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<B>Federal Airport Regulations</B>
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FAA security regulations generally place responsibility for screening passengers and baggage with the air carriers (see link to FAR 108), and for providing the secure environment within which the air carriers operate, including access control and police responsibilities with the airport (see <A HREF="part107.html">Part 107)</A>. <P>CTI Consulting specializes in assisting airports and air carriers with the interpretation and implementation of these rules and regulations. Please feel free to call our aviation security specialists for assistance at 1-800-783-4284, or e-mail us at
<A HREF="mailto:[email protected]">[email protected]</A></TD>
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<B>FAR Booklets - Easy Reference Java Format</B>
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<PARAM NAME="t1" VALUE="0| About FARs | About FARs |">
<PARAM NAME="d1" VALUE="FAA security regulations generally place responsibility for screening passengers and baggage with the air carriers (see tab to FAR 108), and for providing the secure environment within which the air carriers operate, including access control and police responsibilities with the airport (see tab to 107). CTI Consulting specializes in assisting airports and air carriers with the interpretation and implementation of these rules and regulations. Please feel free to call our aviation security specialists for assistance at 1-800-783-4284, or e-mail us at [email protected].">
<PARAM NAME="t2" VALUE="0| Please Note | ">
<PARAM NAME="d2" VALUE=" As this booklet went to press in December 1998, FAR 107 and FAR 108 were in the process of extensive revision by the FAA, and will ultimately also cause certain changes in FAR 139. Counter Technology Inc. will make every effort to provide the newest version of the regulations when they become finalized, but there is no specific scheduled date of completion or publication anticipated by FAA. Until then, the reader should be certain that he is working with the correct version of the regulations.
">
<!-- 107 TAB DATA-->
<PARAM NAME="t3" VALUE="1|Sec. 107.1 Applicability and Definitions|">
<PARAM NAME="d3" VALUE=" Sec. 107.1 Applicability and definitions. |
(a) This part prescribes aviation security rules governing-- |
(1) The operation of each airport regularly serving the scheduled passenger operations of a certificate holder required to have a security program by Sec. 108.5(a) of this chapter; |
(2) The operation of each airport regularly serving scheduled passenger operations of a foreign air carrier required to have a security program by Sec. 129.25 of this chapter; |
(3) Each person who is in or entering a sterile area on an airport described in paragraph (a)(1) or (a)(2) of this section; and |
(4) Each person who files an application 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. |
(b) For purposes of this part-- |
(1) 'Airport Operator' means a person who operates an airport regularly serving scheduled passenger operations of a certificate holder or a foreign air carrier required to have a security program by Sec. 108.5(a) or Sec. 129.25 of this chapter; |
(2) Air Operations Area means a portion of an airport designed and used for landing, taking off, or surface maneuvering of airplanes; |
(3) 'Escort' means to accompany or supervise an individual who does not have unescorted access authority to areas restricted for security purposes, as identified in the airport security program, in a manner sufficient to take action should the individual engage in activities other than those for which the escorted access is granted. The responsive actions can be taken by the escort or other authorized individual. |
(4) 'Exclusive Area' means that part of an air operations area for which an air carrier has agreed in writing with the airport operator to exercise exclusive security responsibility under an approved security program or a security program used in accordance with Sec. 129.25; |
(5) Law enforcement officer means an individual who meets the requirements of Sec. 107.17; and |
(6) 'Sterile Area' means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program or a security program used in accordance with Sec. 129.25. | ">
<PARAM NAME="t4" VALUE="1 |Sec. 107.2 Falsification|">
<PARAM NAME="d4" VALUE="Sec. 107.2 Falsification. |
No person may make, or cause to be made, any of the following: |
(a) Any fraudulent or intentionally false statement in any application for any security program, access medium, or identification medium, or any amendment thereto, under this part. |
(b) Any fraudulent or intentionally false entry in any record or report that is kept, made, or used to show compliance with this part, or exercise any privileges under this part. |
(c) Any reproduction or alteration, for fraudulent purpose, of any report, record, security program, access medium, or identification medium issued under this part. |">
<PARAM NAME="t5" VALUE="1 |Sec. 107.3 Security program. | ">
<PARAM NAME="d5" VALUE="Sec. 107.3 Security program. |
(a) No airport operator may operate an airport subject to this part unless it adopts and carries out a security program that-- |
(1) Provides for the safety of persons and property traveling in air transportation and intrastate air transportation against acts of criminal violence and aircraft piracy; |
(2) Is in writing and signed by the airport operator or any person to whom the airport operator has delegated authority in this matter; |
(3) Includes the items listed in paragraph (b), (f), or (g) of this section, as appropriate; and |
(4) Has been approved by the Director of Civil Aviation Security. |
(b) For each airport subject to this part regularly serving scheduled passenger operations conducted in airplanes having a passenger seating configuration (asdefined in Sec. 108.3 of this section of this chapter) of more than 60 seats, the security program required by paragraph (a) of this section must include at least the following: |
(1) A description of each air operations 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 each exclusive area, including its dimensions, boundaries, and pertinent features, and the terms of the agreement establishing the area. |
(4) The procedures, and a description of the facilities and equipment, used to perform the control functions specified in Sec. 107.13(a) by the airport operator and by each air carrier having security responsibility over an exclusive area. |
(5) The procedures each 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 Sec. 107.13(a). |
(6) A description of the alternate security procedures, if any, that the airport operator intends to use in emergencies and other unusual conditions. |
(7) A description of the law enforcement support necessary to comply with Sec. 107.15. |
(8) A description of the training program for law enforcement officers required by Sec. 107.17. |
(9) A description of the system for maintaining the records described in Sec. 107.23. |
(c) The airport operator may comply with paragraph (b), (f), or (g) of this section by including in the security program as an appendix any document which contains the information required by paragraph (b), (f), or (g) of this section. |
(d) Each airport operator shall maintain at least one complete copy of its approved security program at its principal operations office, and shall make it available for inspection upon the request of any Civil Aviation Security Special Agent. |
(e) Each airport operator shall restrict the distribution, disclosure, and availability of information contained in the security program to those persons with an operational need-to-know and shall refer requests for such information by other than those persons to the Director of Civil Aviation Security of the FAA. |
(f) For each airport subject to this part regularly serving scheduled passenger operations conducted in airplanes having a passenger seating configuration (as defined in Sec. 108.3 of this chapter) of more than 30 but less than 61 seats, the security program required by paragraph (a) of this section must include at least the following: |
(1) A description of the law enforcement support necessary to comply with Sec. 107.15(b), and the procedures which the airport operator has arranged to be used by the certificate holder or foreign air carrier to summon that support. |
(2) A description of the training program for law enforcement officers required by Sec. 107.17.|
(3) A description of the system for maintaining the records described in Sec. 107.23. |
(g) For each airport subject to this part where the certificate holder or foreign air carrier is required to conduct passenger screening under a security program required by Sec. 108.5(a) (2) or (3) or Sec. 129.25(b) (2) or (3) of this chapter, or conducts screening under a security program being carried out pursuant to Sec. 108.5(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 enforcement support necessary to comply with Sec. 107.15. |
(2) A description of the training program for law enforcement officers required by Sec. 107.17.|
(3) A description of the system for maintaining the records described in Sec. 107.23. | ">
<PARAM NAME="t6" VALUE="1 |Sec. 107.5 Approval of security program. |">
<PARAM NAME="d6" VALUE="Sec. 107.5 Approval of security program. |
(a) Unless a shorter period is allowed by the Director of Civil Aviation Security, each airport operator seeking initial approval of a security program for an airport subject to this part shall submit the proposed program to the Director of Civil Aviation Security at least 90 days before any scheduled passenger operations are expected to begin by any certificate holder or permit holder to whom Sec. 121.538 or Sec. 129.25 of this chapter applies. |
(b) Within 30 days after receipt of a proposed security program, the Director of Civil Aviation Security either approves the program or gives the airport operator written notice to modify the program to make it conform to the applicable requirements of this part. |
(c) After receipt of a notice to modify, the airport operator may either submit a modified security program or petition the Administrator to reconsider the notice to modify. A petition for reconsideration must be filed with the Director of Civil Aviation Security. |
(d) Upon receipt of a petition for reconsideration, the Director of Civil Aviation Security reconsiders the notice to modify and either amends or withdraws the notice or transmits the petition, together with any pertinent information, to the Administrator for consideration. |
(e) After review of a petition for reconsideration, the Administrator disposes of the petition by either directing the Director of Civil Aviation Security to withdraw or amend the notice to modify, or by affirming the notice to modify. | ">
<PARAM NAME="t7" VALUE="1 |Sec. 107.7 Changed conditions affecting security.| ">
<PARAM NAME="d7" VALUE=" Sec. 107.7 Changed conditions affecting security. |
(a) After approval of the security program, the airport operator shall follow the procedures prescribed in paragraph (b) of this section whenever it determines that any of the following changed conditions has occurred: |
(1) Any description of an airport area set out in the security program in accordance with Sec. 107.3(b) (1), (2), or (3) is no longer accurate. |
(2) The procedures included, and the facilities and equipment described, in the security program in accordance with Sec. 107.3(b) (4) and (5) are not adequate for the control functions described in Sec. 107.13(a). |
(3) The airport operator changes any alternate security procedures described in the security program in accordance with Sec. 107.3(b)(6).|
(4) The law enforcement support described in the security program in accordance with Sec. 107.3 (b)(7), (f)(1), or (g)(1) is not adequate to comply with Sec. 107.15. |
(5) Any changes to the designation of the Airport Security Coordinator (ASC) required under Sec. 107.29. |
(b) Whenever a changed condition described in paragraph (a) of this section occurs, the airport operator shall-- |
(1) Immediately notify the FAA security office having jurisdiction over the airport of the changed condition, and identify each interim measure being taken to maintain adequate security until an appropriate amendment to the security program is approved; and |
(2) Within 30 days after notifying the FAA in accordance with paragraph(b)(1) of this section, submit for approval in accordance with Sec. 107.9 an amendment to the security program to bring it into compliance with this part. | ">
<PARAM NAME="t8" VALUE="1|Sec. 107.9 Amendment of security program by airport operator. |">
<PARAM NAME="d8" VALUE=" Sec. 107.9 Amendment of security program by airport operator.
