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1 SUBPART A — MARYLAND THREE AIRPORTS: ENHANCED SECURITY PROCEDURES FOR OPERATIONS AT CERTAIN AIRPORTS IN THE WASHINGTON, DC, METROPOLITAN AREA FLIGHT RESTRICTED ZONE 1562.1 SCOPE AND DEFINITIONS (a) Scope. This subpart applies to the following air- ports, and individuals who operate an aircraft to or from those airports, that are located within the airspace designated as the Washington, DC, Metropolitan Area Flight Restricted Zone by the Federal Aviation Administration: (1) College Park Airport (CGS); (2) Potomac Airfield (VKX); and (3) Washington Executive/Hyde Field (W32). (b) Definitions. For purposes of this section: Airport security coordinator — means the offi- cial at a Maryland Three Airport who is respon- sible for ensuring that the airport’s security pro- cedures are implemented and followed. Maryland Three Airport — means any of the airports specified in paragraph (a) of this sec- tion. 1562.3 OPERATING REQUIREMENTS (a) Airport operator requirements. Each operator of a Maryland Three Airport must: (1) Appoint an airport employee as the airport security coordinator; (2) Maintain and carry out security proce- dures approved by TSA; (3) Maintain at the airport a copy of the air- port’s TSA-approved security procedures; (4) Maintain at the airport a copy of each Fed- eral Aviation Administration Notice to Air- men and rule that affects security proce- dures at the Maryland Three Airports; and (5) Permit officials authorized by TSA to inspect— (i) The airport; (ii) The airport’s TSA-approved secu- rity procedures; and (iii) Any other documents required under this section. (b) Airport security coordinator requirements. Each airport security coordinator for a Maryland Three Airport must be approved by TSA. To obtain TSA approval, an airport security coordinator must: (1) Present to TSA, in a form and manner acceptable to TSA, his or her— (i) Name; (ii) Social Security Number; (iii) Date of birth; (iv) Address; (v) Phone number; and (vi) Fingerprints. (2) Successfully complete a TSA terrorist threat assessment; and (3) Not have been convicted or found not guilty by reason of insanity, in any jurisdic- tion, during the 10 years prior to applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any crime specified in 49 CFR 1542.209 or 1572.103. (c) Security procedures. To be approved by TSA, an airport’s security procedures, at a minimum, must: (1) Identify and provide contact information for the airport’s airport security coordina- tor. (2) Contain a current record of the individu- als and aircraft authorized to operate to or from the airport. (3) Contain procedures to— (i) Monitor the security of aircraft at the airport during operational and non-operational hours; and (ii) Alert the aircraft owner(s) and operator(s), the airport operator, and TSA of unsecured aircraft. (4) Contain procedures to implement and maintain security awareness procedures at the airport. (5) Contain procedures for limited approval of pilots who violate the Washington, DC, Metropolitan Area Flight Restricted Zone and are forced to land at the airport. (6) Contain any additional procedures required by TSA to provide for the secu- rity of aircraft operations to or from the airport. (d) Amendments to security procedures. Airport security procedures approved by TSA remain in effect unless TSA determines that— (1) Operations at the airport have not been conducted in accordance with those pro- cedures; or (2) The procedures must be amended to pro- vide for the security of aircraft operations to or from the airport. (e) Pilot requirements for TSA approval. Except as specified in paragraph (g) of this section, each pilot of an aircraft operating to or from any of the Maryland Three Airports must be approved by TSA. To obtain TSA approval, a pilot must: (1) Present to TSA— (i) The pilot’s name; (ii) The pilot’s Social Security Number; (iii) The pilot’s date of birth; (iv) The pilot’s address; (v) The pilot’s phone number; (vi) The pilot’s current and valid airman certificate or current student pilot certificate; (vii) The pilot’s current medical certifi- cate; (viii) One form of Government-issued picture identification of the pilot; Supplied by Jeppesen Sanderson REGULATIONS

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Page 1: Print Preview - D:TEMPe3temp 4064.aptcacheaea04064/tfa04064 · 2 (ix)Thepilot’sfingerprints,inaform and manner acceptable to TSA; and (x) A list containing the make, model, and

