DOT 49 CFR PART 1549-2010 CERTIFIED CARGO SCREENING PROGRAM.pdf

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1、387 Transportation Security Administration, DHS 1549.3 (i) TSA may amend the Security Di-rective based on comments received. (ii) Submission of a comment does not delay the effective date of the Se-curity Directive. (5) Each indirect air carrier that re-ceives a Security Directive or Informa-tion Ci

2、rcular, and each person who re-ceives information from a Security Di-rective or Information Circular, must: (i) Restrict the availability of the Se-curity Directive or Information Cir-cular, and information contained in ei-ther document, to those persons with a need-to-know. (ii) Refuse to release t

3、he Security Di-rective or Information Circular, and in-formation contained in either docu-ment, to persons other than those with a need-to-know without the prior writ-ten consent of TSA. 71 FR 30516, May 26, 2006 1548.21 Screening of cargo. An IAC may only screen cargo for transport on a passenger a

4、ircraft under 1544.205 and 1546.205 if the IAC is a certified cargo screening facility as provided in part 1549. 74 FR 47706, Sept. 16, 2009 PART 1549CERTIFIED CARGO SCREENING PROGRAM Subpart AGeneral Sec. 1549.1 Applicability. 1549.3 TSA inspection authority. 1549.5 Adoption and implementation of t

5、he security program. 1549.7 Approval, amendment, renewal of the security program and certification of acertified cargo screening facility. Subpart BOperations 1549.101 Acceptance, screening, and transfer of cargo. 1549.103 Qualifications and training of indi-viduals with security-related duties. 154

6、9.105 Recordkeeping. 1549.107 Security coordinators. 1549.109 Security Directives and Informa-tion Circulars. 1549.111 Security threat assessments for personnel of certified cargo screening fa-cilities. AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44905, 4491344914, 4491644917, 44932, 44935 44936, 4

7、6105. SOURCE: 74 FR 47706, Sept. 16, 2009, unless otherwise noted. Subpart AGeneral 1549.1 Applicability. This part applies to each facility ap-plying for or certified by TSA as a cer-tified cargo screening facility to screen cargo that will be transported on a pas-senger aircraft operated under a f

8、ull program under 49 CFR 1544.101(a), or a foreign air carrier operating under a program under 49 CFR 1546.101(a) or (b). 1549.3 TSA inspection authority. (a) Each certified cargo screening fa-cility must allow TSA, at any time or place, in a reasonable manner, without advance notice, to enter the f

9、acility and make any inspections or tests, in-cluding copying records, to (1) Determine compliance of a cer-tified cargo screening facility, airport operator, foreign air carrier, indirect air carrier, or airport tenant with this chapter and 49 U.S.C. 114 and Subtitle VII, as amended; or (2) Carry o

10、ut TSAs statutory or reg-ulatory authorities, including its au-thority to (i) Assess threats to transportation; (ii) Enforce security-related regula-tions, directives, and requirements: (iii) Inspect, maintain, and test the security of facilities, equipment, and systems; (iv) Ensure the adequacy of

11、security measures for the transportation of pas-sengers and cargo; (v) Oversee the implementation, and ensure the adequacy, of security meas-ures at airports and other transpor-tation facilities; (vi) Review security plans; and (vii) Carry out such other duties, and exercise such other powers, relat

12、ing to transportation security as the Assist-ant Secretary of Homeland Security for the TSA considers appropriate, to the extent authorized by law. (b) At the request of TSA, each cer-tified cargo screening facility must provide evidence of compliance with this chapter, including copying records. (c

13、) TSA and DHS officials working with TSA may conduct inspections under this section without access VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking per

14、mitted without license from IHS-,-,-388 49 CFR Ch. XII (10110 Edition) 1549.5 media or identification media issued or approved by a certified cargo screening facility or other person, except that the TSA and DHS officials will have identification media issued by TSA or DHS. 1549.5 Adoption and imple