(a) An airport operator requesting approval of a proposed amendment to the security program shall submit the request to the Director of Civil Aviation Security. Unless a shorter period is allowed by the Director of Civil Aviation Security, the request must be submitted at least 30 days before the proposed effective date. |
(b) Within 15 days after receipt of a proposed amendment, the Director of Civil Aviation Security issues to the airport operator, in writing, either an approval or a denial of the request. |
(c) An amendment to a security program is approved if the Director of Civil Aviation Security determines that-- |
(1) Safety and the public interest will allow it, and |
(2) The proposed amendment provides the level of security required by Sec. 107.3. |
(d) After denial of a request for an amendment the airport operator may petition the Administrator to reconsider the denial. A petition for reconsideration must be filed with the Director of Civil Aviation Security. |
(e) Upon receipt of a petition for reconsideration the Director of Civil Aviation Security reconsiders the denial and either approves the proposed amendment or transmits the petition, together with any pertinent information, to the Administrator for consideration. |
(f) After review of a petition for reconsideration, the Administrator disposes of the petition by either directing the Director of Civil Aviation Security to approve the proposed amendment or affirming the denial. | ">
<PARAM NAME="t9" VALUE="1|Sec. 107.11 Amendment of security program by FAA. | ">
<PARAM NAME="d9" VALUE=" Sec. 107.11 Amendment of security program by FAA. |
(a) The Administrator or Director of Civil Aviation Security may amend an approved security program for an airport, if it is determined that safety and the public interest require the amendment. |
(b) Except in an emergency as provided in paragraph (f) of this section, when the Administrator or the Director of Civil Aviation Security proposes to amend a security program, a notice of the proposed amendment is issued to the airport operator, in writing, fixing a period of not less than 30 days within which the airport operator may submit written information, views, and arguments on the amendment. After considering all relevant material, including that submitted by the airport operator, the Administrator or the Director of Civil Aviation Security either rescinds the notice or notifies the airport operator in writing of any amendment adopted, specifying an effective date not less than 30 days after receipt of the notice of amendment by the airport operator. |
(c) After receipt of a notice of amendment from a Director of Civil Aviation Security, the airport operator may petition the Administrator to reconsider the amendment. A petition for reconsideration must be filed with the Director of Civil Aviation Security. Except in an emergency as provided in paragraph (f) of this section, a petition for reconsideration stays the amendment until the Administrator takes final action on the petition. |
(d) Upon receipt of a petition for reconsideration, the Director of Civil Aviation Security reconsiders the amendment and either rescinds or modifies the amendment or transmits the petition, together with any pertinent information, to the Administrator for consideration. |
(e) After review of a petition for reconsideration, the Administrator disposes of the petition by directing the Director of Civil Aviation Security to rescind the notice of amendment or to issue the amendment as proposed or in modified form. |
(f) If the Administrator or the Director of Civil Aviation Security finds that there is an emergency requiring immediate action that makes the procedure in paragraph (b) of this section impracticable or contrary to the public interest, an amendment may be issued effective without stay on the date the airport operator receives notice of it. In such a case, the Administrator or the Director of Civil Aviation Security incorporates in the notice of the amendment the finding,
including a brief statement of the reasons for the emergency and the need for emergency action. |">
<PARAM NAME="t10" VALUE="1|Sec. 107.13 Security of air operations area. | ">
<PARAM NAME="d10" VALUE="Sec. 107.13 Security of air operations area.|
(a) Except as provided in paragraph (b) of this section, each operator of an airport serving scheduled passenger operations where the certificate holder or foreign air carrier is required to conduct passenger screening under a program required by Sec. 108.5(a)(1) or Sec. 129.25(b)(1) of this chapter as appropriate shall use the procedures included, and the facilities and equipment described, in its approved security program, to perform the following control functions:|
(1) Controlling access to each air operations area, including methods for preventing the entry of unauthorized persons and ground vehicles.|
(2) Controlling movement of persons and ground vehicles within each air operations area, including, when appropriate, requirements for the display of identification. |
(3) Promptly detecting and taking action to control each penetration, or attempted penetration, of an air operations area by a person whose entry is not authorized in accordance with the security program. |
(b) An airport operator need not comply with paragraph (a) of this section with respect to an air carrier's exclusive area, if the airport operator's security program contains-- |
(1) Procedures, and a description of the facilities and equipment, used by the air carrier to perform the control functions described in paragraph (a) of this section; and |
(2) Procedures by which the air carrier will notify the airport operator when its procedures, facilities, and equipment are not adequate to perform the control functions described in paragraph (a) of this section. | ">
<PARAM NAME="t11" VALUE="1|Sec. 107.14 Access control system. | ">
<PARAM NAME="d11" VALUE=" Sec. 107.14 Access control system. |
(a) Except as provided in paragraph (b) of this section, each operator of an airport regularly serving scheduled passenger operations conducted in airplanes having a passenger seating configuration (as defined in Sec. 108.3 of this chapter) of more than 60 seats shall submit to the Director of Civil Aviation Security, for approval and inclusion in its approved security program, an amendment to provide for a system, method, or procedure which meets the requirements specified in this paragraph for controlling access to secured areas of the airport. The system, method, or procedure shall ensure that only those persons authorized to have access to secured areas by the airport operator's security program are able to obtain that access and shall specifically provide a means to ensure that such access is denied immediately at the access point or points to individuals whose authority to have access changes. The system, method, or procedure shall provide a means to differentiate between persons authorized to have access to only a particular portion of the secured areas andpersons 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 Civil Aviation Security will approve an amendment to an airport operator's security program that provides for the use of an alternative system, method, or procedure if, in the Director's judgment, the alternative would provide an overall level of security equal to that which would be provided by the system, method, or procedure described in paragraph (a) of this ">
<PARAM NAME="t12" VALUE="1|Sec. 107.15 Law enforcement support. | ">
<PARAM NAME="d12" VALUE=" Sec. 107.15 Law enforcement support. |
(a) Each airport operator shall provide 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 Sec. 129.25 of this chapter. |
(b) For scheduled or public charter passenger operations with airplanes having a passenger seating configuration (as defined in Sec. 108.3 of this chapter) of more than 30 but less than 61 seats for which a passenger screening system is not required, each airport operator shall ensure that law enforcement officers are available and committed to respond to an incident at the request of a certificate holder or foreign air carrier and shall ensure that the request procedures are provided to the certificate holder or foreign air carrier. |">
<PARAM NAME="t13" VALUE="1 |Sec. 107.17 Law enforcement officers. |">
<PARAM NAME="d13" VALUE="Sec. 107.17 Law enforcement officers. |
(a) No airport operator may use, or arrange for response by, any person as a required law enforcement officer unless, while on duty on the airport, the officer-- |
(1) Has the arrest, authority described in paragraph (b) of this section; |
(2) Is readily identifiable by uniform and displays or carries a badge or other indicia of authority; |
(3) Is armed with a firearm and authorized to use it; and |
(4) Has completed a training program that meets the requirements in paragraph (c) of this section. |
(b) The law enforcement officer must, while on duty on the airport, have the authority to arrest, with or without a warrant, for the following violations of the criminal laws of the State and local jurisdictions in which the airport is located: |
(1) A crime committed in the officer's presence. |
(2) A felony, when the officer has reason 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 specified 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 airport is located, for law enforcement officers performing comparable functions; or |
(2) If the State and local jurisdictions in which the airport is located do not prescribe training standards for officers performing comparable functions, be acceptable to the Administrator. |
(d) The training program required by paragraph (a)(4) of this section must include training in-- |
(1) The use of firearms; |
(2) The courteous and efficient treatment of persons subject to inspection, detention, search, arrest, and other aviation security activities; |
(3) The responsibilities of a law enforcement officer under the airport operator's approved security program; and |
(4) Any other subject the Administrator determines is necessary. |">
<PARAM NAME="t14" VALUE="1 |Sec. 107.19 Use of Federal law enforcement officers. | ">
<PARAM NAME="d14" VALUE="Sec. 107.19 Use of Federal law enforcement officers. |
(a) Whenever State, local, and private law enforcement officers who meet the requirements of Sec. 107.17 are not available in sufficient numbers to meet the requirements of Sec. 107.15, the airport operator may request that the Administrator authorize it to use Federal law enforcement officers. |
(b) Each request for the use of Federal law enforcement officers must be accompanied by the following information: |
(1) The number of passengers enplaned at the airport during the preceding calendar year and the current calendar year as of the date of the request. |
(2) The anticipated risk of criminal violence and aircraft piracy at the airport and to the air carrier aircraft operations at the airport. |
(3) A copy of that portion of the airport operator's security program which describes the law enforcement support necessary to comply with Sec. 107.15. |
(4) The availability of State, local, and private law enforcement officers who meet the requirements of Sec. 107.17, including a description of the airport operator's efforts to obtain law enforcement support from State, local, and private agencies and the responses of those agencies. |
(5) The airport operator's estimate of the number of Federal law enforcement officers needed to supplement available officers and the period of time for which they are needed.
(6) A statement acknowledging responsibility for providing reimbursement for the cost of providing Federal law enforcement officers. |
(7) Any other information the Administrator considers necessary.
(c) In response to a request submitted in accordance with this section, the Administrator may authorize, on a reimbursable basis, the use of law enforcement officers employed by the FAA or by any other Federal agency, with the consent of the head of that agency. | ">
<PARAM NAME="t15" VALUE="1 |Sec. 107.20 Submission to screening. |">
<PARAM NAME="d15" VALUE="Sec. 107.20 Submission to screening. |
No person may enter a sterile area without submitting to the screening of his or her person and property in accordance with the procedures being applied to control access to that area under Sec. 108.9 or Sec. 129.25 of this chapter. |">
<PARAM NAME="t16" VALUE="1 |Sec. 107.21 Carriage of an explosive, incendiary, or deadly or dangerous weapon.|">
<PARAM NAME="d16" VALUE="Sec. 107.21 Carriage of an explosive, incendiary, or deadly or dangerous weapon. |
(a) Except as provided in paragraph (b) of this section, no person may have an explosive, incendiary, or deadly or dangerous weapon on or about the individual's person or accessible property-- |
(1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area; and |
(2) When entering or in a sterile area. |
(b) The provisions of this section with respect to firearms do not apply to the following: |
(1) Law enforcement officers required to carry a firearm by this part while on duty on the airport. |
(2) Persons authorized to carry a firearm in accordance with Sec. 108.11 or Sec. 129.27. |
(3) Persons authorized to carry a firearm in a sterile area under an approved security program or a security program used in accordance with Sec. 129.25. |">
<PARAM NAME="t17" VALUE="1|Sec. 107.23 Records.| ">
<PARAM NAME="d17" VALUE=" Sec. 107.23 Records. |
(a) Each airport operator shall ensure that-- |
(1) A record is made of each law enforcement action taken in furtherance of this part; |
(2) The record is maintained for a minimum of 90 days; and |
(3) It is made available to the administrator upon request. |
(b) Data developed in response to paragraph (a) of this section must include at least the following: |
(1) The number and type of firearms, explosives, and incendiaries discovered during any passenger screening process, and the method of detection of each. |
(2) The number of acts and attempted acts of air piracy. |
(3) The number of bomb threats received, real and simulated bombs found, and actual bombings on the airport. |
(4) The number of detentions and arrests, and the immediate disposition of each person detained or arrested. ">
<PARAM NAME="t18" VALUE="1|Sec. 107.25 Airport identification media.| ">
<PARAM NAME="d18" VALUE=" Sec. 107.25 Airport identification media. |
(a) As used in this section, 'security identification display area' means any area identified in the airport security program as requiring each person to continuously display on their outermost garment, an airport-approved identification medium unless under airport-approved escort. |
(b) After January 1, 1992, an airport operator may not issue to any person any identification media that provides unescorted access to any security identification display area unless the person has successfully completed training in accordance with an FAA-approved curriculum specified in the security program. |
(c) By October 1, 1992, not less than 50 percent of all individuals possessing airport-issued identification that provides unescorted access to any security identification display area at that airport shall have been trained in accordance with an FAA-approved curriculum specified in the security program. |
(d) After May 1, 1993, an airport operator may not permit any person to possess any airport-issued identification medium that provides unescorted access to any security identification display area at that airport unless the person has successfully completed FAA-approved training in accordance with a curriculum specified in the security program. |
(e) The curriculum specified in the security program shall detail the methods of instruction, provide attendees the opportunity to ask questions, and include at least the following topics: |
(1) Control, use, and display of airport-approved identification or access media; |
(2) Challenge procedures and the law enforcement response which supports the challenge procedure; |
(3) Restrictions on divulging information concerning an act of unlawful interference with civil aviation if such information is likely to jeopardize the safety of domestic or international aviation; |
(4) Non-disclosure of information regarding the airport security system or any airport tenant's security systems; and |
(5) Any other topics deemed necessary by the Assistant Administrator for Civil Aviation Security. |
(f) No person may use any airport-approved identification medium that provides unescorted access to any security identification display area to gain such access unless that medium was issued to that person by the appropriate airport authority or other entity whose identification is approved by the airport operator. |
(g) The airport operator shall maintain a record of all training given to each person under this section until 180 days after the termination of that person's unescorted access privileges. |">
<PARAM NAME="t19" VALUE="1|Sec. 107.27 Evidence of compliance. | ">
<PARAM NAME="d19" VALUE="Sec. 107.27 Evidence of compliance. |
On request of the Assistant Administrator for Civil Aviation Security, each airport operator shall provide evidence of compliance with this part and its approved security program. |">
<PARAM NAME="t20" VALUE="1|Sec. 107.29 Airport Security Coordinator. | ">
<PARAM NAME="d20" VALUE=" Sec. 107.29 Airport Security Coordinator. |
Each airport operator shall designate an Airport Security Coordinator (ASC) in its security program. The designation shall include the name of the ASC, and description of the means by which to contact the ASC on a 24-hour basis. The ASC shall serve as the airport operator's primary contact for security-related activities and communications with FAA, as set forth in the security program. |">
<PARAM NAME="t21" VALUE="1|Sec. 107.31 Employment history, verification and criminal history records checks. | ">
<PARAM NAME="d21" VALUE=" Sec. 107.31 Employment history, verification and criminal history
records checks. |
(a) Scope. On or after January 31, 1996, this section applies to
all airport operators; airport users; individuals currently having
unescorted access to a security identification display area (SIDA) that
is identified by Sec. 107.25; all individuals seeking authorization
for, or seeking the authority to authorize others to have, unescorted
access to the SIDA; and each airport user and air carrier making a
certification to an airport operator pursuant to paragraph (n) of this
section. An airport user, for the purposes of Sec. 107.31 only, is any
person making a certification under this section other than an air
carrier subject to Sec. 108.33. |
(b) Employment history investigations required. Except as provided
in paragraph (m) of this section, each airport operator must ensure
that no individual is granted authorization for, or is granted
authority to authorize others to have, unescorted access to the SIDA
unless the following requirements are met: |
(1) The individual has satisfactorily undergone Part 1 of an
employment history investigation. Part 1 consists of a review of the
previous 10 years of employment history and verification of the 5
employment years preceding the date the appropriate investigation is
initiated as provided in paragraph (c) of this section; and |
(2) If required by paragraph (c)(5) of this section, the individual
has satisfied Part 2 of the employment history investigation. Part 2 is
the process to determine if the individual has a criminal record. To
satisfy Part 2 of the investigation the criminal record check must not
disclose that the individual has been convicted or found not guilty by
reason of insanity, in any jurisdiction, during the 10 years ending on
the date of such investigation, of any of the crimes listed below: |
(i) Forgery of certificates, false marking of aircraft, and other
aircraft registration violation, 49 U.S.C. 46306; |
(ii) Interference with air navigation, 49 U.S.C. 46308; |
(iii) Improper transportation of a hazardous material, 49 U.S.C.
46312; |
(iv) Aircraft piracy, 49 U.S.C. 46502; |
(v) Interference with flightcrew members or flight attendants, 49
U.S.C. 46504; |
(vi) Commission of certain crimes aboard aircraft in flight, 49
U.S.C. 46506; |
(vii) Carrying a weapon or explosive aboard aircraft, 49 U.S.C.
