part. (4) Within 30 days after receiving a denial, the aircraft operator may petition the Administrator to reconsider the denial. A petition for reconsideration must be filed with the designated official. (5) Upon receipt of a petition for reconsideration, 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 directing the designated official to approve 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 aircraft operators that co-sign the proposal. (c) Amendment by TSA. If safety and the public interest require an amendment, TSA may amend a security program 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 material, the designated official notifies the aircraft operator of any amendment 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 operator petitions the Administrator to reconsider no later than 15 days before the effective date of the amendment. The aircraft operator must send the petition for reconsideration to the designated official. A timely petition for reconsideration stays the effective date of the amendment. (3) Upon receipt of a petition for reconsideration, 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 directing the designated official to withdraw or amend the amendment, or by affirming the amendment. (d) Emergency amendments. If the designated official finds that there is an emergency requiring immediate action with respect to safety in air transportation or in air commerce that makes procedures in this section contrary to the public interest, the designated official may issue an amendment, without the prior notice and comment procedures 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 emergency amendment.
Title 49: Transportation
PART 1544—AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart B—Security Program
§ 1544.101 Adoption and implementation.
§ 1544.103 Form, content, and availability.
§ 1544.105 Approval and amendments.