1

SUBPART A — MARYLAND THREE AIRPORTS: ENHANCED SECURITY PROCEDURESFOR OPERATIONS AT CERTAIN AIRPORTS IN THE WASHINGTON, DC, METROPOLITAN

AREA FLIGHT RESTRICTED ZONE

1562.1 SCOPE AND DEFINITIONS(a) Scope. This subpart applies to the following air-

ports, and individuals who operate an aircraft toor from those airports, that are located withinthe airspace designated as the Washington, DC,Metropolitan Area Flight Restricted Zone by theFederal Aviation Administration:

(1) College Park Airport (CGS);

(2) Potomac Airfield (VKX); and

(3) Washington Executive/Hyde Field (W32).

(b) Definitions. For purposes of this section:

Airport security coordinator — means the offi-cial at a Maryland Three Airport who is respon-sible for ensuring that the airport’s security pro-cedures are implemented and followed.

Maryland Three Airport — means any of theairports specified in paragraph (a) of this sec-tion.

1562.3 OPERATINGREQUIREMENTS

(a) Airport operator requirements. Each operator ofa Maryland Three Airport must:

(1) Appoint an airport employee as the airportsecurity coordinator;

(2) Maintain and carry out security proce-dures approved by TSA;

(3) Maintain at the airport a copy of the air-port’s TSA-approved security procedures;

(4) Maintain at the airport a copy of each Fed-eral Aviation Administration Notice to Air-men and rule that affects security proce-dures at the Maryland Three Airports; and

(5) Permit officials authorized by TSA toinspect—

(i) The airport;

(ii) The airport’s TSA-approved secu-rity procedures; and

(iii) Any other documents requiredunder this section.

(b) Airport security coordinator requirements. Eachairport security coordinator for a Maryland ThreeAirport must be approved by TSA. To obtain TSAapproval, an airport security coordinator must:

(1) Present to TSA, in a form and manneracceptable to TSA, his or her—

(i) Name;

(ii) Social Security Number;

(iii) Date of birth;

(iv) Address;

(v) Phone number; and

(vi) Fingerprints.

(2) Successfully complete a TSA terroristthreat assessment; and

(3) Not have been convicted or found notguilty by reason of insanity, in any jurisdic-tion, during the 10 years prior to applyingfor authorization to operate to or from the

airport, or while authorized to operate toor from the airport, of any crime specifiedin 49 CFR 1542.209 or 1572.103.

(c) Security procedures. To be approved by TSA,an airport’s security procedures, at a minimum,must:

(1) Identify and provide contact informationfor the airport’s airport security coordina-tor.

(2) Contain a current record of the individu-als and aircraft authorized to operate to orfrom the airport.

(3) Contain procedures to—

(i) Monitor the security of aircraft atthe airport during operational andnon-operational hours; and

(ii) Alert the aircraft owner(s) andoperator(s), the airport operator,and TSA of unsecured aircraft.

(4) Contain procedures to implement andmaintain security awareness proceduresat the airport.

(5) Contain procedures for limited approvalof pilots who violate the Washington, DC,Metropolitan Area Flight Restricted Zoneand are forced to land at the airport.

(6) Contain any additional proceduresrequired by TSA to provide for the secu-rity of aircraft operations to or from theairport.

(d) Amendments to security procedures. Airportsecurity procedures approved by TSA remain ineffect unless TSA determines that—

(1) Operations at the airport have not beenconducted in accordance with those pro-cedures; or

(2) The procedures must be amended to pro-vide for the security of aircraft operationsto or from the airport.

(e) Pilot requirements for TSA approval. Except asspecified in paragraph (g) of this section, eachpilot of an aircraft operating to or from any of theMaryland Three Airports must be approved byTSA. To obtain TSA approval, a pilot must:

(1) Present to TSA—

(i) The pilot’s name;

(ii) The pilot’s Social Security Number;

(iii) The pilot’s date of birth;

(iv) The pilot’s address;

(v) The pilot’s phone number;

(vi) The pilot’s current and valid airmancertificate or current student pilotcertificate;

(vii) The pilot’s current medical certifi-cate;

(viii) One form of Government-issuedpicture identification of the pilot;

Supplied by Jeppesen Sanderson

REGULATIONS

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(ix) The pilot’s fingerprints, in a formand manner acceptable to TSA;and

(x) A list containing the make, model,and registration number of eachaircraft that the pilot intends tooperate to or from the airport.