46505; |
(viii) Conveying false information and threats, 49 U.S.C. 46507; |
(ix) Aircraft piracy outside the special aircraft jurisdiction of
the United States, 49 U.S.C. 46502(b); |
(x) Lighting violations involving transporting controlled
substances, 49 U.S.C. 46315; |
(xi) Unlawful entry into an aircraft or airport area that serves
air carriers or foreign air carriers contrary to established security
requirements, 49 U.S.C. 46314; |
(xii) Destruction of an aircraft or aircraft facility, 18 U.S.C.
32; |
(xiii) Murder; |
(xiv) Assault with intent to murder; |
(xv) Espionage; |
(xvi) Sedition; |
(xvii) Kidnapping or hostage taking; |
(xviii) Treason; |
(xix) Rape or aggravated sexual abuse; |
(xx) Unlawful possession, use, sale, distribution, or manufacture
of an explosive or weapon; |
(xxi) Extortion; |
(xxii) Armed robbery; |
(xxiii) Distribution of, or intent to distribute, a controlled
substance; |
(xxiv) Felony arson; or |
(xxv) Conspiracy or attempt to commit any of the aforementioned
criminal acts. |
(c) Investigative steps. Part 1 of the employment history
investigation must be competed on all persons listed in paragraph (a)
of this section. If required by paragraph (c)(5) of this section, Part
2 of the employment history investigation must also be completed on all
persons listed in paragraph (a) of this section. |
(1) The individual must provide the following information on an
application form: |
(i) The individual's full name, including any aliases or nicknames. |
(ii) The dates, names, phone numbers, and addresses of previous
employers, with explanations for any gaps in employment of more than 12
consecutive months, during the previous 10-year period. |
(iii) Any convictions during the previous 10-year period of the
crimes listed in paragraph (b)(2) of this section. |
(2) The airport operator or the airport user must include on the
application form a notification that the individual will be subject to
an employment history verification and possibly a criminal records
check. |
(3) The airport operator or the airport user must verify the
identity of the individual through the presentation of two forms of
identification, one of which must bear the individual's photograph. |
(4) The airport operator or the airport user must verify the
information on the most recent 5 years of employment history required
under paragraph (c)(1)(ii) of this section. Information must be
verified in writing, by documentation, by telephone, or in person. |
(5) If one or more of the conditions (triggers) listed in
Sec. 107.31(c)(5)(i) through (iv) exist, the employment history
investigation must not be considered complete unless Part 2 is
accomplished. Only the airport operator may initiate Part 2 for airport
users under this section. Part 2 consists of a comparison of the
individual's fingerprints against the fingerprint files of known
criminals maintained by the Federal Bureau of Investigation (FBI). The
comparison of the individual's fingerprints must be processed through
the FAA. The airport operator may request a check of the individual's
fingerprint-based criminal record only if one or more of the following
conditions exist: |
(i) The individual does not satisfactorily account for a period of
unemployment of 12 consecutive months or more during the previous 10-
year period. |
(ii) The individual is unable to support statements made on the
application form. |
(iii) There are significant inconsistencies in the information
provided on the application. |
(iv) Information becomes available to the airport operator or the
airport user during the investigation indicating a possible conviction
for one of the crimes listed in paragraph (b)(2) of this section.
(d) Individual notification. Prior to commencing the criminal |
records check, the airport operator must notify the affected individual
and identify the Airport Security Coordinator as a contact for follow-
up. An individual, who chooses not to submit fingerprints, after having
met a requirement for Part 2 of the employment investigation, may not
be granted unescorted access privilege. |
(e) Fingerprint processing. If a fingerprint comparison is
necessary under paragraph (c)(5) of this section to complete the
employment history investigation the airport operator must collect and
process fingerprints in the following manner: |
(1) One set of legible and classifiable fingerprints must be
recorded on fingerprint cards approved by the FBI, and distributed by
the FAA for this purpose. |
(2) The fingerprints must be obtained from the individual under
direct observation by the airport operator or a law enforcement
officer. Individuals submitting their fingerprints may not take
possession of their fingerprint card after they have been
fingerprinted. |
(3) The identity of the individual must be verified at the time
fingerprints are obtained. The individual must present two forms of
identification, one of which must bear the individual's photograph. |
(4) The fingerprint card must be forwarded to the FAA at the
location specified by the Administrator. |
(5) Fees for the processing 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.
FAA,'' at the designated rate for each fingerprint card. Combined
payment for multiple applications is acceptable. The designated rate
for processing the fingerprint cards is available from the local FAA
security office. |
(f) Determination of arrest status. In conducting the criminal
record checks required by this section, the airport operator must not
consider the employment history investigation complete unless it
investigates arrest information for the crimes listed in paragraph
(b)(2) of this section for which no disposition has been recorded and
makes a determination that the arrest did not result in a disqualifying
conviction. |
(g) Availability and correction of FBI records and notification of
disqualification.|
(1) At the time Part 2 is initiated and the
fingerprints are collected, the airport operator must notify the
individual that a copy of the criminal record received from the FBI
will be made available to the individual if requested in writing. When
requested in writing, the airport operator must make available to the
individual a copy of any criminal record received from the FBI. |
(2) Prior to making a final decision to deny authorization to an
individual described in paragraph (a) of this section, the airport
operator must advise the individual that the FBI criminal record
discloses information that would disqualify him/her from receiving
unescorted access and provide the individual with a copy of the FBI
record if 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. |
(h) Corrective action by the individual. The individual may contact
the local jurisdiction responsible for the information and the FBI to
complete or correct the information contained in his/her record before
any final decision is made, subject to the following conditions: |
(1) Within 30 days after being advised that the criminal record
received from the FBI discloses disqualifying information, the
individual must notify the airport operator, in writing, of his/her
intent to correct any information believed to be inaccurate. |
(i) Upon notification by an individual that the record has been
corrected, the airport operator must obtain a copy of the revised FBI
record prior to making a final determination. |
(2) If not notification is received within 30 days, the airport
operator may make a final determination. |
(i) Limits on dissemination of results. Criminal record information
provided by the FBI must be used solely for the purposes of this
section, and no person may disseminate the results of a criminal record
check to anyone other than: |
(1) The individual to whom the record pertains or that individual's
authorized representative; |
(2) Airport officials with a need to know; and |
(3) Others designated by the Administrator. |
(j) Employment status while awaiting criminal record checks.
Individuals who have submitted their fingerprints and are awaiting FBI
results may perform work within the SIDA when under escort by someone
who has unescorted SIDA access privileges. |
(k) Record keeping. |
(1) Except when the airport operator has
received a certification under paragraph (n)(1) of this section, the
airport operator must physically maintain and control the Part 1
employment history investigation file until 180 days after the
termination of the individual's authority for unescorted access. The
Part 1, employment history investigation file, must consist of the
following: |
(i) The application; |
(ii) The employment verification information obtained by the
employer; |
(iii) The names of those from whom the employment verification
information 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 physically maintain, control and when
appropriate destroy Part 2, the criminal record, for each individual
for whom a fingerprint comparison has been completed. Part 2 must be
maintained for 180 days after the termination of the individual's
authority for unescorted access. Only direct airport operator
employees may carry out this criminal record file responsibility. The
Part 2 criminal record file must consist of the following: |
(i) The criminal record received from the FBI as a result of an
individual's fingerprint comparison; or |
(ii) Information that the check was completed and no record exists. |
(3) The files required by this section must be maintained in a
manner that is acceptable to the Administrator and in a manner that
protects the confidentiality of the individual.
(l) Continuing responsibilities. |
(1) Any individual authorized to
have unescorted access privileges or who may authorize others to have
unescorted access, who is subsequently convicted of any of the crimes
listed in paragraph (b)(2) of this section must, within 24 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
airport user indicating that an individual with unescorted access has a
possible conviction for one of the disqualifying crimes in paragraph
(b)(2) of this section, the airport operator must determine the status
of the conviction. If a disqualifying conviction is confirmed the
airport operator must withdraw any authority granted under this
section. |
(m) Exceptions. Notwithstanding the requirements of this section,
an airport operator may authorize the following individuals to have
unescorted access, or to authorize others to have unescorted access to
the SIDA: |
(1) An employee of the Federal government or a state or local
government (including a law enforcement officer) who, as a condition of
employment, has been subjected to an employment investigation which
includes a criminal record check. |
(2) A crewmember of a foreign air carrier covered by an alternate
security arrangement in the foreign air carrier's approved security
program. |
(3) An individual who has been continuously employed in a position
requiring unescorted access by another airport operator, airport user
or air carrier. |
(4) Those persons who have received access to a U.S. Customs
secured area prior to November 23, 1998. |
(n) Investigations by air carriers and airport users. An airport
operator is in compliance with its obligation under paragraph (b) of
this section, as applicable, when the airport operator accepts for each
individual seeking unescorted access one of the following: |
(1) Certification from an air carrier subject to Sec. 108.33 of
this chapter indicating it has complied with Secs. 108.33 of this
chapter for the air carrier's employees and contractors seeking
unescorted access; or |
(2) Certification from an airport user indicating it has complied
with and will continue to comply with the provisions listed in
paragraph (p) of this section. The certification must include the name
of each individual for whom the airport user has conducted an
employment history investigation. |
(o) Airport operator responsibility. The airport operator must:
(1) Prior to the acceptance of a certification from the airport
user, the airport operator must conduct a preliminary review of the
file for each individual listed on the certification to determine that
Part 1 has been completed. |
(2) Designate the airport security coordinator (ASC), in the
security program, to be responsible for reviewing the results of the
airport employees' and airport users' employment history investigations
and for destroying the criminal record files when their maintenance is
no longer required by paragraph (k)(2) of this section; |
(3) Designate the ASC, in the security 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 investigations performed by the
airport operator in accordance with this section and those
investigations conducted by the airport users made by certification
under paragraph (n)(2). The audit program must be set forth in the
airport security program. |
(p) Airport user responsibility. |
(1) The airport user is responsible for reporting to the airport
operator information, as it becomes available, which indicates an
individual with unescorted access may have a conviction for one of the
disqualifying crimes in paragraph (b)(2) of this section; and |
(2) If the airport user offers certification to the airport |
operator under paragraph (n)(2) of this section, the airport 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 if 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 operator decides to maintain and control Part 1 of
the employment history investigation file; |
(iii) Provide the airport operator and the FAA 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 the files, and the address of the location and the phone |
number at the location where the investigative files are maintained|">
<!-- 108 TAB DATA-->
<PARAM NAME="t22" VALUE="2|Sec. 108.1 Applicability.| ">
<PARAM NAME="d22" VALUE=" Sec. 108.1 Applicability. |
(a) This part prescribes aviation security rules governing-- |
(1) The operations of holders of FAA air carrier operating certificates or operating certificates engaging in scheduled passenger operations or public charter passenger operations; |
(2) Each person aboard an airplane operated by a certificate holder described in paragraph (a)(1) of this section; |
(3) Each person on an airport at which the operations described in paragraph (a)(1) of this section are conducted; |
(4) Each certificate holder who receives a Security Directive or Information Circular and each person who receives information from a Security Directive or an Information Circular issued by the Director of Civil Aviation Security; and |
(5) Each person who files an application 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. |
(b) This part does not apply to helicopter or to all-cargo operations. |">
<PARAM NAME="t23" VALUE="2|Sec. 108.3 Definitions.| ">
<PARAM NAME="d23" VALUE=" Sec. 108.3 Definitions. |
The following are definitions of terms used in this part: |
(a) 'Certificate holder' means a person holding an FAA operating certificate when that person engages in scheduled passenger or public charter passenger operations or both. |
(b) 'Passenger seating configuration' means the total number of seats for which the aircraft is type certificated that can be made available for passenger use aboard a flight and includes that seat in certain airplanes which may be used by a representative of the Administrator to conduct flight checks but is available for revenue purposes on other occasions. |
(c) 'Private charter' 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 borne entirely by the charterer and not directly or indirectly by the individual passengers. |
(d) 'Public charter' means any charter that is not a 'private charter.' |
(e) 'Scheduled passenger operations' means holding out to the public of air transportation service for passengers from identified air terminals at a set time announced by timetable or schedule published in a newspaper, magazine, or other advertising medium. |
(f) 'Sterile area' means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program or a security program used in accordance with Sec. 129.25. ">
<PARAM NAME="t24" VALUE="2|Sec. 108.4 Falsification | ">
<PARAM NAME="d24" VALUE=" Sec. 108.4 Falsification. |
No person may make, or cause to be made, any of the following:|
(a) Any fraudulent or intentionally false statement in any application for any security program, access medium, or identification medium, or any amendment thereto, under this part.|
(b) Any fraudulent or intentionally false entry in any record or report that is kept, made, or used to show compliance with this part, or to exercise any privileges under this part. |
(c) Any reproduction or alteration, for fraudulent purpose, of any report, record, security program, access medium, or identification medium issued under this part. |">
<!-- 139 TAB DATA-->
<PARAM NAME="t25" VALUE="2|Sec. 108.5 Security program: Adoption and implementation. | ">
<PARAM NAME="d25" VALUE="Sec. 108.5 Security program: Adoption and implementation. |
(a) Each certificate holder shall adopt and carry out a security program that meets the requirements of Sec. 108.7 for each of the following scheduled or public charter passenger operations: |
(1) Each operation with an airplane having a passenger seating configuration of more than 60 seats.|
(2) Each operation that provides deplaned passengers access, that is not otherwise controlled by a certificate holder using an approved security program or a foreign air carrier using a security program required by Sec. 129.25, to a sterile area. |
(3) Each operation with an airplane having a passenger seating configuration of more than 30 but less than 61 seats; except that those parts of the program effecting compliance with the requirements listed in Sec. 108.7(b) (1), (2), and |
(4) need only be implemented when the Director of Civil Aviation Security or a designate of the Director notifies the certificate holder in writing that a security threat exists with respect to the operation. |
(b) Each certificate holder that has obtained FAA approval for a security program for operations not listed in paragraph (a) of this section shall carry out the provisions of that program.|">
<PARAM NAME="t26" VALUE="2 |Sec. 108.7 Security program: Form, content, and availability. | ">
<PARAM NAME="d26" VALUE="Sec. 108.7 Security program: Form, content, and availability. |
(a) Each security program required by Sec. 108.5 shall-- |
(1) Provide for the safety of persons and property traveling in air transportation and intrastate air transportation against acts of criminal violence and air piracy; |
(2) Be in writing and signed by the certificate holder or any person delegated authority in this matter;
(3) Include the items listed in paragraph (b) of this section, as required by Sec. 108.5; and |
(4) Be approved by the Administrator. |
(b) Each security program required by Sec. 108.5 must include the following, as required by that section:
(1) The procedures and a description of the facilities and equipment used to perform the screening functions specified in Sec. 108.9. |
(2) The procedures and a description of the facilities and equipment used to perform the airplane and facilities control functions specified in Sec. 108.13. |
(3) The procedures used to comply with the applicable requirements of Sec. 108.15 regarding law enforcement officers.|
(4) The procedures used to comply with the requirements of Sec. 108.17 regarding the use of X-ray systems. |
(5) The procedures used to comply with the requirements of Sec. 108.19 regarding bomb and air piracy threats. |
(6) The procedures used to comply with the applicable requirements of Sec. 108.10. |
(7) The curriculum used to accomplish the training required by Sec. 108.23. |
(8) The procedures and a description of the facilities and equipment used to comply with the requirements of Sec. 108.20 regarding explosives detection systems. |
(c) Each certificate holder having an approved security program shall-- |
(1) Maintain at least one complete copy of the approved security program at its principal business office;|
(2) Maintain a complete copy or the pertinent portions of its approved security program or appropriate implementing instructions at each airport where security screening is being conducted; |
(3) Make these documents available for inspection upon request of any Civil Aviation Security Inspector; |
(4) Restrict the availability of information contained in the security program to those persons with an operational need-to-know; and |
(5) Refer requests for such information by other persons to the Director of Civil Aviation Security of the FAA. ">
<PARAM NAME="t27" VALUE="2 |Sec. 108.9 Screening of passengers and property.