15、mentation of the security program. (a) Security program required. No per-son may screen cargo to be tendered to an aircraft operator operating under a full program under part 1544, a foreign air carrier operating under 1546.101(a) or (b), or an indirect air carrier oper-ating under 1548.5 for carria

16、ge on a passenger aircraft, unless that person holds and carries out an approved secu-rity program under this part. (b) Content. Each security program under this part must (1) Provide for the security of the air-craft, as well as that of persons and property traveling in air transpor-tation against

17、acts of criminal violence and air piracy and against the intro-duction into the aircraft of any unau-thorized explosive, incendiary, and other destructive substance or item as provided in the certified cargo screen-ing facilitys security program; (2) Be designed to prevent or deter the introduction

18、of any unauthorized explosive, incendiary, and other de-structive substance or item onto an aircraft; and (3) Include the procedures and de-scription of the facilities and equip-ment used to comply with the require-ments of this part. (c) Employees and agents. The cer-tified cargo screening facility

19、 must en-sure that its employees and agents carry out the requirements of this chapter and the certified cargo screen-ing facilitys security program. (d) Facilitys security program. The certified cargo screening facility stand-ard security program together with ap-proved alternate procedures and ame

20、ndments issued to a particular fa-cility constitutes that facilitys secu-rity program. (e) Availability. Each certified cargo screening facility 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 secu

21、rity program, or appropriate implementing instructions, at its facility. An elec-tronic 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 securit

22、y program to persons with a need to know, as de-scribed in part 1520 of this chapter. (5) Refer requests for such informa-tion by other persons to TSA. 1549.7 Approval, amendment, re-newal of the security program and certification of a certified cargo screening facility. (a) Initial application and

23、approval. (1) Application. Unless otherwise au-thorized by TSA, each applicant must apply for a security program and for certification as a certified cargo screening facility at a particular loca-tion, in a form and a manner prescribed by TSA not less than 90 calendar days before the applicant inten

24、ds to begin operations. TSA will only approve a fa-cility to operate as a CCSF if it is lo-cated in the United States. The CCSF application must be in writing and in-clude the following: (i) The business name; other names, including doing business as; state of in-corporation, if applicable; and tax

25、iden-tification number. (ii) The name of the senior manager or representative of the applicant in control of the operations at the facil-ity. (iii) A signed statement from each person listed in paragraph (a)(1)(ii) of this section stating whether he or she has been a senior manager or rep-resentativ

26、e of a facility that had its se-curity program withdrawn by TSA. (iv) Copies of government-issued identification of persons listed in para-graph (a)(1)(ii) of this section. (v) The street address of the facility where screening will be conducted. (vi) A statement acknowledging and ensuring that each

27、 individual and agent of the applicant, who is subject to training under 1549.11, will have successfully completed the training outlined in its security program before performing security-related duties. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Y:SGML220220

28、.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-389 Transportation Security Administration, DHS 1549.7 (vii) Other information requested by TSA concerning Security Threat As-sessments. (viii) A statement ack

29、nowledging and ensuring that each individual will suc-cessfully complete a Security Threat Assessment under 1549.111 before the applicant authorizes the individual to have unescorted access to screened cargo or to screen or supervise the screening of cargo. (2) Standard security program and as-sessm

30、ent. (i) After the Security Coordi-nator for an applicant successfully completes a security threat assess-ment, TSA will provide to the appli-cant the certified cargo screening standard security program, any secu-rity directives, and amendments to the security program and other alternative procedure

31、s that apply to the facility. The applicant may either accept the standard security program or submit a proposed modified security program to the designated official for approval. TSA will approve the security program under paragraphs (a)(3) and (a)(4) of the section or issue a written notice to mod

32、ify under paragraph (a)(4) of this section. (ii) An applicant must successfully undergo an assessment by a TSA-ap-proved validation firm under 49 CFR part 1522 or by TSA. (3) Review. TSA will review a facility at a particular location to determine whether (i) The applicant has met the require-ments

