DOT 49 CFR PART 1548-2010 INDIRECT AIR CARRIER SECURITY.pdf

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1、380 49 CFR Ch. XII (10110 Edition) Pt. 1548 to perform a screening function after that individual has failed an oper-ational test related to that function, until that individual has successfully completed the remedial training speci-fied in the foreign air carriers security program. (d) Annual profi

2、ciency review. Each in-dividual assigned screening duties shall receive an annual evaluation. The for-eign air carrier must conduct and docu-ment an annual evaluation of each in-dividual who performs screening func-tions. An individual who performs screening functions may not continue to perform suc

3、h functions unless the evaluation demonstrates that the indi-vidual (1) Continues to meet all qualifica-tions and standards required to per-form a screening function; (2) Has a satisfactory record of per-formance and attention to duty based on the standards and requirements in the foreign air carrie

4、rs security pro-gram; and (3) Demonstrates the current knowl-edge and skills necessary to cour-teously, vigilantly, and effectively per-form screening functions. PART 1548INDIRECT AIR CARRIER SECURITY Sec. 1548.1 Applicability of this part. 1548.3 TSA inspection authority. 1548.5 Adoption and implem

5、entation of the security program. 1548.7 Approval, amendment, annual re-newal, and withdrawal of approval of the security program. 1548.9 Acceptance of cargo. 1548.11 Training and knowledge for individ-uals with security-related duties. 1548.13 Security coordinators. 1548.15 Access to cargo: Securit

6、y threat as-sessments for individuals having unescorted access to cargo. 1548.16 Security threat assessments for each proprietor, general partner, officer, di-rector, and certain owners of the entity. 1548.17 Known shipper program. 1548.19 Security Directives and Information Circulars. 1548.21 Scree

7、ning of cargo. AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44905, 4491344914, 4491644917, 44932, 44935 44936, 46105. SOURCE: 67 FR 8382, Feb. 22, 2002, unless otherwise noted. 1548.1 Applicability of this part. This part prescribes aviation security rules governing each indirect air car-rier engage

8、d indirectly in the air trans-portation of property on aircraft. 67 FR 8382, Feb. 22, 2002, as amended at 71 FR 33255, June 8, 2006 1548.3 TSA inspection authority. (a) Each indirect air carrier must allow TSA, at any time or place, to make any inspections or tests, includ-ing copying records, to de

9、termine com-pliance of an airport operator, aircraft operator, foreign air carrier, indirect air carrier, or airport tenant with (1) This subchapter, and any security program approved under this sub-chapter, and part 1520 of this chapter; and (2) 49 U.S.C. Subtitle VII, as amend-ed. (b) At the reque

10、st of TSA, each indi-rect air carrier must provide evidence of compliance with this subchapter and its indirect air carrier security pro-gram, including copies of records. (c) TSA may enter and be present within areas where security measures required by TSA are carried out with-out access media or i

11、dentification media issued or approved by the indi-rect air carrier, an airport operator, or aircraft operator, in order to inspect or test compliance, or perform other such duties as TSA may direct. 67 FR 8382, Feb. 22, 2002, as amended at 71 FR 30513, May 26, 2006 1548.5 Adoption and implementatio

12、n of the security program. (a) Security program required. No indi-rect air carrier may offer cargo to an aircraft operator operating under a full program or a full all-cargo program specified in part 1544 of this sub-chapter, or to a foreign air carrier op-erating under a program under 1546.101(a),

13、(b), or (e) of this sub-chapter, unless that indirect air carrier has and carries out an approved secu-rity program under this part. Each in-direct air carrier that does not cur-rently hold a security program under part 1548, and that offers cargo to an aircraft operator operating under a full all-c

14、argo program or a comparable op-eration by a foreign air carrier must VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from I

15、HS-,-,-381 Transportation Security Administration, DHS 1548.7 comply with this section not later than December 1, 2006. (b) General requirements. (1) The secu-rity program must provide for the se-curity of the aircraft, as well as that of persons and property traveling in air transportation against