| ">
<PARAM NAME="d27" VALUE="Sec. 108.9 Screening of passengers and property. |
(a) Each certificate holder required to conduct screening under a security program shall use the procedures included, and the facilities and equipment described, in its approved security program to prevent or deter the carriage aboard airplanes of any explosive, incendiary, or a deadly or dangerous weapon on or about each individual's person or accessible property, and the carriage of any explosive or incendiary in checked baggage. |
(b) Each certificate holder required to conduct screening under a security program shall refuse to transport--
(1) Any person who does not consent to a search of his or her person in accordance with the screening system prescribed in paragraph (a) of this section; and |
(2) Any property of any person who does not consent to a search or inspection of that property in accordance with the screening system prescribed by paragraph (a) of this section. |
(c) Except as provided by its approved security program, each certificate holder required to conduct screening under a security program shall use the procedures included, and the facilities and equipment described, in its approved security program for detecting explosives, incendiaries, and deadly or dangerous weapons to inspect each person entering a sterile area at each preboarding screening checkpoint in the United States for which it is responsible, and to inspect all accessible property under that person's control. |
(d) Each certificate holder shall staff its security screening checkpoints with supervisory and non-supervisory personnel in accordance with the standards specified in its security program. ">
<PARAM NAME="t28" VALUE="2 |Sec. 108.10 Prevention and management of hijackings and
sabotage attempts. |">
<PARAM NAME="d28" VALUE="Sec. 108.10 Prevention and management of hijackings and sabotage attempts.| (a) Each certificate holder shall-- |
(1) Provide and use a Security Coordinator on the ground and in flight for each international and domestic flight, as required by its approved security program; and |
(2) Designate the pilot in command as the inflight Security Coordinator for each flight, as required by its approved security program. |
(b) Ground Security Coordinator. Each ground Security Coordinator shall carry out the ground Security Coordinator duties specified in the certificate holder's approved security program. |
(c) Inflight Security Coordinator. The pilot in command of each flight shall carry out the inflight Security Coordinator duties specified in the certificate holder's approved security program.">
<PARAM NAME="t29" VALUE="2 |Sec. 108.11 Carriage of weapons.| ">
<PARAM NAME="d29" VALUE=" Sec. 108.11 Carriage of weapons. |
(a) No certificate holder required to conduct screening under a security program may permit any person to have, nor may any person have, on or about his or her person or property, a deadly or dangerous weapon, either concealed or unconcealed, accessible to him or her while aboard an airplane for which screening is required unless: |
(1) The person having the weapon is-- |
(i) An official or employee of the United States, or a State or political subdivision of a State, or of a municipality who is authorized by his or her agency to have the weapon; or |
(ii) Authorized to have the weapon by the certificate holder and the Administrator and has successfully completed a course of training in the use of firearms acceptable to the Administrator.
(2) The person having the weapon needs to have the weapon accessible in connection with the performance of his or her duty from the time he or she would otherwise check it in accordance with paragraph (d) of this section until the time it would be returned after deplaning. |
(3) The certificate holder is notified- |
- (i) Of the flight on which the armed person intends to have the weapon accessible to him or her at least 1 hour, or in an emergency as soon as practicable, before departure; and |
(ii) When the armed person is other than an employee or official of the United States, that there is a need for the weapon to be accessible to the armed person in connection with the performance of that person's duty from the time he or she would otherwise check it in accordance with paragraph (d) of this section until the time it would be returned to him or her after deplaning. |
(4) The armed person identifies himself or herself to the certificate holder by presenting credentials that include his or her clear, full-face picture, his or her signature, and the signature of the authorizing official of his or her service orthe official seal of his or her service. A badge, shield, or similar may not be used as the sole means of identification. |
(5) The certificate holder-- |
(i) Ensures that the armed person is familiar with its procedures for carrying a deadly or dangerous weapon aboard its airplane before the time the person boards the airplane; |
(ii) Ensures that the identity of the armed person is known to each law enforcement officer and each employee of the certificate holder responsible for security during the boarding of the airplane; and
(iii) Notifies the pilot in command, other appropriate crew members, and any other person authorized to have a weapon accessible to him or her aboard the airplane of the location of each authorized armed person aboard the airplane. |
(b) No person may, while on board an airplane operated by a certificate holder for which screening is not conducted, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. This paragraph does not apply to-- |
(1) Officials or employees of a municipality or a State, or of the United States, who are authorized to carry arms; or |
(2) Crew members and other persons authorized by the certificate holder to carry arms. |
(c) No certificate holder may knowingly permit any person to transport, nor may any person transport or tender for transport, any explosive, incendiary or a loaded firearm in checked baggage aboard an airplane. For the purpose of this section, a loaded firearm means a firearm which has a live round of ammunition, cartridge, detonator, or powder in the chamber or in a clip, magazine, or cylinder inserted in it. |
(d) No certificate holder may knowingly permit any person to transport, nor may any person transport or tender for transport, any unloaded firearm in checked baggage aboard an airplane unless-- |
(1) The passenger declares to the certificate holder, either orally or in writing before checking the baggage, that any firearm carried in the baggage is unloaded; |
(2) The firearm is carried in a container the certificate holder considers appropriate for air transportation; |
(3) When the firearm is other than a shotgun, rifle, or other firearm normally fired from the shoulder position, the baggage in which it is carried is locked, and only the passenger checking the baggage retains the key or combination; and |
(4) The baggage containing the firearm is carried in an area, other than the flight crew compartment, that is inaccessible to passengers. |
(e) No certificate holder may serve any alcoholic beverage to a person having a deadly or dangerous weapon accessible to him or her nor may such person drink any alcoholic beverage while aboard an airplane operated by the certificate holder. |
(f) Paragraphs (a), (b), and (d) of this section do not apply to the carriage of firearms aboard air carrier flights conducted for the military forces of the Government of the United States when the total cabin load of the airplane is under exclusive use by those military forces if the following conditions are met: |
(1) No firearm is loaded and all bolts to such firearms are locked in the open position; and |
(2) The certificate holder is notified by the unit commander or officer in charge of the flight before boarding that weapons will be carried aboard the aircraft. ">
<PARAM NAME="t30" VALUE="2 |Sec. 108.13 Security of airplanes and facilities.| ">
<PARAM NAME="d30" VALUE="Sec. 108.13 Security of airplanes and facilities. |
Each certificate holder required to conduct screening under a security program shall use the procedures included, and the facilities and equipment described, in its approved security program to perform the following control functions with respect to each airplane operation for which screening is required: |
(a) Prohibit unauthorized access to the airplane. |
(b) Ensure that baggage carried in the airplane is checked in by a responsible agent and that identification is obtained from persons, other than known shippers, shipping goods or cargo aboard the airplane. |
(c) Ensure that cargo and checked baggage carried aboard the airplane is handled in a manner that prohibits unauthorized access. |
(d) Conduct a security inspection of the airplane before placing it in service and after it has been left unattended. |">
<PARAM NAME="t31" VALUE="2|Sec. 108.14 Transportation of Federal Air Marshals.| ">
<PARAM NAME="d31" VALUE="Sec. 108.14 Transportation of Federal Air Marshals. |
(a) Each certificate holder shall carry Federal Air Marshals, in the number and manner specified by the Administrator, on each scheduled and public charter passenger operation designated by the Administrator.|
(b) Each Federal Air Marshal shall be carried on a first priority basis and without charge while on official duty, including repositioning flights. |
(c) Each certificate holder shall assign the specific seat requested by a Federal Air Marshal who is on official duty. | ">
<PARAM NAME="t32" VALUE="2 |Sec. 108.15 Law enforcement officers. | ">
<PARAM NAME="d32" VALUE="Sec. 108.15 Law enforcement officers. |
(a) At airports within the United States not governed by Part 107 of this chapter, each certificate holder engaging in scheduled passenger or public charter passenger operations shall--|
(1) If security screening is required for a public charter operation by Sec. 108.5(a), or for a scheduled passenger operation by Sec. 108.5(b) provide for law enforcement officers meeting the qualifications and standards, and in the number and manner specified, in Part 107; and |
(2) When using airplanes with a passenger seating configuration of 31 through 60 seats in a public charter operation for which screening is not required, arrange for law enforcement officers meeting the qualifications and standards specified in Part 107 to be available to respond to an incident, and provide to its employees, including crew members, as appropriate, current information with respect to procedures for obtaining law enforcement assistance at that airport. |
(b) At airports governed by Part 107 of this chapter, each certificate holder engaging in scheduled or public charter passenger operations, when using airplanes with a passenger seating configuration of 31 through 60 seats for which screening is not required, shall arrange for law enforcement officers meeting the qualifications and standards specified in Part 107 to be available to respond to an incident and provide its employees, including crew members, as appropriate, current information with respect to procedures for obtaining this law enforcement assistance at that airport. |">
<PARAM NAME="t33" VALUE="2 |Sec. 108.17 Use of X-ray systems. | ">
<PARAM NAME="d33" VALUE=" Sec. 108.17 Use of X-ray systems. |
(a) No certificate holder may use an X-ray system within the United States to inspect carry-on or checked articles unless specifically authorized under a security program required by Sec. 108.5 of this part or use such a system contrary to its approved security program. The Administrator authorizes certificate holders to use X-ray systems for inspecting carry-on or checked articles under an approved security program if the certificate holder shows that-- |
(1) For a system manufactured before April 25, 1974, it meets either the guidelines issued by the Food and Drug Administration (FDA), Department of Health, Education, and Welfare (HEW) and published in the Federal Register (38 FR 21442, August 8, 1973); or the performance standards for cabinet X-ray systems designed primarily for the inspection of carry-on baggage issued by the FDA and published in 21 CFR 1020.40 (39 FR 12985, April 10, 1974); |
(2) For a system manufactured after April 24, 1974, it meets the standards for cabinet X-ray systems designed primarily for the inspection of carry-on baggage issued by the FDA and published in 21 CFR 1020.40 (39 FR 12985, April 10, 1974); |
(3) A program for initial and recurrent training of operators of the system is established, which includes training in radiation safety, the efficient use of X-ray systems, and the identification of weapons and other dangerous articles; |
(4) Procedures are established to ensure that each operator of the system is provided with an individual personnel dosimeter (such as a film badge or thermoluminescent dosimeter). Each dosimeter used shall be evaluated at the end of each calendar month, and records of operator duty time and the results of dosimeter evaluations shall be maintained by the certificate holder; and |
(5) The system meets the imaging requirements set forth in an approved Air Carrier Security Program using the step wedge specified in American Society for Testing and Materials Standard F792-82. |
(b) No certificate holder may use an X-ray system within the United States unless within the preceding 12 calendar months a radiation survey has been conducted which shows that the system meets the applicable performance standards in 21 CFR 1020.40 or guidelines published by the FDA in the Federal Register of August 8, 1973 (38 FR 21442). |
(c) No certificate holder may use an X-ray system after the system is initially installed or after it has been moved from one location to another, unless a radiation survey is conducted which shows that the system meets the applicable performance standards in 21 CFR 1020.40 or guidelines published by the FDA in the Federal Register of August 8, 1973 (38 FR 21442) except that a radiation survey is not required for an X-ray system that is moved to another location if the certificate holder shows that the system is so designed that it can be moved without altering its performance. |
(d) No certificate holder may use an X-ray system that is not in full compliance with any defect notice or modification order issued for that system by the FDA, unless that Administration has advised the FAA that the defect or failure to comply does not create a significant risk or injury, including genetic injury, to any person. |
(e) No certificate holder may use an X-ray system to inspect carry-on or checked articles unless a sign is posted in a conspicuous place at the screening station and on the X-ray system which notifies passengers that such items are being inspected by an X-ray and advises them to remove all X-ray, scientific, and high-speed film from carry-on and checked articles before inspection. This sign shall also advise passengers that they may request that an inspection be made of their photographic equipment and film packages without exposure to an X-ray system. If the X-ray system exposes any carry-on or checked articles to more than 1 milliroentgen during the inspection, the certificate holder shall post a sign which advises passengers to remove film of all kinds from their articles before inspection. If requested by passengers, their photographic equipment and film packages shall be inspected without exposure to an X-ray system. |
(f) Each certificate holder shall maintain at least one copy of the results of the most recent radiation survey conducted under paragraph (b) or (c) of this section and shall make it available for inspection upon request by the Administrator at each of the following locations: |
(1) The certificate holder's principal business office; and |
(2) The place where the X-ray system is in operation. |
(g) The American Society for Testing and Materials Standard F792-82, 'Design and Use of Ionizing Radiation Equipment for the Detection of Items Prohibited in Controlled Access Areas,' described in this section is incorporated by reference herein and made a part hereof pursuant to 5 U.S.C. 552(a)(1). All persons affected by these amendments may obtain copies of the standard from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. In addition, a copy of the standard may be examined at the FAARules Docket, Docket No. 24115, 800 Independence Avenue, SW. Washington, DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m. |
