14 CFR Ch. I 0-1-01 Edition) ^ Federal Aviation Administration, DOT §107.

S 105.33, must promptly notify the PAA (b) Each person making a. parachute (2) The auxiliary mast have been (1) A paraohute manufactured under
air -traffic control facility or FA A )nmp between sunset and sunrise shall packed by a certificated and appro- a type certificate or a technical stand-
night service station from which It re- display the light required by pau-agraph priately rated parachute rigger: ard order (C-23 series); or . .
quested authorization or which It noti- (a) of this section from the tirne that (i) Vmhln 120 days before the date of (2) A personnel-carrying military
fied, It the-proposed or scheduled Jump- person exits the aircraft until tha.fc per- use, If its canopy, shroud, and harness paxaohute (other than a hlrh altitude,
tup activity is canceled or postponed. son reB-ab.es the surface. :< s are composed exclusively of nylon, high-speed, or ejection kind) identified
rayon, or other similar feynthatic fiber by an NAP, AAF, or AN drawing num-
POO. No. TOM, 31 PR 1S613. D*e. 28, 1SB8. a* tDoo. No. 1638J, 43 FR 2364.1. Mas 25.1978] or material that is substantially resist- ber, an AAF order number, or any
amaudBS by Amdl. 105-6, U FR 47289. Oct-. 38, other military designation or specifics^
1918; Ajndt. 105-8. 61 PR 21901. June 17, 1BB6] 5 195.35 Liquor and drug:;. ant to daTnafre from mold, mildew, or
other' fungi and other rotting agents blon number.
§105.2,7 Jumps over or within re- No peraon may make a parachute propagated. in a moist environment; or [Doc. No. 1W1, 21 FR JL636, Nov. 27, ISK as
stricted or prohibited areas. lump while, and no pilot In command (ii) Within 60 days before the date or amended by Amdt. 106-3. SJ TR 0491 June B.
of an aircraft may allow a person to use. if it Is composed In any amount of 1MB; Anidt. 106-7, « FR 23841. Ma.y 25. 19TO]
No. peraon may "make a parachute make a, parachote jump from that, al,r.-
lump, and no pilot tn command may allk, pongee, or other natural fiber, or
allow a parachute jump to be made craft if that person appears to be: "J material not specified in paragraph PART 107—AIRPORT SECURITY
from that aircraft, over or within a re- (a) Under the Influence 'of intoxi;- (a)(2)(t) of this section.
sbrlcbbd area or prohibited area iialess oa-Ung liquor; or -: (b) No person may make a parachute Sea.
tihB controlling agency of the area con- (b) Using any drug that affects his Jump using- a static line attached to 1OT-1 ApplicaWHty Mid definitions.
oeruelibas authorized that iurnp. faculties in any way contrary to safe- the aircraft aad tha main parachute
ty. unless an assist devioe, described and 107,0 Security program.
5106,29] Flight visibility and clearance 107.6 Approval of aaanrlbjr program.
attached as follows, is used to aid tha ltn.7 Obangea conditions allecting
fro'io clouds requirements. 6 105.87 Inspections. pilot chute in performing; Its function, lffl.9 .AmBudmeDt of security program by
No" person may make a parauhuta The Administrator may inspect (In- or, if no pilot chute is used, to aid In airport operator.
}ftmp, and lio pilot in command of au cluding inspections at the jump site), the direct deployment of the main 107.11 Amendment of security program by
alrcra.Il may allow a parachute jump to any parachute jump operation to whloh parachute canopy.
be made from that aJrcraft— this part applies, to determine compli- (1) The assist device mast lie long 107.13 Security of air operations area.
(a.) ifkto or through a cloud; or ance with the regulations of this par6. 107 .14 Access control system.
•*•» enough to allow the container to open 107.15 Law enforcement support.
(b) When the night visibility IB laes. before a Load is placed on the device, 1OT.17 La.vr enforoBineut oBJcera.
or a,b a. distance from clouds tha.t IB Subparl C—Pafachule Equipment (2) Tha assist device must ha? a a. 107.19 Use ol Federal lav enforcement offi-
less, than "that prescribed In the fol- static load strength of— cers.
lowing table: §106.41 Applicability. * (I) At least 28 pounds but not more 107.10 Submission to Eoreenlnff.
than 160 pounds, If it is used to aid the 107.21 CarrlagB ol an explosive, Incendiary,
- (a) Except as provided in paragraph or deadly or da-Dgaraus weapon.
MIDuili
"jfi.*-
Hilly Dfslance ln>m douds (b) of this section, this aabpart orOj- pilot clwfce In performing its function; 107.23 Records.
(Bfc&lulft
rules) scribes rules governing na-rachut§ or 1OT.25 Airport Idenl-lflc&Uon media.
equipment used In parachute jumps (jo (II) At least 56 pounds bub not more 1W7.ZI Evidence of compliance,
(l)l,2aOlM)cwTMI a SOD feel IntoH. l.COO
which this part applies. . ..Jtl than 320 pounds, If it is used to aid in 107.29 AJr port Eaouilty CoonBna tor.
abova BIB surfaca 10- lad at»,B. 2.0W1 107.31 Employmenb biatory. verUioaUon and
ganfefiB ofl Ite TAE1 laet Iwrtjoolal. (b) This subpart doea not apply to a the direct deployment of the main
parachute canopy. criminal history records checks.
altlilds. parachute jump made by a, member ol
(2) Uam IKai 1^00 3 600 1«A IttOH. 1,000 an Armed Force using parachute eqvilps- (3) The assist device must be a.t- AUTHOHVTV: 49 U.S.C. 106(g). M03. 40113.
fad abovi ma aur- leal atnva. 2.00O
ment of an Armed Force. 1V119, 4<17«l-4i7m. MTflS. 44901-44805, 44007,
Faca but lasa Ihan leol IwrlMnhil. 44913-14914. 141132, •44S3&-44933, 4G10B, Baa. 305.
10.000 hulMSL (I) At one end, to the static line Pub. L. 101-264, 110 Stab. 3213.
(1) Van than \j)A $ I.OOOIeelbetow. IflCO § 105.43 Parachute equipment and above the static line pins, or. If static
faet abcn lhe xur- hel aboM. 1 irlla packing requirements. ".'is- plus are not used, above tha static line
[BM Mid at ol alloys tUKtzmtgl.
S 10T.1 Applicability and definitions.
lO.OOOtetfMSt.. (a) Mo pet-son may mate a paraohvi^e ties to the parachute cone; and (a) This pact prescribes aviation se-
jump, and no pilot 1n conaTnandjOf.r-ja$- (II) At the other end, to the pilot curity rules governing—
(Doo. Ho, 9937. 36 FR8T7&. May 13.1971] airoraft may aJlov/ any person to ma.lje chute a.pex. bridle cord or bridle loop. (1) The operation of each airport reg-
a parachute jump from that aircraft;- or, If tto pilot chute is used, to the ularly serving the scheduled "passenger
S 105.33 Parachute jumps between siltt- unless that person is wearing a sjngle- main parachute canopy. operations of a certificate holder re-
sat and sunrise. harness dual parachute pact..having a); (o) No person may attach an assist quired to have a security program by
(a) No person may make a. parachute least one main pa-raAhnte and one.ajg. device required by paragraph (b) of this § J 08 ,fi< a.) of this chapter; .
Jump, and no pilot; in command, of an proved auxiliary paraohute that law.- section to any main paraohute unless (2) Tha operation of e&oh airport reg--
aircraft ma.y allow any person to make packed as follov^s: •• ~-fi- he has a current parachube rigger cer- ularty serving scheduled passengsr op-
a parachute Jump from that aircraft, (1) The main parachute must hfavff' tificate Issued under part 66 of this erations of a foreigrn air carrier re-
between sunset and sunrise, unless that bean packed by a. certifioated yaj-a1- chapter or is tha parson who makes the quired to have a security program by
person Is equipped with a, means of pro- chute rigger, or by the person • rnaMng' •)VUiip with that parachute. §129.25 of this chapter;
ducing a light visible lor at least 3 the jump, \vlbhin 120 days before' &li£ . (d) For the purpose of this section, an (3) Bach person who Is in or entering
statute miles. date of its use. -ji!io( approved paracbu be is: a sterile area on an airport described in
 §107.2
paragraph (a)(l) or (a)(2) of this sec-
tion; and
(4) Bach pea-son who files an applica-
tion or makes entries Into any record
or report that is kept, made, or uaed to
show compliance under this part, or to
exercise any privileges under this part.
(b) For purposes of. this part—
(1) AiTpori operator means a person
who operates an airport regularly serv-
ing scheduled passenger operations of a
certificate, holder or a foreign air car-
rier required to have a security pro-
gram by U08.B(a) or §129.25 of thia
chapter;
(2) Air Operation* Area means a por-
tion of an airport designed and used for
landing', taking off. or surface maneu-
vering of airplanes;
(3)'Escort means to accompany or su-
pervise an individual who does not
have? unescorted access authority to
areaSi restricted for security purposes,
aa Identified in the airport security
program. In a manner sufficient to
take action should tha Individual en-
gaga, in activities other than those for
whlah the escorted access is granted.
The responsive actions can be taken by
the escort or other authorised indi-
vidual.
O (4) Exclusive, area means that part of
an air operations axea. for which ati air
carrier has agreed in ITT!ting with, the
airport operator to exercise exclusive.
security responsibility under an ap-
proved security program or a security
program uaed in accordance with
$129.25;
(5) Law flti/orceuient officer means an
individual who meate the requirements
of Slff7.11; and
(6) Sterile area means an area to
which access la controlled by the in-
spection of persons and property in ac-
cordance with an approved security
program or a security program used In
accordance with $139.25.
(Doe. Mo. 16145. 43 FR 80192. Dee. 28. IB7B, as
amended by Amdt,. 107-1, 46 ma78&, Jan. 15,
1981; Amdb. 1(17-1, 60 FR Slflffl, Oct. 3, 1B9J-,
Amdt. W7-9. a FB-emi, Dee. 3.1996]
$107.2 Falsification.
Mo person may make, or cause to be
made, any of the following:
(a) Any fraudulent or intentionally
falsa statement In any application for
any security program, access medium.
14 CFR Ch; 1 (1-1-01 Edition)
or Identification medium, or any
amendment thereto, -under this part, j.~
(b) Any fraudulent or intentionally
false entry In any record or report that
Is kept. made, or used to show compli-
ance with this part, or exercise any
privileges under this part.
(0) Any reproduction or alteration,
for fraudulent purpose, of any report
record, security program, access me-
liliuu, or Identification medium Issued
under this part.
(Doc. No. Z3M5. SI FB. 64244. Dec. 3,199ff|
§ 107.3 Security program.
(a) Mo airport operator may operate
an airport subject to this part unless it
adopts and carries out a security pro-
gram that—
(1) Provides for the safety of persons
and property traveling in air transpor-
tation and intrastate air transpor-
tation against acts of criminal violence
and aircraft piracy;
(3) Is in writing- and signed by the
airport operator or any person to
whom the airport operator has dele-
gated authority in this matter;
(3) Includes the Items listed In para-
graph (b). (0, or (g) of this section, as
appropriate; and
(4) Has b&en approved by the Director
of Civil Aviation Security.
(b) For each airport subject to this
part regularly serving scheduled pas-
senger operations conducted in air-
planes having a passenger seating con-
figuration (as defined in $108.3 of this
section of this chapter) of more than 60
seats, the security program required by
paragraph (a) of this section must In-
clude at least the following:
(1) A description of each air operr
ations area, including its dimensions.
boundaries, and pertinent features.
(2) A description of each area on or
adjacent to. the airport which affects
the security of any air operations area.
(3) A description of eaoh exclusive
area, including its dimensions, bound-
aries, and pertinent features, and tile
terms of the agreement establishing
the area,
(4) The procedures, and a des/ortjition
ol the facilities and equlpment.jused to
perform the control functions specified
In $i07.13(a) by the airport operator
and by each air carrier having security
responsibility over an exclusive assa..'-
Federal Aviation Admlnlsltatlon, DO!
(6) The procedures eaoh air carrier
having security responsibility over an
exclusive area, will use to notify the
airport operator when the procedures,
facilities, and equipment it uses are
not adequate to perform the control
functions described In §WM3(a).
(B) A. description of the alternate se-
curity procedures, if any, that the air-
port operator intends to use In emer-
gencies an<l other unusual conditions,
CO A description at the law enforce-
ment support necessary to comply with
6107.16.
(B) A description of tha training pro-
gram for law enforcement officers re-
quired by |!07.n.
(9) A description of the system for
maintaining the. records described In
5107.23.
(c) The airport operator may comply
with paragraph (b), (0, or (g) of this
section by including IB the security
program as an appendix any document
which contains the Information re-
quired by paragraph (b), (0, or (g) of
this section.
(d) Bach airport operator sha.ll main-
tain a.t least one complete copy of its
approved security program at Its prin-
cipal operations office, and shall make
It available for Inspection upon the ra-
queat of any Civil Aviation Security
Special Agent.
(el Each airport operator shall—
(1) Restrict the distribution, disclo-
sure, and availability of sensitive secu-
rity Information, as defined In part 191
of this chapter, to persons with a nead-
to-know; and
C2) Refer requests tor security sen-
sitive tuformation by other persons to
the A&stetant Administrator (or Civil
Aviation Security.
(i) For each airport subject to this
pa-rt regularly sewing scheduled pas-
senger operations conducted in air-
planes having a passenger seating con-
figuration (as defined in §10.3 of this
chapter) of more than 30 but less than
fil seats, the security program required
by paragraph (a) o( this section must
Include at least the following::
(1) A description of the law enforce-
ment support necessary to comply with
§HrT.l&(b), and the procedures which
the airport operator has arranged to be
used by the certificate bolder 01 for-
§ 107.5
eign air carrier to summon that sup-
port.