(2) Successfully complete a TSA terroristthreat assessment.

(3) Receive a briefing acceptable to TSA andthe Federal Aviation Administration thatdescribes procedures for operating to andfrom the airport.

(4) Not have been convicted or found notguilty by reason of insanity, in any jurisdic-tion, during the 10 years prior to applyingfor authorization to operate to or from theairport, or while authorized to operate toor from the airport, of any crime specifiedin 49 CFR 1542.209 or 1572.103.

(5) Not, in TSA’s discretion, have a record onfile with the Federal Aviation Administra-tion of a violation of—

(i) A prohibited area designatedunder 14 CFR part 73;

(ii) A flight restriction establishedunder 14 CFR 91.141;

(iii) Special security instructionsissued under 14 CFR 99.7;

(iv) A restricted area designated under14 CFR part 73;

(v) Emergency air traffic rules issuedunder 14 CFR 91.139;

(vi) A temporary flight restriction des-ignated under 14 CFR 91.137,91.138, or 91.145; or

(vii) An area designated under 14 CFR91.143.

(f) Additional pilot requirements. Except as speci-fied in paragraph (g) of this section, each pilot ofan aircraft operating to or from any of the Mary-land Three Airports must:

(1) Protect from unauthorized disclosure anyidentification information issued by TSA orthe Federal Aviation Administration for theconduct of operations to or from the air-port.

(2) Secure the aircraft after returning to theairport from any flight.

(3) Comply with any other requirements foroperating to or from the airport specifiedby TSA or the Federal Aviation Adminis-tration.

(g) Operations to any of the Maryland Three Air-ports. A pilot who is approved by TSA in accor-dance with paragraph (d) of this section mayoperate an aircraft to any of the Maryland ThreeAirports, provided that the pilot—

(1) Files an instrument flight rules or visualflight rules flight plan with Leesburg Auto-mated Flight Service Station;

(2) Obtains an Air Traffic Control clearancewith a discrete transponder code; and

(3) Follows any arrival/departure proceduresrequired by the Federal Aviation Adminis-tration.

(h) U.S. Armed forces, law enforcement, andaeromedical services aircraft. An individual mayoperate a U.S. Armed Forces, law enforcement,or aeromedical services aircraft on an autho-rized mission to or from any of the MarylandThree Airports provided that the individual com-plies with any requirements for operating to orfrom the airport specified by TSA or the FederalAviation Administration.

(i) Continuing responsibilities.

(1) If an airport security coordinator, or apilot who is approved to operate to orfrom any of the Maryland Three Airports,is convicted or found not guilty by rea-son of insanity, in any jurisdiction, of anycrime specified in 49 CFR 1542.209 or1572.103, the airport security coordinatoror pilot must notify TSA within 24 hoursof the conviction or finding of not guilty byreason of insanity. TSA may withdraw itsapproval of the airport security coordina-tor or pilot as a result of the conviction orfinding of not guilty by reason of insanity.

(2) If a pilot who is approved to operate to orfrom any of the Maryland Three Airportscommits any of the violations described inparagraph (e)(5) of this section, the pilotmust notify TSA within 24 hours of the vio-lation. TSA, in its discretion, may withdrawits approval of the pilot as a result of theviolation.

(3) If an airport security coordinator, or a pilotwho is approved to operate to or from anyof the Maryland Three Airports, is deter-mined by TSA to pose a threat to nationalor transportation security, or a threat ofterrorism, TSA may withdraw its approvalof the airport security coordinator or pilot.

(j) Waivers. TSA, in coordination with the Fed-eral Aviation Administration, the United StatesSecret Service, and any other relevant agency,may permit an operation to or from any of theMaryland Three Airports, in deviation from theprovisions of this section, if TSA finds that suchaction—

(1) Is in the public interest; and

(2) Provides the level of security required bythis section.

