49 C.F.R. § 1544.101

Current through October 31, 2024
Section 1544.101 - Adoption and implementation
(a)Full program. Each aircraft operator must carry out subparts C, D, and E of this part and must adopt and carry out a security program that meets the requirements of § 1544.103 for each of the following operations:
(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 61 or more seats.
(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 60 or fewer seats when passengers are enplaned from or deplaned into a sterile area.
(b)Partial program-adoption. Each aircraft operator must carry out the requirements specified in paragraph (c) of this section for each of the following operations:
(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 31 or more but 60 or fewer seats that does not enplane from or deplane into a sterile area.
(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 60 or fewer seats engaged in operations to, from, or outside the United States that does not enplane from or deplane into a sterile area.
(c)Partial program-content: For operations described in paragraph (b) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements in § 1544.103 (c) :
(1) The requirements of §§ 1544.215 , 1544.217 , 1544.219 , 1544.223 , 1544.230 , 1544.235 , 1544.237 , 1544.301 , 1544.303 , and 1544.305 .
(2) Other provisions of subparts C, D, and E of this part that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(d)Twelve-five program-adoption: Each aircraft operator must carry out the requirements of paragraph (e) of this section for each operation that meets all of the following-
(1) Is an aircraft with a maximum certificated takeoff weight of more than 12,500 pounds;
(2) Is in scheduled or charter service;
(3) Is carrying passengers or cargo or both; and
(4) Is not under a full program, partial program, or full all-cargo program under paragraph (a), (b), or (h) of this section.
(e)Twelve-five program-contents: For each operation described in paragraph (d) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements of § 1544.103 (c) :
(1) The requirements of §§ 1544.215 , 1544.217 , 1544.219 , 1544.223 , 1544.230 , 1544.235 , 1544.237 , 1544.301(a) and (b) , 1544.303 , and 1544.305 ; and in addition, for all-cargo operations of §§ 1544.202 , 1544.205(a), (b), (d), and (f) .
(2) Other provisions of subparts C, D, and E that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(f)Private charter program. In addition to paragraph (d) of this section, if applicable, each aircraft operator must carry out §§ 1544.201 , 1544.207 , 1544.209 , 1544.211 , 1544.215 , 1544.217 , 1544.219 , 1544.225 , 1544.229 , 1544.230 , 1544.233 , 1544.235 , 1544.303 , and 1544.305 , and subpart E of this part and-
(1) Must adopt and carry out a security program that meets the applicable requirements of § 1544.103 for each private charter passenger operation in which-
(i) The passengers are enplaned from or deplaned into a sterile area; or
(ii) The aircraft has a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or more, and is not a government charter under paragraph (2) of the definition of private charter in § 1540.5 of this chapter.
(2) The Administrator may authorize alternate procedures under paragraph (f)(1) of this section as appropriate.
(g)Limited program: In addition to paragraph (d) of this section, if applicable, TSA may approve a security program after receiving a request by an aircraft operator holding a certificate under 14 CFR part 119, other than one identified in paragraph (a), (b), (d), or (f) of this section. The aircraft operator must-
(1) Carry out selected provisions of subparts C, D, and E;
(2) Carry out the provisions of § 1544.305 , as specified in its security program; and
(3) Adopt and carry out a security program that meets the applicable requirements of § 1544.103 (c) .
(h)Full all-cargo program-adoption: Each aircraft operator must carry out the requirements of paragraph (i) of this section for each operation that is-
(1) In an aircraft with a maximum certificated takeoff weight of more than 45,500 kg (100,309.3 pounds); and
(2) Carrying cargo and authorized persons and no passengers.
(i)Full all-cargo program-contents: For each operation described in paragraph (h) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements of § 1544.103(c) :
(1) The requirements of §§ 1544.202 , 1544.205 , 1544.207 , 1544.209 , 1544.211 , 1544.215 , 1544.217 , 1544.219 , 1544.225 , 1544.227 , 1544.228 , 1544.229 , 1544.230 , 1544.231 , 1544.233 , 1544.235 , 1544.237 , 1544.301 , 1544.303 , and 1544.305 .
(2) Other provisions of subpart C of this part that TSA has approved upon request.
(3) The remaining requirements of subpart C of this part when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.

49 C.F.R. §1544.101

67 FR 8364 , Feb. 22, 2002, as amended at 67 FR 8209 , Feb. 22, 2002; 67 FR 41639 , June 19, 2002; 67 FR 79887 , Dec. 31, 2002; 71 FR 30510 , May 26, 2006