1、314 SUBCHAPTER CCIVIL AVIATION SECURITY PART 1540CIVIL AVIATION SECURITY: GENERAL RULES Subpart AGeneral Sec. 1540.1 Applicability of this subchapter and this part. 1540.3 Delegation of authority. 1540.5 Terms used in this subchapter. Subpart BResponsibilities of Passengers and Other Individuals and
2、 Persons 1540.101 Applicability of this subpart. 1540.103 Fraud and intentional falsification of records. 1540.105 Security responsibilities of employ-ees and other persons. 1540.107 Submission to screening and inspec-tion. 1540.109 Prohibition against interference with screening personnel. 1540.111
3、 Carriage of weapons, explosives, and incendiaries by individuals. 1540.113 Inspection of airman certificate. 1540.115 Threat assessments regarding citi-zens of the United States holding or ap-plying for FAA certificates, ratings, or authorizations. 1540.117 Threat assessments regarding aliens holdi
4、ng or applying for FAA cer-tificates, ratings, or authorizations. Subpart CSecurity Threat Assessments 1540.201 Applicability and terms used in this subpart. 1540.203 Security threat assessment. 1540.205 Procedures for security threat as-sessment. 1540.207 Reserved 1540.209 Fees for security threat
5、assess-ment. Subpart DResponsibilities of Holders of TSAApproved Security Programs 1540.301 Withdrawal of approval of a secu-rity program. 1540.303 Reserved AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44907, 4491344914, 4491644918, 4493544936, 44942, 46105. SOURCE: 67 FR 8353, Feb. 22, 2002, unless
6、 otherwise noted. Subpart AGeneral 1540.1 Applicability of this sub-chapter and this part. This subchapter and this part apply to persons engaged in aviation-related activities. 1540.3 Delegation of authority. (a) Where the Administrator is named in this subchapter as exercising authority over a fun
7、ction, the author-ity is exercised by the Administrator or the Deputy Administrator, or any individual formally designated to act as the Administrator or the Deputy Administrator. (b) Where TSA or the designated offi-cial is named in this subchapter as ex-ercising authority over a function, the auth
8、ority is exercised by the official designated by the Administrator to perform that function. 1540.5 Terms used in this sub-chapter. In addition to the terms in part 1500 of this chapter, the following terms are used in this subchapter: Air operations area (AOA) means a portion of an airport, specifi
9、ed in the airport security program, in which se-curity measures specified in this part are carried out. This area includes air-craft movement areas, aircraft parking areas, loading ramps, and safety areas, for use by aircraft regulated under 49 CFR part 1544 or 1546, and any adjacent areas (such as
10、general aviation areas) that are not separated by adequate se-curity systems, measures, or proce-dures. This area does not include the secured area. Aircraft operator means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owne
11、r, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of an airport. In specific parts or sec-tions of this subchapter, aircraft oper-ator is used to refer to specific types of operators as described in those parts or sections.