Supplied by Jeppesen Sanderson

REGULATIONS

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SUBPART B — RONALD REAGAN WASHINGTON NATIONAL AIRPORT: ENHANCEDSECURITY PROCEDURES FOR CERTAIN OPERATIONS

1562.21 SCOPE, GENERALREQUIREMENTS, ANDDEFINITIONS

(a) Scope. This subpart applies to aircraft opera-tions into or out of Ronald Reagan Washing-ton National Airport (DCA), fixed base opera-tors located at DCA or gateway airports; indi-viduals designated as a security coordinator byaircraft operators or fixed base operators; andcrewmembers, passengers, and armed securityofficers on aircraft operations subject to this sub-part.

(b) General requirements. Each person operatingan aircraft into or out of DCA must comply withthis subpart, except:

(1) Military, law enforcement, and medivacaircraft operations;

(2) Federal and State government aircraftoperations operating under an airspacewaiver approved by TSA and the FederalAviation Administration;

(3) All-cargo aircraft operations; and

(4) Passenger aircraft operations conductedunder:

(i) A full security program approved byTSA in accordance with 49 CFR1544.101(a); or

(ii) A foreign air carrier security pro-gram approved by TSA in accor-dance with 49 CFR 1546.101(a) or(b).

(c) Other security programs. Each aircraft opera-tor required to comply with this subpart for anaircraft operation into or out of DCA must alsocomply with any other TSA-approved secu-rity program that covers that operation. If anyrequirements of the DASSP conflict with therequirements of another TSA-approved securityprogram, the aircraft operation must be con-ducted in accordance with the requirements ofthe DASSP.

(d) Definitions. For purposes of this subpart, the fol-lowing definitions apply:

Armed Security Officer Program — means thesecurity program approved by TSA, in coordi-nation with the Federal Air Marshal Service, forsecurity officers authorized to carry a firearmunder §1562.29 of this part.

Crewmember — means a person assigned toperform duty in an aircraft during flight time. Thisdoes not include an armed security officer.

DCA — means Ronald Reagan WashingtonNational Airport.

DASSP — means the aircraft operator securityprogram (DCA Access Standard Security Pro-gram) approved by TSA under this part for air-craft operations into and out of DCA.

FBO — means a fixed base operator that hasbeen approved by TSA under this part to serveas a last point of departure for flights into or outof DCA.

FBO Security Program — means the securityprogram approved by TSA under this part forFBOs to serve flights into or out of DCA.

Flightcrew member — means a pilot, flightengineer, or flight navigator assigned to duty inan aircraft during flight time.

Gateway airport — means an airport that hasbeen approved by TSA under this part as a lastpoint of departure for flights into DCA under thispart.

Passenger — means any person on an aircraftother than a flightcrew member. A “passenger”includes an armed security officer authorized tocarry a firearm in accordance with the rule.

1562.23 AIRCRAFT OPERATORAND PASSENGERREQUIREMENTS

(a) General. To operate into or out of DCA, an air-craft operator must:

(1) Designate a security coordinator respon-sible for implementing the DASSP andother security requirements requiredunder this section, and provide TSA withthe security coordinator’s contact infor-mation and availability in accordance withthe DASSP.

(2) Adopt and carry out the DASSP.

(3) Ensure that each crewmember of an air-craft operating into or out of DCA meetsthe requirements of paragraph (c) of thissection.

(4) Apply for and receive a reservation fromthe Federal Aviation Administration andauthorization from TSA for each flight intoand out of DCA in accordance with para-graph (d) of this section.

(5) Comply with the operating requirements inparagraph (e) of this section for each flightinto and out of DCA.

(6) Pay any costs and fees required under thispart.

(7) Restrict the distribution, disclosure, andavailability of sensitive security informa-tion (SSI), as defined in part 1520 of thischapter, to persons with a need to know,and refer all requests for SSI by other per-sons to TSA.

(8) Comply with any additional security pro-cedures required by TSA through order,Security Directive, or other means.