(h) Each certificate holder shall comply with X-ray operator duty time limitations specified in its security program. ">
<PARAM NAME="t34" VALUE="2 |Sec. 108.18 Security Directives and Information Circulars. | ">
<PARAM NAME="d34" VALUE=" Sec. 108.18 Security Directives and Information Circulars. |
(a) Each certificate holder required to have an approved security program for passenger operations shall comply with each Security Directive issued to the certificate holder by the Director of Civil Aviation Security, or by any person to whom the Director has delegated the authority to issue Security Directives, within the time prescribed in the Security Directive for compliance. |
(b) Each certificate holder who receives a Security Directive shall-- |
(1) Not later than 24 hours after delivery by the FAA or within the time prescribed in the Security Directive, acknowledge receipt of the Security Directive; |
(2) Not later than 72 hours after delivery by the FAA or within the time prescribed in the Security Directive, specify the method by which the certificate holder has implemented the measures in the Security Directive; and |
(3) Ensure that information regarding the Security Directive and measures implemented in response to the Security Directive are distributed to specified personnel as prescribed in the Security Directive and to other personnel with an operational need to know. |
(c) In the event that the certificate holder is unable to implement the measures contained in the Security Directive, the certificate holder shall submit proposed alternative measures, and the basis for submitting the alternative measures, to the Director of Civil Aviation Security for approval. The certificate holder shall submit proposed alternative measures within the time prescribed in the Security Directive. The certificate holder shall implement any alternative measures approved by the Director of Civil Aviation Security. |
(d) Each certificate holder who receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular shall-- |
(1) Restrict the availability of the Security Directive or Information Circular and information contained in the Security Directive or the Information Circular to those persons with an operational need to know; and |
(2) Refuse to release the Security Directive or Information Circular and information regarding the Security Directive or Information Circular to persons other than those with an operational need to know without the prior written consent of the Director of Civil Aviation Security. ">
<PARAM NAME="t35" VALUE="2 |Sec. 108.19 Security Threats and Procedures. | ">
<PARAM NAME="d35" VALUE=" Sec. 108.19 Security Threats and Procedures. |
(a) Upon receipt of a specific and credible threat to the security of a flight, the certificate holder shall-- |
(1) Immediately notify the ground and in-flight security coordinators of the threat, any evaluation thereof, and any countermeasures to be applied; and |
(2) Ensure that the in-flight security coordinator notifies the flight and cabin crew members of the threat, any evaluation thereof, and any countermeasures to be applied. |
(b) Upon receipt of a bomb threat against a specific airplane, each certificate holder shall attempt to determine whether or not any explosive or incendiary is aboard the airplane involved by doing the following:
(1) Conducting a security inspection on the ground before the next flight or, if the airplane is in flight, immediately after its next landing. |
(2) If the airplane is being operated on the ground, advising the pilot in command to immediately submit the airplane for a security inspection. |
(3) If the airplane is in flight, immediately advising the pilot in command of all pertinent information available so that necessary emergency action can be taken. |
(c) Immediately upon receiving information that an act or suspected act of air piracy has been committed, the certificate holder shall notify the Administrator. If the airplane is in airspace under other than United States jurisdiction, the certificate holder shall also notify the appropriate authorities of the State in whose territory the airplane is located and, if the airplane is in flight, the appropriate authorities of the State in whose territory the airplane is to land. Notification of the appropriate air traffic controlling authority is sufficient action to meet this requirement. ">
<PARAM NAME="t36" VALUE="2 |Sec. 108.20 Use of Explosives Detection Systems.| ">
<PARAM NAME="d36" VALUE="Sec. 108.20 Use of Explosives Detection Systems. |
When the Administrator shall require by amendment under Sec. 108.25, each certificate holder required to conduct screening under a security program shall use an explosive detection system that has been approved by the Administrator to screen checked baggage on international flights in accordance with the certificate holder's security program. ">
<PARAM NAME="t37" VALUE="2 |Sec. 108.21 Carriage of passengers under the control of armed | ">
<PARAM NAME="d37" VALUE=" Sec. 108.21 Carriage of passengers under the control of armed law enforcement escorts. |
(a) Except as provided in paragraph (e) of this section, no certificate holder required to conduct screening under a security program may carry a passenger in the custody of an armed law enforcement escort aboard an airplane for which screening is required unless-- |
(1) The armed law enforcement escort is an official or employee of the United States, of a State or political subdivision of a State, or a municipality who is required by appropriate authority to maintain custody and control over an individual aboard an airplane; |
(2) The certificate holder is notified by the responsible government entity atleast 1 hour, or in case of emergency as soon as possible, before departure-- |
(i) Of the identity of the passenger to be carried and the flight on which it is proposed to carry the passenger; and |
(ii) Whether or not the passenger is considered to be in a maximum risk category; |
(3) If the passenger is considered to be in a maximum risk category, that the passenger is under the control of at least two armed law enforcement escorts and no other passengers are under the control of those two law enforcement escorts; |
(4) No more than one passenger who the certificate holder has been notified is in a maximum risk category is carried on the airplane; |
(5) If the passenger is not considered to be in a maximum risk category, the passenger is under the control of at least one armed law enforcement escort, and no more than two of these persons are carried under the control of any one law enforcement escort; |
(6) The certificate holder is assured, prior to departure, by each law enforcement escort that-- |
(i) The officer is equipped with adequate restraining devices to be used in the event restraint of any passenger under the control of the escort becomes necessary; and |
(ii) Each passenger under the control of the escort has been searched and does not have on or about his or her person or property anything that can be used as a deadly or dangerous weapon; |
(7) Each passenger under the control of a law enforcement escort is-- |
(i) Boarded before any other passengers when boarding at the airport where the flight originates and deplaned at the destination after all other deplaning passengers have deplaned; |
(ii) Seated in the rear-most passenger seat when boarding at the airport where the flight originates; and |
(iii) Seated in a seat that is neither located in any lounge area nor located next to or directly across from any exit; and |
(8) A law enforcement escort having control of a passenger is seated between the passenger and any aisle.
(b) No certificate holder operating an airplane under paragraph (a) of this section may--
(1) Serve food beverage or provide metal eating utensils to a passenger under the control of a law enforcement escort while aboard the airplane unless authorized to do so by the law enforcement escort.
(2) Serve a law enforcement escort or the passenger under the control of the escort any alcoholic beverages while aboard the airplane. |
(c) Each law enforcement escort carried under the provisions of paragraph (a) of this section shall, at all times, accompany the passenger under the control of the escort and keep the passenger under surveillance while aboard the airplane. |
(d) No law enforcement escort carried under paragraph (b) of this section orany passenger under the control of the escort may drink alcoholic beverages while aboard the airplane. |
(e) This section does not apply to the carriage of passengers under voluntary protective escort. ">
<PARAM NAME="t38" VALUE="2 |Sec. 108.23 Training. | ">
<PARAM NAME="d38" VALUE=" Sec. 108.23 Training. |
(a) No certificate holder may use any person as a Security Coordinator unless, within the preceding 12 calendar months, that person has satisfactorily completed the security training as specified in the certificate holder's approved security program. |
(b) No certificate holder may use any person as a crew member on any domestic or international flight unless within the preceding 12 calendar months or within the time period specified in an Advanced Qualification Program approved under SFAR 58 that person has satisfactorily completed the security training required by Sec. 121.417(b)(3)(v) or Sec. 135.331(b)(3)(v) of this chapter and as specified in the certificate holder's approved security program. With respect to training conducted under Sec. 121.417 or Sec. 135.331, Whenever a crew member who is required to take recurrent training completes the training in the calendar month before or the calendar month after the calendar month in which that training is required, he is considered to have completed the training in the calendar month in which it was required. ">
<PARAM NAME="t39" VALUE="2 |Sec. 108.25 Approval of security programs and amendments. | ">
<PARAM NAME="d39" VALUE=" Sec. 108.25 Approval of security programs and amendments. |
(a) Unless otherwise authorized by the Administrator, each certificate holder required to have a security program for a passenger operation shall submit its proposed security program to the Administrator for approval at least 90 days before the date of the intended passenger operations. Within 3 days after receiving the program, the Administrator either approves the program or notifies the certificate holder to modify the program to comply with the applicable requirements of this part. The certificate holder may petition the Administrator to reconsider the notice to modify within 30 days after receiving the notice, and, except in the case of an emergency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a decision by the Administrator. |
(b) The Administrator may amend an approved security program if it is determined that safety and the public interest require the amendment, as follows: |
(1) The Administrator notifies the certificate holder, in writing, of the proposed amendment, fixing a period of not less than 30 days within which it may submit written information, views, and arguments on the amendment. |
(2) After considering all relevant material, the Administrator notifies the certificate holder of any amendment adopted or rescinds the notice. The amendment becomes effective not less than 30 days after the certificate holder receives the notice, unless the certificate holder petitions the Administrator to reconsider the amendment, in which case the effective date is stayed by the Administrator. |
(3) If the Administrator finds that there is an emergency requiring immediate action with respect to safety in air transportation or in air commerce that makes the procedure in this paragraph impracticable or contrary to the public interest, the Administrator may issue an amendment, effective without stay, on the date the certificate holder receives notice of it. In such a case, the Administrator incorporates the findings, and a brief statement of the reasons for it, in the notice of the amendment to be adopted. |
(c) A certificate holder may submit a request to the Administrator to amend its program. The application must be filed with the Administrator at least 30 days before the date it proposes for the amendment to become effective, unless a shorter period is allowed by the Administrator. Within 15 days after receiving a proposed amendment, the Administrator either approves or denies the request. Within 30 days after receiving from the Administrator a notice of refusal to approve the application for amendment, the applicant may petition the Administrator to reconsider the refusal to amend. ">
<PARAM NAME="t40" VALUE="2 |Sec. 108.27 Evidence of compliance. | ">
<PARAM NAME="d40" VALUE=" Sec. 108.27 Evidence of compliance. |
On request of the Administrator, each certificate holder shall provide evidence of compliance with this part and its approved security program. |
Sec. 108.29 Standards for security oversight. |
(a) Each certificate holder shall ensure that: |
(1) Each person performing a security-related function for the certificate holder has knowledge of the provisions of this part 108, applicable Security Directives and Information Circulars promulgated pursuant to Sec. 108.18, and the certificate holder's security program to the extent that the performance of the function imposes a need to know. |
(2) Daily, a Ground Security Coordinator at each airport: |
(i) Reviews all security-related functions for effectiveness and compliance with this part, the certificate holder's security program, and applicable Security Directives; and |
(ii) Immediately initiates corrective action for each instance of noncompliance with this part, the certificate holder's security program, and applicable Security Directives. |
(b) The requirements prescribed in paragraph (a) of this section apply to all security-related functions performed for the certificate holder whether by a direct employee or a contractor employee. ">
<PARAM NAME="t41" VALUE="2 |Sec. 108.31 Employment standards for screening personnel. | ">
<PARAM NAME="d41" VALUE=" Sec. 108.31 Employment standards for screening personnel. |
(a) No certificate holder shall use any person to perform any screening function, unless that person has: |
(1) A high school diploma, a General Equivalency Diploma, or a combination of education and experience which the certificate holder has determined to have equipped the person to perform the duties of the position; |
(2) Basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards: |
(i) Screeners operating X-ray equipment must be able to distinguish on the X-ray monitor the appropriate imaging standard specified in the certificate holder's security program. Wherever the X-ray system displays colors, the operator must be able to perceive each color; |
(ii) Screeners operating any screening equipment must be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies; |
(iii) Screeners must be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment; |
(iv) Screeners performing physical searches or other related operations must be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subjects to security processing; and |
(v) Screeners who perform pat-downs or hand-held metal detector searches of persons must have sufficient dexterity and capability to conduct those procedures on all parts of the persons' bodies. |
(3) The ability to read, speak, and write English well enough to: |
(i) Carry out written and oral instructions regarding the proper performance of screening duties; |
(ii) Read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process; |
(iii) Provide direction to and understand and answer questions from English-speaking persons undergoing screening; and |
(iv) Write incident reports and statements and log entries into security records in the English language. |
(4) Satisfactorily completed all initial, recurrent, and appropriate specialized training required by the certificate holder's security program. |
(b) Notwithstanding the provisions of paragraph (a)(4) of this section, the certificate holder may use a person during the on-the-job portion of training to perform security functions provided that the person is closely supervised and does not make independent judgments as to whether persons or property may enter a sterile area or aircraft without further inspection. |
(c) No certificate holder shall use a person to perform a screening function after that person has failed an operational test related to that function until that person has successfully completed the remedial training specified in thecertificate holder's security program. |
