DOT 49 CFR PART 1544-2010 AIRCRAFT OPERATOR SECURITY AIR CARRIERS AND COMMERCIAL OPERATORS.pdf

1、343 Transportation Security Administration, DHS Pt. 1544 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

2、 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 t

3、hreats, 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 accordanc

4、e 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 f

5、acilities. (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

6、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 1544AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCI

7、AL OPERATORS Subpart AGeneral Sec. 1544.1 Applicability of this part. 1544.3 TSA inspection authority. Subpart BSecurity Program 1544.101 Adoption and implementation. 1544.103 Form, content, and availability. 1544.105 Approval and amendments. Subpart COperations 1544.201 Acceptance and screening of

8、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

9、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

10、-shals. 1544.225 Security of aircraft and facilities. 1544.227 Exclusive area agreement. 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 authorit

11、y, 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 coordina

12、tors 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 DThreat and Threat Response 1544.301 Contingency plan. 1544.303 Bomb or air piracy threats. 1544.305 Security Direc

13、tives and Informa-tion Circulars. Subpart EScreener 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 f

14、unc-tions. 1544.409 Integrity of screener tests. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-344 49 CFR Ch.

15、 XII (10110 Edition) 1544.1 1544.411 Continuing qualifications of screen-ing personnel. AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44905, 44907, 4491344914, 4491644918, 44932, 4493544936, 44942, 46105. SOURCE: 67 FR 8364, Feb. 22, 2002, unless otherwise noted. Subpart AGeneral 1544.1 Applicability

16、 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

17、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 enforcem

18、ent 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 Cir

19、cular 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 pl

20、ace, 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 ch

21、apter; 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

22、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 S

23、IDA 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 aircraft operator under an exclusive area agreement. 67 FR

24、8364, Feb. 22, 2002, as amended at 71 FR 30510, May 26, 2006 Subpart BSecurity 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

25、.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 config

26、uration of 60 or fewer seats when passengers are enplaned from or deplaned into a sterile area. (b) Partial programadoption. 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 cha

27、rter 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 VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 0

28、0000 Frm 00354 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-345 Transportation Security Administration, DHS 1544.101 aircraft having a passenger-seating configuration of 60

29、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 car

30、ry 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 requ

31、est. (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 o

32、peration 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 und

33、er 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):

34、(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

35、-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

36、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 charte

37、r 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 45,500 kg (100,309.3 pounds), or a pas-senger-seating configuration of 61 or more, and is not a government charter under p

38、aragraph (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

39、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

40、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 programadoption: Each aircraft operator must carry out the requirements of paragraph (i) of this section for each operation that

41、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 programcontents: For each operation described in para-graph (h) of this section, the aircraft operator must

42、carry out the following, VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-346 49 CFR Ch. XII (10110 Edition) 154

43、4.103 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, 1544.2

44、37, 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,

45、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

46、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

47、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 air

48、port 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-sc

49、ribed 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, includi