49 CFR Part 1540 — Civil Aviation Security: General Rules

PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 44916-44918, 44925, 44935-44936, 44942, 46105. Source: 67 FR 8353, Feb. 22, 2002, unless otherwise noted. Subpart A—General § 1540.1 Applicability of this subchapter and this part. This subchapter and this part apply to persons engaged in aviation-related activities. § 1540.3 Delegation of authority. (a) Where the Administrator is named in this subchapter as exercising authority over a function, the authority is exercised by the Administrator or the Deputy Administrator, or any individual formally designated to act as the Administrator or the Deputy Administrator. (b) Where TSA or the designated official is named in this subchapter as exercising authority over a function, the authority is exercised by the official designated by the Administrator to perform that function. § 1540.5 Terms used in this subchapter. In addition to the terms in part 1500 of this chapter, the following terms are used in this subchapter: Air operations area (AOA) Aircraft operator Airport operator Airport security program Airport tenant Airport tenant security program Approved, Cargo Certified cargo screening facility (CCSF) Certified cargo screening program (CCSP) Checked baggage Escort Exclusive area Exclusive area agreement FAA Flightcrew member Indirect air carrier (IAC) Loaded firearm Passenger seating configuration Private charter (1) For which the charterer engages the total passenger capacity of the aircraft for the carriage of passengers; the passengers are invited by the charterer; the cost of the flight is borne entirely by the charterer and not directly or indirectly by any individual passenger; and the flight is not advertised to the public, in any way, to solicit passengers. (2) For which the total passenger capacity of the aircraft is used for the purpose of civilian or military air movement conducted under contract with the Government of the United States or the government of a foreign country. Public charter Scheduled passenger operation Screening function Screening location Secured area Security Identification Display Area (SIDA) Standard security program Sterile area Unescorted access authority Unescorted access to cargo [67 FR 8353, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; 71 FR 30507, May 26, 2006; 74 FR 47700, Sept. 16, 2009] § 1540.7 Severability. Any provision of this subchapter held to be invalid or unenforceable as applied to any person or circumstance shall be construed so as to continue to give the maximum effect to the provision permitted by law, including as applied to persons not similarly situated or to dissimilar circumstances, unless such holding is that the provision of this subpart is invalid and unenforceable in all circumstances, in which event the provision shall be severable from the remainder of this subchapter and shall not affect the remainder thereof. [89 FR 35626, May 1, 2024] Subpart B—Responsibilities of Passengers and Other Individuals and Persons § 1540.101 Applicability of this subpart. This subpart applies to individuals and other persons. § 1540.103 Fraud and intentional falsification of records. No person may make, or cause to be made, any of the following: (a) Any fraudulent or intentionally false statement in any application for any security program, access medium, or identification medium, or any amendment thereto, under this subchapter. (b) Any fraudulent or intentionally false entry in any record or report that is kept, made, or used to show compliance with this subchapter, or exercise any privileges under this subchapter. (c) Any reproduction or alteration, for fraudulent purpose, of any report, record, security program, access medium, or identification medium issued under this subchapter. § 1540.105 Security responsibilities of employees and other persons. (a) No person may: (1) Tamper or interfere with, compromise, modify, attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure implemented under this subchapter. (2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas. (3) Use, allow to be used, or cause to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured areas, AOA's, or SIDA's in any other manner than that for which it was issued by the appropriate authority under this subchapter. (b) The provisions of paragraph (a) of this section do not apply to conducting inspections or tests to determine compliance with this part or 49 U.S.C. Subtitle VII authorized by: (1) TSA, or (2) The airport operator, aircraft operator, or foreign air carrier, when acting in accordance with the procedures described in a security program approved by TSA. § 1540.107 Submission to screening and inspection. (a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter. (b) An individual must provide his or her full name, as defined in § 1560.3 of this chapter, date of birth, and sex when— (1) The individual, or a person on the individual's behalf, makes a reservation for a covered flight, as defined in § 1560.3 of this chapter, or (2) The individual makes a request for authorization to enter a sterile area. (c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis. (d) The screening and inspection described in paragraph (a) of this section may include the use of advanced imaging technology. Advanced imaging technology used for the screening of passengers under this section must be equipped with and employ automatic target recognition software and any other requirement TSA deems necessary to address privacy considerations. (1) For purposes of this section, advanced imaging technology- (i) Means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and (ii) May include devices using backscatter x-rays or millimeter waves and devices referred to as whole body imaging technology or body scanning machines. (2) For purposes of this section, automatic target recognition software means software installed on an advanced imaging technology device