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<TITLE>PART 109--INDIRECT AIR CARRIER SECURITY
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<h2><CENTER>INDIRECT AIR CARRIER SECURITY</CENTER></h2>
<b>Sec. 109.1 Applicability.</b>
<OL TYPE="a">
<LI>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;
<P>
<LI>For the purposes of this part, "property" means
any package cargo.
</OL>
<b>Sec. 109.3 Security program.</b>
<OL TYPE="a">
<LI> Each indirect air carrier shall adopt and carry out a
security program that-- <P>
<OL TYPE="1">
<LI> Is designed to prevent or deter the unauthorized
introduction of any explosive or incendiary
device into any package cargo intended for
carriage by air; <P>
<LI> Is in writing and signed by the carrier or any
person delegated authority in this matter;<P>
<LI> Includes a system of security safeguards
acceptable to the Administrator; and<P>
<LI> Has been approved by the Administrator. <P>
</OL>
<LI> 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.<P>
<LI> Each indirect air carrier shall-- <P>
<OL TYPE="1">
<LI> Restrict the distribution, disclosure, and
availability of information contained in the
security program to persons with an operational
need-to-know;<P>
<LI> Require those persons to keep that information
confidential; and<P>
<LI> Refer requests for such information to the
Director of Civil Aviation Security of the
FAA. <P>
</OL></OL>
<b>Sec. 109.5 Approval of security programs and
amendments.</b><P>
<OL TYPE="a">
<LI> 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. <P>
<LI> 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.<P>
<LI> 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. <P>
<LI> 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:<P>
<OL TYPE="1">
<LI> 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.<P>
<LI> 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.<P>
<LI> 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.<P>
</OL>
<LI> 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.
</OL>
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<P>
April 1997
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<FONT COLOR="#000000"><SMALL>Contact CTI at <BR>
<A HREF="mailto:[email protected]">[email protected]</A><P>
<U>Headquarters</U><BR>
4733 Bethesda Avenue, Suite 200<BR>
Bethesda, Maryland 20814<BR>
Tel (301) 907-0127 or (800) 783-4284<BR>
Fax (301) 907-6997
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