326 PART 1542—AIRPORT SECURITY Subpart A—General

§ 1540.303 49 CFR Ch. XII (10–1–10 Edition)

§ 1540.303 [Reserved] (b) The operation of airport regularly serving foreign air carrier operations PART 1542—AIRPORT SECURITY required to be under a security program under part 1546 of this chapter, as Subpart A—General described in this part. (c) Each airport operator that re- Sec. ceives a Security Directive or Informa- 1542.1 Applicability of this part. tion Circular and each person who re- 1542.3 Airport security coordinator. ceives information from a Security Di- 1542.5 Inspection authority. rective or Information Circular issued Subpart B—Airport Security Program by the Designated official for Civil Aviation Security. 1542.101 General requirements. (d) Each airport operator that does 1542.103 Content. not have a security program under this 1542.105 Approval and amendments. part that serves an aircraft operator 1542.103 Changed conditions affecting secu- operating under a security program rity. 1542.109 Alternate means of compliance. under part 1544 of this chapter, or a for- 1542.111 Exclusive area agreements. eign air carrier operating under a secu- 1542.113 Airport tenant security programs. rity program under part 1546 of this chapter. Such airport operators must Subpart C—Operations comply with § 1542.5(e). 1542.201 Security of the secured area. [67 FR 8355, Feb. 22, 2002, as amended at 71 1542.203 Security of the air operations area FR 30509, May 26, 2006] (AOA). 1542.205 Security of the security identifica- § 1542.3 Airport security coordinator. tion display area (SIDA). (a) Each airport operator must des- 1542.207 Access control systems. 1542.209 Fingerprint-based criminal history ignate one or more Airport Security records checks (CHRC). Coordinator(s) (ASC) in its security 1542.211 Identification systems. program. 1542.213 Training. (b) The airport operator must ensure 1542.215 Law enforcement support. that one or more ASCs: 1542.217 Law enforcement personnel. (1) Serve as the airport operator’s 1542.219 Supplementing law enforcement primary and immediate contact for se- personnel. curity-related activities and commu- 1542.221 Records of law enforcement response. nications with TSA. Any individual designated as an ASC may perform Subpart D—Contingency Measures other duties in addition to those described in this paragraph (b). 1542.301 Contingency plan. (2) Is available to TSA on a 24-hour 1542.303 Security Directives and Informa- basis. tion Circulars. 1542.305 Public advisories. (3) Review with sufficient frequency 1542.307 Incident management. all security-related functions to ensure that all are effective and in compliance AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901– with this part, its security program, 44905, 44907, 44913–44914, 44916–44917, 44935– 44936, 44942, 46105. and applicable Security Directives. (4) Immediately initiate corrective SOURCE: 67 FR 8355, Feb. 22, 2002, unless action for any instance of non-compli- otherwise noted. ance with this part, its security program, and applicable Security Direc- Subpart A—General tives. (5) Review and control the results of § 1542.1 Applicability of this part. employment history, verification, and This part describes aviation security criminal history records checks re- rules governing: quired under § 1542.209. (a) The operation of airports regu- (6) Serve as the contact to receive no- larly serving aircraft operations re- tification from individuals applying for quired to be under a security program unescorted access of their intent to under part 1544 of this chapter, as de- seek correction of their criminal his- scribed in this part. tory record with the FBI.

326

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.103

(c) After July 17, 2003, no airport op- access media or identification media erator may use, nor may it designate issued or approved by an airport oper- any person as, an ASC unless that indi- ator or aircraft operator, to inspect an vidual has completed subject matter aircraft operator operating under a se- training, as specified in its security curity program under part 1544 of this program, to prepare the individual to chapter, or a foreign air carrier oper- assume the duties of the position. The ating under a security program under airport operator must maintain ASC part 1546 of this chapter. training documentation until at least [67 FR 8355, Feb. 22, 2002, as amended at 71 180 days after the withdrawal of an in- FR 30509, May 26, 2006] dividual’s designation as an ASC. (d) An individual’s satisfactory completion of initial ASC training required Subpart B—Airport Security under paragraph (c) of this section sat- Program isfies that requirement for all future ASC designations for that individual, § 1542.101 General requirements. except for site specific information, un- (a) No person may operate an airport less there has been a two or more year subject to § 1542.103 unless it adopts and break in service as an active and des- carries out a security program that— ignated ASC. (1) Provides for the safety and security of persons and property on an air- § 1542.5 Inspection authority. craft operating in air transportation or (a) Each airport operator must allow intrastate air transportation against TSA, at any time or place, to make an act of criminal violence, aircraft pi- any inspections or tests, including racy, and the introduction of an unau- copying records, to determine compli- thorized weapon, explosive, or incen- ance of an airport operator, aircraft op- diary onto an aircraft; erator, foreign air carrier, indirect air (2) Is in writing and is signed by the carrier, or other airport tenants with— airport operator; (1) This subchapter and any security (3) Includes the applicable items list- program under this subchapter, and ed in § 1542.103; part 1520 of this chapter; and (4) Includes an index organized in the (2) 49 U.S.C. Subtitle VII, as amend- same subject area sequence as ed. § 1542.103; and (b) At the request of TSA, each air- (5) Has been approved by TSA. port operator must provide evidence of (b) Each airport operator subject to compliance with this part and its air- § 1542.103 must maintain one current port security program, including copies and complete copy of its security pro- of records. gram and provide a copy to TSA upon (c) TSA may enter and be present request. within secured areas, AOA’s, and (c) Each airport operator subject to SIDA’s without access media or identi- § 1542.103 must— fication media issued or approved by an (1) Restrict the distribution, disclo- airport operator or aircraft operator, sure, and availability of sensitive secu- in order to inspect or test compliance, rity information (SSI), as defined in or perform other such duties as TSA part 1520 of this chapter, to persons may direct. with a need to know; and (d) At the request of TSA and upon (2) Refer all requests for SSI by other the completion of SIDA training as re- persons to TSA. quired in a security program, each airport operator promptly must issue to [67 FR 8355, Feb. 22, 2002, as amended at 71 TSA personnel access and identifica- FR 30509, May 26, 2006] tion media to provide TSA personnel with unescorted access to, and move- § 1542.103 Content. ment within, secured areas, AOA’s, and (a) Complete program. Except as other- SIDA’s. wise approved by TSA, each airport op- (e) TSA may enter and be present at erator regularly serving operations of an airport that does not have a secu- an aircraft operator or foreign air car- rity program under this part, without rier described in § 1544.101(a)(1) or

327

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.103 49 CFR Ch. XII (10–1–10 Edition)

