Sec.
108.1 Applicability.
108.3 Definitions.
108.5 Security program: Adoption and implementation.
108.7 Security program: Form, content, and availability.
108.9 Screening of passengers and property.
108.10 Prevention and management of hijackings and sabotage attempts.
108.11 Carriage of weapons.
108.13 Security of airplanes and facilities.
108.14 Transportation of Federal Air Marshals.
108.15 Law enforcement officers.
108.17 Use of X-ray systems.
108.18 Security Directives and Information Circulars.
108.19 Security threats and procedures.
108.20 Use of Explosives Detection Systems.
108.21 Carriage of passengers under the control of armed law enforcement
escorts.
108.23 Training.
108.25 Approval of security programs and amendments.
108.27 Evidence of compliance.
108.29 Standards for security oversight.
108.31 Employment standards for screening personnel.
Authority: 49 U.S.C. App. 1354, 1356, 1357, 1421, 1424, and 1511; 49
U.S.C. 106(g); Sec. 101 et seq., Pub. L. 101-604, 104 Stat. 3066.
(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; and
(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.
(b) This part does not apply to helicopter or to all-cargo operations.
[Doc. No. 24883, Amdt. 108-4, 51 FR 1352, Jan. 10, 1986, as amended bu Amdt.
108-6, 54 FR 28984, July 10, 1989]
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.
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.
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.
[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-3, 50 FR
28893, July 16, 1985; Amdt. 108-7, 54 FR 36946, Sept. 5, 1989]
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.
SUMMARY: This rule establishes minimum standards for the hiring, continued
employment, and contracting for air carrier and airport employees engaged in
security-related activities. The requirements in this rule respond to the
Aviation Security Improvement Act of 1990. The requirements are intended to
enhance the effectiveness of U.S. civil aviation security systems in
providing safety and security from terrorism and other criminal acts against
civil aviation to passengers of U.S. Air carriers.
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.
[Doc. No. 24719, 50 FR 28893, July 16, 1985]
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 or the 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 crewmembers, 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) Crewmembers 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 flightcrew 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.
[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51 FR
1352, Jan. 10, 1986]
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.
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.
[Doc. No. 24714, 50 FR 27925, July 8, 1985]
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 crewmembers, 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
crewmembers, as appropriate, current information with respect to procedures
for obtaining this law enforcement assistance at that airport.
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 FAA Rules 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.
[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-1, 50 FR
25656, June 20, 1985; Doc. No. 26522, Amdt. Nos. 107-6 and 108-10, 56 FR
41425, Aug. 20, 1991; Doc. No. 26268, Amdt. No. 108-11, 56 FR 48373, Sept.
24, 1991]
SUMMARY: The FAA is amending the airplane operator security regulations by
removing the exception to meeting the current X-ray imaging standard for X-
ray screening systems in use prior to July 22, 1985. Each United States air
carrier conducting screening under a mandatory security program will be
required to use only X-ray systems that meet the current X-ray imaging
standard required under its approved security program to screen carry-on and
checked articles. Likewise, each foreign air carrier that lands or takes off
in the United States will be required to use only X-ray screening systems
that meet the current X-ray imaging standard under its accepted security
program to screen carry-on and checked articles in the United States. This
action is needed due to the increased sophistication of terrorist acts. The
intended effect is to increase the safety of passengers and crewmembers
aboard aircraft by providing an upgraded aid at airport screening points to
prevent the carriage of explosives, incendiaries, or deadly or dangerous
weapons.
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.
(Approved by the Office of Management and Budget under control number 2120-
0098)
[Doc. No. 25953, 54 FR 28984, July 10, 1989]
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 crewmembers 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.
[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51 FR
1352, Jan. 10, 1986; Amdt. 108-9, 56 FR 27869, June 17, 1991]
SUMMARY: This final rule amends the Federal Aviation Regulations and
implements a statutory requirement for the notification of flight and cabin
crewmembers of threats to the security of their flight. The Aviation Security
Improvement Act of 1990 amended title III of the Federal Aviation Act of 1958
and directed the Administrator of the FAA to implement guidelines for such
notification. This amendment is needed to clarify an air carrier's
responsibility to disseminate threat information to inflight security
coordinators and establishes new requirements to disseminate this information
to flight and cabin crewmembers. Air carriers are also required to provide
any evaluation of the threat information and countermeasures to be applied.
This action is intended to enhance civil aviation security.
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.
[Doc. No. 25956, 54 FR 36946, Sept. 5, 1989]
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
at least 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
or any 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.
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 crewmember 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 crewmember 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.
[Doc. No. 24719, 50 FR 28893, July 16, 1985, as amended by Amdt. 108-8, 55
FR 40275, Oct. 2, 1990]
SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes a
voluntary, alternative method for the training, evaluation, certification,
and qualification requirements of flight crewmembers, flight attendants,
aircraft dispatchers, instructors, evaluators and other operations personnel
subject to the training and qualification requirements of 14 CFR parts 121
and 135. The FAA has developed this alternative method in response to
recommendations made by representatives from the government, airlines,
aircrew professional organizations, and airline industry organizations. The
SFAR is designed to improve aircrew performance and allows certificate
holders that are subject to the training requirements of parts 121 and 135 to
develop innovative training programs that incorporate the most recent
advances in training methods and techniques.
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 30
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.
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.
[Doc. 24719, 50 FR 28894, July 16, 1985; 50 FR 35535, Aug. 30, 1985; 51 FR
44875, Dec. 12, 1986]
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.
[Doc. No. 26522, Amdt. Nos. 107-6 and 108-10, 56 FR 41425, Aug. 20, 1991]
SUMMARY: This rule establishes minimum standards for the hiring, continued
employment, and contracting for air carrier and airport employees engaged in
security-related activities. The requirements in this rule respond to the
Aviation Security Improvement Act of 1990. The requirements are intended to
enhance the effectiveness of U.S. civil aviation security systems in
providing safety and security from terrorism and other criminal acts against
civil aviation to passengers of U.S. Air carriers.
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 the certificate 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 dimunition 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.
[Doc. No. 26522, Amdt. Nos. 107-8 and 108-10, 56 FR 41425, Aug. 20, 1991]
SUMMARY: This rule establishes minimum standards for the hiring, continued
employment, and contracting for air carrier and airport employees engaged in
security-related activities. The requirements in this rule respond to the
Aviation Security Improvement Act of 1990. The requirements are intended to
enhance the effectiveness of U.S. civil aviation security systems in
providing safety and security from terrorism and other criminal acts against
civil aviation to passengers of U.S. Air carriers.