(b) Security coordinator. Each security coordinatordesignated by an aircraft operator under para-graph (a) of this section:

(1) Must undergo a fingerprint-based crim-inal history records check that does notdisclose that he or she has a disqual-ifying criminal offense as described in§1544.229(d) of this chapter. This stan-dard is met if the security coordinator isin compliance with the fingerprint-basedcriminal history records check require-

Supplied by Jeppesen Sanderson

REGULATIONS 3

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ments of §§1542.209, 1544.229, or1544.230 of this chapter with his or hercurrent employer.

(2) Must submit to TSA his or her:

(i) Legal name, including first, middle,and last; any applicable suffix, andany other names used.

(ii) Current mailing address, includingresidential address if different thancurrent mailing address.

(iii) Date and place of birth.

(iv) Social security number, (submis-sion is voluntary, although recom-mended).

(v) Citizenship status and date of natu-ralization if the individual is a natu-ralized citizen of the United States.

(vi) Alien registration number, if appli-cable.

(3) Must successfully complete a TSA secu-rity threat assessment.

(4) May, if informed that a disqualifyingoffense has been disclosed, correct therecord in accordance with the proce-dures set forth in paragraphs (h) and (i)of §1544.229 of this chapter regardingnotification and correction of records.

(c) Flightcrew member requirements. Eachflightcrew member of an aircraft, as definedin 49 CFR 1540.5, operating into or out of DCA:

(1) Must undergo a fingerprint-based crim-inal history records check that does notdisclose that he or she has a disqual-ifying criminal offense as described in§1544.229(d) of this chapter. This stan-dard is met if the flightcrew member isin compliance with the fingerprint-basedcriminal history records check require-ments of §§1542.209, 1544.229, or1544.230 of this chapter with his or hercurrent employer.

(2) Must not have a record on file with theFederal Aviation Administration of a viola-tion of—

(i) A prohibited area designatedunder 14 CFR part 73;

(ii) A flight restriction establishedunder 14 CFR 91.141;

(iii) Special security instructionsissued under 14 CFR 99.7;

(iv) A restricted area designated under14 CFR part 73;

(v) Emergency air traffic rules issuedunder 14 CFR 91.139;

(vi) A temporary flight restriction des-ignated under 14 CFR 91.137,91.138, or 91.145; or

(vii) An area designated under 14 CFR91.143.

(3) May, if informed that a disqualifyingoffense has been disclosed, correct therecord in accordance with the proce-

dures set forth in paragraphs (h) and (i)of §1544.229 of this chapter regardingnotification and correction of records.

(d) Flight authorization requirements. To receiveauthorization to operate an aircraft into or outof DCA, an aircraft operator must follow theprocedures in this paragraph.

(1) The aircraft operator must apply to theFederal Aviation Administration for a ten-tative reservation, in a form and mannerapproved by the Federal Aviation Admin-istration.

(2) The aircraft operator must submit to TSA,in a form and manner approved by TSA,the following information at least 24 hoursprior to aircraft departure:

(i) For each passenger andcrewmember on the aircraft:

(A) Legal name, including first,middle, and last; any appli-cable suffix, and any othernames used.

(B) Current mailing address,including residential addressif different than current mail-ing address.

(C) Date and place of birth.

(D) Social security number,(submission is voluntary,although recommended).

(E) Citizenship status and dateof naturalization if the individ-ual is a naturalized citizen ofthe United States.

(F) Alien registration number, ifapplicable.

(ii) The registration number of the air-craft.

(iii) The flight plan.

(iv) Any other information required byTSA.

(3) TSA will conduct a name-based securitythreat assessment for each passengerand crewmember. If TSA notifies theaircraft operator that a passenger orcrewmember may pose a security threat,the aircraft operator must ensure thatthe passenger or crewmember doesnot board the aircraft before the aircraftdeparts out of DCA or out of a gatewayairport to DCA.

(4) If TSA approves the flight, TSA will trans-mit such approval to the Federal AviationAdministration for assignment of a finalreservation to operate into or out of DCA.Once the Federal Aviation Administrationassigns the final reservation, TSA willnotify the aircraft operator.