§ 1546.101(a) of this chapter, must in- (9) Escort procedures in accordance clude in its security program the fol- with § 1542.211(e). lowing: (10) Challenge procedures in accord- (1) The name, means of contact, du- ance with § 1542.211(d). ties, and training requirements of the (11) Training programs required ASC required under § 1542.3. under §§ 1542.213 and 1542.217(c)(2), if ap- (2) [Reserved] plicable. (3) A description of the secured areas, (12) A description of law enforcement including— support used to comply with (i) A description and map detailing § 1542.215(a). boundaries and pertinent features; (13) A system for maintaining the (ii) Each activity or entity on, or ad- records described in § 1542.221. jacent to, a secured area that affects (14) The procedures and a description security; of facilities and equipment used to sup- (iii) Measures used to perform the ac- port TSA inspection of individuals and cess control functions required under property, and aircraft operator or for- § 1542.201(b)(1); eign air carrier screening functions of (iv) Procedures to control movement parts 1544 and 1546 of this chapter. within the secured area, including (15) A contingency plan required identification media required under under § 1542.301. § 1542.201(b)(3); and (16) Procedures for the distribution, (v) A description of the notification storage, and disposal of security pro- signs required under § 1542.201(b)(6). grams, Security Directives, Informa- (4) A description of the AOA, includ- tion Circulars, implementing instruc- ing— tions, and, as appropriate, classified in- (i) A description and map detailing formation. boundaries, and pertinent features; (17) Procedures for posting of public (ii) Each activity or entity on, or ad- advisories as specified in § 1542.305. jacent to, an AOA that affects security; (iii) Measures used to perform the ac- (18) Incident management procedures cess control functions required under used to comply with § 1542.307. § 1542.203(b)(1); (19) Alternate security procedures, if (iv) Measures to control movement any, that the airport operator intends within the AOA, including identifica- to use in the event of natural disasters, tion media as appropriate; and and other emergency or unusual condi- (v) A description of the notification tions. signs required under § 1542.203(b)(4). (20) Each exclusive area agreement as (5) A description of the SIDA’s, in- specified in § 1542.111. cluding— (21) Each airport tenant security pro- (i) A description and map detailing gram as specified in § 1542.113. boundaries and pertinent features; and (b) Supporting program. Except as oth- (ii) Each activity or entity on, or ad- erwise approved by TSA, each airport jacent to, a SIDA. regularly serving operations of an air- (6) A description of the sterile areas, craft operator or foreign air carrier de- including— scribed in § 1544.101(a)(2) or (f), or (i) A diagram with dimensions detail- § 1546.101(b) or (c) of this chapter, must ing boundaries and pertinent features; include in its security program a de- (ii) Access controls to be used when scription of the following: the passenger-screening checkpoint is (1) Name, means of contact, duties, non-operational and the entity respon- and training requirements of the ASC, sible for that access control; and as required under § 1542.3. (iii) Measures used to control access (2) A description of the law enforce- as specified in § 1542.207. ment support used to comply with (7) Procedures used to comply with § 1542.215(a). § 1542.209 regarding fingerprint-based (3) Training program for law enforce- criminal history records checks. ment personnel required under (8) A description of the personnel § 1542.217(c)(2), if applicable. identification systems as described in (4) A system for maintaining the § 1542.211. records described in § 1542.221.

328

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.105

(5) The contingency plan required ignated official for approval at least 90 under § 1542.301. days before the date any aircraft oper- (6) Procedures for the distribution, ator or foreign air carrier required to storage, and disposal of security pro- have a security program under part grams, Security Directives, Informa- 1544 or part 1546 of this chapter is ex- tion Circulars, implementing instruc- pected to begin operations. Such re- tions, and, as appropriate, classified in- quests will be processed as follows: formation. (1) The designated official, within 30 (7) Procedures for public advisories as days after receiving the proposed secu- specified in § 1542.305. rity program, will either approve the (8) Incident management procedures program or give the airport operator used to comply with § 1542.307. (c) Partial program. Except as other- written notice to modify the program wise approved by TSA, each airport to comply with the applicable require- regularly serving operations of an air- ments of this part. craft operator or foreign air carrier de- (2) The airport operator may either scribed in § 1544.101(b) or § 1546.101(d) of submit a modified security program to this chapter, must include in its secu- the designated official for approval, or rity program a description of the fol- petition the Administrator to recon- lowing: sider the notice to modify within 30 (1) Name, means of contact, duties, days of receiving a notice to modify. A and training requirements of the ASC petition for reconsideration must be as required under § 1542.3. filed with the designated official. (2) A description of the law enforce- (3) The designated official, upon re- ment support used to comply with ceipt of a petition for reconsideration, § 1542.215(b). either amends or withdraws the notice, (3) Training program for law enforce- or transmits the petition, together ment personnel required under with any pertinent information, to the § 1542.217(c)(2), if applicable. Administrator for reconsideration. The (4) A system for maintaining the Administrator disposes of the petition records described in § 1542.221. within 30 days of receipt by either di- (5) Procedures for the distribution, storage, and disposal of security pro- recting the designated official to with- grams, Security Directives, Informa- draw or amend the notice to modify, or tion Circulars, implementing instruc- by affirming the notice to modify. tions, and, as appropriate, classified in- (b) Amendment requested by an airport formation. operator. Except as provided in (6) Procedures for public advisories as § 1542.103(c), an airport operator may specified in § 1542.305. submit a request to the designated offi- (7) Incident management procedures cial to amend its security program, as used to comply with § 1542.307. follows: (d) Use of appendices. The airport op- (1) The request for an amendment erator may comply with paragraphs must be filed with the designated offi- (a), (b), and (c) of this section by in- cial at least 45 days before the date it cluding in its security program, as an proposes for the amendment to become appendix, any document that contains effective, unless a shorter period is al- the information required by paragraphs lowed by the designated official. (a), (b), and (c) of this section. The ap- (2) Within 30 days after receiving a pendix must be referenced in the cor- proposed amendment, the designated responding section(s) of the security official, in writing, either approves or program. denies the request to amend. § 1542.105 Approval and amendments. (3) An amendment to a security program may be approved if the des- (a) Initial approval of security program. Unless otherwise authorized by the designated official determines that safety ignated official, each airport operator and the public interest will allow it, required to have a security program and the proposed amendment provides under this part must submit its initial the level of security required under proposed security program to the des- this part.

329

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.107 49 CFR Ch. XII (10–1–10 Edition)

(4) Within 30 days after receiving a commerce that makes procedures in denial, the airport operator may peti- this section contrary to the public in- tion the Administrator to reconsider terest, the designated official may the denial. issue an amendment, effective without (5) Upon receipt of a petition for re- stay on the date the airport operator consideration, the designated official receives the notice of it. In such a case, either approves the request to amend the designated official must incor- or transmits the petition within 30 porate in the notice a brief statement days of receipt, together with any per- of the reasons and findings for the tinent information, to the Adminis- amendment to be adopted. The airport trator for reconsideration. The Admin- operator may file a petition for recon- istrator disposes of the petition within sideration under paragraph (c) of this 30 days of receipt by either directing section; however, this does not stay the the designated official to approve the effective date of the emergency amend- amendment or affirming the denial. ment. (c) Amendment by TSA. If safety and the public interest require an amend- § 1542.107 Changed conditions affect- ment, the designated official may ing security. amend a security program as follows: (1) The designated official sends to (a) After approval of the security pro- the airport operator a notice, in writ- gram, each airport operator must no- ing, of the proposed amendment, fixing tify TSA when changes have occurred a period of not less than 30 days within to the— which the airport operator may submit (1) Measures, training, area descrip- written information, views, and argu- tions, or staffing, described in the secu- ments on the amendment. rity program; (2) After considering all relevant ma- (2) Operations of an aircraft operator terial, the designated official notifies or foreign air carrier that would re- the airport operator of any amendment quire modifications to the security pro- adopted or rescinds the notice. If the gram as required under § 1542.103; or amendment is adopted, it becomes ef- (3) Layout or physical structure of fective not less than 30 days after the any area under the control of the air- airport operator receives the notice of port operator, airport tenant, aircraft amendment, unless the airport oper- operator, or foreign air carrier used to ator petitions the Administrator to re- support the screening process, access, consider no later than 15 days before presence, or movement control func- the effective date of the amendment. tions required under part 1542, 1544, or The airport operator must send the pe- 1546 of this chapter. tition for reconsideration to the des- (b) Each airport operator must notify ignated official. A timely petition for TSA no more than 6 hours after the reconsideration stays the effective date of the amendment. discovery of any changed condition de- (3) Upon receipt of a petition for re- scribed in paragraph (a) of this section, consideration, the designated official or within the time specified in its secu- either amends or withdraws the notice, rity program, of the discovery of any or transmits the petition, together changed condition described in para- with any pertinent information to the graph (a) of this section. The airport Administrator for reconsideration. The operator must inform TSA of each in- Administrator disposes of the petition terim measure being taken to maintain within 30 days of receipt by either di- adequate security until an appropriate recting the designated official to with- amendment to the security program is draw or amend the amendment, or by approved. Each interim measure must affirming the amendment. be acceptable to TSA. (d) Emergency amendments. Notwith- (c) For changed conditions expected standing paragraph (c) of this section, to be less than 60 days duration, each if the designated official finds that airport operator must forward the in- there is an emergency requiring imme- formation required in paragraph (b) of diate action with respect to safety and this section in writing to TSA within security in air transportation or in air 72 hours of the original notification of