(2) A description of the training pro-
gram for law enforcement oDioers re-
quired by § iff?. 17.
(3) A description of the system lor
maintaining the records deeorlbed in
§107,23.
(g) For eaxih airport subject, be this
part wheura the. certificate holder or for-
eign air carrier Is required to conduct
passenger screening under a security
program required by §I08.6(a) (2) or (3)
or § 128.26(b) (2) or (3) of this chapter, or
conducts screening under a security
program being carried out pursuant to
§i08.5(b), as appropriate, the security
program required by paragraph (a) of
this section must Include at least the
following:
(1) A description of the law enforce-
ment support necessary to comply with
$107.15.
(2) A description of the training pro-
gram for law enforcement officers re-
quired by S1OT-17-
(3) A dfi&criptloji of the system tor
maintaining the records described in
4107.23.
LDoc. No. 16345, 43 FR SOTO2, Dec. 28. ]DTO. as
amended by Atudt. 1OT-), IS FR 37»5, Jan. IS,
IflBJ; Amrtt. 107-4, 64 PR 2M85, July •?. 1039;
AAldt. 147-10. 62 FR 13714, Mar. 21.1997]
$ 107.5 Approval of security program.
(a) Unless a shorter period is allowed
by the Director af Civil Aviation Secu-
rity, eacsh airport operator seeking ini-
tial approval of a security program for
an airport subject to this part shall
submit the proposed program to the Di-
rector of Oivll Aviation Security at
least 90 days before B,ny scheduled pas-
senger operations are expected to begin
by any certificate holder or permit
holder to whom §m.KIB or ? 139.25 of
this chapter applies.
(b) Within 3D days after receipt of a
proposed security program, the Dlreu-
bor of Civil Aviation Security either
approves the program or gives the air-
port operator written notice to modify
the program to make it conform to the
applicable requirements ol this part.
(c) Aftar receipt of a notice to mod-
ify, the airport operator may either
submit a modified security program or
petition the Administrator to recon-
sider the- notice to modify. A petition

for reconsideration must be filed with
the Director of Civil Aviation Security.
(d) Upon receipt of a petition Tor re-
consideration, the Director or Civil
Aviation Security reconsiders the no-
tice to modify and either amends or
o withdraws the notice or transmits the
petition, together with any pertinent
Information, to the Administrator for
consideration.
(a) Alter review of a. petition for re-
consideration, the Administrator dis-
poses of the petition by either direct-
ing the Director of Civil Aviation Secu-
rity to withdraw or amend the notice
to modify, or by affirming the notice to
modify.
(Do«, Nq. 1BZ4S. 43 FR 6WS2, Deo. 28, 1W8. as
amended by Anidt. 107-6, M FR 28785, July 7.
MB8J
$10*7.7 Changed conditions affecting
ttaouxity.
<a) Alter approval ol the security pro-
gram, the airport operator shall follow
the procedural presciitjed in paragraph
(b)^of this section whenever it deter-
mines that any x>f the following
changed conditions has occurred;
(1) Any description of an airport area
set oat in the security program In ac-
cordance with 8101.3(b) (1), (2), or (3) Is
no longer accurate.
o (2) The procedures Included, and the
facilities and equipment described, in
c_>
i I the security program In accordance
O with §107.3(0) (4) and (6) are not ade-
quate for the control functions de-
scribed In §107. IS(a).
(3) The airport operator changes any
alternate security procedures described
in the security program in accordance
with §107.3(b)(B).
(4) The law enforcement, support de-
scribed In the security program In ac-
cordance with 5107.3 <bX7), (f)CU, or
(frt<l) Is not adequate to comply with
§107.15.
(5) Any changes to the designation of
the Airport Security Coordinator
(ASC) reoulred under § 107.29.
(b) Whenever a changed condition de-
scribed In paragraph (a) of thla section '
occurs, the airport operator shall—
(!) Immediately notify the FAA secu-
rity office having- Jurisdiction over the
14 CFR Ch. I (1-1-01 Edition) 5
airport of the changed condition,'and
identify each interim measure b6hfg
taken to maintain adequate security
until an appropriate amendment to' the
security program Is approved; and ""
(3) Within 30 days after notifying the
FAA in accordance with paragraph
(b)(l> or this section, submit for ap-
proval in accordance with §107.9 -an
amendment to the security program to
bring It into compliance with this pari,
(Doo. Wo. 16M5. « PR 60092, Deo. 2B. 1OT8, as
amended by Anutt. 10?-1. 4S Fft Sim. Jan. 15,
ISB1; 46 FR a8ftS3. July 13, 1981; Amdt. 1OT-B, 58
FR4U24. M\f. M. 19911
§107.9 Amendment of security pro-
gram by airport operator.
(a) An airport operator requesting
approval of a proposed amendment to
the security program shall suhmit the
request bo the Director of Olvii Avia-
tion Security. Unless a shorter period
is allowed by the Director of Civil
Aviation Security, the request must he '
submitted at least 30 days before the
proposed affective date.
(b) Within Id days alter receipt of a
proposed amendment, the Director ol
Civil Aviation Security Issues bo the
airport operator, in writing, either an
approval or a denial oC the request.
(c) An amendment, to a security pro-
gram Is approved if the Director of
Civil Aviation Security determines
that—
(1) Safety and the public Interest Trill
allow it, and • :
(2) The proposed amendment provides
the level of security required by §107.3.
(d) After denial of a. request for an
amendment the airport operator may
petition the Administrator to recon-
sider the denial. A petition Cor recon-
sideration must be filed with the Direc-
tor of Civil Aviation Security. "|S-
(e) Upon receipt of a petition for*re-
oonalderation the Director of drv.ll
Aviation Security reconsiders the
nlal and either approves tha prop
amendment or transmits the petition,
together with any pertinent infornW-
Uon. to the Administrator for consider-
ation.
Federal Aviation Administration, DOT §107.13
-. (0 After review of a petition for re- (e) After review of a petition for re-
consideration, the Administrator dis- consideration, the Administrator dis-
poses of the petition by either direct- poses of the petition hy directing the
Ing the Director of Civil Aviation Secu- Director of Civil Aviation Security to
rity to approve the proposed amend- rescind the notice of amendment or to
ment or affirming the denial. issue the amendment as proposed or in
[Doo. No. 16245, 41 PR 6OT92. Deo. 28. IS76, &B
modified form.
jimeudwl bs Amdt. 107-5. 51 Pa 2ff?«. July t. (I) If the Administrator or the Direc-
tor of Civil Aviation Security finds
1MB]
that there is on emergency requiring
S 107.11 Amendment of security pro- immediate action that makes the pro-
gram hyPAA, cedure In paragraph (b) of this section
(a) The Administrator or Director of impracticable or contrary to the public
Civil Aviation Security may amend' an Interest, an amendment may be issued
approved security program for an air- effective without stay on the date the
port, U it Is determined that safety and airport operator receives notice of it.
the public Interest require the amend- In such a case, the Administrator or
ment." the Director of Civil Aviation Security
Incorporates in the notice ot the
(b) Except In an emergency as pro-
vided In paragraph (0 of this se'ction, amendment the finding. Including a
when the Administrator or the Direc- brief statement of the reasons for the
tor of Civil Aviation Security proposes emergency and the used for emergency
to amend a security program, a notice action.
of the proposed amendment is issued to iDac. No. IB2i5. 43 FR 607S2, Dec.. JB, IOT1, as
the airport operator, in writing, fixing amende* by Amdt. 107-6, M FR 2am. July 7,
a period of not less than 30 days within 1989)
which the airport operator may submit
•written information, views, and argu- 1107.13 Security of air operations
ments on the amendment. After consid- area.
ering all relevant material, Including (a) Except as provided in paragraph
that submitted by the airport operator, (b) of this section, each operator of an
the Administrator or the Director of airport serving1 scheduled passenger op-
Ci-vil Aviation Security either rescinds erations where the certificate holder or
the notice or notifies the airport oper- foreign air carrier is required to con-
ator In writing of any amendment duct passenger screening under a pro.-
adopted, specifying- an effective date . gram required by §10B.6(aXD or
not less than 30 days after receipt of §i29.25(bXl) o* this chapter as appro-!,
the notice of amendmentby the airport priate shall use the procedures in-
operator. cluded, and the facilities and equip-
(c) Alter receipt ol a. notice of amend- ment described, in Its approved secu-
ment from a Director of Civil Aviation rity program, to perform the following
Security, the airport operator may pe- control (unctions:
tition the Administrator to reconsider (1) Controlling access bo each air op-
the amendment. A petition for recon- erations area, including methods for
sideration must be filed with the Direc- preventing the entry of unauthorised
tor of Civil Aviation Security. Bxcept persons and ground vehicles.
in an emergency as provided tn para- (3) Controlling movement of persons ons~
op-
graph (I) of this section, a petition for and ground vehicles within each air op-
reconsideration slays the amendment erations area, Including-, when appro- >ro-
.until the Administrator takes iinal ac- priate, requirements for the display of
tion on the petition. identification.
(d) Upon receipt of a petition for re- (3) Promptly detecting and taking ac-
consideration, the Director of Oivll tion to control each penetration, or at-
Aviation Security reconsiders the tempted penetration, ol aa air oper-
amendment &nd either rescinds or ations area hy a. person whose entry is
modifies the amendment or transmits not authorized in accordance with the
the petition, together with any perti- security program.
nent Informal!on, to the Administrator (b) An airport operator need not com-
for consideration. ply with paragraph (a) of this section
 §107.14
with respect to an air carrier's exclu-
sive araa, if the airport operator's secu-
rity program contains—
(1) Procedures, and a description or
t-be facilities and equipment, used by
the air carrier to per/own the control
functions described In paragraph (a) of
this section; and
(2) Procedures by which the air car-
rier will notify the airport operator
when its procedures, facilities, and
equipment are not adequate to perform
die control functions described In para-
graph, (a) of this section.
[Doc. Mo. l«M5. 43 PR 60792, Deo. 28, 197B. va
ainsDded toy AmdC. 11/7-1, '46 FK 3786. J&n. IS.
1631; Antdt. 107-3. 47 FB 13318. Mar. 29. 1983)
5107.14 Access control system.
(a)*-Exoept as provided In paragraph
(b) ofj this section, each operator of an
airport regularly serving scheduled
yiaaseilger operations conducted in air-
planes having a passenger seating con-
figuration (as defined iu §108.3 of bhla
chapter) of more than 60 seats shall
submit to the Director of Civil Avia-
tion Security, Tor approval and inclu-
sion in Ha approved security program,
an amendment to provide for a, system,
method, or procedure which meets the
O requirements specified In this para-
graph for controlling access to secured
areas of the airport. The system, meth-
O
od, or procedure shall ensure that only
those persons authorized to have access
1I
to secured areas by the ajrport opera-
O <3) By February 8, 1990. or by 12
tor's security'program are able to ob-
tain that access and shall specifically
oo
provide a. means to ensure tha.t such
access IB denied immediately at the ac-
cess point or points to Individuals
whose authority to have access
changes. The system, method, or proce-
dure shall provide a means to differen-
tiate between persons authorized to
have* access to only a particular por-
tion of the secured areas and persons
authorized to have access only to other
portions or to the entire secured area.
The system, method, or procedure shall
be capable of limiting an individual's
access by time and date.
<b) The Director of Olvll Aviation Se-
curity will approve an amendment to
an airport operator's security program
that provides for the nse of an altar-
native system, method, or procedure If,
iu the Director's Judgment, the alter-
14CFRCh. I (l-T-01 Ediffon)
native would provide a.n overall level of
security equal to that which would be
provided by the system, method, or
procedure described in paragraph (a,) of
this section.
(c) Each airport operator shall sub-
mit the amendment to Its approved se-
curity program required by paragraph
(a) or (b) of this section according' to
the following schedule:
Cl) By August 8, 1989, or by 6 months
after becoming subject to this section,
whichever is later, for airports where
at least 26 million persons are screened
annually or airports that have been
designated by the Director of Civil
Aviation Security. The amendment
shall specify that the system, method,
or procedure must be fully operational
wi thin . 18 months after the date cm
which an airport operator's amend-
ment to its approved security program
Is approved by the Director ot Civil
Aviation Security.
(2.) By August B. 1989, or by 6 months
after becoming subject to this section,
whichever Is later, for airports wrjere
more than 2, million persons '"are
screened annually. The amendment
shall specify that the system, method,
or procedure must be fully operational
within 24 months after tba date. OB
which an airport operator's amend-
ment to its approved security program
is approved by the Director of Civil
Aviation Security.
months after becoming subject bo this
section, whichever Is later, for altports
where at least 500,000 but not more
than 2 million persona are screened an-
nually. The amendment shall specify
that the system, method, or procedure
must be folly operational within 30
mouths after the da be oo which an eJi--
port operator's amendment to its ap-
proved security program Is approved by
trie Director of OivJl Aviation Security.,.
(4) By February 8. 1990. or by 12
months after becoming- subject to this
section, y/hlchever is later, for airports
where )esa than 50(1,000 persons are
screened annually. The amendment
aha.ll specify that the system, method,
or procedure must be fully operational
within 30 months after the date oa
\vhtoh an all-port operator's amend-
ment to its approved security program
Federal Avlalion Administration, DOT
is approved by the Director of Civil
Aviation Security.
•(d) Notwithstanding paragraph (c) of
this section, an airport operator of a
newly constructed airport commencing
Initial operation after December. 31,
1S90, as an airport subject to paragraph
(a) of this section, shall include as part
of its original airport security program
to be submitted to the FAA for ap-
proval a. Tolly operational system,
method, or procedure In accordance
with this section.
