DOT 49 CFR PART 1546-2010 FOREIGN AIR CARRIER SECURITY.pdf

1、370 49 CFR Ch. XII (10110 Edition) Pt. 1546 PART 1546FOREIGN AIR CARRIER SECURITY Subpart AGeneral Sec. 1546.1 Applicability of this part. 1546.3 TSA inspection authority. Subpart BSecurity Program 1546.101 Adoption and implementation. 1546.103 Form, content, and availability of security program. 15

2、46.105 Acceptance of and amendments to the security program. Subpart COperations 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 c

3、argo. 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 DThreat and Threat Response 1546.301 Bomb

4、 or air piracy threats. Subpart EScreener 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-tion

5、s. 1546.409 Integrity of screener tests. 1546.411 Continuing qualifications of screen-ing personnel. AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44905, 44907, 44914, 4491644917, 4493544936, 44942, 46105. SOURCE: 67 FR 8377, Feb. 22, 2002, unless otherwise noted. Subpart AGeneral 1546.1 Applicabilit

6、y 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 Ae

7、ronautics 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

8、make any inspections or tests, includ-ing copying records, to determine com-pliance of an airport operator, aircraft operator, 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; a

9、nd (2) 49 U.S.C. Subtitle VII, as amend-ed. (b) At the request of TSA, each for-eign air carrier must provide evidence of compliance with this subchapter and its security program, including copies of records. (c) TSA may enter and be present within secured areas, AOAs, SIDAs, and other areas where s

10、ecurity 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. 67 FR 8377, Feb. 22, 2002, as amended at 71 FR 305

11、11, May 26, 2006 Subpart BSecurity Program 1546.101 Adoption and implementa-tion. Each foreign air carrier landing or taking off in the United States must adopt and carry out, for each scheduled and public charter passenger operation or all-cargo operation, a security pro-gram that meets the require

12、ments of (a) Section 1546.103(b) and subparts C, D, and E of this part for each operation with an aircraft having a passenger seating configuration of 61 or more seats; VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD

13、with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-371 Transportation Security Administration, DHS 1546.105 (b) Section 1546.103(b) for each oper-ation that will provide deplaned pas-sengers access to a sterile area, or en-plane passengers from

14、a sterile area, when that access is not controlled by an aircraft operator using a security program under part 1544 of this chapter or a foreign air carrier using a security program under this part; (c) Section 1546.103(b) for each oper-ation with an airplane having a pas-senger seating configuratio

15、n of 31 or more seats but 60 or fewer seats for which TSA has notified the foreign air carrier in writing that a threat exists; and (d) Section 1546.103(c) for each oper-ation with an airplane having a pas-senger seating configuration of 31 or more seats but 60 or fewer seats, when TSA has not notif

16、ied the foreign air carrier in writing that a threat exists with respect to that operation. (e) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (c), (d), (e), and (f), 1546.207, 1546.211, 1546.213, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificat

17、ed take-off weight more than 45,500 kg (100,309.3 lbs.); and (f) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (d), and (f), 1546.211, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificated take-off weight more than 12,500 pounds but not more than

18、45,500 kg (100,309.3 lbs.). 67 FR 8377, Feb. 22, 2002, as amended at 71 FR 30511, May 26, 2006 1546.103 Form, content, and avail-ability of security program. (a) General requirements. The security program must be: (1) Acceptable to TSA. A foreign air carriers security program is accept-able only if

19、TSA finds that the security program provides a level of protection similar to the level of protection pro-vided by U.S. aircraft operators serving the same airports. Foreign air carriers must employ procedures equivalent to those required of U.S. aircraft opera-tors serving the same airport, if TSA

20、determines that such procedures are necessary to provide a similar level of protection. (2) In English unless TSA requests that the program be submitted in the official language of the foreign air car-riers country. (b) Content of security program. Each security program required by 1546.101(a), (b),

21、 (c), (e), or (f) must be designed to (1) Prevent or deter the carriage aboard airplanes of any unauthorized explosive, incendiary, or weapon on or about each individuals person or ac-cessible property, except as provided in 1546.201(d), through screening by weapon-detecting procedures or facili-tie

22、s; (2) Prohibit unauthorized access to airplanes; (3) Ensure that checked baggage is accepted by a responsible agent of the foreign air carrier; and (4) Prevent cargo and checked bag-gage from being loaded aboard its air-planes unless handled in accordance with the foreign air carriers security proc

23、edures. (c) Law enforcement support. Each se-curity program required by 1546.101(d) must include the procedures used to comply with the applicable require-ments of 1546.209 regarding law en-forcement officers. (d) Availability. Each foreign air car-rier required to adopt and use a secu-rity program