330

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.113

the change condition(s). TSA will no- (1) A description, a map, and, where tify the airport operator of the disposi- appropriate, a diagram of the bound- tion of the notification in writing. If aries and pertinent features of each approved by TSA, this written notifica- area, including individual access tion becomes a part of the airport secu- points, over which the aircraft oper- rity program for the duration of the ator or foreign air carrier will exercise changed condition(s). exclusive security responsibility. (d) For changed conditions expected (2) A description of the measures to be 60 days or more duration, each used by the aircraft operator or foreign airport operator must forward the in- air carrier to comply with § 1542.201, formation required in paragraph (b) of § 1542.203, or § 1542.205, as appropriate. this section in the form of a proposed (3) Procedures by which the aircraft amendment to the airport operator’s operator or foreign air carrier will im- security program, as required under mediately notify the airport operator § 1542.105. The request for an amend- and provide for alternative security ment must be made within 30 days of measures when there are changed con- the discovery of the changed condi- ditions as described in § 1542.103(a). tion(s). TSA will respond to the request (c) Any exclusive area agreements in in accordance with § 1542.105. effect on November 14, 2001, must meet the requirements of this section and § 1542.109 Alternate means of compli- § 1544.227 no later than November 14, ance. 2002. If in TSA’s judgment, the overall safety and security of the airport, and § 1542.113 Airport tenant security pro- aircraft operator or foreign air carrier grams. operations are not diminished, TSA (a) TSA may approve an airport ten- may approve a security program that ant security program as follows: provides for the use of alternate meas- (1) The tenant must assume responsi- ures. Such a program may be consid- bility for specified security measures ered only for an operator of an airport of the secured area, AOA, or SIDA as at which service by aircraft operators provided in §§ 1542.201, 1542.203, and or foreign air carriers under part 1544 1542.205. or 1546 of this chapter is determined by TSA to be seasonal or infrequent. (2) The tenant may not assume responsibility for law enforcement sup- § 1542.111 Exclusive area agreements. port under § 1542.215. (3) The tenant must assume the re- (a) TSA may approve an amendment sponsibility within the tenant’s leased to an airport security program under areas or areas designated for the ten- which an aircraft operator or foreign ant’s exclusive use. A tenant may not air carrier that has a security program assume responsibility under a tenant under part 1544 or 1546 of this chapter security program for the airport pas- assumes responsibility for specified se- senger terminal. curity measures for all or portions of the secured area, AOA, or SIDA, in- (4) Responsibility must be exclusive cluding access points, as provided in to one tenant, and shared responsi- § 1542.201, § 1542.203, or § 1542.205. The as- bility among tenants is not permitted. sumption of responsibility must be ex- (5) TSA must find that the tenant is clusive to one aircraft operator or for- able and willing to carry out the air- eign air carrier, and shared responsi- port tenant security program. bility among aircraft operators or for- (b) An airport tenant security pro- eign air carriers is not permitted for an gram must be in writing, signed by the exclusive area. airport operator and the airport ten- (b) An exclusive area agreement must ant, and maintained in the airport se- be in writing, signed by the airport op- curity program. The airport tenant se- erator and aircraft operator or foreign curity program must include the fol- air carrier, and maintained in the air- lowing: port security program. This agreement (1) A description and a map of the must contain the following: boundaries and pertinent features of

331

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.201 49 CFR Ch. XII (10–1–10 Edition)

each area over which the airport ten- (b) Each airport operator required to ant will exercise security responsibil- establish a secured area must prevent ities. and detect the unauthorized entry, (2) A description of the measures the presence, and movement of individuals airport tenant has assumed. and ground vehicles into and within (3) Measures by which the airport op- the secured area by doing the fol- erator will monitor and audit the ten- lowing: ant’s compliance with the security pro- (1) Establish and carry out measures gram. for controlling entry to secured areas (4) Monetary and other penalties to of the airport in accordance with which the tenant may be subject if it § 1542.207. fails to carry out the airport tenant se- (2) Provide for detection of, and re- curity program. sponse to, each unauthorized presence (5) Circumstances under which the or movement in, or attempted entry to, airport operator will terminate the airport tenant security program for cause. the secured area by an individual (6) A provision acknowledging that whose access is not authorized in ac- the tenant is subject to inspection by cordance with its security program. TSA in accordance with § 1542.5. (3) Establish and carry out a per- (7) A provision acknowledging that sonnel identification system described individuals who carry out the tenant under § 1542.211. security program are contracted to or (4) Subject each individual to em- acting for the airport operator and are ployment history verification as de- required to protect sensitive informa- scribed in § 1542.209 before authorizing tion in accordance with part 1520 of unescorted access to a secured area. this chapter, and may be subject to (5) Train each individual before civil penalties for failing to protect granting unescorted access to the se- sensitive security information. cured area, as required in § 1542.213(b). (8) Procedures by which the tenant (6) Post signs at secured area access will immediately notify the airport op- points and on the perimeter that pro- erator of and provide for alternative se- vide warning of the prohibition against curity measures for changed conditions unauthorized entry. Signs must be as described in § 1542.103(a). posted by each airport operator in ac- (c) If TSA has approved an airport cordance with its security program not tenant security program, the airport later than November 14, 2003. operator may not be found to be in violation of a requirement of this part in § 1542.203 Security of the air oper- any case in which the airport operator ations area (AOA). demonstrates that: (a) Each airport operator required to (1) The tenant or an employee, per- mittee, or invitee of the tenant, is re- have a security program under sponsible for such violation; and § 1542.103(a) must establish an AOA, un- (2) The airport operator has complied less the entire area is designated as a with all measures in its security pro- secured area. gram to ensure the tenant has com- (b) Each airport operator required to plied with the airport tenant security establish an AOA must prevent and de- program. tect the unauthorized entry, presence, (d) TSA may amend or terminate an and movement of individuals and airport tenant security program in ac- ground vehicles into or within the AOA cordance with § 1542.105. by doing the following: (1) Establish and carry out measures Subpart C—Operations for controlling entry to the AOA of the airport in accordance with § 1542.207. § 1542.201 Security of the secured (2) Provide for detection of, and re- area. sponse to, each unauthorized presence (a) Each airport operator required to or movement in, or attempted entry to, have a security program under the AOA by an individual whose access § 1542.103(a) must establish at least one is not authorized in accordance with secured area. its security program.