[Doc.. No. 25569. M TO. £88. Jan. 6.19B»)
§ 107.15 Law enforcement support,
(a) Eaah airport operator shall pro-
vide law enforcement officers In the
number and In a manner adequate to
support—
(1) Its security program; and
(2) Each passenger screening system
required by part 108 or §129.35 of this
chapter.
(b) Por sobedulad or public charter
passenger operations with airplanes
having a passenger seating; configura-
tion (as defined in §108.3 of this chap-
tor) of more than 30 but leas than 61
seats for which a passenger screening
system is not required, each airport op-
erator shall ensure that law enforce-
ment officers ar» available and com-
mitted to respond to an Incident at the
request of a certificate holder or for-
eign air carrier and shall ensure that
the request procedures are provided to
the certificate holder or foreign air
carrier.
[Doc Mo. 109.18 m37«8. Jan. 15, I&S11
§107.17 Law enforcement officers.
(a) No airport operator may use, or
arrange for response by, any person as
a, required law enforcement officer un-
less, while on duty on the airport, the
officer—
(1> Has the arrest, authority de-
scribed In paragraph (b) of this section;
(2) Is readily Identifiable by uniform
and displays or carrias a badge or oilier
indicia, of authority;
(3) Is armed with a firearm and au-
thor laed to nse It; and
(4)-Has completed a training program
that meats the requirements in para-
graph <c) of this section.
§107.19
(b) The law enforcement officer must,
while on duty on the airport, have the
authority to arrest, with or without ft
warrant, for the following violations ol
the criminal laws of the State and
local jurisdictions in whioh the airport
Is located:
(1) A crime committed >n the officer's
presence.
(2) A felony, when the officer has rea-
son to believe that the suspect has
committed it.
(c) The training program required by
paragraph (a)(4) of this section must
provide training in the subjects speci-
fied in paragraph (d) of this section and
either—
(1) Meet the training standards, if
any, prescribed by either the State or
the local jurisdiction In which the air-
port is located, for law enforcement of-
ficers performing comparable func-
tions; or
(2) If the State and loca.1 jurisdictions
In which the airport is located do not
prescribe training standards for offi-
cers performing comparable [unctions,
be acceptable to the Administrator.
(d) Tba training program required by
paragraph (aK4) of this section must
Include training in—
(1) The use of firearms;
(2) The courteous and efficient treat-i
meut of pearsons aubieot to inspection,
detention, search, arrest, and other,
aviation security activities;
(3) The responsibilities of a law en-
forcement officer under the airport op-
erator's approved security program;
and
(4) Any other subject the Adminis-
trator determines is necessary.
poo. No. 16346, 43 FB 6OTIH. Dec. 2B, 197S, &a
amended by Aradt.. 107-1, 4S FK 3786, Jan. U.
I9B1J
5107.10 Dae of Federal law enforce'
meut officers.
(&) Whenever State, local, ajid pri-
vate law enforcement officers who
meet the requirements of §107.11 aye
Dot available In sufficient numbers to
meat the requirements of §107.15, the
airport operator may request that the
Administrator authorize it to use Fed-
eral law enforcement officers.
(b) Caoh request for the use of Fed-
eral law enforcement officers mast, be
 §107.20
accompanied by the following informa-
tion:
(1) The number of passengers en-
planed at the airport during the pre-
-O ceding calendar year and the current
^> calendar year as of the date of ths re-
O quest.
(3) The anticipated risk of criminal
violenae and aircraft piracy at the air-
port and to the air carrier aircraft op-
erations at the airport.
(3) A copy of that portion of the air-
port operator's security program which
describes the law enforcement support
necessary to comply with § 107.16.
(1) The availability of State, local.
and private law enforcement officers
who meet the requirements of §107.17.
Including a description of the airport
operator's efforts to obtain law en-
forcement support from State, local,
and private agencies and tbe responses
of ttta&e agencies.
(5) The airport operator's estimate of
the number of Federal law enforcetneut
officers needed to supplement available
officers and the period of time for
which they are needed.
(6) A statement acknowledging re-
sponsibility for providing reimburse-
ment for the coat of providing' Federal
O (2) The record is maintained for a
<L_> law enforcement officers.
(7) Any other information the Admin-
I'
O istrator considers necessary.
(a) In response to a request submitted,
CJ>
l-l_ in accordance with this section, the
O Administrator may authorize, on a re-
•elf imbursable basis, the use of law en-
00 forcement officers employed by the
FAA or by any other Federal agency,
with the consent of the head of that
agency.
U>oo. No. 16245, 43 FB 60792, Dec. 28, 19TO]
§ 107.20 Submission to screening.
Ho person may enter a sterile area
without submitting to the screening of
his or her parson and. property in ac-
cordance with the procedures being ap-
plied to control access bo that ar&a
under §109.0 or §129.25 ot this chapter.
[Don. No. 24683, 51 Fa 1352, Jan. 10, 19Q6]
$ 107.21 Carriage of an explosive, in-
cendiary, or deadly or dangerous
weapon.
(a.) Except as provided in paragraph
(b) of this section, no person may havs
14 CFfrCh. I (1-1^01 Edition)
ac explosive, lucaiulLary, or deadly or
dangerous weapon on or about the Indi-
vidual's person or accessible property—
(1) When performance haa begun of
the Inspection of the individual's per-
son or accessible property before entec-
ing a sterile area; and
(2) When entering or io a. sterile are*.
(b) The provisions of this section
with respect bo firearms do not apply
to the following: ^
i operator may not issue to any pereon
(1) Law enforcement officers required
to carry a firearm by this part while on
duty on the airport.
(2) Persons authorized to carry a. fWe-
ann In accordance with §108.11 or
§129.27. ' percent ol all individuals possessing
(3) Persons authorized to carry a fire-
arm in a sterile area under an approved
security program or a security pro
gram used in accordance with §129,25. •
(Doo. Ro. 16215. 43 PR 6OT92. Dae. 18. 1*18. as
amended by Anidt. 107-3. 61 PR 13S2. Jan. 10,
1S861
§ 107.23 Records.
(a) Each airport operator shall ensure
that—
(1) A record Is made of each law en-
forcement action taken in furtherance
of this part;
minimum of 90 days; and
(3) It is mad a available to the admin-
istrator upon request. i security program shall detail the meth-
(b) Data developed in response to
paragraph (a) of thia section must In-
clude at least the following'.
(1) The number and type of firearms,
explosives, and Incendiaries discovered
during sj»y passenger screen ing proc-
ess, and. the method of detection of
each.
(2) The number of acts and attempted
acts ol air piracy.
(3) The number of bomb threats re*-
celved. real and simula-ted bombs
found, and actual bombings on the air-
port.
(4) The cumber of detentions and ar-
rests, and tha immediate disposition of
each parson detained or arrested.
tDac. No. 18246, « FR 90792, Dec. 28, 1978. as
amended by Aindt. 107-3. 61 I'll la&a. Jan. W,
1986)
§ 107.26 Airport identification media,
(a.) As used in this section, security
Identification display area snaans any
Federal Aviation Administration, DOT
area. jdfliiU tied in the airport security
program as requiring each,pen-sou to
continuously display on their-, outer-
most garment. an . airport-approved
identification medium unless under
airport-approved escort.
(b) Alter Jsuauary 1, 1992, an airport
any identification media that provides
unescorted access to any security iden-
tification display area unless the per-
son "has successfully completed train-
ing in accordance with an FAA-ap-
proved curriculum specified IB the se-
curity program.
(c) By October 1,1492, not less than SO
airport-Issued identification that pro-
vides unescorted access to any security
identification display area at that air-
port shall have been trained in accord-
ance with an PAA-approved. curriculum
specif led in the security program.
(d) Alter May 1.1093. an airport oper-
ator may not permit any parson to pos-
sess any airport-Issued, identification
medium that provides unescorted ac-
cess to any security identification dis-
play area at that airport unless the
person has successfully complsted
FAA-approved training in accordance
with a. curriculum specified in the se-
curity program.
(s) The curriculum specified in the
ods of instruction, provide attendees
the opportunity to ask questions, and
Include at least the follqwlng topics:
(1) Control, uae, and display of air-
port-approved Identification or access
media;
(2) Challenge procedures and the law
enforcement response which supports
bhs challenge procedure;
(3) Restrictions on divulging informa-
tion concerning an act of unlawful in-
terference with civil avi&tlon 1C such
information Is llkery to jeopardize the
safety of domestic or international
aviation;
-(4) Non-disclosure of information re-
garding the airport security system or
any airport tenant's security systems',
and
- (6) Any other topics deemed nec-
essary by the Assistant Administrator
tor Civil Aviation Security.
(f) No person may use any airport-ap-
proved Identification medium that pro-
§107.31
vides unescorted access to any security
Identification display area, to gain such
access unless that medium was issued
to that person by tbe appropriate air-
port authority or other entity whose
identification is approved by the air-
port operator.
(g) Tba airport operator shall main-
tain a record of all training given to
each person under this section until 180
days after the termination of that per-
son's unescorted access privileges.
(Doo. Ho. 26533. 86 FB 41434, Aug. 20. 19911
§ 107,27 Evidence of compliance.
On request of the Assistant Adminis-
trator for Civil Aviation Security, each
airport operator shall provide evidence
of compliance with this part and 1 ts ap-
proved security program.
[Doo. Ho. 26529. 56 TO 41424, Aug. 20, 1991]
§ 107,29 Airport Security Coordinator.
Ea*h airport operator shall designate
an Airport Security Coordinator (ASG)
In Its security program. The designa-
tion shall Include the name of the ASC.
and a description of the means by'
which to contact the ASC -on a 24-hour
basis. The ASC shall serve as the air-
port operator's primary contact for se-
curity-related activities and commu-
nications with FAA. as set forth in the
security program.
lo. 26522, £6 PR 11155, Aup. 20.
§ 107.91 Employment history,
verification and criminal history
records checks.
(a) Scope. On or after January 31,
1996, this section applies to ail airport
operators; airport users; individuals
currently bavins' unescorted access to
a security identification display area
(SIDA) that is Identified by 1107.26; all
individuals seeking authorisation for,
or seeking the authority to authorise
others to have, unescorted aooass bo
the SIDA; and each airport user and air
carrier making a certification to an
airport operator pursuant to paragraph
(it) of this section. An airport user, for
tbe purposes of §107.31 only, is any per-
son making a certification under this
section other than an air carrier sub-
ject bo § 108.33.
 §107.31
(b) Employment history investigation*
required- Except as provided in para-
graph, -(m) of this auction, each airport
operator must ensure that no Indi-
vidual Is granted authorisation for, or
Is granted authority to authorize oth-
ers to have, unescorted access to the
SIDA unless the following require-
ments are met:
(1) The individual has satisfactorily
undergone Part 1 of an employment
history Investigation. Part 1 consists
of a review ot tlie previous 10 years of
employment history and verification oC
the 5 employment years preceding the
date the appropriate investigation is
Initiated as provided in paragraph (c)
of this section; and
(3) If required by paragraph (c)(6) of
this section, the Individual has satis-
fied iWt 1 of the employment history
Investigation. Part 2 Is the process to
determine If the individual has a crimi-
nal record. To satisfy Part 2 of the in-
vestigation tha criminal record check
must not disclose that the Individual
has bsan convicted or found not guilty
by re^aon of Insanity, in any jurisdic-
tion, during the 10 years ending on the
date of such investigation, of any of
O
the crimes listed below:
(I) Forgery of certificates, false
marking of aircraft, and other aircraft
O registration violation, 49 U.S.O. 46306;
(II) Interference with air navigation,
49 U.S.C. 46308;
O
(III) Improper transportation of a
hazardous material, 49 U.S.C. 48312;
(Iv) Aircraft piracy. 49 U.S.C. 46BQ2;
(v) Interference with flightcrew
members or flight attendants, 4D U.S.C.
46504; .
(vl) Commission of certain crimes
aboard aircraft In flight. 49 U.3.C.
46606;
(vii) Carrying a weapon or explosive
aboard aircraft. 49TF.S.O. 46505;
(vlll) Conveying false Information
and threats, 49 U.S.C. 46507;
(ix) Aircraft piracy outside the spe-
cial aircraft' Jurisdiction of the United
SUtas, 49 U.S.C. 4ft502(l));
(x) Lighting violations Involving
transporting controlled aubsb&acea, 49
U.S.C. 46315;
(xl) Unlawful entry Into an aircraft
or airport area that serves air carriers
or foreign air carriers contrary to es-
14 CFR Ch. I (1-1-01 Edition) Federal Avia lion Administration, DOT
ttxbllshcd security requirements, 48 (4) The airport operator or the air-
U.S.0.46314; • port user must verify the Information
(xil) Destruction of an aircraft or air- on the most recent & years of employ-
craft facility, IB U.S.C. 32; men bill story required under paragraph
(xilO Murder; (o)(l)(ii) of this section. Information
(xiv) Assault with Intent to murder; must be verified In writing, by docu-
(xv) Espionage; mentation, by telephone, or in parson.