12、VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-315 Transportation Security Administration, DHS 1540.5 Airport
13、operator means a person that operates an airport serving an aircraft operator or a foreign air carrier re-quired to have a security program under part 1544 or 1546 of this chapter. Airport security program means a secu-rity program approved by TSA under 1542.101 of this chapter. Airport tenant means
14、 any person, other than an aircraft operator or for-eign air carrier that has a security pro-gram under part 1544 or 1546 of this chapter, that has an agreement with the airport operator to conduct busi-ness on airport property. Airport tenant security program means the agreement between the airport
15、 op-erator and an airport tenant that specifies the measures by which the tenant will perform security functions, and approved by TSA, under 1542.113 of this chapter. Approved, unless used with reference to another person, means approved by TSA. Cargo means property tendered for air transportation a
16、ccounted for on an air waybill. All accompanied commer-cial courier consignments, whether or not accounted for on an air waybill, are also classified as cargo. Aircraft oper-ator security programs further define the term cargo. Certified cargo screening facility (CCSF) means a facility certified by
17、TSA to screen air cargo in accordance with part 1549. As used in this subchapter, certified cargo screening facility re-fers to the legal entity that operates a CCSF at a particular location. Certified cargo screening program (CCSP) means the program under which facilities are authorized to screen c
18、argo to be offered for transport on cer-tain passenger aircraft in accordance with 49 CFR part 1549. Checked baggage means property ten-dered by or on behalf of a passenger and accepted by an aircraft operator for transport, which is inaccessible to passengers during flight. Accompanied commercial c
19、ourier consignments are not classified as checked baggage. Escort means to accompany or mon-itor the activities of an individual who does not have unescorted access au-thority into or within a secured area or SIDA. Exclusive area means any portion of a secured area, AOA, or SIDA, including individua
20、l access points, for which an aircraft operator or foreign air carrier that has a security program under part 1544 or 1546 of this chapter has assumed responsibility under 1542.111 of this chapter. Exclusive area agreement means an agreement between the airport oper-ator and an aircraft operator or
21、a for-eign air carrier that has a security pro-gram under parts 1544 or 1546 of this chapter that permits such an aircraft operator or foreign air carrier to as-sume responsibility for specified secu-rity measures in accordance with 1542.111 of this chapter. FAA means the Federal Aviation Ad-ministr
22、ation. Flightcrew member means a pilot, flight engineer, or flight navigator as-signed to duty in an aircraft during flight time. Indirect air carrier (IAC) means any person or entity within the United States not in possession of an FAA air carrier operating certificate, that un-dertakes to engage i
23、ndirectly in air transportation of property, and uses for all or any part of such transpor-tation the services of an air carrier. This does not include the United States Postal Service (USPS) or its represent-ative while acting on the behalf of the USPS. Loaded firearm means a firearm that has a liv
24、e round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. Passenger seating configuration means the total maximum number of seats for which the aircraft is type certificated that can be made available for pas-senger use aboard a flight, reg
25、ardless of the number of seats actually installed, and includes that seat in certain air-craft that may be used by a representa-tive of the FAA to conduct flight checks but is available for revenue pur-poses on other occasions. Private charter means any aircraft op-erator flight (1) For which the ch
26、arterer engages the total passenger capacity of the air-craft for the carriage of passengers; the passengers are invited by the charterer; the cost of the flight is VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with
27、 CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-316 49 CFR Ch. XII (10110 Edition) 1540.101 borne entirely by the charterer and not directly or indirectly by any individual passenger; and the flight is not adver-tised to the public, in any way, t
28、o so-licit passengers. (2) For which the total passenger ca-pacity of the aircraft is used for the purpose of civilian or military air movement conducted under contract with the Government of the United States or the government of a foreign country. Public charter means any charter flight that is no
29、t a private charter. Scheduled passenger operation means an air transportation operation (a flight) from identified air terminals at a set time, which is held out to the public and announced by timetable or schedule, published in a newspaper, magazine, or other advertising me-dium. Screening functio
30、n means the inspec-tion of individuals and property for weapons, explosives, and incendiaries. Screening location means each site at which individuals or property are in-spected for the presence of weapons, ex-plosives, or incendiaries. Secured area means a portion of an airport, specified in the ai