332

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.207

(3) Provide security information as carry out measures to prevent the un- described in § 1542.213(c) to each indi- authorized presence and movement of vidual with unescorted access to the individuals in the SIDA and must do AOA. the following: (4) Post signs on AOA access points (1) Establish and carry out a per- and perimeters that provide warning of sonnel identification system described the prohibition against unauthorized under § 1542.211. entry to the AOA. Signs must be posted (2) Subject each individual to a by each airport operator in accordance criminal history records check as de- with its security program not later scribed in § 1542.209 before authorizing than November 14, 2003. unescorted access to the SIDA. (5) If approved by TSA, the airport (3) Train each individual before operator may designate all or portions granting unescorted access to the of its AOA as a SIDA, or may use an- SIDA, as required in § 1542.213(b). other personnel identification system, (c) An airport operator that is not re- as part of its means of meeting the required to have a complete program quirements of this section. If it uses under § 1542.103(a) is not required to es- another personnel identification sys- tablish a SIDA under this section. tem, the media must be clearly distin- guishable from those used in the se- [67 FR 8355, Feb. 22, 2002, as amended at 71 cured area and SIDA. FR 30509, May 26, 2006]

§ 1542.205 Security of the security § 1542.207 Access control systems. identification display area (SIDA). (a) Secured area. Except as provided (a) Each airport operator required to in paragraph (b) of this section, the have a complete program under measures for controlling entry to the § 1542.103(a) must establish at least one secured area required under SIDA, as follows: § 1542.201(b)(1) must— (1) Each secured area must be a (1) Ensure that only those individuals SIDA. authorized to have unescorted access (2) Each part of the air operations to the secured area are able to gain area that is regularly used to load entry; cargo on, or unload cargo from, an air- (2) Ensure that an individual is im- craft that is operated under a full pro- mediately denied entry to a secured gram or a full all-cargo program as area when that person’s access author- provided in § 1544.101(a) or (h) of this ity for that area is withdrawn; and chapter, or a foreign air carrier under a (3) Provide a means to differentiate security program as provided in between individuals authorized to have § 1546.101(a), (b), or (e), must be a SIDA. access to an entire secured area and in- (3) Each area on an airport where dividuals authorized access to only a cargo is present after an aircraft oper- particular portion of a secured area. ator operating under a full program or (b) Alternative systems. TSA may ap- a full all-cargo program under prove an amendment to a security pro- § 1544.101(a) or (h) of this chapter, or a gram that provides alternative meas- foreign air carrier operating under a ures that provide an overall level of se- security program under § 1546.101(a), curity equal to that which would be (b), or (e) of this chapter, or an indirect provided by the measures described in air carrier, accepts it must be a SIDA. paragraph (a) of this section. This includes areas such as: Cargo fa- (c) Air operations area. The measures cilities; loading and unloading vehicle for controlling entry to the AOA re- docks; and areas where an aircraft op- quired under § 1542.203(b)(1) must incor- erator, foreign air carrier, or indirect porate accountability procedures to air carrier sorts, stores, stages, con- maintain their integrity. solidates, processes, screens, or trans- (d) Secondary access media. An airport fers cargo. operator may issue a second access me- (4) Other areas of the airport may be dium to an individual who has SIDAs. unescorted access to secured areas or (b) Each airport operator required to the AOA, but is temporarily not in pos- establish a SIDA must establish and session of the original access medium,

333

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.209 49 CFR Ch. XII (10–1–10 Edition)

if the airport operator follows meas- cember 6, 2002, no individual retains ures and procedures in the security unescorted access authority, unless the program that— airport operator has obtained and sub- (1) Verifies the authorization of the mitted a fingerprint under this part. individual to have unescorted access to (2) When a CHRC discloses a disquali- secured areas or AOAs; fying criminal offense for which the (2) Restricts the time period of entry conviction or finding of not guilty by with the second access medium; reason of insanity was on or after De- (3) Retrieves the second access me- cember 6, 1991, the airport operator dium when expired; must immediately suspend that indi- (4) Deactivates or invalidates the vidual’s authority. original access medium until the indi- (d) Disqualifying criminal offenses. An vidual returns the second access me- individual has a disqualifying criminal dium; and offense if the individual has been con- (5) Provides that any second access victed, or found not guilty of by reason media that is also used as identifica- of insanity, of any of the disqualifying tion media meet the criteria of crimes listed in this paragraph (d) in § 1542.211(b). any jurisdiction during the 10 years before the date of the individual’s appli- § 1542.209 Fingerprint-based criminal cation for unescorted access authority, history records checks (CHRC). or while the individual has unescorted (a) Scope. The following persons are access authority. The disqualifying within the scope of this section— criminal offenses are as follows— (1) Each airport operator and airport (1) Forgery of certificates, false user. marking of aircraft, and other aircraft (2) Each individual currently having registration violation; 49 U.S.C. 46306. unescorted access to a SIDA, and each (2) Interference with air navigation; individual with authority to authorize 49 U.S.C. 46308. others to have unescorted access to a (3) Improper transportation of a haz- SIDA (referred to as unescorted access ardous material; 49 U.S.C. 46312. authority). (4) Aircraft piracy; 49 U.S.C. 46502. (3) Each individual seeking (5) Interference with flight crew unescorted access authority. members or flight attendants; 49 U.S.C. (4) Each airport user and aircraft op- 46504. erator making a certification to an air- (6) Commission of certain crimes port operator pursuant to paragraph aboard aircraft in flight; 49 U.S.C. (n) of this section, or 14 CFR 108.31(n) 46506. in effect prior to November 14, 2001 (see (7) Carrying a weapon or explosive 14 CFR Parts 60 to 139 revised as of aboard aircraft; 49 U.S.C. 46505. January 1, 2001). An airport user, for (8) Conveying false information and the purposes of this section only, is threats; 49 U.S.C. 46507. any person other than an aircraft oper- (9) Aircraft piracy outside the special ator subject to § 1544.229 of this chapter aircraft jurisdiction of the United making a certification under this sec- States; 49 U.S.C. 46502(b). tion. (10) Lighting violations involving (b) Individuals seeking unescorted ac- transporting controlled substances; 49 cess authority. Except as provided in U.S.C. 46315. paragraph (m) of this section, each air- (11) Unlawful entry into an aircraft port operator must ensure that no indi- or airport area that serves air carriers vidual is granted unescorted access au- or foreign air carriers contrary to es- thority unless the individual has un- tablished security requirements; 49 dergone a fingerprint-based CHRC that U.S.C. 46314. does not disclose that he or she has a (12) Destruction of an aircraft or air- disqualifying criminal offense, as de- craft facility; 18 U.S.C. 32. scribed in paragraph (d) of this section. (13) Murder. (c) Individuals who have not had a (14) Assault with intent to murder. CHRC. (1) Except as provided in para- (15) Espionage. graph (m) of this section, each airport (16) Sedition. operator must ensure that after De- (17) Kidnapping or hostage taking.