(5) TSA may, at its discretion, cancel any orall flight approvals at any time without priornotice to the aircraft operator.

Supplied by Jeppesen Sanderson

REGULATIONS4

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(6) TSA may, at its discretion, permit a flightinto or out of DCA to deviate from therequirements of this subpart, if TSA findsthat such action would not be detrimentalto transportation security or the safe oper-ation of the aircraft.

(7) TSA may, at its discretion, require anyflight into or out of DCA under this subpartto comply with additional security mea-sures.

(e) Operating requirements. Each aircraft operatormust:

(1) Ensure that each flight into DCA departsfrom a gateway airport and makes nointermediate stops before arrival at DCA.

(2) Ensure that each passenger andcrewmember on an aircraft operatinginto or out of DCA has been screenedin accordance with the DASSP prior toboarding the aircraft.

(3) Ensure that all accessible property andproperty in inaccessible cargo holds onan aircraft operating into or out of DCAhas been screened in accordance with theDASSP prior to boarding the aircraft.

(4) Ensure that each aircraft operating into orout of DCA has been searched in accor-dance with the DASSP.

(5) Ensure that each passenger andcrewmember on an aircraft operatinginto or out of DCA provides TSA with avalid government-issued picture identifi-cation in accordance with the DASSP.

(6) If the aircraft operating into or out of DCAis equipped with a cockpit door, ensurethat the door is closed and locked at alltimes during the operation of the aircraftto or from DCA, unless Federal AviationAdministration regulations require thedoor to remain open.

(7) Ensure that each aircraft operating intoor out of DCA has onboard at least onearmed security officer who meets therequirements of §1562.29 of this chapter.This requirement does not apply if—

(i) There is a Federal Air Marshalonboard; or

(ii) The aircraft is being flown withoutpassengers into DCA to pick uppassengers, or out of DCA afterdeplaning all passengers.

(8) Ensure that an aircraft operating into orout of DCA has any Federal Air Marshalonboard, at no cost to the Federal Gov-ernment, if TSA or the Federal Air MarshalService so requires.

(9) Notify the National Capital Region Coor-dination Center prior to departure of theaircraft from DCA or a gateway airport.

(10) Ensure that each aircraft operating intoor out of DCA operates under instrumentflight rules.

(11) Ensure that each passenger complieswith any security measures mandated byTSA.

(12) Ensure that no prohibited items areonboard the aircraft.

(f) Compliance.

(1) Each aircraft operator must:

(i) Permit TSA to conduct any inspec-tions or tests, including copyingrecords, to determine compliancewith this part and the DASSP.

(ii) At the request of TSA, provide evi-dence of compliance with this partand the DASSP, including copies ofrecords.

(2) Noncompliance with this part or theDASSP may result in the cancellationof an aircraft operator’s flight approvalsand other remedial or enforcement action,as appropriate.

(g) Passenger requirements. Each passenger,including each armed security officer, whoboards or attempts to board an aircraft underthis section must:

(1) Provide information to the aircraft operatoras provided in this section.

(2) Provide to TSA upon request a valid gov-ernment-issued photo identification.

(3) Comply with security measures as con-veyed by the aircraft operator.

(4) Comply with all applicable regulations inthis chapter, including §1540.107 regard-ing submission to screening and inspec-tion, §1540.109 regarding prohibitionagainst interference with screening per-sonnel, and §1540.111 regarding carriageof weapons, explosives, and incendiariesby individuals.

1562.25 FIXED BASE OPERATORREQUIREMENTS

(a) Security program. Each FBO must adopt andcarry out an FBO Security Program.

(b) Screening and other duties. Each FBO must—

(1) Designate a security coordinator whomeets the requirements in §1562.23(b) ofthis part and is responsible for implement-ing the FBO Security Program and othersecurity requirements required under thissection, and provide TSA with the secu-rity coordinator’s contact information andavailability in accordance with the FBOSecurity Program.

(2) Support the screening of persons andproperty in accordance with the require-ments of this subpart and the FBO Secu-rity Program.