(xvl) Sedition; (5) If one or more of the conditions
(xvli) Kidnapping or hostage taking-; (triggers) listed in §107.31(a)(6)(l)
(xvlll) Treason; through (iv) exist, the employment his-
(xix) Bap& or aggravated sexual tory Investigation moat not be consid-
abuse; . ered complete unless Part 2 is accom-
Out) Unlawful possession, use, sale", plished. Only the airport operator may
distribution, or manufacture of an ex? Initiate Part 2 for airport users under
plosive or weapon; this section. Part 2 consists of & com-
(xxl) Extortion; parison of the Individual's fingerprints
(zxii) Anned robbery; against the fingerprint dies of known
(xxiii) Distribution of, or Intent to criminals maintained by the Federal
distribute, a controlled substance; Bureau of Investigation (FBI). The
(xxiv) Felony arson; or comparison ot the Individual's fing-er-
(rav) Conspiracy or attempt to com- prlnbs must be processed through the
mit any of the aforementioned crimi- FAA. The airport operator may request
nal acts. a, check of the Individual's flngerprtnt-
(c) Investigative steps. Part 1 of fch,e based criminal record only If one or
employment history investigation more of the following conditions exist:
must be completed on ail persons listed. FT (1) The individual does not salisfac-
In paragraph (a) ol this section. If re- I torlly account for a period ot unem-
quired by paragraph (o)(6) of this sec- I ployment of 12 consecutive mouths or
tion, Part 2 of the employment history I more during- the previous 10-year pe-
Investigation must also be completed f rlod.
on all persons Usfcad. in paragraph (a) of I (ii) The individual Is unable to sup-
this section. I port statements made on the applica-
(1) The individual must provide the J UOD form.
following Information on an applica- I OH) There are significant inconstst-
tion torro: I eneles in the tuformation provided on
(1) The individual's full name, Includf the application.
Ing any aliaaeajtt nicknames. / (Iv) Information becomes available to
(ii) The dates, names, pb.one num- I the airport operator or the airport user
bers, and addresses of previous employ- I during- the Investigation indicating a
ers, with explanations for any gaps In possible conviction for one of the
employment of more than 12 consecu- crimes listed In paragraph (b)(2) of this
tive months, during the previous IQr section. — unless it investigates arrest informa-
year period. -•' (d) Individual notification. Prior to
(lit) Any convictions daring the pre- commencing the criminal records
vious 10-year period of the crimes list- olieok, the airport operator must notify
ed in paragraph (b)(i) of this seotlon. -"•( the (Utected individual and Identify the
(2.) The airport operator or the air*- Airport Security Coordinator as a con-
port user must include on the applica- tact-for follow-up. An individual, who
tion form a notification that the Indi- chooses not to submit fingerprints,
vidual will be subject to an employ- after having met a requirement for
ment history verification and possibly Fart 2 of the employment investiga-
a criminal records check. tion, may not be granted unescorted
(3) The airport operator or ttfe ati* access privilege.
port user must verify the identity'- of (e) Fingerprint processing. If a finger-
the Individual through the pre»B» print • comparison is necessary under
tatlon ol two forms of identification^ paragraph (c)(5) of this section to com-
one of which most bear the individual's plete the employment history inves-
photograph. •U1C tigation the airport operator must col-
§ 107.31
lect and process fingerprints In the fol-
lowing- manner:
0) One sst of legible and classifiable
fingerprints must be recorded on fin-
gerprint cards approved by the FBI,
and distributed by the FAA lor this
purpose,
(2) The fingerprints must bo obtained
from the ixulrvldua.1 under direct obser-
vation by the airport operator or a law
enforcement officer. Individuals sub-
mitting their fingerprints may not
take possession of their fingerprint
card alter they bave been
fingerprinted.
GO The identity of tha Individual
must be verified at the time finger-
prints ar» obtained. The individual
must present two forms of identifica-
tion, one of which must bear the indi-
vidual's photograph.
(4) The fingerprint card must be for-
warded to the PAA at the location
specified by tha Administrator.
(6) Fees Cor the proceaaiixg of the
criminal record checks are due upon
application. Airport operators must
submit payment through corporate
check, cashier's check, or money order
made payable to "U.S. PAA," at the
designated rate for each fingerprint
card. Combined payment for multiple
applications Is acceptable. The des-
tembed rate for processing the flag-err
print cards Is available from the local
PAA security office.
(i) Determination of atresl status. In
conducting the criminal record checks
required by this section, tha airport op-
erator must not consider the employ-
ment history investigation complete
tion for the crimes listed in paragraph
(b)(2) of this section for which no dis-
position has been recorded and makes a
determination that the arrest did not
result in a disqualifying conviction.
(g) Availability and cornelian of FBI
records and notification of disqualifica-
tion. (1) At the time Part 2 is initiated
and the fingerprints are collected, the
airport operator must notify the indi-
vidual that a copy oC the criminal
record received from the FBI will be
made available to the individual if re-
quested in writing-. When requested In
writing-, the airport operator must
make available to the individual a
 §107.3}
copy- of any criminal record received
from tha FBI.
(2) Prior to making a final decision
to~deny authorization to an individual
described In paragraph (a) of this sec-
tion, the airport operator must advise
the Individual that the FBI criminal
record, discloses, information that
would disqualify him/her from receiv-
ing unescorted access and provide the
individual with a. copy of the FBI
record 1C it has been requested.
(3) The airport operator must notify
an Individual that a final decision has
been made to grant or deny authority
for unescorted access.
(ft) Corrective action by Ihe individual.
The Individual may contact the local
jurisdiction responsible for the infor-
matltfh and the FBI to complete or cor-
rect ohe information contained in his.'
her record before any final decision is
made/' subject to the following condi-
tions:
CD Within 30 days'after being advised
that the criminal record received from
the FBI discloses disqualifying infor-
mation, the Individual must notify the
airport operator, in writing, of his/her
Intent to correct ajiy Information be-
lieved to be Inaccurate.
(1) Upon notification by an Individual
that the record has been corrected, the
airport operator must 'obtain a copy of
O the- revised FBI record prior to making
a final determination.
(2) If no -notification is received with-
O in 30 days, the airport operator may
•o make a final determination.
oo (1) Limits on dissemination of results.
Criminal record Information provided
by the FBI must be naed solely for the
purposes of this section, and no person
may disseminate the results of a crimi-
nal record check to anyone other tha-n:
(1) 'The individual to whom the record
pertains or that Individual's authorised
representative;
(2) Airport officials with a. need to
know; and
(3) Others designated by the Adminis-
trator.
0) Employment status while aioailing
criminal record' checks. Individuals who
bays submitted their fingerprints and
are awaiting FBI results may perform
work within the SIDA when under es-
cort by someone who has unescorted
SIDA aocesa privileges.
QOfl
UCFRCh. 1(1-1-01 Edillon)
QO Recordkeeptng. (1) Except when
the airport operator has racelvel a ceiv
.tlfication under paragraph (n)(l) of this
section, the airport operator must
physically maintain and control the
Part 1 employment history investiga-
tion file until 180 days after the termi-
nation of the individual's authority for
unescorted access. The Part 1, employ?
msnt history investigation die. must
consist of the following::
(1) The application;
(11) The employment verification in-
formation obtained by the employer;
(ill) The names of those from whom
the employment verification Informa-
tion was obtained;
(iv) The date and the method of how
the contact was made; and
(v),Any other information as required
by the Administrator.
(2) The airport operator must phys-
ically maintain, control and when -ap-
propriate destroy Part 2. the criminal
record, for each individual for whom a
fingerprint comparison has been cornet
pleted. Part 2 must be maintained Tor^
1BO days aft«r the termlna-tlon of the I
Individual's authority for unescorted I
access. Only direct airport operator ,
employees may carry out this criminal i
record file responsibility. The Part 2
criminal record file must consist of the
following:
(1) The criminal record received from
the FBI aa a result of an Individual's
-fingerprint comparison; or
(ii) Information that the checi was
completed and no record exists.
(3) The files required by this section
•must be maintained in a manner thai.
" is acceptable to the Administrator- and
• in a, ma-liner that protects the coniiden-^.
tiality of the individual.
0) CanllTHdng responsibilities. (1) Aay
individual authorised to have
unescorted access privileges or who
may authorize otb'ers to have
unescorted access, who is subsequently
convicted of any of the crimes listed In
paragraph O>)(3) of this section must;
within 1A. hours, report the conviction
to the airport operator and surrender
the SIDA access medium to the issuer:
(2) If Information becomes available
to the airport operator or the alnpocf,
user indicating- that an individual -with
unescorted access has a possible con-
viction for one of the disqualifying
Federal Avlalion Admlnistrallon, DOT
crimes in paragraph (b)(2) of this sec-
tion, the airport opera-tor must deter-
mine the status of the conviction. If a
disqualifying conviction is confirmed
the. airport operator must withdraw
any authority granted, under this sec-
tion.
(m) Exceptions. Notwithstanding the
I
requirements oC this section, an airport
operator may authorise the following
individuals to have unescorted access,
or to authorise others to have
unescorted access to the SIDA:
(1) An employee of tha Federal gov-
ernment or a. state or local government
(including a law enforcement officer)
who. as a. condition ol employment, has
be«n subjected to an employment. In-
vestigation which includes a- ovtmlnal
record check.
(2) A crewmember of a foreign, air
carrier covered by an alternate secu-
ilby arrangement in the foreign air car-
rier's approved security program.
(3) An Individual wbo has been con-
tinuously employed In a position re-
quiring unescorted access by another
airport operator, airport user or air
carrier.
(4) Those persons who have received
access to a XI.S. Customs secured area,
prior to November 23, 1998.
(n) Investigations by air carriers and
airport liters. An airport operator Is in
compliance with its obligation under
paragraph (b) of this section, as appli-
cable, when the airport operator ac-
cepts for each individual seeking
unescorted access one of the following:
(1) Certification from an air carrier
subject bo §108,33 of this chapter Indi-
cating- it has complied with Si 108.33 of
this chapter lor the air carrier's em-
ployees and contractors seeking
tineecor ted access; or
(2) Certification from an airport user
Indicating it has complied with and
will continue to comply with the provi-
sions listed In paragraph (p) of this sec-
tion. The certification most Include
the name of each Individual for whom
the ail-port user has conducted an em-
ployment history investigation.
(0) Altpofl operator responsibility. The
aii-port operator muat:
(1) Prior to the acceptance of a cer-
tification from the airport user, tha
airport operator must conduct a pre-
liminary review of the file for each In-
§107.31
dividual listed on the certification to
determine, that Part 1 baa been com-
pleted.
(2) Designate the airport security co-
ordinator (ASO). in the security pro-
gram, to be responsible for reviewing
the results of the airport employees1
and airport uaers1 employment history
investigations and. for destroying the
criminal record files when their main-
tenance is no longer required by para-
graph (k)(2) of this section;
(3) Designate the ASC, in the secu-
rity program, to serve as the contact
to receive notification from individuals
applying for unescorted access of their
intent to seek correction of their FBI
criminal record; and
(4) Audit the employment history In-
vestigations performed by the airport
operator in accordance with this sec-
tion and those Investigations con-
duo ted by the airport users made by
certification under paragraph (n)(2).
The audit program mast be set forth in
the airport security program.
(p) Airporl uset responsibility.
(1) The airport user Is responsible for
reporting to the airport operator infor-
mation, as it becomes available, which
indicates an Individual with unescorted
access may have a conviction for one of
tha disqualifying crimes In paragraph
(10(2.) of this BBctiou; and
(2) If the airport user otters cerl.ifi-
oation bo the airport operator under
paragraph (n)(2) of this section, the air-
port user must for each individual for
whom a certification Is made:
(i) Conduct the employment history
investigation, Part 1, in compliance
With paragraph (c) of this section. The
airport user must report to the airport
operator IT one of the conditions In
paragraph (C)(5) of this section exist;
(ii) Maintain and control Part 1 of
the employment history investigation
file in compliance with paragraph (k)
of this section, unless the airport oper-
ator decides to maintain and control
Part 1 of the employment history in-
vestigation file;
(111) Provide the airport operator and
the PA A with access to each completed
Part 1 employee history investigative
file of those individuals listed on the
certification; and
(Iv) Provide either the name or title
of the Individual acting as custodian of
 PI. 10ft
the files, and the address of the loca-
tion and the phone number at the loca-
tion where the investigative files are
maintained.
[Don. No. 2B85B, S3 FH 51218. Sept. 24. 19D6; 63
FRflOWB, Nov. 9, 3«9B1
PART 108—AIRPLANE OPERATOR
SECURITY
Sec.
JOB.l Applicability.
ioa.3 Definition*.
UHU Falsification.
10B.5 Security program: Adoption and Im-
plementation.
LOB.7 Seenrll; pjogriatu: Form, content, nod*
availability.
10B.!) aoreeulnjr of paaKengere and property.
108.10 FrevBDUon »ad management of hl-
jaxuttngs and sabotage attempts.
10B.11 Carriage of weapons.
108.13 "Security oF airplanes anil faolllbles.
10B .W • Transport ahlim of Fsdwal Air Mar-
stals.
100.15 Law enforcement offtaera.
10B .17 Oaa of X-ray systems.
10B.18 Security Directives and Information
UB.lt "-Saoiuity threats and procedures.
IUB.20 Ueo erf explosives detection ay efcenvs.
108.21 QarriaBB of passengers under the con-
trol o( axmea law enforcement escorts.
o JD8.23 Training.
10B.26 Approval of security programs and
amendments.
.108.27 Evidence of compliance.
iW29 Standards for security oversight.
108.31 Employnieni, atandarJfi lor screaulng
O Administrator to conduct flight checks
108.03 Employment history, varttloBtloo ami
arimlnal history records oheoks.
AUTBDRm: 49 U.S.O. IflBte). 5103, 4D113,
<Dal9, "HIM-mOS, 447D6. 44SU-44SDS. 449IH.
44913-44»U. 449X2. 44935-44BQS, «lfl&.
SOUBCB: Docket. No. 109, 4E FR 3706, Ja.n, 15.
1981, unless oCbervrise noted.
-=£_
o—»
§103.1 AppllaabUty.
(a) This part prescribes aviation se-
curity rules governing—
(1) The operations of holders of FAA
aJr carrier operating cortilicafcaa or op-
erating cerUflcia,tes engaging in sched-
uled passenger operations or public
charter passenger operations;
(2) Eax5h person aboard an airplane
operated by a certificate holder de-
scribed in paragraph (a)(l) of this sec-
tion;
(3) Bach person on an airport a.t
which the operations described in p&ra-
14 GFR.Ch. 1.0-1-01 EdIHon)
graph (aMD of this section are oon-
duotea;
(4) Bach certifioabe holder who re-
ceives a. Security Directive or Informa-
tion Circular and each person who re-
ceives information from a Security Di-
rective or an Information Circular
issued by the Director of Olvll Aviation
Security; a-nd
(5) Each person who files an applica-
tion or makes entries into any record
or report that Is kept, made or used to
show compliance under this part, or to
exercise any privileges under this part.
fb) This part does not apply to hell-
copter or to all-cargo operations.