that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals. [73 FR 64061, Oct. 28, 2008, as amended at 81 FR 11405, Mar. 3, 2016; 90 FR 21690, May 21, 2025] § 1540.109 Prohibition against interference with screening personnel. No person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties under this subchapter. § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals. (a) On an individual's person or accessible property—prohibitions. (1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter; (2) When the individual is entering or in a sterile area; or (3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§ 1544.201, 1546.201, or 1562.23 of this chapter. (b) On an individual's person or accessible property—permitted carriage of a weapon. (1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport. (2) An individual authorized to carry a weapon in accordance with §§ 1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter. (3) An individual authorized to carry a weapon in a sterile area under a security program. (c) In checked baggage. (1) Any loaded firearm(s). (2) Any unloaded firearm(s) unless— (i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded; (ii) The firearm is unloaded; (iii) The firearm is carried in a hard-sided container; and (iv) The container in which it is carried is locked, and only the passenger retains the key or combination. (3) Any unauthorized explosive or incendiary. (d) Ammunition. [67 FR 8353, Feb. 22, 2002, as amended at 67 FR 41639, June 19, 2002; 70 FR 41600, July 19, 2005; 71 FR 30507, May 26, 2006] § 1540.113 Inspection of airman certificate. Each individual who holds an airman certificate, medical certificate, authorization, or license issued by the FAA must present it for inspection upon a request from TSA. § 1540.115 Threat assessments regarding citizens of the United States holding or applying for FAA certificates, ratings, or authorizations. (a) Applicability. (b) Definitions. Administrator Assistant Administrator Date of service (1) The date of personal delivery in the case of personal service; (2) The mailing date shown on the certificate of service; (3) The date shown on the postmark if there is no certificate of service; or (4) Another mailing date shown by other evidence if there is no certificate of service or postmark. Deputy Administrator FAA Administrator Individual (c) Security threat. (1) A threat to transportation or national security; (2) A threat of air piracy or terrorism; (3) A threat to airline or passenger security; or (4) A threat to civil aviation security. (d) Representation by counsel. (e) Initial Notification of Threat Assessment Issuance. (i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and (ii) A statement that the Assistant Administrator has determined that the individual poses a security threat. (2) Request for Materials. (3) TSA response. (4) Reply. (5) TSA final determination. (f) Final Notification of Threat Assessment In general. (2) Review and Issuance of Final Notification. (3) Withdrawal of Initial Notification. (g) Nondisclosure of certain information. [68 FR 3761, Jan. 24, 2003, as amended at 68 FR 49721, Aug. 19, 2003] § 1540.117 Threat assessments regarding aliens holding or applying for FAA certificates, ratings, or authorizations. (a) Applicability. This section applies when TSA has determined that an individual who is not a citizen of the United States and who holds, or is applying for, an airman certificate, rating, or authorization issued by the FAA Administrator, poses a security threat. (b) Definitions. Assistant Administrator Date of service (1) The date of personal delivery in the case of personal service; (2) The mailing date shown on the certificate of service; (3) The date shown on the postmark if there is no certificate of service; or (4) Another mailing date shown by other evidence if there is no certificate of service or postmark. Deputy Administrator FAA Administrator Individual (c) Security threat. (1) A threat to transportation or national security; (2) A threat of air piracy or terrorism; (3) A threat to airline or passenger security; or (4) A threat to civil aviation security. (d) Representation by counsel. (e) Initial Notification of Threat Assessment Issuance. (i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and (ii) A statement that the Assistant Administrator has determined that the individual poses a security threat. (2) Request for materials. (3) TSA response. (4) Reply. (5) TSA final determination. (f) Final Notification of Threat Assessment In general. (2) Issuance of Final Notification. (3) Withdrawal of Initial Notification. (g) Nondisclosure of certain information. [68 FR 3768, Jan. 24, 2003] Subpart C—Security Threat Assessments Source: 74 FR 47700, Sept. 16, 2009, unless otherwise noted. § 1540.201 Applicability and terms used in this subpart. (a) This subpart includes the procedures that certain aircraft operators, foreign air carriers, indirect air carriers, and certified cargo screening facilities must use to have security threat assessments performed on certain individuals pursuant to 49 CFR 1544.228, 1546.213, 1548.7, 1548.15, 1548.16 and 1549.111. This subpart applies to the following: (1) Each aircraft operator operating under a full program or full all-cargo program described in 49 CFR 1544.101(a) or (h). (2) Each foreign air carrier operating under a program described in 49 CFR 1546.101(a), (b), or (e). (3) Each indirect air carrier operating under a security program described in 49 CFR part 1548. (4) Each applicant applying for unescorted access to cargo under one of the programs described in (a)(1) through (a)(3) of this section. (5) Each proprietor, general partner, officer, director, or owner of an indirect air carrier as described in 49 CFR 1548.16. (6) Each certified cargo screening facility described in 49 CFR part 1549. (7) Each individual a certified cargo screening facility authorizes to perform screening or supervise screening. (8) Each individual the certified