334

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.209

(18) Treason. tion is true, complete, and correct to (19) Rape or aggravated sexual abuse. the best of my knowledge and belief (20) Unlawful possession, use, sale, and is provided in good faith. I under- distribution, or manufacture of an ex- stand that a knowing and willful false plosive or weapon. statement on this application can be (21) Extortion. punished by fine or imprisonment or (22) Armed or felony unarmed rob- both. (See section 1001 of Title 18 bery. United States Code.)’’ (23) Distribution of, or intent to dis- (v) A line for the printed name of the tribute, a controlled substance. individual. (24) Felony arson. (vi) A line for the individual’s signa- (25) Felony involving a threat. ture and date of signature. (26) Felony involving— (2) Each individual must complete (i) Willful destruction of property; and sign the application prior to sub- (ii) Importation or manufacture of a mitting his or her fingerprints. controlled substance; (3) The airport operator must verify (iii) Burglary; the identity of the individual through (iv) Theft; two forms of identification prior to (v) Dishonesty, fraud, or misrepresen- fingerprinting, and ensure that the tation; printed name on the fingerprint appli- (vi) Possession or distribution of sto- cation is legible. At least one of the len property; two forms of identification must have (vii) Aggravated assault; been issued by a government authority, (viii) Bribery; or and at least one must include a photo. (ix) Illegal possession of a controlled (4) The airport operator must advise substance punishable by a maximum the individual that: term of imprisonment of more than 1 (i) A copy of the criminal record re- year. ceived from the FBI will be provided to (27) Violence at international air- the individual, if requested by the indi- ports; 18 U.S.C. 37. vidual in writing; and (28) Conspiracy or attempt to commit (ii) The ASC is the individual’s point any of the criminal acts listed in this of contact if he or she has questions paragraph (d). about the results of the CHRC. (e) Fingerprint application and proc- (5) The airport operator must collect, essing. (1) At the time of fingerprinting, control, and process one set of legible the airport operator must provide the and classifiable fingerprints under di- individual to be fingerprinted a finger- rect observation of the airport operator print application that includes only or a law enforcement officer. the following— (6) Fingerprints may be obtained and (i) The disqualifying criminal of- processed electronically, or recorded fenses described in paragraph (d) of this on fingerprint cards approved by the section. FBI and distributed by TSA for that (ii) A statement that the individual purpose. signing the application does not have a (7) The fingerprint submission must disqualifying criminal offense. be forwarded to TSA in the manner (iii) A statement informing the indi- specified by TSA. vidual that Federal regulations under (f) Fingerprinting fees. Airport opera- 49 CFR 1542.209 (l) impose a continuing tors must pay for all fingerprints in a obligation to disclose to the airport op- form and manner approved by TSA. erator within 24 hours if he or she is The payment must be made at the des- convicted of any disqualifying criminal ignated rate (available from the local offense that occurs while he or she has TSA security office) for each set of fin- unescorted access authority. After Feb- gerprints submitted. Information about ruary 17, 2002, the airport operator may payment options is available though use statements that have already been the designated TSA headquarters point printed referring to 14 CFR 107.209 until of contact. Individual personal checks stocks of such statements are used up. are not acceptable. (iv) A statement reading, ‘‘The infor- (g) Determination of arrest status. (1) mation I have provided on this applica- When a CHRC on an individual seeking

335

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.209 49 CFR Ch. XII (10–1–10 Edition)

unescorted access authority discloses been made to grant or deny unescorted an arrest for any disqualifying crimi- access authority. nal offense listed in paragraph (d) of (3) Immediately following the suspen- this section without indicating a dis- sion of unescorted access authority of position, the airport operator must de- an individual, the airport operator termine, after investigation, that the must advise him or her that the FBI arrest did not result in a disqualifying criminal record discloses information offense before granting that authority. that disqualifies him or her from re- If there is no disposition, or if the dis- taining unescorted access authority position did not result in a conviction and provide the individual with a copy or in a finding of not guilty by reason of the FBI record if he or she requests of insanity of one of the offenses listed it. in paragraph (d) of this section, the in- (i) Corrective action by the individual. dividual is not disqualified under this The individual may contact the local section. jurisdiction responsible for the infor- (2) When a CHRC on an individual mation and the FBI to complete or cor- with unescorted access authority dis- rect the information contained in his closes an arrest for any disqualifying or her record, subject to the following criminal offense without indicating a conditions— disposition, the airport operator must (1) For an individual seeking suspend the individual’s unescorted ac- unescorted access authority on or after cess authority not later than 45 days December 6, 2001, the following applies: after obtaining the CHRC unless the (i) Within 30 days after being advised airport operator determines, after in- that the criminal record received from vestigation, that the arrest did not re- the FBI discloses a disqualifying crimi- sult in a disqualifying criminal offense. nal offense, the individual must notify If there is no disposition, or if the dis- the airport operator in writing of his or position did not result in a conviction her intent to correct any information or in a finding of not guilty by reason he or she believes to be inaccurate. The of insanity of one of the offenses listed airport operator must obtain a copy, or in paragraph (d) of this section, the in- accept a copy from the individual, of dividual is not disqualified under this the revised FBI record, or a certified section. true copy of the information from the (3) The airport operator may only appropriate court, prior to granting make the determinations required in unescorted access authority. paragraphs (g)(1) and (g)(2) of this sec- (ii) If no notification, as described in tion for individuals for whom it is paragraph (h)(1) of this section, is re- issuing, or has issued, unescorted ac- ceived within 30 days, the airport oper- cess authority, and who are not cov- ator may make a final determination ered by a certification from an aircraft to deny unescorted access authority. operator under paragraph (n) of this (2) For an individual with unescorted section. The airport operator may not access authority before December 6, make determinations for individuals 2001, the following applies: Within 30 described in § 1544.229 of this chapter. days after being advised of suspension (h) Correction of FBI records and notifi- because the criminal record received cation of disqualification. (1) Before from the FBI discloses a disqualifying making a final decision to deny criminal offense, the individual must unescorted access authority to an indi- notify the airport operator in writing vidual described in paragraph (b) of of his or her intent to correct any in- this section, the airport operator must formation he or she believes to be inac- advise him or her that the FBI crimi- curate. The airport operator must ob- nal record discloses information that tain a copy, or accept a copy from the would disqualify him or her from re- individual, of the revised FBI record, or ceiving or retaining unescorted access a certified true copy of the information authority and provide the individual from the appropriate court, prior to re- with a copy of the FBI record if he or instating unescorted access authority. she requests it. (j) Limits on dissemination of results. (2) The airport operator must notify Criminal record information provided an individual that a final decision has by the FBI may be used only to carry