[Doo. No. MB83, 51 FB 1862. Jan. 10. MSB, aa
amended by Amdt. 1QB-6, 61 FR. 20981. July 10,
f B8»; ArniU. iOB-M, 61 PR 64244, Dec. 3, 19961
§108.3 Definitions.
The following axe definitions of
terms ussrl in this part:
(a) Certificate holder means a person
holding an PA A operating certificate
when that person engages in scheduled
passenger or public charter passan&er
operations or both. " undep this part.
(b) Passenger sealing configuration
means the total number of seats for
vrtiich the aircraft le type certificated
that can »s made available for pas-
senger use aboard a flight and includes
that seat In certain airplanes which
may be used by a representative of ths
but is available for revenue purposes on
other occasions.
(c) Private charier means any charter
for which' the charterer engages the
total capacity of an airplane for 'the
carriage of-.
(1) Passengers in civil or military air
movements conducted under contract
with the Government of the United
States of the Government of a foreign
country; or
(2) Passengers invited by the
charterer, the cost of which is bocne
entirely by the charterer and not di-
rectly or Indirectly by the Individual
passengers.
(d) ?MWic charter means any charter
that is not a private charier.
(e) Scheduled passenger operations
means holding out to the public of air
transportation service for passengers
from identified air terminals at a set
Federal Aviation Admlnlst fallen, DOT '§106.7
time announced by timetable or sched- security threat exists with respect to
ule published in a. newspaper, moga/- the operation.
zine, or other advertising medium. (b) Bach certificate holder that has
(0 Sterile area means an area to which obtained PA A approval for a security
access is controlled by the inspection program for operations not listed in
of persons and properly In accordance paragraph (a) of this section shall
with an approved security program or a carry out ths provisions ol that pro-
security program used la accordance gram.
J 129.25.
- [ §108.7 Security program: Form, con-
§ 108.4 Falsification. lent, and availability.
"If
No person may make, or cause to be (a) Bach security program required
made, any of the following: by §108.5 shall—
(a.) Any fraudulent or intentionally (1) Provide lor the safety of parsons
false statement In any application for and property traveling: In Air transpor-
any security program, access medium. tation and intrastato air transpor-
tation against acts of criminal -violence
or identification medium, or any
amendment thereto, under this part. and air piracy;
(b) Any fraudulent or intentionally (2) Be in writing and signed by the
false entry in any record or report that certificate holder or any person dele-
IB kept. made, or used to show compli- gated authority in this matter;
ance with this part, or to exercise any (3) Include the items listed in para-
privileges under this past. graph (b) ol this section, as required by
§108.5; and
(c) Any reproduction or alteration,
for fraudulent purpose, of any report, (4) Be approved by the Adminis-
record, security program, access me- trator.
dium, or Identification medium issued (b) Each security program required
by § 108.5 must include the following, aa
required by that section:
[Doc. Mo. 23145, 61 FR 64211, Dec. S, 1996] (1) The procedures and a description
of the facilities and equipment used to
5 108.5 Security program; Adoption. perform the screening functions speci-
and implementation.
fied In §10».B.
(a) Each certificate holder shall (2) The procedures and a description
adopt and carry out a security program of the facilities and equipment usud to
that meets the requirements of §108.7 perform tha airplane and facilities con-
for each of the following scheduled or trol functions specified in § 100.13.
public charter passenger operations: GO The procedures used to comply
(1) Bach operation with an airplane with the applicable requirements of
having a passenger seating configura- {108.15 regarding: law enforcement offi-
tion of more than 60 seat&. cers.
(2) Bach operation that provides (*) The procedures used to comply
deplaned, passengers access, that is not with the requirements of §108.17 re-
otherwise controlled by a certificate garding the use ot X-ray systems.
holder using an approved security pro- (6) The procedures used to comply
gram or a foreign air carrier using a se- with the requirements of § 108.19 re-
curity program reQuired by §129.26, to a garding bomb and air piracy threats.
sterile area. (8) The procedures used to comply
(3) Each operation with an airplane with the applicable requirements of
having a passenger seating configura- 5108.10.
tion of more than SO but less than 61 (7) The curriculum tiaed to accom-
seats; except that those parts of the plish tha training required by § 108.23.
program affecting compliance wl th the (8) The procedures and a description
requirements listed in §10B.7(b) a), (2), of the facilities and equipment usad to
and ooinply with the requirements of
(4) Heed only be Implemented when §108.20 regarding explosives detection
the Director of Civil Aviation Security systems.
or a designate of the Director notifies (c) Each certificate holder having an
the certificate holder In writing that a approved security program shall—
 § ioa.9 14 CFR Ch. I (1-1-01 Edillon) Federal Aviallon A.dm!nEslratlon, DOT §108.11
. (1) Maintain at least one complete proved security program for detecting (11) Authorized to have the weapon by (b) No pei-son may, while on board an
copy of the approved security program explosives. Incendiaries, and deadly or the certificate holder and the Adminis- airplane operated by a certificate hold-
at its principal business office; dangerous weapons to Inspect each per- trator and has successfully completed a er for which screening 1s not con-
(2) Maintain a. complete copy or the son entering a sterile area at each cowrae of braining In the use or fire- ducted, carry on or about that person a.
pertinent portions of i ts approved secu- preboardlng soreerdag checkpoint In arms acceptable to the Administrator. deadly or dangerous weapon, either
rity program of appropriate imple- the United States for which it is re- (2) The person having the weapon concealed or unconcealed. This para-
menting Instructions ab each airport sponsible, and to inspect all accessible needs bo have the weapon accessible In graph does nob apply bo—
where security screening Is being.con- property under that person's control. connection with the performance of his (1) Officials or employees of a mu-
ducted; (d) Each certificate balder shall staff or her duty from the time he or she nicipality or a State, or of the United
(3) Make these documents available its security screening checkpoints with would otherwise check Ibin accordance States, who are authorized to carry
for Inspection upon request' of any Civil supervisory and non-supervisory per- with paragraph (d) of this section until arms; or
Aviation Security Inspector; sonnel In accordance with the stand- Hie time it would be r« turned alter GO Orewmembers and other persons
(4) Restrict the distribution, disclo- ards specified in its security program. , deplaning. authorized by the certificate holder bo
sure, and availability or sensitive secu- [Don. No. 108. 45 m 3WB, Jan. 16, 1981, t'a (3) The certificate bolder Is notified— carry arms.
rity information, as defined In part 191 amended by Amdt. lflB-4, H FR 1362, Jan. 10, (I) Of the flight OD which the armed (c) No certificate holder may know-
of this chapter, to persons with a ueed- HS6; Amdt. 108-6, &3 FR 1B&09. Dec. 22, 19B7; person intends to have the weapon ac- ingly permit any person to transport,
ko-know; and Amdt. 108-10, 66 m «426. Aug. 20. IBM] cessible to him or tier at least 1 hour, nor may any person transport or tender
(5) Refer requests Tor sensitive secu- or in an emergency as aeon as prac- for transport, any explosive, incendiary
rity information by other persons to S 108.10 Prevention and management ticable, before departure; and or a loaded firearm in checked baggage
the Assistant Administrator far Civil of hijackings and sabotage aU (II) When the armed person ia other aboard an airplane. For the purpose of
tempts.
Aviatlbn Security. than an employee or official of the this section, a loaded firearm means a
f (a) Bach certificate holder shall— United States, that there Is a need for llrearrn which has a live round of am-
[t>oo. No. 10B. 48 FR 3786. Jan. IS, 1SB1. as (1) Provide and use a Security Coor-
amended by Aradt. 10O-3. BO PR 20393, July JS, dinator on the ground and in flight for the weapon to be accessible bo the munition, cartridge, detonator, or pow-
1985; AnuH.. lBft-7. 84 PR 96996, Sept. 6. 19B9; each International and domestic flight, armed person In connection with the der in the chamber or in a clip, maga-
Amdt- 108-16. 83 FA 13741, Mar. 21.1997] performance of that person's duty from zine, or cylinder inserted in ib.
as required by Its approved security the time he or aha would otherwise (d) No certificate holder may know-
SI06.D Screening of passengers and program; and oh act it in accordance with paragraph ingly permit any person bo transport,
property. (2) Designate the pilot in command (d) of this section until the time It nor may any person transport or tender
(a) Each certificate holder required as the inflight Security Coordinator for
each flight, as required by its approved
would ba returned to him or her after for transport, any unloaded firearm in
bo conduct screening under a, security security deplaning. checked baggage aboard an airplane
program. (4) The armed person Identifies him- unless—
O program shall use the procedures In- (b) Ground Security Coordinator. Each
cluded, and the facilities and equip- ground Security Coordinator shall self or herself bo the certificate bolder U) The passenger declares to the cer-
II ment described, In its approved secu- carry out the ground Security Coordi- by presenting- credentials that Include tificate holder, either orally or in writ-
O rity program to prevent or deber fcha nator duties specified In the certificate bis or her clear, Cull-face picture, tils or ing before checking the baggage, that
carriage aboard airplanes ol any explo- holder's approved security program. her signature, and the signature of the any firearm oaxried 1n the baggage l£
\ sive, Incendiary, or a deadly or'dan- authorizing official of his or her aarv- unloaded;
O (c) Injttghl Security Coordinator. The loe or the official seal of his or her
gerous weapon on or about each Indi- pilot in command of each Digit shall (2) The firearm is carried in a con-
vidual's person or accessible property, carry out the Inflight Security Coordi- service. A badge, shield, or similar may tainer the certificate bolder" considers
and the carriage of-any explosive or in- nator duties specified In the ce.rtUlca.te not be used as the sole means of identi- appropriate for air transportation;
cendiary in checked baggage. . fioatloQ. (3) When the firearm is other than a
holder's approved security program. (5) The certificate holder— shotgun, rifle, or other firearm nor-
(b) Bauoh certificate holder required
to conduct screening under a security LDoc. Wo. J4T19. 60 KB, 28890. July 16, Iflp&l (i) Ensures that the armed person is mally fired from the shoulder position,
program shall refuse to transport— familiar with Its procedures for car- the baggage in which 11 is carried la
(1) Any person who does not consent &108.11 Carriage of weapons, rying: a deadly or dangerous weapon locked, and. only the passenger check-
to a search of MB or her person In ac- (a) No certificate holder required to aboard Its airplane before the time the ing the baggage retains the key or
cordance with the screening system conduct screening under a security pro- person boards the airplane; combination; and
prescribed in paragraph (a) of this sec- gram may permit any person to have, (II) Ensures that the identity of the (4) The baggage containing the fire-
tion; and nor may any person have, on or about armed person Is known to each Ian en- arm is carried in an area, other than
(2) Any property oE any person who bis or har person or property, a deadly forcement officer and each employee of the fllghtcrew compartment, that is In-
does not consent to a search or inspec- or dangerous weapon, either concealed the certificate bolder responsible for accessible to passengers.
tion of that property in accordance or unconcealed, accessible to him or security during the boarding of the air- (e) No certificate holder may serve
with the screening system prescribed her while aboard an airplane for which plane; and any alcoholic beverage to a person hav-
by paragraph (a) of this section. screening is required unless: (III) Notifies the pilot In command, ing a deadly or dangerous weapon ac-
(c) Except as provided by its ap- <1) The person having the weapon is— other appropriate crewmembera, and cessible to him or her nor may such
proved security program, each certifi- (1) An official or employee of the any other person authorized to have a. person drink any alcoholic beverage
cate holder required bo conduct screen- United States, or a State or political weapon accessible to him or her aboard while aboard an airplane operated by
Ing under 'a. security program shall use subdivision of a State, or of a munici- the airplane of the location of each au- the certificate holder.
the procedures Included, and the facili- pality who ia authorised by his or her thorized armed person aboard the air- (O Paragraphs (a), (b). and (d) of this
ties and equipment described, la its cvp- agency to have the weapon; or plane. section do nob apply to the carriage of
 §108.13 UCFRCh. I (1-1-01 Edition) Federal Aviation Admtnlstratlon, DOT §108.17
firearms aboard air carrier flights con- <c) Bach certificate holder shall aav holders to use X-ray systems (or In- tlally Installed or after it has been
ducted for the military forces of the sign the specific seat requested by a specting carry-on or checked articles moved from one location to another,
Government of the United States when Federal Air Marshal who is on official under an approved security program If unless a radiation survey Is conducted
.the total cabin load of the airplane is duty. the certificate holder shows that— which shows that the system meets the
under exclvisive UBB by those military fDoo. No. 2«14. SO TR 27925. July B. 1985] (1) For a system manufactured before* applicable performance standards in 21
forces if the following conditions are April 26, 1974. It meets either the puide- GPR 1020.40 or guidelines published by
O mat: §108.15 Law enforcement officers. lines issued by the Pood a&d Drug Ad- the FDA in the FEDERAL REGISTER of
(U Wo firearm is loaded and all bolts (a) At airporta within the United ministration (FDA), Department of August 8, 1B73 (38 PR 21442) except that
to such firearms are locked in the open States not governed by part 107 of this Health, Education, and Welfare (HEW) a radiation survey is not required for
position; and chapter, each certificate holder engag- and published in the FEDERAL. R-BKJ- an X-ray system that is moved fco an-
(2) The certificate holder is notified ing in scheduled passenger or public E3TBR (38 PR 21442, August 8. 1973); or other location If the certificate holder
1 the performance standards for cabinet
by the unit commander or officer In charter passenger operations shall— ; <• shows that the system is so designed
charge of the flight before boarding (1) If security screening is required X-ray systems designed primarily for that It can be moved without altering
that weapons mill be carried aboard tlie for a public charter operation by the inspection of carry-on baggage i ts performance.