(3) Support the search of aircraft in accor-dance with the requirements of this sub-part and the FBO Security Program.

Supplied by Jeppesen Sanderson

REGULATIONS 5

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(4) Restrict the distribution, disclosure, andavailability of sensitive security informa-tion (SSI), as defined in part 1520 of thischapter, to persons with a need to know,and refer all requests for SSI by other per-sons to TSA.

(5) Perform any other duties required underthe FBO Security Program.

(c) Compliance.

(1) Each FBO must:

(i) Permit TSA to conduct any inspec-tions or tests, including copyingrecords, to determine compliancewith this part and the FBO SecurityProgram.

(ii) At the request of TSA, provide evi-dence of compliance with this partand the FBO Security Program,including copies of records.

(2) Noncompliance with this part or the FBOSecurity Program may result in the can-cellation of an aircraft operator’s flightapprovals and other remedial or enforce-ment action, as appropriate.

1562.27 COSTS(a) Each aircraft operator must pay a threat assess-

ment fee of $15 for each passenger andcrewmember whose information the aircraftoperator submits to TSA in accordance with§1562.23(d) of this part.

(b) Each aircraft operator must pay to TSA the costsassociated with carrying out this subpart, as pro-vided in its DASSP.

(c) All fees and reimbursement must be remitted toTSA in a form and manner approved by TSA.

(d) TSA will not issue any refunds, unless any feesor reimbursement funds were paid in error.

(e) If an aircraft operator does not remit to TSA thefees and reimbursement funds required underthis section, TSA may decline to process anyrequests for authorization from the aircraft oper-ator.

1562.29 ARMED SECURITY OFFICERREQUIREMENTS

(a) General. Unless otherwise authorized by TSA,each armed security officer must meet the fol-lowing requirements:

(1) Be qualified to carry a firearm in accor-dance with paragraph (b) of this section.

(2) Successfully complete a TSA securitythreat assessment as described in para-graph (c) of this section.

(3) Meet such other requirements as TSA, incoordination with the Federal Air MarshalService, may establish in the Armed Secu-rity Officer Security Program.

(4) Be authorized by TSA, in coordination withthe Federal Air Marshal Service, under 49U.S.C. 44903(d).

(b) Qualifications. To be qualified to carry a firearmunder this subpart, an individual must meet therequirements in paragraph (1), (2), or (3) of thissection, unless otherwise authorized by TSA, incoordination with the Federal Air Marshal Ser-vice.

(1) Active law enforcement officers. Anactive law enforcement officer must bean employee of a governmental agencywho—

(i) Is authorized by law to engage inor supervise the prevention, detec-tion, investigation, or prosecutionof, or the incarceration of any per-son for, any violation of law;

(ii) Has statutory powers of arrest;

(iii) Is authorized by the agency tocarry a firearm;

(iv) Is not the subject of any disci-plinary action by the agency;

(v) Is not under the influence of alco-hol or another intoxicating or hallu-cinatory drug or substance; and

(vi) Is not prohibited by Federal lawfrom receiving a firearm.

(2) Retired law enforcement officers. A retiredlaw enforcement officer must be an indi-vidual who—

(i) Retired in good standing from ser-vice with a public agency as a lawenforcement officer, other than forreasons of mental instability;

(ii) Before such retirement, was autho-rized by law to engage in or super-vise the prevention, detection,investigation, or prosecution of,or the incarceration of any personfor, any violation of law, and hadstatutory powers of arrest;

(iii) Before such retirement, was reg-ularly employed as a law enforce-ment officer for an aggregate of15 years or more, or retired fromservice with such agency, aftercompleting any applicable proba-tionary period of such service, dueto a service-connected disability,as determined by such agency;

(iv) Has a non-forfeitable right to bene-fits under the retirement plan of theagency;

(v) Is not under the influence of alco-hol or another intoxicating or hallu-cinatory drug or substance; and

(vi) Is not prohibited by Federal lawfrom receiving a firearm.