(d) Each certificate holder shall ensure that a Ground Security Coordinator conducts and documents an annual evaluation of each person assigned screening duties and may continue that person's employment in a screening capacity only upon the determination by that Ground Security Coordinator that the person: |
(1) Has not suffered a significant diminution of any physical ability required to perform a screening function since the last evaluation of those abilities; |
(2) Has a satisfactory record of performance and attention to duty; and |
(3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening 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 holder does not have operational control. |
(f) At locations outside the United States where the certificate holder has operational control over a screening function, the certificate holder may use screeners who do not meet the requirements of paragraph (a)(3) of this section, provided that at least one representative of the certificate holder who has the ability to functionally read and speak English is present while the certificate holder's passengers are undergoing security processing. | ">
<PARAM NAME="t42" VALUE="2 |Sec. 108.33 Employment history, verification and criminal history
| ">
<PARAM NAME="d42" VALUE=" Sec. 108.33 Employment history, verification and criminal history
records checks. |
(a) Scope. The following persons are within the scope of this
section: |
(1) Each employee or contractor employee covered under a
certification made to an airport operator, pursuant to Sec. 107.31(n)
of this chapter, made on or after November 23, 1998. |
(2) Each individual issued air carrier identification media that
one or more airports accepts as airport approved media for unescorted
access within a security identification display area (SIDA) as
described in Sec. 107.25 of this chapter. |
(3) Each individual assigned, after November 23, 1998, to perform
the following functions: |
(i) Screen passengers or property that will be carried in a cabin
of an aircraft of an air carrier required to screen passengers under
this part. |
(ii) Serve as an immediate supervisor (checkpoint security
supervisor (CSS)), or the next supervisory level (shift or site
supervisor), to those individuals described in paragraph (a)(3)(i) of
this section. |
(b) Employment history investigations required. Each air carrier
must ensure that, for each individual described in paragraph (a) of
this section, the following requirements are met: |
(1) The individual has satisfactorily undergone Part 1 of an
employment history investigation. Part 1 consists of a review of the
previous 10 years of employment history and verifications of the 5
employment years preceding the date the employment history
investigation is initiated as provided in paragraph (c) of this
section; and |
(2) If required by paragraph (c)(5) of this section, the individual
has satisfied Part 2 of the employment history investigation. Part 2 is
the process to determine if the individual has a criminal record. To
satisfy Part 2 of the investigation the criminal records check must not
disclose that the individual has been convicted or found not guilty by
reason of insanity, in any jurisdiction, during the 10 years ending on
the date of such investigation, of any of the crimes listed below: |
(i) Forgery of certificates, false marking of aircraft, and other
aircraft registration violation, 49 U.S.C. 46306; |
(ii) Interference with air navigation, 49 U.S.C. 46308; |
(iii) Improper transportation of a hazardous material, 49 U.S.C.
46312; |
(iv) Aircraft piracy, 49 U.S.C. 46502; |
(v) Interference with flightcrew members or flight attendants, 49
U.S.C. 46504; |
(vi) Commission of certain crimes aboard aircraft in flight, 49
U.S.C. 46506; |
(vii) Carrying a weapon or explosive aboard aircraft, 49 U.S.C.
46505; |
(viii) Conveying false information and threats, 49 U.S.C. 46507; |
(ix) Aircraft piracy outside the special aircraft jurisdiction of
the United States, 49 U.S.C. 46502(b); |
(x) Lighting violations involving transporting controlled
substances, 49 U.S.C. 46315; |
(xi) Unlawful entry into an aircraft or airport area that serves
air carriers or foreign air carriers contrary to established security
requirements, 49 U.S.C. 46314; |
(xii) Destruction of an aircraft or aircraft facility, 18 U.S.C.
32; |
(xiii) Murder; |
(xiv) Assault with intent to murder; |
(xv) Espionage; |
(xvi) Sedition; |
(xvii) Kidnapping or hostage taking; |
(xviii) Treason; |
(xix) Rape or aggravated sexual abuse; |
(xx) Unlawful possession, use, sale, distribution, or manufacture
of an explosive or weapon; |
(xxi) Extortion; |
(xxii) Armed robbery; |
(xxiii) Distribution of, or intent to distribute, a controlled
substance; |
(xxiv) Felony arson; or |
(xxv) Conspiracy or attempt to commit any of the aforementioned
criminal acts. |
(c) Investigative steps. Part 1 of the employment history |
investigations must be completed on all persons described in paragraph
(a) of this section. If required by paragraph (c)(5) of this section,
Part 2 of the employment history investigation must also be completed
on all persons listed in paragraph (a) of this section. |
(1) The individual must provide the following information on an
application: |
(i) The individual's full name, including any aliases or nicknames; |
(ii) The dates, names, phone numbers, and addresses of previous
employers, with explanations for any gaps in employment of more than 12
consecutive months, during the previous 10-year period; |
(iii) Any convictions during the previous 10-year period of the
crimes listed in paragraph (b)(2) of this section. |
(2) The air carrier must include on the application form a
notification that the individual will be subject to an employment
history verification and possibly a criminal records check. |
(3) The air carrier must verify the identity of the individual
through the presentation of two forms of identification, one of which
must bear the individual's photograph. |
(4) The air carrier must verify the information on the most recent
5 years of employment history required under paragraph (c)(1)(ii) of
this section. Information must be verified in writing, by
documentation, by telephone, or in person. |
(5) If one or more of the conditions (triggers) listed in
Sec. 108.33(c)(5) (i) through (iv) exist, the employment history
investigation must not be considered complete unless Part 2 is
accomplished. Only the air carrier may initiate Part 2. Part 2 consists
of a comparison of the individual's fingerprints against the
fingerprint files of known criminals maintained by the Federal Bureau
of Investigation (FBI). The comparison of the individual's fingerprints
must be processed through the FAA. The air carrier may request a check
of the individual's fingerprint-based criminal record only if one or
more of the following conditions exist: |
(i) The individual does not satisfactorily account for a period of
unemployment of 12 consecutive months or more during the previous 10-
year period. |
(ii) The individual is unable to support statements made on the
application form. |
(iii) There are significant inconsistencies in the information
provided on the application. |
(iv) Information becomes available to the air carrier during the
investigation indicating a possible conviction for one of the crimes
listed in paragraph (b)(2) of this section. |
(d) Individual notification. Prior to commencing the criminal
records check, the air carrier must notify the affected individuals and
identify a point of contact for follow-up. An individual who chooses
not to submit fingerprints may not be granted unescorted access
privilege and may not be allowed to hold screener or screener
supervisory positions. |
(e) Fingerprint processing. If a fingerprint comparison is
necessary under paragraph (c)(5) of this section to complete the
employment history investigation the air carrier must collect and
process fingerprints in the following manner: |
(1) One set of legible and classifiable fingerprints must be
recorded on fingerprint cards approved by the FBI and distributed by
the FAA for this purpose. |
(2) The fingerprints must be obtained from the individual under
direct observation by the air carrier or a law enforcement officer.
Individuals submitting their fingerprints must not take possession of
their fingerprint card after they have been fingerprinted. |
(3) The identify of the individual must be verified at the time |
fingerprints are obtained. The individual must present two forms of
identification, one of which must bear the individual's photograph.
(4) The fingerprint card must be forwarded to FAA at the location
specified by the Administrator. |
(5) 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 to 'U.S. FAA,' at
the designated rate for each fingerprint card. Combined payment for
multiple applications is acceptable. The designated rate for processing
the fingerprint cards is available from the local FAA security office. |
(f) Determination of arrest status. In conducting the criminal
record checks required by this section, the air carrier must not
consider the employment history investigation complete unless it
investigates arrest information for the crimes listed in paragraph
(b)(2) of this section for which no disposition has been recorded and
makes a determination that the arrest did not result in a disqualifying
conviction. |
(g) Availability and correction of FBI records and notification of
disqualification.|
(1) At the time Part 2 is initiated and the
fingerprints are collected, the air carrier must notify the individual
that a copy of the criminal record received from the FBI will be made
available 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 the FBI. |
(2) Prior to making a final decision to deny authorization to an
individual described in paragraph (a) of this section, the air carrier
must advise the individual that the FBI criminal record discloses
information that would disqualify him/her from positions covered under
this rule and provide him/her with a copy of their FBI record if
requested. |
(3) The air carrier must notify an individual that a final decision
has been made to forward or not forward a letter of certification for
unescorted access to the airport operator, or to grant or deny the
individual authority to perform screening functions listed under
paragraph (a)(3) of this section. |
(h) Corrective action by the individual. The individual may
contact the local jurisdiction responsible for the information and the
FBI to complete or correct 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 authorization to perform screening
functions subject to the following conditions: |
(1) Within 30 days after being advised that the criminal record
received from the FBI discloses disqualifying information, the
individual must notify the air carrier, in writing, of his/her intent
to correct any information believed to be inaccurate. |
(2) Upon notification by an individual that the record has been
corrected, the air carrier must obtain a copy of the revised FBI record
prior to making a final determination. |
(3) If no notification is received within 30 days, the air carrier
may make a final determination. |
(i) Limits on dissemination of results. Criminal record information
provided by the FBI must be used solely for the purposes of this
section, and no person may disseminate the results of a criminal record
check to anyone other than: |
(1) The individual to whom the record pertains or that individual's
authorized representative; |
(2) Air carrier officials with a need to know; and |
(3) Others designated by the Administrator. |
(j) Employment status while awaiting criminal record checks.
Individuals who have submitted their fingerprints and are awaiting FBI
results may perform work details under the following conditions: |
(1) Those seeking unescorted access to the SIDA must be escorted by
someone who has unescorted SIDA access privileges; |
(2) Those applicants seeking positions covered under paragraphs
(a)(3) and (d)(4) of this section, may not exercise any independent
judgments regarding those functions. |
(k) Record keeping. (1) The air carrier must physically maintain and
control Part 1 employment history investigation file until 180 days
after the termination of the individual's authority for unescorted
access or termination from positions covered under paragraph (a)(3) of
this section. Part 1 of the employment history investigation, completed
on screening personnel must be maintained at the airport where they
perform screening functions. Part 1 of the employment history
investigation file must consist of the following:
(i) The application; |
(ii) The employment verification information obtained by the
employer; |
(iii) the names of those from whom the employment verification
information 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 air carrier must physically maintain, control and when
appropriate destroy Part 2, the criminal record file, for each
individual for whom a fingerprint comparison has been made. Part 2 must
be maintained for 180 days after the termination of the individual's
authority for unescorted access or after the individual ceases to
perform screening functions. Only direct air carrier employees may
carry out Part 2 responsibilities. Part 2 must consist of the
following: |
(i) The results of the record check; or |
(ii) Certification from the air carrier that the check was
completed and did not uncover a disqualifying conviction. |
(3) The files required by this paragraph must be maintained in a
manner that is acceptable to the Administrator and in a manner that
protects the confidentiality of the individual. |
(l) Continuing responsibilities. (1) Any individual authorized to
have unescorted access privilege to the SIDA or who performs functions
covered under paragraph (a)(3) of this section, who is subsequently
convicted of any of the crimes listed in paragraph (b)(2) of this
section must, within 24 hours, report the conviction to the air carrier
and surrender the SIDA access medium or any employment related
identification medium to the issuer. |
(2) If information becomes available to the air carrier indicating
that an individual has a possible conviction for one of the
disqualifying crimes in paragraph (b)(2) of this section, the air
carrier must determine the status of the conviction and, if the
conviction is confirmed: |
(i) Immediately revoke access authorization for unescorted access
to the SIDA; or |
(ii) Immediately remove the individual from screening functions
covered under paragraph (a)(3) of this section. |
(m) Air carrier responsibility. The air carrier must: |
(1) Designate an individual(s), in the security program, to be
responsible for maintaining and controlling the employment history
investigation for those whom the air carrier has made a certification
to an airport operator under Sec. 107.31(n)(1) of this chapter and for
destroying the criminal record files when their maintenance is no
longer required by paragraph (k)(2) of this section. |
(2) Designate individual(s), in the security program, to maintain
and control Part 1 of the employment history investigations of
screeners whose files must be maintained at the location or station
where the screener is performing his or her duties. |
(3) Designate individual(s), in the security program, to serve as
the contact to receive notification from an individual applying for
either unescorted access or those seeking to perform screening
functions of his or her intent to seek correction of his or her
criminal record with the FBI. |
(4) Designate an individual(s), in the security program, to
maintain and control Part 2 of the employment history investigation
file for all employees, contractors, or others who undergo a
fingerprint comparison at the request of the air carrier. |
(5) Audit the employment history investigations performed in
accordance with this section. The audit process must be set forth in
the air carrier approved security program.
| ">
<PARAM NAME="t43" VALUE="3 |Sec. 109.1 Applicability.
| ">
<PARAM NAME="d43" VALUE=" Sec. 109.1 Applicability.|
a) This part prescribes aviation security rules governing each air carrier, including each air freight forwarder and each cooperative shippers' association, engaged indirectly in air transportation of property; |
(b) For the purposes of this part, 'property' means any package cargo.