336

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.209

out this section and § 1544.229 of this (l) Continuing responsibilities. (1) Each chapter. No person may disseminate individual with unescorted access au- the results of a CHRC to anyone other thority on December 6, 2001, who had a than: disqualifying criminal offense in para- (1) The individual to whom the record graph (d) of this section on or after De- pertains, or that individual’s author- cember 6, 1991, must, by January 7, ized representative. 2002, report the conviction to the air- (2) Officials of other airport operators port operator and surrender the SIDA who are determining whether to grant access medium to the issuer. unescorted access to the individual (2) Each individual with unescorted under this part. access authority who has a disquali- (3) Aircraft operators who are deter- fying criminal offense must report the mining whether to grant unescorted offense to the airport operator and sur- access to the individual or authorize render the SIDA access medium to the the individual to perform screening issuer within 24 hours of the conviction functions under part 1544 of this chap- or the finding of not guilty by reason ter. of insanity. (4) Others designated by TSA. (3) If information becomes available (k) Recordkeeping. The airport oper- to the airport operator or the airport ator must maintain the following in- user indicating that an individual with formation: unescorted access authority has a dis- (1) Investigations conducted before De- qualifying criminal offense, the airport cember 6, 2001. The airport operator operator must determine the status of must maintain and control the access the conviction. If a disqualifying of- or employment history investigation fense is confirmed the airport operator files, including the criminal history must immediately revoke any records results portion, or the appro- unescorted access authority. priate certifications, for investigations (m) Exceptions. Notwithstanding the conducted before December 6, 2001. requirements of this section, an airport (2) Fingerprint application process on or operator must authorize the following after December 6, 2001. Except when the individuals to have unescorted access airport operator has received a certifi- authority: cation under paragraph (n) of this sec- (1) An employee of the Federal, state, tion, the airport operator must phys- or local government (including a law ically maintain, control, and, as appro- enforcement officer) who, as a condi- priate, destroy the fingerprint application of employment, has been subjected tion and the criminal record. Only di- to an employment investigation that rect airport operator employees may includes a criminal records check. carry out the responsibility for main- (2) Notwithstanding the requirements taining, controlling, and destroying of this section, an airport operator criminal records. may authorize the following individ- (3) Certification on or after December 6, uals to have unescorted access author- 2001. The airport operator must main- ity: tain the certifications provided under (i) An individual who has been con- paragraph (n) of this section. tinuously employed in a position re- (4) Protection of records—all investiga- quiring unescorted access authority by tions. The records required by this sec- another airport operator, airport user, tion must be maintained in a manner or aircraft operator, or contractor to that is acceptable to TSA and in a such an entity, provided the grant for manner that protects the confiden- his or her unescorted access authority tiality of the individual. was based upon a fingerprint-based (5) Duration—all investigations. The CHRC through TSA or FAA. records identified in this section with (ii) An individual who has been con- regard to an individual must be main- tinuously employed by an aircraft op- tained until 180 days after the termi- erator or aircraft operator contractor, nation of the individual’s unescorted in a position with authority to perform access authority. When files are no screening functions, provided the grant longer maintained, the criminal record for his or her authority to perform must be destroyed. screening functions was based upon a

337

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.211 49 CFR Ch. XII (10–1–10 Edition)

fingerprint-based CHRC through TSA decides to maintain and control the or FAA. employment history investigation file. (n) Certifications by aircraft operators. (3) The airport user must provide the An airport operator is in compliance airport operator with either the name with its obligation under paragraph (b) or title of the individual acting as cus- or (c) of this section when the airport todian of the files described in this operator accepts, for each individual paragraph (p), the address of the loca- seeking unescorted access authority, tion where the files are maintained, certification from an aircraft operator and the phone number of that location. subject to part 1544 of this chapter in- The airport user must provide the air- dicating it has complied with § 1544.229 port operator and TSA with access to of this chapter for the aircraft opera- these files. tor’s employees and contractors seeking unescorted access authority. If the § 1542.211 Identification systems. airport operator accepts a certification from the aircraft operator, the airport (a) Personnel identification system. The operator may not require the aircraft personnel identification system under operator to provide a copy of the §§ 1542.201(b)(3) and 1542.205(b)(1) must CHRC. include the following: (o) Airport operator responsibility. The (1) Personnel identification media airport operator must— that— (1) Designate the ASC, in the secu- (i) Convey a full-face image, full rity program, or a direct employee if name, employer, and identification the ASC is not a direct employee, to be number of the individual to whom the responsible for maintaining, control- identification medium is issued; ling, and destroying the criminal (ii) Indicate clearly the scope of the record files when their maintenance is individual’s access and movement no longer required by paragraph (k) of privileges; this section. (iii) Indicate clearly an expiration (2) Designate the ASC, in the secu- date; and rity program, to serve as the contact (iv) Are of sufficient size and appear- to receive notification from individuals ance as to be readily observable for applying for unescorted access author- challenge purposes. ity of their intent to seek correction of (2) Procedures to ensure that each in- their FBI criminal record. dividual in the secured area or SIDA (3) Audit the employment history in- continuously displays the identifica- vestigations performed by the airport tion medium issued to that individual operator in accordance with this sec- on the outermost garment above waist tion and 14 CFR 107.31 in effect prior to level, or is under escort. November 14, 2001 (see 14 CFR Parts 60 (3) Procedures to ensure account- through 139 revised as of January 1, ability through the following: 2001), and those investigations con- (i) Retrieving expired identification ducted by the airport users who pro- media and media of persons who no vided certification to the airport oper- longer have unescorted access author- ator. The audit program must be set ity. forth in the airport security program. (ii) Reporting lost or stolen identi- (p) Airport user responsibility. (1) The airport user must report to the airport fication media. operator information, as it becomes (iii) Securing unissued identification available, that indicates an individual media stock and supplies. with unescorted access authority may (iv) Auditing the system at a min- have a disqualifying criminal offense. imum of once a year or sooner, as nec- (2) The airport user must maintain essary, to ensure the integrity and ac- and control, in compliance with para- countability of all identification graph (k) of this section, the employ- media. ment history investigation files for in- (v) As specified in the security pro- vestigations conducted before Decem- gram, revalidate the identification sys- ber 6, 2001, unless the airport operator tem or reissue identification media if a

338

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.213

portion of all issued, unexpired identi- not visibly displaying an authorized fication media are lost, stolen, or oth- identification medium, including pro- erwise unaccounted for, including iden- cedures to notify the appropriate au- tification media that are combined thority; and with access media. (3) Describe support of challenge pro- (vi) Ensure that only one identifica- cedures, including law enforcement and tion medium is issued to an individual any other responses to reports of indi- at a time, except for personnel who are viduals not displaying authorized iden- employed with more than one company tification media. and require additional identification (e) Escorting. Each airport operator media to carry out employment duties. must establish and implement proce- A replacement identification medium dures for escorting individuals who do may only be issued if an individual de- not have unescorted access authority clares in writing that the medium has to a secured area or SIDA that— been lost, stolen, or destroyed. (1) Ensure that only individuals with (b) Temporary identification media. unescorted access authority are per- Each airport operator may issue permitted to escort; sonnel identification media in accordance with its security program to per- (2) Ensure that the escorted individ- sons whose duties are expected to be uals are continuously accompanied or temporary. The temporary identifica- monitored while within the secured tion media system must include proce- area or SIDA in a manner sufficient to dures and methods to— identify whether the escorted indi- (1) Retrieve temporary identification vidual is engaged in activities other media; than those for which escorted access (2) Authorize the use of a temporary was granted, and to take action in ac- media for a limited time only; cordance with the airport security pro- (3) Ensure that temporary media are gram; distinct from other identification (3) Identify what action is to be media and clearly display an expira- taken by the escort, or other author- tion date; and ized individual, should individuals (4) Ensure that any identification under escort engage in activities other media also being used as an access than those for which access was grant- media meet the criteria of § 1542.207(d). ed; (c) Airport-approved identification (4) Prescribe law enforcement sup- media. TSA may approve an amend- port for escort procedures; and ment to the airport security program (5) Ensure that individuals escorted that provides for the use of identifica- into a sterile area without being tion media meeting the criteria of this screened under § 1544.201 of this chapter section that are issued by entities remain under escort until they exit the other than the airport operator, as de- sterile area, or submit to screening scribed in the security program. pursuant to § 1544.201 or § 1546.201 of this (d) Challenge program. Each airport chapter. operator must establish and carry out (f) Effective date. The identification a challenge program that requires each systems described in this section must individual who has authorized be implemented by each airport oper- unescorted access to secured areas and ator not later than November 14, 2003. SIDA’s to ascertain the authority of any individual who is not displaying an § 1542.213 Training. identification medium authorizing the individual to be present in the area. (a) Each airport operator must en- The challenge program must include sure that individuals performing secu- procedures to challenge individuals not rity-related functions for the airport displaying airport approved identifica- operator are briefed on the provisions tion media. The procedure must— of this part, Security Directives, and (1) Apply uniformly in secured areas, Information Circulars, and the security SIDAs, and exclusive areas; program, to the extent that such indi- (2) Describe how to challenge an individuals need to know in order to per- vidual directly or report any individual form their duties.