cargo screening facility authorizes to have unescorted access to cargo at any time from the time it is screened until the time it is tendered to an indirect air carrier under 49 CFR part 1548, an aircraft operator under part 1544, or a foreign air carrier under part 1546. (9) The senior manager or representative of its facility in control of the operations of a certified cargo screening facility under 49 CFR part 1549. (b) For purposes of this subpart— Applicant Operator (c) An applicant poses a security threat under this subpart when TSA determines that he or she is known to pose or is suspected of posing a threat— (1) To national security; (2) To transportation security; or (3) Of terrorism. [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011] § 1540.203 Security threat assessment. (a) Each operator subject to this subpart must ensure that each of the following undergoes a security threat assessment or a comparable security threat assessment described in § 1540.205: (1) Cargo personnel in the United States, as described in § 1544.228. (2) Cargo personnel in the United States, as described in § 1546.213. (3) Individuals with unescorted access to cargo, as described in § 1548.15. (4) Proprietors, general partners, officers, directors, and owners of an indirect air carrier, as described in § 1548.16. (5) Personnel of certified cargo screening facilities, as described in § 1549.111. (b) Each operator must verify the identity and work authorization of each applicant and examine the document(s) presented by the applicant to prove identity and work authorization to determine whether they appear to be genuine and relate to the applicant presenting them. (c) Each operator must submit to TSA a security threat assessment application for each applicant that is dated and signed by the applicant and that includes the following: (1) Legal name, including first, middle, and last; any applicable suffix; and any other names used previously. (2) Current mailing address, including residential address if it differs from the current mailing address; all other residential addresses for the previous five years; and e-mail address if the applicant has an e-mail address. (3) Date and place of birth. (4) Social security number (submission is voluntary, although failure to provide it may delay or prevent completion of the threat assessment). (5) Sex. (6) Country of citizenship. (7) If the applicant is a U.S. citizen born abroad or a naturalized U.S. citizen, their U.S. passport number; or the 10-digit document number from the applicant's Certificate of Birth Abroad, Form DS-1350. (8) If the applicant is not a U.S. citizen, the applicant's Alien Registration Number; a Form I-94 Arrival and Departure record containing an I-94 number; or other document as authorized by TSA and listed on the TSA website as permissible for this purpose. (9) The applicant's daytime telephone number. (10) The applicant's current employer(s), and the address and telephone number of the employer(s). (11) A Privacy Notice as required in the security program and the following statement: The information I have provided on this application is true, complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and willful false statement, or an omission of a material fact, on this application can be punished by fine or imprisonment or both ( see I acknowledge that if I do not successfully complete the security threat assessment, the Transportation Security Administration may notify my employer. If TSA or other law enforcement agency becomes aware that I may pose an imminent threat to an operator or facility, TSA may provide limited information necessary to reduce the risk of injury or damage to the operator or facility. (d) Each operator must retain the following for 180 days following the end of the applicant's service to the operator: (1) The applicant's signed security threat assessment application. (2) Copies of the applicant's document(s) used to verify identity and work authorization. (3) Any notifications or documents sent to or received from TSA relating to the applicant's application and security threat assessment. (4) As applicable, a copy of the applicant's credential evidencing completion of a threat assessment deemed comparable under paragraph (f) of this section. (e) Records under this section may include electronic documents with electronic signature or other means of personal authentication, where accepted by TSA. (f) TSA may determine that a security threat assessment conducted by another governmental agency is comparable to a security threat assessment conducted under this subpart. Individuals who have successfully completed a comparable security threat assessment are not required to undergo the security threat assessments described in this subpart. If TSA makes a comparability determination under this section, TSA will so notify the public. In making a comparability determination, TSA will consider— (i) The minimum standards used for the security threat assessment; (ii) The frequency of the security threat assessment; (iii) The date of the most recent threat assessment; and (iv) Other factors TSA deems appropriate. (g) To apply for a comparability determination, the agency seeking the determination must contact the Assistant Program Manager, Attn: Federal Agency Comparability Check, Hazmat Threat Assessment Program, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6019. (h) TSA has determined that each of the following are comparable to the security threat assessment required in this subpart: (1) A CHRC conducted in accordance with §§ 1542.209, 1544.229, or 1544.230 that includes a name-based check conducted by TSA. (2) A security threat assessment conducted under 49 CFR part 1572 for the Transportation Worker Identification Credential or Hazardous Materials Endorsement programs. (3) A security threat assessment conducted for the Free and Secure Trade (FAST) program administered by U.S. Customs and Border Protection. (i) If