">
<PARAM NAME="t44" VALUE="3 |Sec. 109.3 Security program.
| ">
<PARAM NAME="d44" VALUE=" Sec. 109.3 Security program. |
(a) Each indirect air carrier shall adopt and carry out a
security program that-- |
(1) Is designed to prevent or deter the unauthorized
introduction of any explosive or incendiary
device into any package cargo intended for
carriage by air; |
(2) Is in writing and signed by the carrier or any
person delegated authority in this matter;|
(3) Includes a system of security safeguards
acceptable to the Administrator; and|
(4) Has been approved by the Administrator. |
(b) Each indirect air carrier shall maintain at least one
complete copy of its security program at its principal
business office, and a complete copy or the pertinent
portions of its security program or appropriate
implementing instructions at each office where
package cargo is accepted, and shall make those
documents available for inspection upon request of
any Civil Aviation Security Special Agent.|
(c) Each indirect air carrier shall-- |
(1) Restrict the distribution, disclosure, and
availability of information contained in the
security program to persons with an operational
need-to-know;|
(2) Require those persons to keep that information
confidential; and|
(3) Refer requests for such information to the
Director of Civil Aviation Security of the
FAA. | ">
<PARAM NAME="t45" VALUE="3 |Sec. 109.5 Approval of security programs and amendments. | ">
<PARAM NAME="d45" VALUE=" Sec. 109.5 Approval of security programs and amendments. |
(a) Each indirect air carrier shall submit its security
program to the Administrator for approval. Each
carrier engaged in the air transportation of property
before December 13, 1979, shall submit its program
no later than January 14, 1980. Each carrier not
engaged in air transportation or intrastate
air transportation of property before December 13,
1979, shall submit its program at least 30 days
before the date it intends to engage in that
transportation. |
(b) Within 30 days after receipt of the program, the
Administrator either approves the program or
notifies the carrier as to modifications necessary for
the program to comply with this part.|
(c) Any person notified pursuant to paragraph (b) of
this section may petition the Administrator to
reconsider the notice to modify within 30 days
after receipt of the notice and, except in the case
of any emergency requiring immediate action in
the interest of safety, the filing of the petition
stays the notice pending a decision by the
Administrator. |
(d) The Administrator may order amendment of an
approved security program, if it is determined
that safety and the public interest require the
amendment, as follows:|
(1) The Administrator notifies the carrier, in
writing, of the proposed amendment, fixing
a period of not less than 30 days within
which it may submit written information,
views, and arguments on the amendment.|
(2) After considering all relevant material, the
Administrator notifies the carrier of any
amendment adopted, or rescinds the notice
of the proposed amendment. The
amendment becomes effective not less than
30 days after such person receives the
notice, unless it petitions the Administrator
to reconsider the amendment, in which case
the effective date is stayed by the
Administrator.|
(3) If the Adminstrator finds that there is an
emergency requiring immediate action with
respect to safety in air transportation or in
air commerce that makes the procedure in
this paragraph impracticable or contrary to
the public interest he may issue an
amendment, effective on the date the carrier
receives notice of it, and not subject to stay.
In such a case, the Administrator
incorporates the findings and a brief
statement of the reasons for it, in the notice
of the amendment to be adopted. |
(e) A carrier may submit a request to the
Administrator to amend its program. The
application must be filed with the Administrator
at least 30 days before the date it proposes for
the amendment to become effective, unless a
shorter period is allowed by the Administrator.
Within 15 days after receipt of a proposed
amend-ment, the Administrator either approves
or denies the request. Within 30 days after
receiving from the Administrator a notice of
refusal to approve the application for
amendment, the applicant may petition the
Administrator to reconsider the refusal to
amend.
">
<PARAM NAME="t46" VALUE="4 |Subpart A--General
Sec. 139.1 Applicability. | ">
<PARAM NAME="d46" VALUE=" Subpart A-- General |
Sec. 139.1 Applicability.|
This part prescribes rules governing the certification and operation of land airports which serve any scheduled or unscheduled passenger operation of an air carrier that is conducted with an aircraft having a seating capacity of more than 30 passengers. This part does not apply to airports at which air carrier passenger operations are conducted only by reason of the airport being designated as an alternate airport.">
<PARAM NAME="t47" VALUE="4 |Sec. 139.3 Definitions | ">
<PARAM NAME="d47" VALUE=" Sec. 139.3 Definitions. |
The following are definitions of terms as used in this part: |
'AFFF' means aqueous film forming foam agent.|
'Air carrier' means a person who holds or who is required to hold an air carrier operating certificate issued under this chapter while operating aircraft having a seating capacity of more than 30 passengers. |
'Air carrier aircraft' means an aircraft with a seating capacity of more than 30 passengers which is being operated by an air carrier. |
'Air carrier operation' means the takeoff or landing of an air carrier aircraft and includes the period of time from 15 minutes before and until 15 minutes after the takeoff or landing. |
'Airport' means an area of land or other hard surface, excluding water, that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. |
'Airport operating certificate' means a certificate, issued under this part, for operation of an airport serving scheduled operations of air carriers. |
'Average daily departures' means the average number of scheduled departures per day of air carrier aircraft computed on the basis of the busiest 3 consecutive months of the immediately preceding 12 calendar months; except that if the average daily departures are expected to increase, then 'average daily departures' may be determined by planned rather than current activity in a manner acceptable to the Administrator.|
'Certificate holder' means the holder of an airport operating certificate or a limited airport operating certificate, except that as used in Subpart D 'certificate holder' does not mean the holder of a limited airport operating certificate if its airport certification specifications, or this part, do not require compliance with the section in which it is used. |
'Heliport' means an airport or an area of an airport used or intended to be used for the landing and takeoff of helicopters. |
'Index' means an airport ranking according to the type and quantity of aircraft rescue and firefighting equipment and agent required, determined by the length and frequency of air carrier aircraft served by the airport, as provided in Subpart D of this part. |
'Limited airport operating certificate' means a certificate, issued under this part, for the operation of an airport serving unscheduled operations of air carriers. |
'Movement area' means the runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas. |
'Regional Airports Division Manager' means the airports division manager for the FAA region in which the airport is located. |
'Safety area' means a designated area abutting the edges of a runway or taxiway intended to reduce the risk of damage to an aircraft inadvertently leaving the runway or taxiway. |
'Wildlife hazard' means a potential for a damaging aircraft collision with wildlife on or near an airport. As used in this part, 'wildlife' includes domestic animals while out of the control of their owners. ">
<PARAM NAME="t48" VALUE="4 |Sec. 139.5 Standards and procedures for compliance | ">
<PARAM NAME="d48" VALUE=" Sec. 139.5 Standards and procedures for compliance with the certification and operations requirements of this part. |Certain requirements prescribed by Subparts C and D of this part must be complied with in a manner acceptable to the Administrator. FAA Advisory Circulars contain standards and procedures that are acceptable to the Administrator for compliance with Subparts C and D. Some of these advisory circulars are referenced in specific sections of this part. The standards and procedures in them, or other standards and procedures approved by the Administrator, may be used to comply with those sections.">
<PARAM NAME="t49" VALUE="4 |Subpart B--Certification
Sec. 139.101 Certification requirements: general. | ">
<PARAM NAME="d49" VALUE=" Subpart B--Certification|
Sec. 139.101 Certification requirements: general. |
(a) No person may operate a land airport in any State of the United States, the District of Columbia, or any territory or possession of the United States, serving any scheduled passenger operation of an air carrier operating an aircraft having a seating capacity of more than 30 passengers without an airport operating certificate, or in violation of that certificate, the applicable provisions of this part, or the approved airport certification manual for that airport. |
(b) Unless otherwise authorized by the Administrator, no person may operate a land airport in any State of the United States, the District of Columbia, or any territory or possession of the United States, serving any unscheduled passenger operation of an air carrier operating an aircraft having a seating capacity of more than 30 passengers without a limited airport operating certificate, or in violation of that certificate, the applicable provisions of this part, or the approved airport specifications for that airport. ">
<PARAM NAME="t50" VALUE="4 |Sec. 139.103 Application for certificate. ">
<PARAM NAME="d50" VALUE=" Sec. 139.103 Application for certificate. |(a) Each applicant for an airport operating certificate or a limited airport operating certificate must submit an application, in a form and in the manner prescribed by the Administrator, to the Regional Airports Division Manager. |(b) The application must be accompanied by two copies of an airport certification manual or airport certification specifications, as appropriate, prepared in accordance with Subpart C of this part.
">
<PARAM NAME="t51" VALUE="4 |Sec. 139.105 Inspection authority. | ">
<PARAM NAME="d51" VALUE=" Sec. 139.105 Inspection authority.| Each applicant for an airport operating certificate or a limited airport operating certificate must allow the Administrator to make any inspections, including unannounced inspections, or tests to determine compliance with-- |(a) The Federal Aviation Act of 1958, as amended; and |(b) The requirements of this part.
">
<PARAM NAME="t51" VALUE="4 |Sec. 139.107 Issuance of certificate. | ">
<PARAM NAME="d51" VALUE=" Sec. 139.107 Issuance of certificate.|
(a) An applicant for an airport operating certificate is entitled to a certificate if-- |
(1) The provisions of Sec. 139.103 of this subpart are met; |
(2) The Administrator, after investigation, finds that the applicant is properly and adequately equipped and able to provide a safe airport operating environment in accordance with-- |
(i) Subpart D of this part, and |
(ii) Any limitations which the Administrator finds necessary in the public interest; and |
(3) The Administrator approves the airport certification manual. |
(b) An applicant for a limited airport operating certificate is entitled to a certificate if-- |
(1) The provisions of Sec. 139.103 of this subpart are met; |
(2) The Administrator, after investigation, finds that the applicant is properly and adequately equipped and able to provide a safe airport operating environment in accordance with-- |
(i) The provisions of Subpart D listed in Sec. 139.213|
(a) of this part, and |
(ii) Any other provisions of this part and any limitations which the Administrator finds necessary in the public interest; and |
(3) The Administrator approves the airport certification specifications. ">
<PARAM NAME="t52" VALUE="4 |Sec. 139.109 Duration of certificate. | ">
<PARAM NAME="d52" VALUE=" Sec. 139.109 Duration of certificate.|
An airport operating certificate or a limited airport operating certificate issued under this part is effective until it is surrendered by the certificate holder or is suspended or revoked by the Administrator. ">
<PARAM NAME="t53" VALUE="4 |Sec. 139.111 Exemptions. | ">
<PARAM NAME="d53" VALUE=" Sec. 139.111 Exemptions. |
(a) An applicant or a certificate holder may petition the Administrator under Sec. 11.25, Petitions for Rule Making or Exemptions, of this chapter for an exemption from any requirement of this part. |
(b) An applicant or a certificate holder, enplaning annually less than one- quarter of 1 percent of the total number of passengers enplaned at all air carrier airports, may petition the Administrator under Sec. 11.25, Petitions for Rule Making or Exemptions, of this chapter for an exemption from all or part of the rescue and firefighting equipment requirements of this part on the grounds that compliance with those requirements is, or would be, unreasonably costly, burdensome, or impractical. |
(c) Each petition filed under this section must be submitted in duplicate to the Regional Airports Division Manager. ">
<PARAM NAME="t54" VALUE="4 |Sec. 139.113 Deviations. | ">
<PARAM NAME="d54" VALUE=" Sec. 139.113 Deviations.|
In emergency conditions requiring immediate action for the protection of life or property, involving the transportation of persons by air carriers, the certificate holder may deviate from any requirement of Subpart D of this part to the extent required to meet that emergency. Each certificate holder who deviates from a requirement under this paragraph shall, as soon as practicable, but not later than 14 days after the emergency, report in writing to the Regional Airports Division Manager stating the nature, extent, and duration of the deviation.