16、acts of criminal violence and air piracy and against the introduction into the aircraft of any unauthorized person, and any unau-thorized explosive, incendiary, and other destructive substance or item as provided in the indirect air carriers se-curity program. This requirement ap-plies (i) From the

17、time the indirect air carrier accepts the cargo to the time it transfers the cargo to an entity that is not an employee or agent of the indi-rect air carrier; (ii) While the cargo is stored, en route, or otherwise being handled by an employee or agent of the indirect air carrier; and (iii) Regardles

18、s of whether the indi-rect air carrier has or ever had phys-ical possession of the cargo. (2) The indirect air carrier must en-sure that its employees and agents carry out the requirements of this chapter and the indirect air carriers security program. (c) Content. Each security program under this p

19、art must (1) Be designed to prevent or deter the introduction of any unauthorized person, and any unauthorized explo-sive, incendiary, and other destructive substance or item onto an aircraft. (2) Include the procedures and de-scription of the facilities and equip-ment used to comply with the requir

20、e-ments of 1548.9 and 1548.17 regarding the acceptance and offering of cargo. (3) Include the procedures and syllabi used to accomplish the training re-quired under 1548.11 of persons who ac-cept, handle, transport, or deliver cargo on behalf of the indirect air car-rier. (d) Availability. Each indi

21、rect air car-rier having a security program must: (1) Maintain an original of the secu-rity program at its corporate office. (2) Have accessible a complete copy, or the pertinent portions of its security program, or appropriate implementing instructions, at each office where cargo is accepted. An el

22、ectronic version is adequate. (3) Make a copy of the security pro-gram available for inspection upon the request of TSA. (4) Restrict the distribution, disclo-sure, and availability of information contained in its security program to persons with a need to know, as de-scribed in part 1520 of this ch

23、apter. (5) Refer requests for such informa-tion by other persons to TSA. 67 FR 8382, Feb. 22, 2002, as amended at 71 FR 30513, May 26, 2006; 71 FR 31964, June 2, 2006 1548.7 Approval, amendment, annual renewal, and withdrawal of ap-proval of the security program. (a) Original Application(1) Applica-

24、tion. The applicant must apply for a se-curity program in a form and a manner prescribed by TSA not less than 90 cal-endar days before the applicant intends to begin operations. The application must be in writing and include: (i) The business name; other names, including doing business as; state of

25、in-corporation, if applicable; and tax iden-tification number. (ii) The applicant names, addresses, and dates of birth of each proprietor, general partner, officer, director, and owner identified under 1548.16. (iii) A signed statement from each person listed in paragraph (a)(1)(ii) of this section

26、stating whether he or she has been a proprietor, general partner, officer, director, or owner of an IAC that had its security program with-drawn by TSA. (iv) Copies of government-issued identification of persons listed in para-graph (a)(1)(ii) of this section. (v) Addresses of all business locations

27、 in the United States. (vi) A statement declaring whether the business is a small business pursuant to section 3 of the Small Business Act (15 U.S.C. 632). (vii) A statement acknowledging and ensuring that each employee and agent of the indirect air carrier, who is sub-ject to training under 1548.11

28、, will have successfully completed the train-ing outlined in its security program be-fore performing security-related du-ties. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo re

29、production or networking permitted without license from IHS-,-,-382 49 CFR Ch. XII (10110 Edition) 1548.7 (viii) Other information requested by TSA concerning Security Threat As-sessments. (ix) A statement acknowledging and ensuring that each employee and agent will successfully complete a Security

30、Threat Assessment under 1548.15 be-fore authorizing the individual to have unescorted access to cargo. (2) Approval. TSA will approve the se-curity program by providing the indi-rect air carrier with the Indirect Air Carrier Standard Security Program and any Security Directive upon deter-mining that

31、 (i) The indirect air carrier has met the requirements of this part, its secu-rity program, and any applicable Secu-rity Directive; (ii) The approval of its security pro-gram is not contrary to the interests of security and the public interest; and (iii) The indirect air carrier has not held a secur