aircraft. -§lD8.Ma), or for a scheduled passenger Issued by the FDA and published in 21 (d) No certificate holder may use an
operation by §108.5(b) provide for law OPR 1020.40 (09 FR 12985, April 10. 1974); X-ray system that la not in full compli-
(Doc. No.'kOI. 98 PR 31BS. Jan. 15. 19K1. us (2) For a system manufactured after
amended by Amrit. 10M. £1 FR 1353. Jan. ID. enforcement officers meeting the quali- ance with any defect notice or modi-
3SB6] fications and standards, and in the April 24, 1971, It meets the standards fication order issued for that system by
? ' " number and manner specified, in part for cabinet X-ray systems designed pri- the PDA, unless that Administration
§108.13 Security of airplanes nnd (a- 107: and marily for the Inspection of carry-on has advised the FAA that the defect or
ciljjtlen. (2) When using airplanes with a pas- baggage issued by the FDA and pub- failure to comply doss not create a sig-
lished In 21 Cm 1020.40 (39 PR 12BB6,
Each, certificate holder required to senger seating configuration of M. April 10,1974);
nificant risk or Injury, In eluding1 ge-
conduct screening under a security pro- through 60 seats in a public charter op- (3) A program for initial and recur-
netic Injury, to any person.
gram shall use the procedures included, eration lor which screening is not re- rent training of operators of the sys-
(e) No certificate holder may use an
and the facilities and equipment de- quired, arrange for law enforcement of- tem is e&ta.blished, which includes X-ray system to inspect carvy-on or
scribed. IB its -approved security pro- ficers meeting the quali ficatl one and training in radiation safety, the effi- checked articles unless a sign is posted
gram* to perform the following- control standards specified in part 107 to be cient use of X-ray systems, and the
in a conspicuous place at the screening
functions with respect to each alrplana available to respond to an incident, and identification of weapons and other station and on the X-ray system which
operation for which, screening is re- provide to its employees, including
orawraemberB, as appropriate, current dangerous articles; notifies passengers that such items are
quired: (4) Procedures are established to en- being Inspected by an X-vay and ad-
information with respect to procedures vises them to remove all X-ray, sol-
(a) Prohibit unauthorized access to for obtaining law enforcement asslst- sore that each operator of the system
the airplane. Is provided with an individual per- en tlflc. and high-spaed film from carry-
ju»ce at that airport. on and checked articles before Inspec-
(b) Ensure that baggage carried in (b) At airporta governed by part 107 sonnel dosimeter (such as a film badge
the airplane is checked in by a respon- of this chapter, each certificate holder or thermoluminesoent dosimeter). tion. This sign shall also advise pas-
sible agent and that identification is engaging in scheduled or public charter Baoh dosimeter used shall be evaluated sengers that they may request bbat an
O obtained from persons, other than passenger operations, when using air- ab the end of each calendar month, and inspection be made of their photo-
known shippers, shipping goods or planes with a passenger seating con- records of operator duty time and the graphic equipment and Him packages
<c cargo aboard the airplane. results ol dosimeter evaluations shall without exposure to an X-ray system.
00 figuration of Si through GO seats _[ox_
(&) Ensure that cargo and checked be maintained by bha certificate hold- If the X-ray system exposes any carry-
baggage carried, aboard the airplane is arrange for law enforcement officers er; and oik or checked, articles to more than 1
handled In a manner that prohibits un- meeting the qualifications and stand- (5) The system meets the imaging re- milliroentgen daring the Inspection,
authorized access. ards specified in part 107 to be avail- quiremento sat forth In an approved the certificate holder shall post a sign
(d) Conduct a security inspection of able to respond to aa incident and pro- Air Carrier Security Program nsing the which advises passengers to remove
the airplane before placing it In service vide Us employees, including- crew- step wedge specified in American Soci- film of all kinds from their articles be-
and after it has been left unattended, members, as appropriate, current Infor- ety for Testing and Materials Standard fore inspection. If requested "by pas-
mation with respect to procedures for F792-88. sengers, their photographic equipment
S 108.14 Transportation of Federal Air \g this law enforcement asslst- •(b) Mo certificate holder may nae an and film packages shall he Inspected
Marshals. \e at that airport. X-ray system within the United States without exposure to an X-ray system.
(a) Bach certificate holder shall unless within the preceding 12 calendar (0 Each certificate holder shall
carry Federal Air Marshals, in the § 108.17 Use of X-ray systems. months a radiabiou survey has been maintain at least one copy of the re-
c—t number and manner specified by the (a) No oer tinea ta holder may use an conducted which shows that the sys- sults of the most recent radiation sur-
00
Administrator, on «aoh scheduled and X-ray system within the United States tem meats the applicable performance vey conducted undar paragraph (b) or
public charter passenger operation des- to inspect carry-on or checked sfertloles standards In 21 OFR 1020.40 or guide- (c) of this section and shall make It
ignated toy the Administrator. unless specifically awthorlfced under a lines published by the FDA In the FED- available for Inspection upon request
(b) Bftf.li Federal Air Marshal shall be security program required by §108.6 of ERAL REU1STER Of AugttJ&t 8, 1B73 (38 PR, by the Administrator a.t each of the
carried an a first priority basis and this part or use such a system contrary 21412). following locations:
without charge while on official duty, to its approved security program. The (o) No certificate holder may use an (1) The certificate holder's principal
including repositioning flights. AdmlnistratoT authorises certificate X-ray system after the system Is ini- business office; and
 §108.18 14 CFR Ch. I (1-1-01 Edition) Federal Avlalian Admlnlstrallon, DOT § 108.21
\ (2) The place where the X-ray system
ures implemented in response to the (b) Upon receipt oC a, bomb threat security program may carry a pas-
Is la operation. Security Directive ara distributed to against a specific airplane, each certifi- senger in the custody of a.n armed law
:•. (g) The American Society for Testing speed fled personnel as-prescribed in the cate holder shall attempt to determine enforcement escort aboard an airplane
and Materials Standard F79a-S3, "De~ Security Directive and to other per- whether or not any explosive or incen- for which screening is required onlfeBE—
sigiM and Use of Ionizing Radiation sonnel with an operational need to diary Is aboard the airplane involved (1) The armed law enforcement escort
Equipment for the Detection of Items know. by doing: the following: is an oUlcjal or employee of the United
Prohibited, in Controlled Access (o) In the event that the certificate (1) Conducting a security Inspect!cm States, of a State or political subdivi-
Areas," described In this section Is in- holder is unable to implement the on the.ground before the next night or. sion of a State, or a municipality who
corporated by reference herein and measures contained In the Security Di- U the ail-plane is in flight. Immediately is required by appropriate authority to
made a, part hnreot pursuant to 5 U.S.C. rective, the certificate holder shall after its next landing. maintain custody and control over an
562(a)(l). All persons affected by these submit proposed alternative measures, (2). If the airplane is being operated individual aboard an airplane;
amendments may obtain copies of the and the basis for submitting the alter- on the ground, advising tba pilot In (2) The certificate holder la notified
standard from the American Society native measures, to the Director of command to immediately submit the by the responsible government entity
tor testing and Materials, 1916 Race OivU Aviation Security for approval. airplane Cor a security inspection. at least i hour, or in case of emergency
Street, Philadelphia, PA 19103. la addi- The certificate holder shall submit pro- (3) If the airplane is tu flight. Imme- as soon as possible, before departure—
tion, a copy oC the standard may be ex- posed alternative measures within the diately Advising the pilot in command (1) OC the identity of the paasenyer to
amined at the FA A Rules Docket, time prescribed In the Security Direc- or'all pertinent information available be carried and the night on which it is
Docket Mo. 24115, BOO Independence Av- tive. The certificate holder shall Imple- so that necessary emergency aotiou proposed to carry bhe passenger; and
enue, S.W., Washington, DC, weekdays, ment any alternative measures ap- can be taken. (It) Whether or not the passenger Is
excepE Federal holidays, between 6:30 proved by the Director of Civil Avia- (c) Immediately upon receiving Infor- considered to be in a maximum risk
a.m. apd 6 .p.m. tion Security. mation that an act or suspected act of category;
(h) Bach certificate holder shall com- (d) Each certificate holder who re- air piracy has been cominltbed, the cer- (3) If the passenger is considered to
ply With X-ray operator duty time lim- ceives a Security Directive or Informa- tificate holder shall notify the Admin- be in a maximum risk category, that
itations specified tn Its security pro- tion Circular and each person who re- istrator. If the airplane Is in airspace the passenger Is under the control of at
gram. ceives information from a Security Di- wider other than United States juris- least two armed law enforcement es-
diction, the certificate holder shall corts a.ad no other passengers are
(Boo. No. IOB. 4S PR 3786, Jim, 15, 198U. as rective or Information Circular shall— also notify the appropriate authorities
amuufea by Amdt. iOB-1, GO PR 36656, June ^ Bestriat the- availability of the Se- under the control of those two law en-
of the State In whose territory bhe air- forcement escorts;
20. 19B5; Amdt. MB-1D, 6S PR 414%. Aug. 20, curity Directive or Information Cir- plane Is located and. if the airplane Is
1891; Amrtt 108-11. Gfi FR 4837Q, Sept. 21. 1991] cular and information contained in the (4) No more than one passenger who'
Security Directive or the Information In flight, the appropriate authorities of the certificate holder has been notified
S 108.18 Security Directives and Infor- Circular to those persons with an oper- the State In whose territory the air- Is In a maximum risk category is car-
o mation Circulars. ational need to know; and plane 1s to land. Notification of the ap- ried on the airplane;
(a) Bach certificate holder required (2) Refuse to release the Security Di- propriate air traffic controlling author- (6) If the passenger is not considered
to have «n approved security program rective or Information Circular and in- ity is sufficient action to meet this re- to be in a maximum risk category, the
o quirement. passenger la under the control of at
for passenger operations shall comply formation regarding the Security Di-
with each Security Directive issued to rective or Information Circular to per- [Doc. No. IOB, 46 Fa 3788, Jan. 16, 1981, as least one armed law enforcement es-
the certificate holder by the Director sons other than those with an oper- amended by Amdt. MM. 61 PE 10S3. Ja.u. 10. cort, and no more than two oC these
of Civil Aviation Security, or by any ational need bo know without the prior 1988; Amdl.103-9. 66 FR ITS®), June I1). 1991] persons are carried under, the control of
person to whom the Director has dele- written consent of bhe Director of Plvfl 5108,20 Use of explosives detection any one law enforcement escort;
gated tha authority to issue Security Aviation Security. ,'r systems. (6) The certificate holder is assured,
Directives, within the time prescribed (Approved by the OUton of Management and prior to departure, by each law enforce-
In the Security Directive for compli- Budget under control number 3120-41093) When the Administrator shall require ment escort that—
ance. by amendment under $108.26, each cer- (i) The officer Is equipped with ade-
(b) Each, certificate holder who re- [Doc. No, 25963. M PR 28981, July 10. 1SB&] tificate holder required to conduct quate restraining devices to be used in
ceives a Security Directive shall— screening under a security program the event restraint of any passenger
(1) Not later than 24 hours after de- §108,19 dures.
Security threats and proce- shall use an explosive detection systsni
that has been approved by the Admin-
under the control of the escort becomes
livery by the PAA or within the time necessary; and
prescribed in the Security Directive, (a) Upon receipt of a specific and istrator to screen checked baggage on (ii) Each passenger under the control
acknowledge receipt ol bhe Security credible threat to the security or a international flights in accordance of the escort has been searched and
Directive; flight, tha certificate holder shall— with the certificate holder's security does not have on or about his or her
(2) Not later than-11 hones after de- CD Immediately notify the ground program. person or property anything that can
livery by the PAA or within the time and in-flight security cooi-dinators of (Doc. Mo. 25&5B, M FR 36346. Sept. 6. IS 19] be used as a deadly or dangerous neap-
prescribed In the Security Directive, the threat, any evaluation thereof, and on;
specify the method by which the cer- any counternieasures to be applied; and S 108.21 Carriage of passengers under (1) Bach passenger under the control
tificate holder has implemented the (2) Bnsure that the ill-flight security the control of armed law enforce- of a Jaw enforcement escort is—
measures in the Security Directive; coordinator notifies the flight and ment escorts. (i) Boarded before any other pas-
and cabin crewnaembera of the threat, any (a) Except as provided, in paragraph ssngera when boarding at the airport
(3) Ensure that information regard- evaluation thereof, and any counter- (e) of this section, no certificate holder where the flight originates and
ing bhe Security "Directive and meas- measures to be applied. required to conduct screening under a deplaned at the destination after all
 §.108,23 14 CFR Ch. 1 (1-1-01 Edition) Federal Avlalfon Administration, DOT §108.31
other-- deplaning passengers have specified in the certificate holder's ap- than 34 days after the certificate hold- (2) Daily, a. Ground Security Coordi-
deplaned; proved security program. With reepecfc er receives the notice, unleas the cer- nator at each airport:
(11) Seated- In the rear-most passenger to training conducted undar §121.411 or tificate holder petitions tha Adminis- (i) Reviews all security-related func-
seat when .boarding at the airport §135.331, whenever a crewmernber who trator to reconsider the amendment, in tions for effectiveness and compliance
where the night originates;-and (s required to take recurrent training which case the effective date is stayed with this part, the certificate holder's
(iii) Seabed In a. seat that Is neither completes the training In the calendar by the Administrator. security program, and applicable Secu-
located In any lounge area- nor located month before or the calendar month (3) ff the Administrator finds that rity Directives; and
next to or directly across Jro/n anj aiter the "calendar month in which that there is an emergency requiring imme- (11) Immediately Init1a.tes corrective
exit; and training is required, be is considered to diate action with respect to safety in action for eaoh instance of noncompli-
..(8) A law enforcement esoort having have completed the training" in tlie cal- air transportation ov in air commerce ance with this part, the certificate
control of a. passenger Is seated be- endar month in which it was required . that makes the procedure In this para- holder's security program, and applica-
tween the passenger and any al&le. graph impracticable or contrary to the ble Security Directives.