339

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.215 49 CFR Ch. XII (10–1–10 Edition)

(b) An airport operator may not au- training on responsibility under thorize any individual unescorted ac- § 1540.105 can be provided by making cess to the secured area or SIDA, ex- relevant security information avail- cept as provided in § 1542.5, unless that able. individual has successfully completed (f) Training described in paragraph training in accordance with TSA-ap- (c) of this section must be implemented proved curriculum specified in the se- by each airport operator not later than curity program. This curriculum must November 14, 2002. detail the methods of instruction, provide attendees with an opportunity to § 1542.215 Law enforcement support. ask questions, and include at least the (a) In accordance with § 1542.217, each following topics— airport operator required to have a se- (1) The unescorted access authority curity program under § 1542.103(a) or (b) of the individual to enter and be must provide: present in various areas of the airport; (1) Law enforcement personnel in the (2) Control, use, and display of air- number and manner adequate to support-approved access and identification port its security program. media; (2) Uniformed law enforcement per- (3) Escort and challenge procedures sonnel in the number and manner ade- and the law enforcement support for quate to support each system for these procedures; screening persons and accessible prop- (4) Security responsibilities as speci- erty required under part 1544 or 1546 of fied in § 1540.105; this chapter, except to the extent that (5) Restrictions on divulging sen- TSA provides Federal law enforcement sitive security information as de- support for the system. scribed in part 1520 of this chapter; and (b) Each airport required to have a (6) Any other topics specified in the security program under § 1542.103(c) security program. must ensure that: (c) An airport operator may not au- (1) Law enforcement personnel are thorize any individual unescorted ac- available and committed to respond to cess to the AOA, except as provided in an incident in support of a civil avia- § 1542.5, unless that individual has been tion security program when requested provided information in accordance by an aircraft operator or foreign air with the security program, including— carrier that has a security program (1) The unescorted access authority under part 1544 or 1546 of this chapter. of the individual to enter and be (2) The procedures by which to re- present in various areas of the airport; quest law enforcement support are pro- (2) Control, use, and display of air- vided to each aircraft operator or for- port-approved access and identification eign air carrier that has a security pro- media, if appropriate; gram under part 1544 or 1546 of this (3) Escort and challenge procedures chapter. and the law enforcement support for these procedures, where applicable; § 1542.217 Law enforcement personnel. (4) Security responsibilities as speci- (a) Each airport operator must en- fied in § 1540.105; sure that law enforcement personnel (5) Restrictions on divulging sen- used to meet the requirements of sitive security information as de- § 1542.215, meet the following qualifica- scribed in part 1520 of this chapter; and tions while on duty at the airport— (6) Any other topics specified in the (1) Have arrest authority described in security program. paragraph (b) of this section; (d) Each airport operator must main- (2) Are identifiable by appropriate in- tain a record of all training and infor- dicia of authority; mation given to each individual under (3) Are armed with a firearm and au- paragraphs (b) and (c) of this section thorized to use it; and for 180 days after the termination of (4) Have completed a training pro- that person’s unescorted access author- gram that meets the requirements of ity. paragraphs (c) and (d) of this section. (e) As to persons with unescorted ac- (b) Each airport operator must en- cess to the SIDA on November 14, 2001, sure that each individual used to meet

340

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS § 1542.221

the requirements of § 1542.215 have the ator to use, on a reimbursable basis, authority to arrest, with or without a personnel employed by TSA, or by an- warrant, while on duty at the airport other department, agency, or instru- for the following violations of the mentality of the Government with the criminal laws of the State and local ju- consent of the head of the department, risdictions in which the airport is lo- agency, or instrumentality to supple- cated— ment State, local, and private law en- (1) A crime committed in the pres- forcement personnel. ence of the individual; and (b) Each request for the use of Fed- (2) A felony, when the individual has eral personnel must be submitted to reason to believe that the suspect has TSA and include the following infor- committed it. mation: (c) The training program required by (1) The number of passengers en- paragraph (a)(4) of this section must— planed at the airport during the pre- (1) Meet the training standard for law ceding calendar year and the current enforcement officers prescribed by ei- calendar year as of the date of the re- ther the State or local jurisdiction in quest. which the airport is located for law en- (2) The anticipated risk of criminal forcement officers performing com- violence, sabotage, aircraft piracy, and parable functions. other unlawful interference to civil (2) Specify and require training aviation operations. standards for private law enforcement (3) A copy of that portion of the secu- personnel acceptable to TSA, if the rity program which describes the law State and local jurisdictions in which enforcement support necessary to com- the airport is located do not prescribe ply with § 1542.215. training standards for private law en- (4) The availability of law enforce- forcement personnel that meets the ment personnel who meet the require- standards in paragraph (a) of this sec- ments of § 1542.217, including a description. tion of the airport operator’s efforts to (3) Include training in— obtain law enforcement support from (i) The use of firearms; State, local, and private agencies and (ii) The courteous and efficient treat- the responses of those agencies. ment of persons subject to inspection, (5) The airport operator’s estimate of detention, search, arrest, and other the number of Federal personnel need- aviation security activities; ed to supplement available law enforce- (iii) The responsibilities of law en- ment personnel and the period of time forcement personnel under the security for which they are needed. program; and (6) A statement acknowledging re- (iv) Any other subject TSA deter- sponsibility for providing reimburse- mines is necessary. ment for the cost of providing Federal (d) Each airport operator must docu- personnel. ment the training program required by (7) Any other information TSA con- paragraph (a)(4) of this section and siders necessary. maintain documentation of training at (c) In response to a request submitted a location specified in the security pro- in accordance with this section, TSA gram until 180 days after the departure may authorize, on a reimbursable or removal of each person providing basis, the use of personnel employed by law enforcement support at the air- a Federal agency, with the consent of port. the head of that agency.