33、of this part, its security pro-gram, and any applicable Security Di-rective; (ii) The applicant has successfully undergone an assessment by a TSA-ap-proved validation firm under 49 CFR part 1522 or by TSA; (iii) The applicant is able and willing to carry out the requirements of this part, its securi

34、ty program, and an ap-plicable Security Directive; (iv) The approval of such applicants security program is not contrary to the interests of security and the public in-terest; (v) The applicant has not held a secu-rity program that was withdrawn with-in the previous year, unless otherwise authorized

35、 by TSA; and (vi) TSA determines that the appli-cant is qualified to be a certified cargo screening facility. (4) Approval and certification. If TSA determines that the requirements of paragraph (a)(4) of this section are met and the application is approved, TSA will send the applicant a written not

36、ice of approval of its security program, and certification to operate as a cer-tified cargo screening facility. (5) Commencement of operations. The certified cargo screening facility may operate under a security program when it meets all TSA requirements, includ-ing but not limited to a validation b

37、y TSA or a TSA-approved validation firm, successful completion of training, and Security Threat Assessments by relevant personnel. (6) Duration of security program. The security program will remain effective until the end of the calendar month three years after the month it was ap-proved or until th

38、e program has been surrendered or withdrawn, whichever is earlier. (7) Requirement to report changes in in-formation. Each certified cargo screen-ing facility under this part must notify TSA, in a form and manner approved by TSA, of any changes to the informa-tion submitted during its initial appli-

39、cation. (i) The CCSF must submit this notifi-cation to TSA not later than 30 days prior to the date the change is expected to occur. (ii) Changes included in the require-ment of this paragraph include, but are not limited to, changes in the certified cargo screening facilitys contact in-formation, s

40、enior manager or rep-resentative, business addresses and lo-cations, and form of business facility. (iii) If the certified cargo screening facility relocates, TSA will withdraw the existing certification and require the new facility to undergo a valida-tion and certification process. (b) Renewal App

41、lication. Upon timely submittal of an application for re-newal, and unless and until TSA denies the application, the certified cargo screening facilitys approved security program remains in effect. (1) Unless otherwise authorized by TSA, each certified cargo screening fa-cility must timely submit to

42、 TSA, at VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-390 49 CFR Ch. XII (10110 Edition) 1549.7 least 30 cal

43、endar days prior to the first day of the 36th anniversary month of initial approval of its security pro-gram, an application for renewal of its security program in a form and a man-ner approved by TSA. (2) The certified cargo screening fa-cility must demonstrate that it has successfully undergone a

44、revalidation of its operations by a TSA or a TSA-ap-proved validation firm prior to the first day of the 36th anniversary month of initial approval of its security pro-gram. (3) The application for renewal must be in writing and include a signed statement that the certified cargo screening facility

45、has reviewed and en-sures the continuing accuracy of the contents of its initial application for a security program, subsequent renewal applications, or other submissions to TSA confirming a change of informa-tion and noting the date such applica-tions and submissions were sent to TSA, including the

46、 following certifi-cation: Name of certified cargo screening facility (hereinafter the CCSF) has adopted and is currently carrying out a security program in accordance with the Transportation Security Regulations as originally approved on Insert date of TSA initial approval. In accordance with TSA r

47、egulations, the CCSF has notified TSA of any new or changed information re-quired for the CCSFs initial security pro-gram. If new or changed information is being submitted to TSA as part of this application for reapproval, that information is stated in this filing. The CCSF understands that intentio

48、nal falsification of certification to an aircraft operator, foreign air carrier, indirect air car-rier, or to TSA may be subject to both civil and criminal penalties under 49 CFR part 1540 and 18 U.S.C. 1001. Failure to notify TSA of any new or changed information required for initial approval of th

49、e CCSFs security program in a timely fashion and in a form acceptable to TSA may result in withdrawal by TSA of approval of the CCSFs security program. (4) TSA will renew approval of the se-curity program if TSA determines that (i) The CCSF has met the require-ments of this chapter, its security pro-gram, and any Security Directive; and (ii) The renewal of its security pro-gram is not contrary to the interests of security and the public i