(b) No certificate holder operating an POD. No. 23719, SO PR 88893, July 16. Mas. as public interest, the Administrator may (b) The requirements prescribed In
airplane under paragraph (a) of this amended by Aindt. 1118-6. 65 FH 40275. dot. 2, Issue RII amendment, effective without
ISM) paragraph (a.) of this section apply to
section may— stay, on the dabe the certificate holder all security-related functions per-
0) Serve, food, beverage, or provide receives notice of It. In such a case, the formed for the certificate holder
metal eating utensils to a passenger § 108.25 Approval of security programs Administrator incorporates the find-
and whether by a direct employee or a. con-
under the control of a law enforcement ings, and a brief statement of the rea- tractor employee.
efiflorD while aboard the airplane unless (a) Unless otherwise authorized by sons for It, in the notice of the amend-
authorised to do BO by the law enforce- the Administrator, each certificate ment bo be adopted. [Don. No. 25622. 68 Fa 41425, A»8r. 20, 1991]
mentjescort, holder required to have a. security pro- (0) A certificate holder may submit a
(2.) .Serve a law enforcement escort or request to the Administrator to amend 5106.31 Employment standards for
gram for a passenger operation shall screening personnel.
the passenger under the control of the submit Ha proposed security program its program. The application must ba
escort any alcoholic beverages while to tha Administrator for approval at filed with tba Administrator a.1 least 30 (a.) No certificate holder shall use any
aboard the airplane. least 90 days before* the date of tha in- days before the date it proposes for the person to perform any screening func-
(e) Bach law enforaemBUt escort, car- tended passenger operations, Within 3D amendment to become effective, unless tion, unless that person has:
ried .under the provisions of paragraph days after receiving the program^ the a shorter period is allowed by the Ad- U) A high school diploma, a General
(a) of this section shall, at all times, Administrator either approves the pro- ministrator. Within 15 days after re- Equivalency Diploma,, or a combina.;
accompany the passenger under the ceiving a proposed amendment, tba Ad- tion of education and experience which
control of the escort and. keep the pas- gram or notifies the certificate holder
ministrator either approves or denies the certificate holder has determined
senger under surveillance while aboard to modify the program to comply with the request. Within 30 days after re- to have equipped the person to perform
the airplane. the applicable requirements of this ceiving- Irora the Administrator a no- tha duties of the position;
(d) No law enforcement escort carried part. The certificate holder may peti- tice of refusal to approve the applica- (3) Basic aptitudes and physical abili-
under paragraph (b) of this aectlon or tion the Administrator to reconsider tion Cor amendment, the applicant may ties including color perception, visual
o any passenger under the control of the the notice to modify within 30 days petition the Administrator to recon- and aural acuity, physical coordina-
C_3 escort may drink alcoholic beverages after receiving the notice, and, except sider the refusal to amend. tion, and motor skills to the following
I1 In the caae of an emergency requiring
O
while aboard the airplane. standards:
(e) This section does nob apply to the immediate action In the interest of S 108.27 Evidence of compliance. (i) Screeners opera-Ung X-ray equip-
carriage of passengers under voluntary safety, the filing of the petition stays On request of tha Administrator, ment must be able to distinguish on
protective escort. the nolle* pending a decision by the each certificate holder sha.ll provide the X-1'a.y monitor the appropriate im-
Administrator. evidence of compliance with this part aging standard specified in the certifi-
§ 108.23 Training. (b) The Administrator macy ajaemd an and its approved security program. cate holder's security program. Wher-
(a) No certificate holder may use any approved security program if It Is de- IDoo. No. W7r». M FIl 2BS91, July 18, 1983; 60 ever the X-ray system displays colors,
person as a Security Coordinator un- termined that safety aad the public In- PR 35535, An?. 39, -1985; 91 FR 44876. DM. 12. the operator must be able to perceive
less, \rtbhin the preceding 12 calendar terest require the amendment, as fol- 1985] each color;
months, that person has satisfactorily lows: (11) Soreeners operating any screen-
completed the security training' as (1) Tha Administrator notifies the I108.2& Standards for security over- Ing equipment most be able to distin-
specified In the certificate holder's ap- certificate bolder, in writing, oJ the sight. guish each color displayed on every
proved security program. proposed amendment, fixing a. period of (a) Each certificate holder shall en- type of screening equipment and ex-
(b) No certificate holder may use any not leas than 30 days within which It sure that: plain what eaxih color signifies;
person as a crewmember. on a-ny domes- may submit written Information, (1) Baoh person performing a secu- (ill) Scraeners most be able to hear
tic or Luternationa.l flight unless •with- views, and arguments on the .amend- rity-related function for the certificate and respond to the spoken voice and to
in (he preceding 12 calendar months or holder has knowledge of the provisions audible alarms generated by screening
within the time period specified in an ment. of this pwt 108, applicable Security Di- equipment In an active checkpoint en-
Advanced Qualification Program ap- CZ) After considering Ml relevant ma- rectives and Information Circulars pro- vironment;
proved undar SPAR 5B that, person has terial, the Administrator notifies the mulgated pursuant to §103.18, and the (iv) Screeners performing physical
satisfactorily completed the security certificate holder of any amendment certificate holder's security program searches or other related operations
training required by {121.417(bK9)(v) or adopted or rescinds the no bias. The to the extent that the pertorraanoa of must be able to efficiently and thor-
§ 135.33 l(b)(3)(v) of this chapter and as amendment becomes effective not less the function imposes a, need to know. oughly manipulate and handle such
 § 108.33
baggage, containers, and other objects
subject bo security processing; and
(v) Soreeners who perform pat-downs
or hand-held metal detector searches of.
persona must have so/Holent dexterity
aJfld capability to conduct those, proce-
dures on all parts o/ the persons' bod-
ies.
(3) The ability to read, speak, and
write English well enough to:
(I) Carry out written and oral in-
structions regarding the proper per-
formance of screening duties;
(II) Read English language Identifica-
tion media, credentials, airline tickets,
and labels on items normally encoun-
tered in the screening; process;
(III) Provide direction to and under-
stand and answer questions from
English-speaking persons undergoing
screening; and
(tv) Write incident reports and state-
ment and log entries into security
records In tha English language.
(4) Satisfactorily completed all ini-
tial, recurrent; and appropriate special-
ized --training required by the cerblU-
cate^holder's security program,
(b) Notwithstanding tbo provisions of
paragraph (a)(4) of this section, the cer-
tificate holder may use a person daring
o the on-the-job portion of training to
perform security (unctions provided
that the person Is closely supervised
and does nob make Independent judg-
ments as to whether persons or prop-
O
erty may enter a sterile area or air-
craft without further inspection.
•ac
(0) Wo certificate holder shall use a
person to perform a screening function
alter that person has failed an oper-
ational test related to that function
until that person has successfully com-
pleted the remedial training specified
In the certificate holder's security pro-
gram.
(d) Bach certificate holder shall en-
sure bha-t a Qround Security Coordi-
nator conducts and documents an an-
nual evaluation of each person assigned
screening duties and may continue
C--J
bhat parson's employment in a screen-
oo ing capacity only upon the determina-
tion by that Ground Security Coordi-
nator thab the person:
(1) Has nob suffered a significant dim-
inution of any physical ability required
to perform a screening function since
the last evaluation ol those abilities;
14 CFR Ch. I (1-1-01 EdlHon)
(2) Has a satisfactory record of per-
formance and attention to duty; and
(3) Demonstrates the current knowl-
edge and skills necessary to cour-
teously, vigilantly, and. effectively per-
form Bra-Boning functions.
(e) Paragraphs (a) through (d) of this
section do not apply to those screening
functions conducted outside the United
States over which the certificate hold-
er does nob have operational control.
(I) Ab locations outside the United
States where the certificate holder has
operational control over a. aoreen'ng
function, the certificate holder may
use screeaers who do nob meet the re-
quirements of paragraph (a)(3) of thia
section, provided that at least one rep-
resentative of the certificate bolder
who has the ability to fuuotlonaUy
read and speak English is present while
bhe certificate holder's passengers are
undergoing security processing.
[Don. No. 2B&22, 56 PR 4M2S. Aug. 21), 1991)
g 108,33 Employment _ history,
verification and criminal history
records ubecks.
(a) Scope. The following persons are
wi thiii the acope of this section:
(1) Each employee or contractor em-
ployee covered under a carfctflcatlon
made to an airport operator, pursuant
to &l(W.31(iv) of this chapter, made on or
altar November 23, 1998.
(2) Bach individual issued air carrier
IdenUilca-tiou media that one or more
airports accepts as airport approved.
media for unescorted access within a
security identification display area
(SIDA) as described in S10T.25 of this
chapter.
(3) Each individual assigned, after
November 23, 19BB, to perform the fol-
lowing functions:
(I) Screen passengers or property
that will oe carried in a cahin of an air-
craft of an air carrier required to
screen passengers under this part.
(II) Serve as sja immediate supervisor
(checkpoint security supervisor (OSS)),
or the next supervisory level (shift or
site supervisor), to those individuals
described in paragraph (a)(3)(l) of this
section.
(b) Employment Malory investigations
required- Bach air carrier must ensure
that, for each individual described in
Federal Aviation Administration. DOT
(a) of this section, the fol-
lowing requirements are met:
(1) The Individual has satisfactorily
undergone Part 1 of an employment
history Investigation. Part 1 consists
or a. review of the previous 10 years of
employment, history and verifications
of the 5 employment years preceding
the date the employment history inves-
tigation is initiated as provided in
paragraph (c) of this section; and
(2) If required by paragraph (o)(5) of
this section, the individual has satis-
fied Part 2 of the employment history
investigation. Part 1 is the process to
determine if the individual has a crimi-
nal record. To satisfy Part 2 or the In-
vestigation the criminal records checfc
must Dot disclose that, the Individual
has been convicted or found not guilty
by reason of Insanity, in any jurlsdlo-
tion, daring the 10 years ending on the
date of such investigation, oC any of
the crimes listed below:
(I) Forgery of CBrt.1fica.fces. false
marking of. aircraft, and other aircraft
registration violation, 49 U.S.O. 46306;
(II) Interference with air navigation,
49 U.S.C. 463flB;
(ill) Improper transportation of a,
hazardous material, 49 U.S.C. 463 12;
(iv) Aircraft piracy, 49 U.S.O. 46502;
(v) Interference with fllglterew
members or flight attendants. 49 U.S.C.
46504;
(vl) Commission of certain crimes
aboard aircraft in flight, 49 TJ.S.C.
46S06;
(vti) Carrying a. weapon or explosive
aboard aircraft, 49 U.S.O. 46606;
(viii) Conveying false information
and threats, 19 U.S.O. 46507;
(Ix) Aircraft piracy outside the spe-
cial aircraft jurisdiction of the United
States, 49 U.S.O. 4fiS4B(b);
(x.) Lighting violations Involving
transporting controlled aubstances. 49
U.S.C. 46316;
(xi) Unlawful entry into an aircraft
or airport area that serves air carriers
or foreign air carriers contrary to es-
tablished security requirements, 49
U.S.O. 46314;
(xll) Destruction of an aircraft or air-
craft facility. 18 U.S.O. 32;
(xlil) Murder;
Otiv) Assault with intent to murder;
(xv) Espionage;
(xvi) Sedition;
§106.33
(xvll) Kidnapping or hostage taking;
(•xvlll) Treason;
(six) Rape or aggravated sexual
abuse;
(xx) Unlawful possession, uae, sale
distribution, or manufacture of an ex-
plosive or weapon;
(xxi) Extortion;
(xxli) Armed robbary,
(xxiii) Distribution of, or intent to
distribute, a. controlled substance;
(xxiv) Felony arson; or
(xxv) Conspiracy or attempt to com-
mit any of the aforementioned crimi-
nal acts.
(0) Investigative steps. Part 1 of the
employment history Investigations
must he completed on all persons de-
fioribud In paragraph (a.) of this section
If required by paragra-pb (c)(5) of this
section, Part 2 c£ the employ mo at his-
tory Investigation must aJso he com-
pleted on all persons listed in para-
graph (a) of this section.
(1) The Individual must provide the
following information on an applica-
tion:
(1) The individual's full name, includ-
ing any aliases or nicknames;
(ii) The dates, names, phone num-
bers, and addresses of previous employ-
ers, with explanations for any gaps. In
employment of more than 12 consecu-
tive months, during the previous 10-
year period;
(lit) Any convictions during the pre-
vious 10-year period of the crimes list-
ed in paragraph (b)(2) of this section.
(2) The air carrier must include on
the application form a notification
bhat the individual will be subject to
an employment history verification
and poBsibly a criminal records check.
C3) The air carrier must verify the
identity of fcha individual through the
presentation of two forms of identifica-
tion, one of which most bear tha indi-
vidual's photograph,
(4) The air carrier nmst, verify the in-
formation on the most recent 5 years of
employment history required under
paragraph (c)(l)(Il) of this section. In-
formation, must be verified in writing,
by documentation, by telephone, or In
person.