24、under this part must (1) Restrict the distribution, disclo-sure, and availability of sensitive secu-rity information, as defined in part 1520 of this chapter, to persons with a need to know; and (2) Refer requests for sensitive secu-rity information by other persons to TSA. 67 FR 8377, Feb. 22, 2002

25、, as amended at 71 FR 30512, May 26, 2006 1546.105 Acceptance of and amend-ments to the security program. (a) Initial acceptance of security pro-gram. Unless otherwise authorized by TSA, each foreign air carrier required to have a security program by this part must submit its proposed program to TSA

26、 at least 90 days before the in-tended date of passenger operations. TSA will notify the foreign air carrier of the security programs accept-ability, or the need to modify the pro-posed security program for it to be ac-ceptable under this part, within 30 days after receiving the proposed security Ve

27、rDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-372 49 CFR Ch. XII (10110 Edition) 1546.201 program. The foreign

28、air carrier may petition TSA to reconsider the notice to modify the security program within 30 days after receiving a notice to mod-ify. (b) Amendment requested by a foreign air carrier. A foreign air carrier may submit a request to TSA to amend its accepted security program as follows: (1) The prop

29、osed amendment must be filed with the designated official at least 45 calendar 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 calendar days after re-ceiving a proposed amendment, the designated off

30、icial, in writing, either approves or denies the request to amend. (3) An amendment to a foreign air carrier 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 require

31、d under this part. (4) Within 45 calendar days after re-ceiving a denial, the foreign air carrier may petition the Administrator to re-consider the denial. A petition for re-consideration must be filed with the designated official. (5) Upon receipt of a petition for re-consideration, the designated

32、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 calendar days of receipt by either directing the designated official to approve the amendme

33、nt, or affirm-ing the denial. (6) Any foreign air carrier may sub-mit 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 the safety and the public interest require an amendment, the designated official may amen

34、d an accepted security pro-gram as follows: (1) The designated official notifies the foreign air carrier, in writing, of the proposed amendment, fixing a pe-riod of not less than 45 calendar days within which the foreign air carrier may submit written information, views, and arguments on the amend-m

35、ent. (2) After considering all relevant ma-terial, the designated official notifies the foreign air carrier of any amend-ment adopted or rescinds the notice. If the amendment is adopted, it becomes effective not less than 30 calendar days after the foreign air carrier receives the notice of amendmen

36、t, unless the foreign air carrier petitions the Admin-istrator to reconsider no later than 15 calendar days before the effective date of the amendment. The foreign air car-rier must send the petition for recon-sideration to the designated official. A timely petition for reconsideration stays the eff

37、ective date of the amend-ment. (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 w

38、ithin 30 calendar 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 des-ignated official finds that there is an emergency requiring immediate action with respect to safety in air transpor-ta

39、tion 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 foreign air carrier receives notic

40、e 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 foreign air carrier may file a petition for reconsideration under paragraph (c) of this section; however, this does not stay the effectiv

41、eness of the emergency amendment. Subpart COperations 1546.201 Acceptance and screening of individuals and accessible property. (a) Preventing or deterring the carriage of any explosive, incendiary, or weapon. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:SGML

42、220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-373 Transportation Security Administration, DHS 1546.205 Unless otherwise authorized by TSA, each foreign air carrier must use the measures in its securi

43、ty program to prevent or deter the carriage of any ex-plosive, incendiary, or weapon on or about each individuals person or ac-cessible property before boarding an aircraft or entering a sterile area. (b) Screening of individuals and acces-sible property. Except as provided in its security program,

44、each foreign air car-rier 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 individuals control, are in-spected for weapons, explosives, and in-cendiaries as provided in 1546.207. (c) Re

45、fusal to transport. Each foreign air carrier conducting an operation for which a security program is required by 1546.101(a), (b), or (c) 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

46、 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) Explosive, incendiary, weapon: Pro-hibitions and exceptions. No individual may, while on board an aircraft being op

47、erated by a foreign air carrier in the United States, carry on or about his person a deadly or dangerous weapon, either concealed or unconcealed. This paragraph (d) does not apply to (1) Officials or employees of the state of registry of the aircraft who are au-thorized by that state to carry arms;

48、and (2) Crewmembers and other individ-uals authorized by the foreign air car-rier to carry arms. 1546.202 Persons and property on-board the aircraft. Each foreign air carrier operating under 1546.101(e) or (f) must apply the security measures in its security pro-gram for persons who board the air-cr

49、aft for transportation, and for their property, to prevent or deter the car-riage of any unauthorized persons, and any unauthorized weapons, explosives, incendiaries, and other destructive de-vices, items, or substances. 71 FR 30512, May, 26, 2006 1546.203 Acceptance and screening of checked baggage. (a) Preventing or deterring the carriage of any explosive or incendiary. Each for-eign air carrier must use the proce-dures, facilities,