(3) Other individuals. Any other individualmust—

(i) Meet qualifications established byTSA, in coordination with the Fed-eral Air Marshal Service, in theArmed Security Officer Program;

Supplied by Jeppesen Sanderson

REGULATIONS6

Page 7: Print Preview - D:TEMPe3temp 4064.aptcacheaea04064/tfa04064 · 2 (ix)Thepilot’sfingerprints,inaform and manner acceptable to TSA; and (x) A list containing the make, model, and

(ii) Not be under the influence of alco-hol or another intoxicating or hallu-cinatory drug or substance; and

(iii) Not be prohibited by Federal lawfrom receiving a firearm.

(c) Threat assessments. To be authorized underthis section, each armed security officer:

(1) Must undergo a fingerprint-based criminalhistory records check that does not dis-close that he or she has a criminal offensethat would disqualify him or her from pos-sessing a firearm under 18 U.S.C. 922(g).

(2) May, if informed that a disqualifyingoffense has been disclosed, correct therecord in accordance with the proce-dures set forth in paragraphs (h) and (i)of §1544.229 of this chapter regardingnotification and correction of records.

(3) Must submit to TSA his or her:

(i) Legal name, including first, middle,and last; any applicable suffix, andany other names used.

(ii) Current mailing address, includingresidential address if different thancurrent mailing address.

(iii) Date and place of birth.

(iv) Social security number, (submis-sion is voluntary, although recom-mended).

(v) Citizenship status and date of natu-ralization if the individual is a natu-ralized citizen of the United States.

(vi) Alien registration number, if appli-cable.

(4) Must undergo a threat assessment byTSA prior to receiving authorization underthis section and prior to boarding anaircraft operating into or out of DCA asprovided in §1562.23(d)(1) of this part.

(d) Training. Each armed security officer onboardan aircraft operating into or out of DCA must:

(1) Have basic law enforcement trainingacceptable to TSA; and

(2) Successfully complete a TSA-approvedtraining course, developed in coordinationwith the Federal Air Marshal Service, atthe expense of the armed security officer.

(e) Armed security officer program.

(1) Each armed security officer onboardan aircraft operating into or out of DCAmust—

(i) Comply with the Armed SecurityOfficer Program.

(ii) Restrict the distribution, disclosure,and availability of sensitive secu-rity information (SSI), as defined inpart 1520 of this chapter, to per-sons with a need to know, and referall requests for SSI by other per-sons to TSA.

(2) TSA and the Federal Air Marshal Ser-vice may conduct random inspections ofarmed security officers to ensure com-pliance with the Armed Security OfficerProgram.

(f) Authority to carry firearm. An armed securityofficer approved under this section is autho-rized—

(1) To carry a firearm in accordance with theArmed Security Officer Program on an air-craft operating under a DASSP into or outof DCA; and

(2) To transport a firearm in accordance withthe Armed Security Officer Program atany airport as needed to carry out dutiesunder this subpart, including for travelto and from flights conducted under thissubpart.

(g) Use of force. Each armed security officer autho-rized to carry a firearm under this section mayuse force, including deadly force, in accordancewith the Armed Security Officer Program.

(h) Use of alcohol or intoxicating or hallucinatorydrugs or substances. An armed security officeronboard an aircraft operating into or out of DCAmay not consume alcohol or use an intoxicat-ing or hallucinatory drug or substance during theflight and within 8 hours before boarding the air-craft.

(i) Credential.

(1) TSA credential. An armed security officerunder this section must carry a credentialissued by TSA.

(2) Inspection of credential. An armed secu-rity officer must present the TSA-issuedcredential for inspection when requestedby an authorized representative of TSA,the Federal Aviation Administration, theFederal Air Marshal Service, the NationalTransportation Safety Board, any Federal,State, or local law enforcement officer, orany authorized aircraft operator represen-tative.

(3) Preflight identification to crewmembers.When carrying a firearm, an armed secu-rity officer must identify himself or herselfto all crewmembers either personally orthrough another member of the crewbefore the flight.

(j) Suspension or withdrawal of authorization. Atthe discretion of TSA, authorization under thissubpart and 49 U.S.C. 44903(d) is suspendedor withdrawn upon notification by TSA.

Supplied by Jeppesen Sanderson

REGULATIONS 7