(5) If one or more of the conditions
(.triggers) listed in § lflB.33<c)(5) (i)
 §108.33
\h (iv) exist, the employment his-
tory Investigation must nob be consid-
ered complete unless Part 2 Is accom-
plished. Only the air carrier may Ini-
tiate Part 2. Fart 2 consists of a com-
parison of the Individual's fingerprints
O against the fingerprint Dies of known
criminals maintained by the Federal
Bureau of Investigation (FBI). The
comparison of'the individual's finger-
priDts ravist be processed through the
KAA. The air, carrier may request a.
check of the Individual's .fiBgerprint-
baaed criminal record only if one or
more of the following conditions exist:
(1) The individual does not satisfac-
torily account for a period of unem-
ployment ol ]4 consecutive months or
more during ths prevloue 10-year pe-
riod'..
(11; The individual is unable to sup-
porb'/Mateinents made on Die applica-
tion form.
(Ill) There are significant tnoonsiat-
enoles in the information provided on
bhe .application.
(IT) Information becomes available to
the air carrier during bhe investigation
nulicaUhg a possible conviction for one
of the crimes listed in paragraph (ta)(2)
of this section.
(d) Individual notification. Prior to
commencing Use criminal records
o check, bhe nlr carrier must notify bhe
affected Individuals and Identify -a
O point of contact for follow-up. An indi-
vidual who chooses nob to submit fin-
gerprints may not he granted
unescorted access privilege and may
not be allowed to hold screener or
sereenev supervisory positions.
(e) Fingerprint processing. If a. finger-
print comparison is neceasary under
paragraph (c)(6) of bhls section to oom-
plste the employment history Inves-
tigation the air carrier mu&b collect
and process fingerprints In the fol-
lowing manner:
(1) One set of legible and classifiable
<—I fingerprints must be recorded on fin-
gerprint cards approved by the FBI and
oo distributed by the PA A. for this pur-
pose.
(2) The fingerprints moat be obtained
from bhe individual under direct obser-
vation by the air carrier or a law en-
forcement officer. Individuals submit-
ting their fingerprints must nob taJce
14 CFR Ch. I (1-1-01 Edilion)
'.>•.
possession of their fingerprint ca;-d
alter bhey have been fingerprinted.
(3) The Identify of the individual
must be verified, a-b the time finger-
prints are. obtained. The individual
must present two forms of Identifica-
tion, one of which musk bear ths Indi-
vidual's photograph.
(4) The fingerprint card cnaat be for-
warded to FAA at the location speci-
fied by bhe Administrator.
(6) Fees for the processing of the
criminal records checks are due upon
application. Air carriers must submit
payment through corporate check,
cashier's check, or money order made
payable bo "U.S. FAA." at bhe des-
ignated rate for each fingerprint card.
Combined payment for multiple appli-
cations is acceptable. The designated
rate for processing the fingerprint
cards is available from the local FAA
security office.
(f) Determination of arresl status. In
conducting the criminal record checks
required by this section, the air carrier
must not consider the employment his-
tory Investigation complete unless it
Investigates arrest information for the
crimes listed In paragraph (t>)(2) of this
section for which no disposition has
bean recorded and makes a determina-
tion that the arrest did not result in a
disqualifying conviction.
(g) Availability and collection of FBI
records and notification of disqualifica-
tion. (1) At the time 1'art 2 is Initiated
and bhe fingerprints are collected, the
air carrier must notify the individual
that a copy of the criminal record re-
ceived from bhe FBI will be made avail-
able to the Individual If requested In
writing. When requested In writing, the
air carrier must make available to the
Individual a copy of any criminal
record, received from bhe FBI.
(2) Prior to making a final decision
to deny aqthorlzablou to an individual
described in paragraph (a.) of this sec-
tion, the air carrier must advise bbe in-
dividual that the FBI criminal record
dlsclOB&s Information that would dis-
qualify him/her from positions covered
under bhls rule and provide' him/her
•with a. copy of their FBI racord if re-'
quested.
(3) The air carrier must notify an In-
dividual that a. final decision has baen
made to forward, or not forward a. letter
Federal*Aviation Admlnlsltatton, DOT
of. aertificaUori• for unescorted'access
to the airport.operator, or to grant or
deny the individual aixbhoriby to per-
form screening functions listed under
paragraph (a-)(3) of this section.
(h) Corrective action by ttie individual.
The individual may oontacb bhe local
jurisdiction responsible foi- the Infor-
mation and the FBI to.complete or OOL--
rect the Information contained In his.'
her record before the-air carrier makes
any decision to withhold his/her name
from a. certification, or not grant au-
thorization to perform screening func-
tious subject to the following condi-
tions:
(0 Within 30 days after being advised
that the criminal record received from
bhe FBI discloses disqualifying Infor-
mation, bhe Individual roust notify the
air carrl&r, in writing, of his/her intenb
to correct any information believed to
be inaacnra-be.
(2) Upon notification by an Individual
that the record has been corrected, the
air carrier must obtain a copy ol bhe
revised FBI record prior bo making a
final determination.
(3) If no notification is received with-
in 30 days, the air carrier may make a
final determination.
(1) Limits on. dissemination of results.
Criminal record Information provided
by the FBI mast be used solely For the
purposes of this section, and no person
may disseminate bhe results of a crimi-
nal record check to anyone- other than:
(1) The Individual bo whom the record
pertains or that individual's authorized
representative;
(2) Air carrier officials with a. need to
know;and
(3) O tilers designated by the Adminis-
trator.
(J) Employment status wlitte awaiting
criminal record cliecks. Individuals who
have submitted, their fingerprints and
are awaiting FBI results may perform
work details under the following condi-
tions:
(1) Those seeking unescorted access
to Une BIDA must be escorted by some-
one who has unescorted SIDA. access
privileges;
(2) Those applicants seeking posi-
tions covered under paragraphs (sO(S)
and (a)(4> of this section, may nob exer-
cise any independent judgments re-
garding those functions.
§ 10
(k.) Recordkeeping. (1) The air car
must physically maintain and con
Part i employment history Inves
tion file nnbil 100 days after the te
nation of the Individual's uituorUy
unescorted access or becmlnatioii
positions covered under parag
(a,)(3) of bhis section. Part 1 of the
ployment history investigation, c
pleted on screening personnel mus
maintained at the airport where
• perform screening functions. Part
the employment history Investiga
file must consist of the following:
(1) The application;
(U) The employment verification
formation obtained, by the employe
i (Iii) the names of those from w
the employment verification info
tion was obtained;
(iv) The date and the method of
the contact was made; and
(v) Any other Information as requ
by the Administrator.
(2) The air carrier musb physic
maintain, control and when ap
priate destroy Part 2, the crim
record file. lor each individual
whom a fingerprint comparison
been made. Part 2 mu&b ba mainta
for 180 days after the termination
the individual's authority
unescorted acce&s or after the i
vidual ceases to perform scree
functions. Only direct air carrier
ployees may carry out Fart 2 res
sibilities. Part 2. must consist ot
following:
0) The results of the record chec
(11) Certification from the air ca
that the. check was completed and
nob uncover a disqualifying convict
(3) The files required by bhls p
graph musb ba maintained In a mar
that is acceptable bo the Administ
and in a manner that protects the
fldentialiby of tbe Individual.
(1) Co-nlinui'ng responsibilities. (1)
individual authorized to
unescorted access privilege to
BIDA or who performs functions
erfod under paragraph (a)(3) of this
tion, who Is subsequently convicte
any of the crimes listed in parag
(b)(2) of tbis section nxixet. withi
hours, report bhe conviction to the
carrier and surrender bhe SIDA ac
medium or any employment rel
Identification medium to the issuer
 § 109.5
Federal Aviation Administration, DOT
14 CFRCh. 1(1-1-01 Edtllon) thajj 80 days within which it may S.U.D-
PI. 109 the Assistant Administrator for Civil mlt written Information, views, and ar-
PART 109-lNDIRECT AIR CARRIER Aviation Security. guments on the amendment.
(Z) If Information becomes available (2) After considering all relevant ma-
to the.air carrier indicating that an in- SECURITY rDOQ. No. 19140. 4.4 ra 12145. Dec. 13. 1319, as
amended by Ajndl. 109-1, 54 FK. 31*293. Sept. terial, the Administrator notifies the
dividual has a .possible conviction for 25. 1S89; Arnrtt. 109-3, «2 FB 11144, Mar. 21. carrier of any amendment adopted, or
one of the disqualifying crimes In para- Sec. rescinds the notice of the proposed
graph (t>)(2) of this section, the air car- 109.1 Applicability.
109.3 Security program. 13OTJ amendment. The amendment becomes
rier must determine the status of the 109.5 Approval of flecority programs a.ntl §100,5 Approval of security programs effective not leas than 30 days alter
conviction and. If the conviction is aoiiandraenls. - arid amendments. such person receives the notice, unless
confirmed: AUTHORITY: 49 U.S.C. I06(e). £103, 10113. (a.) Bach indirect air carrier shall It petitions the Administrator to re-
(I) Immediately revoke access aa- 40119, 4<W1-4470Q. 41105. 449B1-HS05. 44BD7. submit its security program to the Ad- consider the amendment, in which case
thorlas.tlon for unescorted access to 44913-W9J4, «9d», 419S5-44K16. 4610&. ministrator for approval. Bach carrier the effective date la stayed by the Ad-
the SIDA; or engaged in the air transportation of ministrator.
(II) Immediately remove the Indi- $ 109.1 Applicability. property before December 13,1979. shall (3) If the Admins tra.tor finds that
vidual from screening functions cov- (a.) This part prescribes aviation se- submit its program no later than Janu- there is an emerganoy requiring Imme-
ered under paragraph (a)(3) of thia seo- curity rules governing each alr( carrier, ary 14, 1980. Each carrier not engaged diate action with respect to safety in
Mou. Including- each air freight forwarder in air transportation or Intrastale air air transportation of in air commerce
(m) Air carrier responsibility. The air and each cooperative shippers' associa- transportation of property before De- that makes the procedure in this para-
carrier must; tion, engaged Indirectly in air trans- cember 13, 1979, shall submit its pro- graph impracticable or contrary to the
(I) Designate an Individus,l(s), In the portation of property; gram at least 30 days before the date It public interest he may issue an amend-
security program, to be responsible for properly (b) For the purposes of this part. Intends to engage In that transpor- ment, effective an the date tha carrier
maintaining and controlling the em- means any package cargo. tation. receives notice of it. and not subject bo
ployment history Investigation for fDoo. No. IS WO. 14 FH 12345, Deo. 13. 1879] (b) Within JO days after receipt of the stay. In such a case, the Administrator
those whom the air carrier has made a program, the Administrator either ap- incorporates the findings and a brier
certification to an airport operator ft 109.3 Security program. proves the program or notifies the car- statement of the reasons for it, in the
under §101.31(n)(l) of this chapter and (a.) Each Indirect aJr carrier shall rier as to modifications necessary for notice of the amendment to be. adopted,
the program to comply with this part, (e) A carrier may submit a request tc
for destroying the criminal record flies adopt and carry oat a security program (c) Any peraon notified pursuant to the Administrator to amend its -.pro
when their maintenance la no longer that— paragraph (b) of this section nmy peti- gram. The application must be filet
required by paragraph (k)(2) of this sec- (1) Is designed to prevent or dieter the
unauthorized introduction of any ex- tion the Administrator to reconsider with the Administrator at least 30 day;
tion. the notice bo modify within 3D days before the date It proposes for th
(2) Designate Individuals), In the se- plosive or incendiary device Into any after receipt of the notice and. except amendment to become effective, nnles
curity program, to maintain and con- package cargo Intended for carriage by in the case ol any emergency requiring a shorter period Is allowed by the Ad
trol Fart 1 of the employment history air;(2) Is in writing and signed by the immediate action in the interest of inlnistrator. Within 16 days after r<
o Investigations of screaneis whose files caj-rier or HMS person delegated author- safety, the filing- of the petition stays ceipt of a proposed, amendment, the At
must be maintained at the location or the notice pending a. decision by the Dvinistrator either approves or dani<
station where the screener is per- ity(3)inIncludes this matter;
a system of security safe- the request. Within 30 days after r
Admlnistra tor.
formlng his at her duties. guards acceptable to the Adminis- (d) The Administrator may order delving from the Administrator a. n
(3) Designate Individuals), In the se- trator; and < amendment of ao approved security tics ot refusal to approve the app)ic
O curity program, to serve as the contact (1) Has bean approved by the,,.Admln- 'program, if it Is determined that safety tion lor amendment, the applicant m;
bo receive notification from an indi- ietrator. * and the public Interest require the petition the Administrator to reco
vidual applying: for either unescorted (b) Bach indirect air carrier shall amendment, as follows:
access or those seeking to perform maintain at least one complete copy of (1) The Administrator notifies the sider the refusal to amend.
screening' ID-nations of his or her intent Its security program at Its principal carrier, in writing, of the proposed
to seek correction of his or her crimi- business office, and a complete cogy or amendment, fixing a period of not lees
nal record with the FBI. the pertinent portions of its as;jrity
(1) Deslgna.be an individual(s). In the program or appropriate Implement ing
security program, to maintain and con- instructions at each office where pack-
trol Part 2 of the employment history age cargo Is accepted, and shall make
investigation tile Tor all employees, those documents available for Inspec-
contractors, or others who undergo a tion upon request of any Civil Aviation
fingerprint comparison at the request Security Special Agent,
of the. air carrier. (c) Each indirect air carrier snail—
(5) Audit the employment history in- (1) RaiUict the distribution, disclo-
vestigations performed' In accordance sure, and variability of sensitive secu-
with 'this! section. The audit process rity information, as defined In part 191
must be set forth In the air carrier ap- of this chapter, to persons with a need-
proved security program. to-know; and
(2) Refer requests for sensitive secu-
. No. 2BHS9. S3 FR £1220, Sepb. 24. 19SB; 63 rity vafonna-Uou by other persons to
Pa 60449, Hov. ». ISM] 345