32、ity program that was with-drawn within the previous year, unless otherwise authorized by TSA. (3) Commencement of operations. The indirect air carrier may operate under a security program when it meets all requirements, including but not lim-ited to successful completion of train-ing and Security Th

33、reat Assessments by relevant personnel. (4) Duration of security program. The security program will remain effective until the end of the calendar month one year after the month it was ap-proved. (5) Requirement to report changes in in-formation. Each indirect air carrier with an approved security p

34、rogram under this part must notify TSA, in a form and manner approved by TSA, of any changes to the information sub-mitted during its initial application. (i) This notification must be sub-mitted to the designated official not later than 30 days after the date the change occurred. (ii) Changes inclu

35、ded in the require-ment of this paragraph include, but are not limited to, changes in the indirect air carriers contact information, own-ers, business addresses and locations, and form of business entity. (b) Renewal Application. Upon timely submittal of an application for re-newal, and unless and u

36、ntil TSA denies the application, the indirect air car-riers approved security program re-mains in effect. (1) Unless otherwise authorized by TSA, each indirect air carrier that has a security program under this part must timely submit to TSA, at least 30 calendar days prior to the first day of the a

37、nniversary month of initial ap-proval of its security program, an ap-plication for renewal of its security program in a form and a manner ap-proved by TSA. (2) The application for renewal must be in writing and include a signed statement that the indirect air carrier has reviewed and ensures the con

38、-tinuing accuracy of the contents of its initial application for a security pro-gram, subsequent renewal applications, or other submissions to TSA con-firming a change of information and noting the date such applications and submissions were sent to TSA, includ-ing the following certification: Name

39、of indirect air carrier (hereinafter the IAC) has adopted and is currently car-rying out a security program in accordance with the Transportation Security Regula-tions as originally approved on Insert date of TSA initial approval. In accordance with TSA regulations, the IAC has notified TSA of any n

40、ew or changed information required for the IACs initial security program. If new or changed information is being submitted to TSA as part of this application for re-approval, that information is stated in this filing. The IAC understands that intentional fal-sification of certification to an air car

41、rier or to TSA may be subject to both civil and criminal penalties under 49 CFR 1540 and 1548 and 18 U.S.C. 1001. Failure to notify TSA of any new or changed information required for initial approval of the IACs security pro-gram in a timely fashion and in a form ac-ceptable to TSA may result in wit

42、hdrawal by TSA of approval of the IACs security pro-gram. (3) TSA will renew approval of the se-curity program if TSA determines that (i) The indirect air carrier has met the requirements of this chapter, its security program, and any Security Di-rective; and (ii) The renewal of its security pro-gra

43、m is not contrary to the interests of security and the public interest. (4) If TSA determines that the indi-rect air carrier meets the requirements of paragraph (b)(3) of this section, it VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe

44、 on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-383 Transportation Security Administration, DHS 1548.7 will renew the indirect air carriers se-curity program. The security program will remain effective until the end of the

45、calendar month one year after the month it was renewed. (c) Amendment requested by an indirect air carrier or applicant. An indirect air carrier or applicant may file a request for an amendment to its security pro-gram with the TSA designated official at least 45 calendar days before the date it pro

46、poses for the amendment to become effective, unless the designated official allows a shorter period. Any in-direct air carrier may submit a group proposal for an amendment that is on behalf of it and other indirect air car-riers that co-sign the proposal. (1) Within 30 calendar days after re-ceiving

47、 a proposed amendment, the designated official, in writing, either approves or denies the request to amend. (2) An amendment to an indirect 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 if the proposed am

48、endment provides the level of secu-rity required under this part. (3) Within 30 calendar days after re-ceiving a denial of the proposed amend-ment, the indirect air carrier may peti-tion TSA to reconsider the denial. A petition for reconsideration must be filed with the designated official. (4) Upon

49、 receipt of a petition for re-consideration, the designated official either approves the request to amend or transmits the petition, together with any pertinent information, to the TSA for reconsideration. TSA will dis-pose of the petition within 30 calendar days of receipt by either directing the designated official to approve the amendment or by affirming the denial. (d) Amendment by TSA. TSA may amend a security program in the inter-