">
<PARAM NAME="t55" VALUE="4 |Subpart C--Airport Certification Manual and Airport Certification| ">
<PARAM NAME="d55" VALUE=" Subpart C--Airport Certification Manual and Airport Certification |Specifications| Sec. 139.201 Airport operating certificate: Airport certification manual. |
(a) An applicant for an airport operating certificate must prepare, and submit with an application, an airport certification manual for approval by the Administrator. Only those items addressing subjects required for certification under this part shall be included in the airport certification manual. |(b) Except as provided in paragraph (c) of this section, each certificate holder shall comply with an approved airport certification manual that meets the requirements of Secs. 139.203 and 139.205. |(c) A certificate holder with an approved airport operations manual on December 31, 1987, may use the manual in lieu of the manual required by paragraph (b) of this section until December 31, 1988. Until the certificate holder has an approved airport certification manual, it shall comply with Sec. 139.207 as if that section applied to its airport operations manual.
">
<PARAM NAME="t56" VALUE="4 |Sec. 139.201 Airport operating certificate: Airport certification manual. | ">
<PARAM NAME="d56" VALUE="Subpart C--Airport Certification Manual and Airport Certification |Specifications| Sec. 139.201 Airport operating certificate: Airport certification manual. |
(a) An applicant for an airport operating certificate must prepare, and submit with an application, an airport certification manual for approval by the Administrator. Only those items addressing subjects required for certification under this part shall be included in the airport certification manual. |(b) Except as provided in paragraph (c) of this section, each certificate holder shall comply with an approved airport certification manual that meets the requirements of Secs. 139.203 and 139.205. |(c) A certificate holder with an approved airport operations manual on December 31, 1987, may use the manual in lieu of the manual required by paragraph (b) of this section until December 31, 1988. Until the certificate holder has an approved airport certification manual, it shall comply with Sec. 139.207 as if that section applied to its airport operations manual. ">
<PARAM NAME="t57" VALUE="4 |Sec. 139.203 Preparation of airport certification manual. | ">
<PARAM NAME="d57" VALUE=" Sec. 139.203 Preparation of airport certification manual.|
(a) Each airport certification manual required by this part shall-- |
(1) Be typewritten and signed by the airport operator; |
(2) Be in a form that is easy to revise; |
(3) Have the date of initial approval or approval of the latest revision on each page or item in the manual and include a page revision log; and |
(4) Be organized in a manner helpful to the preparation, review, and approval processes. (b) FAA Advisory Circulars in the 139 series contain standards and procedures for the development of airport certification manuals which are acceptable to the Administrator. ">
<PARAM NAME="t58" VALUE="4 |Sec. 139.205 Contents of airport certification manual. | ">
<PARAM NAME="d58" VALUE=" Sec. 139.205 Contents of airport certification manual. |
(a) Each airport certification manual required by this part shall include operating procedures, facilities and equipment descriptions, responsibility assignments, and any other information needed by personnel concerned with operating the airport in order to comply with-- |
(1) The provisions of Subpart D of this part; and |
(2) Any limitations which the Administrator finds necessary in the public interest. |
(b) In complying with paragraph |
(a) of this section, the airport certification manual must include at least the following elements: |
(1) Lines of succession of airport operational responsibility. |
(2) Each current exemption issued to the airport from the requirements of this part. |
(3) Any limitations imposed by the Administrator. |
(4) A grid map or other means of identifying locations and terrain features on and around the airport which are significant to emergency operations. |
(5) The system of runway and taxiway identification. |
(6) The location of each obstruction required to be lighted or marked within the airport's area of authority. |(7) A description of each movement area available for air carriers and its safety areas and each road described in Sec. 139.319(k) that serves it. |
(8) Procedures for avoidance of interruption or failure during construction work of utilities serving facilities or navaids which support air carrier operations. |
(9) Procedures for maintaining the paved areas as required by Sec. 139.305. |
(10) Procedures for maintaining the unpaved areas as required by Sec. 139.307. |
(11) Procedures for maintaining the safety areas as required by Sec. 139.309. |
(12) A description of, and procedures for maintaining, the marking and lighting systems as required by Sec. 139.311. |
(13) A snow and ice control plan as required by Sec. 139.313. |
(14) A description of the facilities, equipment, personnel, and procedures for meeting the rescue and firefighting requirements in Secs. 139.317 and 139.319. |
(15) Procedures for complying with the requirements of Sec. 139.321 relating to hazardous substances and materials. |
(16) A description of, and procedures for maintaining, the traffic and wind direction indicators required by Sec. 139.323. |
(17) An emergency plan as required by Sec. 139.325. |
(18) Procedures for conducting the self-inspection program as required by Sec. 139.327. |
(19) Procedures for controlling ground vehicles as required by Sec. 139.329. |
(20) Procedures for obstruction removal, marking, or lighting as required by Sec. 139.331. |
(21) Procedures for protection of navaids as required by Sec. 139.333. (22) A description of public protection as required by Sec. 139.335. |
(23) A wildlife hazard management plan as required by Sec. 139.337. |
(24) Procedures for airport condition reporting as required by Sec. 139.339. |
(25) Procedures for identifying, marking, and reporting construction and other unserviceable areas as required by Sec. 139.341. |
(26) Any other item which the Administrator finds is necessary in the public interest.
">
<PARAM NAME="t59" VALUE="4 |Sec. 139.207 Maintenance of airport certification manual. | ">
<PARAM NAME="d59" VALUE=" Sec. 139.207 Maintenance of airport certification manual. |
Each holder of an airport operating certificate shall-- |
(a) Keep its airport certification manual current at all times; |
(b) Maintain at least one complete and current copy of its approved airport certification manual on the airport; |
(c) Furnish the applicable portions of the approved airport certification manual to the airport personnel responsible for their implementation; |
(d) Make the copy required by paragraph (b) of this section available for inspection by the Administrator upon request; and |
(e) Provide the Administrator with one complete and current copy required by paragraph (b) of this section.
">
<PARAM NAME="t60" VALUE="4 |Sec. 139.209 Limited airport operating certificate: Airport certification Specifications. | ">
<PARAM NAME="d60" VALUE=" Sec. 139.209 Limited airport operating certificate: Airport certification Specifications. |
(a) An applicant for a limited airport operating certificate must prepare, and submit with an application, airport certification specifications for approval by the Administrator. Only those items addressing subjects required for certification under this part shall be included in the airport certification specifications.|
(b) Except as provided in paragraph (c) of this section, each certificate holder shall comply with the approved airport certification specifications that meet the requirements of Secs. 139.211 and 139.213. |
(c) A certificate holder with an approved airport operations specification on December 31, 1987, may use those specifications in lieu of the specifications required by paragraph (b) of this section until December 31, 1988. Until the certificate holder has approved airport certification specifications, it shall comply with Sec. 139.215 as if that section applied to its airport operations specifications.
">
<PARAM NAME="t61" VALUE="4 |Sec. 139.211 Preparation of airport certification specifications. | ">
<PARAM NAME="d61" VALUE=" Sec. 139.211 Preparation of airport certification specifications. |
(a) Each airport certification specifications required by this part shall-- |
(1) Be typewritten and signed by the airport operator; |
(2) Be in a form that is easy to revise; |
(3) Have the date of initial approval or approval of the latest revision on each page or item in the specifications and include a page revision log; and |
(4) Be organized in a manner helpful to the preparation, review, and approval processes. |
(b) FAA Advisory Circulars in the 139 series contain standards and procedures for the development of airport certification specifications which are acceptable to the Administrator.
">
<PARAM NAME="t62" VALUE="4 |Sec. 139.213 Contents of airport certification specifications. | ">
<PARAM NAME="d62" VALUE=" Sec. 139.213 Contents of airport certification specifications. |
(a) The airport certification specifications required by this part shall include operating procedures, facilities and equipment descriptions, responsibility assignments, and any other information needed by personnel concerned with operating the airport in order to comply with-- |
(1) The following provisions of Subpart D of this part: |
(i) Section 139.301 Inspection authority. |
(ii) Section 139.303 Personnel. |
(iii) Section 139.305 Paved areas.|
(iv) Section 139.307 Unpaved areas. |
(v) Section 139.309 Safety areas. |
(vi) Section 139.311 Marking and lighting. |
(vii) Section 139.339 Airport condition reporting. |
(2) Any other provisions of Subpart D of this part, and any limitations, which the Administrator finds necessary in the public interest. |
(b) In complying with paragraph |
(a) of this section, the airport certification specifications shall include at least the following elements: |
(1) Lines of succession of airport operational responsibility. |
(2) Each current exemption issued to the airport from the requirements of this part. |
(3) Any limitations imposed by the Administrator. |
(4) The system of runway and taxiway identification. |
(5) The location of each obstruction required to be lighted or marked within the airport's area of authority. (6) A description of each movement area available for air carriers and its safety areas. |
(7) Procedures for maintaining the paved areas as required by Sec. 139.305. |
(8) Procedures for maintaining the unpaved areas as required by Sec. 139.307. |
(9) Procedures for maintaining the safety areas as required by Sec. 139.309. |
(10) A description of, and procedures for maintaining, the marking and lighting systems as required by Sec. 139.311. |
(11) A description of the facilities, equipment, personnel, and procedures forrgency response to aircraft rescue and firefighting needs. |
(12) Procedures for safety in storing and handling of hazardous substances and materials. |
(13) A description of, and procedures for maintaining, any traffic and wind direction indicators on the airport. |
(14) A description of the procedures used for conducting self-inspections of the airport.|
(15) Procedures and responsibilities for airport condition reporting as required by Sec. 139.339. |
(16) Procedures for compliance with any other provisions of Subpart D of this part, and any limitations, which the Administrator finds necessary in the public interest.
">
<PARAM NAME="t63" VALUE="4 |Sec. 139.215 Maintenance of airport certification specifications. | ">
<PARAM NAME="d63" VALUE=" Sec. 139.215 Maintenance of airport certification specifications. |
Each holder of a limited airport operating certificate shall-- |
(a) Keep its airport certification specifications current at all times; |
(b) Maintain at least one complete and current copy of its approved airport certification specifications on the airport; |
(c) Furnish the applicable portions of the approved airport certification specifications to the airport personnel responsible for their implementation; |
(d) Make the copy required by paragraph (b) of this section available for inspection by the Administrator upon request; and |
(e) Provide the Administrator with one complete and current copy required by paragraph (b) of this section.
">
<PARAM NAME="t64" VALUE="4 |Sec. 139.217 Amendment of airport certification manual or airport Certification specifications. | ">
<PARAM NAME="d64" VALUE=" Sec. 139.217 Amendment of airport certification manual or airport Certification specifications. |
(a) The Regional Airports Division Manager may amend any airport certification manual or any airport certification specifications approved under this part, either-- |
(1) Upon application by the certification holder; or |
(2) On the Regional Airports Division Manager's own initiative if the Regional Airports Division Manager determines that safety in air transportation or air commerce and the public interest require the amendment. |(b) An applicant for an amendment to its airport certification manual or its airport certification specifications shall file its application with the Regional Airports Division Manager at least 30 days before the proposed effective date of the amendment, unless a shorter filing period is allowed by that office. |
(c) At any time within 30 days after receiving a notice of refusal to approve the application for amendment, the certificate holder may petition the Administrator to reconsider the refusal to amend. |
(d) In the case of amendments initiated by the Regional Airports Division Manager, the office notifies the certificate holder of the proposed amendment, in writing, fixing a reasonable period (but not less than 7 days) within which the certificate holder may submit written information, views, and arguments on the amendment. After considering all relevant material presented, the Regional Airports Division Manager notifies the certificate holder of any amendment adopted or rescinds the notice. The amendment becomes effective not less than 30 days after the certificate holder receives notice of it, except that prior to the effective date the certificate holder may petition the Administrator to reconsider the amendment, in which case its effective date is stayed pending a decision by the Administrator. |
(e) Notwithstanding the provisions of paragraph (d) of this section, if the Regional Airports Division Manager finds that there is an emergency requiring immediate action with respect to safety in air transportation or air commerce that makes the procedures in this paragraph impractical or contrary to the public interest, the Regional Airports Division Manager may issue an amendment, effective without stay on the date the certificate holder receives notice of it. In such a case, the Regional Airports Division Manager incorporates the finding of the emergency, and a brief statement of the reasons for the finding, in the notice of the amendment. Within 30 days after the issuance of such an emergency amendment, the certificate holder may petition the Administrator to reconsider either the finding of an emergency or the amendment itself or both. This petition does not automatically stay the effectiveness of the emergency amendment.
">
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<TR><TD><FONT FACE="Arial"><A HREF="part107.html"><nobr>PART 107 -Airport Security</nobr></A>
<TR><TD><FONT FACE="Arial"><A HREF="part108.html"><nobr>PART 108 -Airplane Operation Security</nobr></A>
<TR><TD><FONT FACE="Arial"><A HREF="part109.html"><nobr>PART 109 -Indirect Air Carrier Security</nobr></A>
<TR><TD><FONT FACE="Arial"><A HREF="part139.html"><nobr>PART 139 -Certification and Operations</nobr></A>
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