asserting completion of a comparable threat assessment listed in paragraph (h) of this section, an individual must— (1) Present the credential that corresponds to successful completion of the comparable assessment to the operator so the operator may retain a copy of it; and (2) Notify the operator when the credential that corresponds to successful completion of the comparable assessment expires or is revoked for any reason. (j) A security threat assessment conducted under this subpart remains valid for five years from the date that TSA issues a Determination of No Security Threat or a Final Determination of Threat Assessment, except— (1) If the applicant is no longer authorized to be in the United States, the security threat assessment and the privileges it conveys expire on the date lawful presence expires; or (2) If the applicant asserts completion of a comparable threat assessment, it expires five years from the date of issuance of the credential that corresponds to the comparable assessment, or the date on which the credential is revoked for any reason. [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011; 89 FR 66289, Aug. 15, 2024; 90 FR 21690, May 21, 2025] § 1540.205 Procedures for security threat assessment. (a) Contents of security threat assessment. (b) Intelligence-related check. (1) Reviews the applicant information required in 49 CFR 1540.203. (2) Searches domestic and international government databases to determine if an applicant meets the requirements of 49 CFR 1540.201(c) or to confirm an applicant's identity. (3) Adjudicates the results in accordance with 49 CFR 1540.201(c). (c) Wants, warrants, deportable aliens. (d) Final disposition. (1) TSA serves a Determination of No Security Threat on the applicant and operator if TSA determines that the applicant meets the security threat assessment standards in 49 CFR 1540.201(c). (2) TSA serves an Initial Determination of Threat Assessment on the applicant, if TSA determines that the applicant does not meet the security threat assessment standards in 49 CFR 1540.201(c). The Initial Determination of Threat Assessment includes— (i) A statement that TSA has determined that the applicant is suspected of posing or poses a security threat; (ii) The basis for the determination; (iii) Information about how the applicant may appeal the determination, as described in 49 CFR 1515.9; and (iv) A statement that if the applicant chooses not to appeal TSA's determination within 60 days of receipt of the Initial Determination, or does not request an extension of time within 60 days of the Initial Determination of Threat Assessment in order to file an appeal, the Initial Determination becomes a Final Determination of Security Threat Assessment. (3) TSA serves an Initial Determination of Threat Assessment and Immediate Revocation on the applicant and the applicant's operator or other operator as approved by TSA, where appropriate, if TSA determines that the applicant does not meet the security threat assessment standards in 49 CFR 1540.201(c) and may pose an imminent threat to transportation or national security, or of terrorism. The Initial Determination of Threat Assessment and Immediate Revocation includes— (i) A statement that TSA has determined that the applicant is suspected of posing or poses an imminent security threat; (ii) The basis for the determination; (iii) Information about how the applicant may appeal the determination, as described in 49 CFR 1515.5(h) or 1515.9(h), as applicable; and (iv) A statement that if the applicant chooses not to appeal TSA's determination within 60 days of receipt of the Initial Determination, or does not request an extension of time within 60 days of the Initial Determination of Threat Assessment in order to file an appeal, the Initial Determination becomes a Final Determination of Security Threat Assessment. (4) If the applicant does not appeal the Initial Determination of Threat Assessment or Initial Determination of Threat Assessment and Immediate Revocation, or if TSA does not grant the appeal, TSA serves a Final Determination of Threat Assessment on the individual and the applicant. (5) If the applicant appeals an Initial Determination of Threat Assessment, the procedures in 49 CFR 1515.5 or 1515.9 apply. § 1540.207 [Reserved] § 1540.209 Fees for security threat assessment. This section describes the payment process for completion of the security threat assessments required under this subpart. (a) Fees for security threat assessment. (2) TSA will publish fee amounts and any revisions to the fee amounts as a notice in the Federal Register. (b) [Reserved] (c) Remittance of fees. (2) Fees remitted to TSA under this subpart must be payable to the “Transportation Security Administration” in U.S. currency and drawn on a U.S. bank. (3) TSA will not issue any fee refunds, unless a fee was paid in error. [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011] Subpart D—Responsibilities of Holders of TSA-Approved Security Programs Source: 74 FR 47703, Sept. 16, 2009, unless otherwise noted. § 1540.301 Withdrawal of approval of a security program. (a) Applicability. (b) Withdrawal of security program approval. (1) Notice of proposed withdrawal of approval. (2) Security program holder's reply. (3) TSA review. (4) Petition for reconsideration. (5) Assistant Secretary's review. (6) Emergency withdrawal. (c) Service of documents for withdrawal of approval of security program proceedings. (1) Certificate of service. (2) Date of service. (i) The date of personal delivery; (ii) If served by certified mail, the mailing date shown on the certificate of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by other evidence if there is no certificate of service or postmark; or (iii) If served by express courier, the service date shown on the certificate of service, or by other evidence if there is no certificate of service. (d) Extension of time. § 1540.303 [Reserved]

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