31、rport secu-rity program, in which certain security measures specified in part 1542 of this chapter are carried out. This area is where aircraft operators and foreign air carriers that have a security pro-gram under part 1544 or 1546 of this chapter enplane and deplane passengers and sort and load ba
32、ggage and any ad-jacent areas that are not separated by adequate security measures. Security Identification Display Area (SIDA) means a portion of an airport, specified in the airport security pro-gram, in which security measures spec-ified in this part are carried out. This area includes the secure
33、d area and may include other areas of the airport. Standard security program means a se-curity program issued by TSA that serves as a baseline for a particular type of operator. If TSA has issued a standard security program for a par-ticular type of operator, unless other-wise authorized by TSA, eac
34、h opera-tors security program consists of the standard security program together with any amendments and alternative procedures approved or accepted by TSA. Sterile area means a portion of an air-port defined in the airport security program that provides passengers ac-cess to boarding aircraft and t
35、o which the access generally is controlled by TSA, or by an aircraft operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter, through the screening of persons and property. Unescorted access authority means the authority granted by an airport oper-ator, an a
36、ircraft operator, foreign air carrier, or airport tenant under part 1542, 1544, or 1546 of this chapter, to in-dividuals to gain entry to, and be present without an escort in, secured areas and SIDAs of airports. Unescorted access to cargo means the authority granted by an aircraft oper-ator or IAC
37、to individuals to have ac-cess to air cargo without an escort. 67 FR 8353, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; 71 FR 30507, May 26, 2006; 74 FR 47700, Sept. 16, 2009 Subpart BResponsibilities of Pas-sengers and Other Individuals and Persons 1540.101 Applicability of this sub-part
38、. This subpart applies to individuals and other persons. 1540.103 Fraud and intentional fal-sification of records. No person may make, or cause to be made, any of the following: (a) Any fraudulent or intentionally false statement in any application for any security program, access medium, or identif
39、ication medium, or any amendment thereto, under this sub-chapter. (b) Any fraudulent or intentionally false entry in any record or report that is kept, made, or used to show compli-ance with this subchapter, or exercise any privileges under this subchapter. (c) Any reproduction or alteration, for fr
40、audulent purpose, of any report, record, security program, access me-dium, or identification medium issued under this subchapter. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo
41、 reproduction or networking permitted without license from IHS-,-,-317 Transportation Security Administration, DHS 1540.111 1540.105 Security responsibilities of employees and other persons. (a) No person may: (1) Tamper or interfere with, com-promise, modify, attempt to cir-cumvent, or cause a pers
42、on to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure imple-mented under this subchapter. (2) Enter, or be present within, a se-cured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being ap
43、plied to control access to, or presence or movement in, such areas. (3) Use, allow to be used, or cause to be used, any airport-issued or airport- approved access medium or identifica-tion medium that authorizes the ac-cess, presence, or movement of persons or vehicles in secured areas, AOAs, or SID
44、As in any other manner than that for which it was issued by the appro-priate authority under this subchapter. (b) The provisions of paragraph (a) of this section do not apply to conducting inspections or tests to determine com-pliance with this part or 49 U.S.C. Sub-title VII authorized by: (1) TSA,
45、 or (2) The airport operator, aircraft op-erator, or foreign air carrier, when act-ing in accordance with the procedures described in a security program ap-proved by TSA. 1540.107 Submission to screening and inspection. (a) No individual may enter a sterile area or board an aircraft without sub-mitt
46、ing to the screening and inspection of his or her person and accessible property in accordance with the proce-dures being applied to control access to that area or aircraft under this sub-chapter. (b) An individual must provide his or her full name, as defined in 1560.3 of this chapter, date of birt
47、h, and gender when (1) The individual, or a person on the individuals behalf, makes a reserva-tion for a covered flight, as defined in 1560.3 of this chapter, or (2) The individual makes a request for authorization to enter a sterile area. (c) An individual may not enter a sterile area or board an a
48、ircraft if the individual does not present a verifying identity document as defined in 1560.3 of this chapter, when requested for pur-poses of watch list matching under 1560.105(c), unless otherwise author-ized by TSA on a case-by-case basis. 73 FR 64061, Oct. 28, 2008 1540.109 Prohibition against i
49、nter-ference with screening personnel. No person may interfere with, as-sault, threaten, or intimidate screen-ing personnel in the performance of their screening duties under this sub-chapter. 1540.111 Carriage of weapons, explo-sives, and incendiaries by individ-uals. (a) On an individuals person or acces-sible propertyprohibitions. Except as provided in paragraph (b) of this sec-tion, an individual may not have a weapon, expl