§ 1542.219 Supplementing law enforce- § 1542.221 Records of law enforcement ment personnel. response. (a) When TSA decides, after being no- (a) Each airport operator must en- tified by an airport operator as pre- sure that— scribed in this section, that not enough (1) A record is made of each law en- qualified State, local, and private law forcement action taken in furtherance enforcement personnel are available to of this part; and carry out the requirements of § 1542.215, (2) The record is maintained for a TSA may authorize the airport oper- minimum of 180 days.

341

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR § 1542.301 49 CFR Ch. XII (10–1–10 Edition)

(b) Data developed in response to ures are necessary to respond to a paragraph (a) of this section must in- threat assessment or to a specific clude at least the following, except as threat against civil aviation, TSA authorized by TSA: issues a Security Directive setting (1) The number and type of weapons, forth mandatory measures. explosives, or incendiaries discovered (b) Each airport operator must com- during any passenger-screening proc- ply with each Security Directive issued ess, and the method of detection of to the airport operator within the time each. prescribed in the Security Directive. (2) The number of acts and attempted (c) Each airport operator that re- acts of aircraft piracy. ceives a Security Directive must— (3) The number of bomb threats re- (1) Within the time prescribed in the ceived, real and simulated bombs Security Directive, verbally acknowl- found, and actual detonations on the edge receipt of the Security Directive airport. to TSA. (4) The number of arrests, including— (2) Within the time prescribed in the (i) Name, address, and the immediate Security Directive, specify the method disposition of each individual arrested; by which the measures in the Security (ii) Type of weapon, explosive, or in- Directive have been implemented (or cendiary confiscated, as appropriate; will be implemented, if the Security and Directive is not yet effective). (iii) Identification of the aircraft op- (d) In the event that the airport oper- erators or foreign air carriers on which ator is unable to implement the meas- the individual arrested was, or was ures in the Security Directive, the air- scheduled to be, a passenger or which port operator must submit proposed al- screened that individual, as appro- ternative measures and the basis for priate. submitting the alternative measures to TSA for approval. The airport operator Subpart D—Contingency must submit the proposed alternative Measures measures within the time prescribed in the Security Directive. The airport op- § 1542.301 Contingency plan. erator must implement any alternative (a) Each airport operator required to measures approved by TSA. have a security program under (e) Each airport operator that re- § 1542.103(a) and (b) must adopt a con- ceives a Security Directive may com- tingency plan and must: ment on the Security Directive by sub- (1) Implement its contingency plan mitting data, views, or arguments in when directed by TSA. writing to TSA. TSA may amend the (2) Conduct reviews and exercises of Security Directive based on comments its contingency plan as specified in the received. Submission of a comment security program with all persons hav- does not delay the effective date of the ing responsibilities under the plan. Security Directive. (3) Ensure that all parties involved (f) Each airport operator that re- know their responsibilities and that all ceives a Security Directive or an Infor- information contained in the plan is mation Circular and each person who current. receives information from a Security (b) TSA may approve alternative im- Directive or an Information Circular plementation measures, reviews, and must: exercises to the contingency plan (1) Restrict the availability of the Se- which will provide an overall level of curity Directive or Information Cir- security equal to the contingency plan cular, and information contained in ei- under paragraph (a) of this section. ther document, to those persons with an operational need-to-know. § 1542.303 Security Directives and In- (2) Refuse to release the Security Di- formation Circulars. rective or Information Circular, and in- (a) TSA may issue an Information formation contained in either docu- Circular to notify airport operators of ment, to persons other than those who security concerns. When TSA deter- have an operational need to know with- mines that additional security meas- out the prior written consent of TSA.

342

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR Transportation Security Administration, DHS Pt. 1544

§ 1542.305 Public advisories. Subpart B—Security Program When advised by TSA, each airport 1544.101 Adoption and implementation. operator must prominently display and 1544.103 Form, content, and availability. maintain in public areas information 1544.105 Approval and amendments. concerning foreign airports that, in the Subpart C—Operations judgment of the Secretary of Transpor- tation, do not maintain and administer 1544.201 Acceptance and screening of indi- effective security measures. This infor- viduals and accessible property. mation must be posted in the manner 1544.203 Acceptance and screening of specified in the security program and checked baggage. for such a period of time determined by 1544.202 Persons and property onboard an all-cargo aircraft. the Secretary of Transportation. 1544.205 Acceptance and screening of cargo. 1544.207 Screening of individuals and prop- § 1542.307 Incident management. erty. (a) Each airport operator must estab- 1544.209 Use of metal detection devices. lish procedures to evaluate bomb 1544.211 Use of X-ray systems. 1544.213 Use of explosives detection systems. threats, threats of sabotage, aircraft 1544.215 Security coordinators. piracy, and other unlawful interference 1544.217 Law enforcement personnel. to civil aviation operations. 1544.219 Carriage of accessible weapons. (b) Immediately upon direct or re- 1544.221 Carriage of prisoners under the con- ferred receipt of a threat of any of the trol of armed law enforcement officers. incidents described in paragraph (a) of 1544.223 Transportation of Federal Air Mar- shals. this section, each airport operator 1544.225 Security of aircraft and facilities. must— 1544.227 Exclusive area agreement. (1) Evaluate the threat in accordance 1544.228 Access to cargo and cargo screen- with its security program; ing: Security threat assessments for (2) Initiate appropriate action as cargo personnel in the United States. specified in the Airport Emergency 1544.229 Fingerprint-based criminal history Plan under 14 CFR 139.325; and records checks (CHRC): Unescorted access authority, authority to perform (3) Immediately notify TSA of acts, screening functions, and authority to or suspected acts, of unlawful inter- perform checked baggage or cargo func- ference to civil aviation operations, in- tions. cluding specific bomb threats to air- 1544.230 Fingerprint-based criminal history craft and airport facilities. records checks (CHRC): Flightcrew mem- (c) Airport operators required to have bers. a security program under § 1542.103(c) 1544.231 Airport-approved and exclusive area personnel identification systems. but not subject to 14 CFR part 139, 1544.233 Security coordinators and crew- must develop emergency response pro- members, training. cedures to incidents of threats identi- 1544.235 Training and knowledge for individ- fied in paragraph (a) of this section. uals with security-related duties. (d) To ensure that all parties know 1544.237 Flight deck privileges. their responsibilities and that all pro- 1544.239 Known shipper program. cedures are current, at least once every Subpart D—Threat and Threat Response 12 calendar months each airport operator must review the procedures re- 1544.301 Contingency plan. quired in paragraphs (a) and (b) of this 1544.303 Bomb or air piracy threats. section with all persons having respon- 1544.305 Security Directives and Informa- sibilities for such procedures. tion Circulars. Subpart E—Screener Qualifications When PART 1544—AIRCRAFT OPERATOR the Aircraft Operator Performs Screening SECURITY: AIR CARRIERS AND 1544.401 Applicability of this subpart. COMMERCIAL OPERATORS 1544.403 [Reserved] 1544.405 Qualifications of screening per- Subpart A—General sonnel. 1544.407 Training, testing, and knowledge of Sec. individuals who perform screening func- 1544.1 Applicability of this part. tions. 1544.3 TSA inspection authority. 1544.409 Integrity of screener tests.

343

VerDate Mar<15>2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\220220.XXX 220220 erowe on DSK5CLS3C1PROD with CFR