49 CFR Part 1549 — Certified Cargo Screening Program

PART 1549—CERTIFIED CARGO SCREENING PROGRAM Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914, 44916-44917, 44932, 44935-44936, 46105. Source: 74 FR 47706, Sept. 16, 2009, unless otherwise noted. Subpart A—General § 1549.1 Applicability. This part applies to each facility applying for or certified by TSA as a certified cargo screening facility to screen cargo that will be transported on a passenger aircraft operated under a full program under 49 CFR 1544.101(a), or a foreign air carrier operating under a program under 49 CFR 1546.101(a) or (b). § 1549.3 § 1549.3 [Reserved] § 1549.5 Adoption and implementation of the security program. (a) Security program required. (b) Content. (1) Provide for the security of the aircraft, as well as that of persons and property traveling in air transportation against acts of criminal violence and air piracy and against the introduction into the aircraft of any unauthorized explosive, incendiary, and other destructive substance or item as provided in the certified cargo screening facility's security program; (2) Be designed to prevent or deter the introduction of any unauthorized explosive, incendiary, and other destructive substance or item onto an aircraft; and (3) Include the procedures and description of the facilities and equipment used to comply with the requirements of this part. (c) Employees and agents. (d) Facility's security program. (e) Availability. (1) Maintain an original of the security program at its corporate office. (2) Have accessible a complete copy, or the pertinent portions of its security program, or appropriate implementing instructions, at its facility. An electronic version is adequate. (3) Make a copy of the security program available for inspection upon the request of TSA. (4) Restrict the distribution, disclosure, and availability of information contained in its security program to persons with a need to know, as described in part 1520 of this chapter. (5) Refer requests for such information by other persons to TSA. § 1549.7 Approval, amendment, renewal of the security program and certification of a certified cargo screening facility. (a) Initial application and approval. Application. (i) The business name; other names, including doing business as; state of incorporation, if applicable; and tax identification number. (ii) The name of the senior manager or representative of the applicant in control of the operations at the facility. (iii) A signed statement from each person listed in paragraph (a)(1)(ii) of this section stating whether he or she has been a senior manager or representative of a facility that had its security program withdrawn by TSA. (iv) Copies of government-issued identification of persons listed in paragraph (a)(1)(ii) of this section. (v) The street address of the facility where screening will be conducted. (vi) A statement acknowledging and ensuring that each individual and agent of the applicant, who is subject to training under § 1549.11, will have successfully completed the training outlined in its security program before performing security-related duties. (vii) Other information requested by TSA concerning Security Threat Assessments. (viii) A statement acknowledging and ensuring that each individual will successfully complete a Security Threat Assessment under § 1549.111 before the applicant authorizes the individual to have unescorted access to screened cargo or to screen or supervise the screening of cargo. (2) Standard security program and assessment. (ii) An applicant must successfully undergo an assessment by TSA. (3) Review. (i) The applicant has met the requirements of this part, its security program, and any applicable Security Directive; (ii) The applicant has successfully undergone an assessment by TSA; (iii) The applicant is able and willing to carry out the requirements of this part, its security program, and an applicable Security Directive; (iv) The approval of such applicant's security program is not contrary to the interests of security and the public interest; (v) The applicant has not held a security program that was withdrawn within the previous year, unless otherwise authorized by TSA; and (vi) TSA determines that the applicant is qualified to be a certified cargo screening facility. (4) Approval and certification. (5) Commencement of operations. (6) Duration of security program. (7) Requirement to report changes in information. (i) The CCSF must submit this notification to TSA not later than 30 days prior to the date the change is expected to occur. (ii) Changes included in the requirement of this paragraph include, but are not limited to, changes in the certified cargo screening facility's contact information, senior manager or representative, business addresses and locations, and form of business facility. (iii) If the certified cargo screening facility relocates, TSA will withdraw the existing certification and require the new facility to undergo a validation and certification process. (b) Renewal Application. (1) Unless otherwise authorized by TSA, each certified cargo screening facility must timely submit to TSA, at least 30 calendar days prior to the first day of the 36th anniversary month of initial approval of its security program, an application for renewal of its security program in a form and a manner approved by TSA. (2) The certified cargo screening facility must demonstrate that it has successfully undergone a revalidation of its operations by TSA prior to the first day of the 36th anniversary month of initial approval of its security program. (3) The application for renewal must be in writing and include a signed statement that the certified cargo screening facility has reviewed and ensures the continuing accuracy of the contents of its initial application for a security program, subsequent renewal applications, or other submissions to TSA confirming a change of information and noting the date such applications and submissions were sent to TSA, including the following certification: [Name of certified cargo screening facility] (hereinafter “the CCSF”) has adopted and is currently carrying out a security program in accordance with the Transportation Security Regulations as originally approved on [Insert date of TSA initial approval]. In accordance with TSA regulations, the CCSF has notified TSA of any new or changed information required for the CCSF's initial security program. If new or changed information is being submitted to TSA as part of this application for reapproval, that information is stated in this filing. The CCSF understands that intentional falsification of certification to an aircraft operator, foreign air carrier, indirect air carrier, or to TSA may be subject to both civil and criminal penalties under 49 CFR part 1540 and 18 U.S.C. 1001. Failure to notify TSA of any new or changed information required for initial approval of the CCSF's security program in a timely fashion and in a form acceptable to TSA may result in withdrawal by TSA of approval of the CCSF's security program. (4) TSA will renew approval of the security program if TSA determines that— (i) The CCSF has met the requirements of this chapter, its security program, and any Security Directive; and (ii) The renewal of its security program is not contrary to the interests of security and the public interest. (5) If TSA determines that the certified cargo screening facility meets the requirements of paragraph (b)(3) of this section, it will renew the certified cargo screening facility's security program and certification. The security program and certification will remain effective until the end of the calendar month three years after the month it was renewed. (c) Amendment requested by a certified cargo screening entity or applicant. (1) Within 30 calendar days after receiving a proposed amendment, the designated official, in writing, either approves or denies the request to amend. (2) TSA may approve an amendment to a certified cargo screening facility's security program, if the TSA designated official determines that safety and the public interest will allow it, and if the proposed amendment provides the level of security required under this part. (3) Within 30 calendar days after receiving a denial of the proposed amendment, the certified cargo screening facility may petition TSA to reconsider the denial. The CCSF must file the Petition for Reconsideration with the designated official. (4) Upon receipt of a Petition for Reconsideration, the designated official either approves the request to amend or transmits the petition, together with any pertinent information, to TSA for reconsideration. TSA will dispose of the petition within 30 calendar days of receipt by either directing the designated official to approve the amendment or by affirming the denial. (d) Amendment by TSA. (1) TSA notifies the certified cargo screening facility, in writing, of the proposed amendment, fixing a period of not less than 30 calendar days within which the certified cargo screening facility may submit written information, views, and arguments on the amendment. (2) After considering all relevant material, the designated official notifies the certified cargo screening facility of any amendment adopted or rescinds the notice of amendment. If the amendment is adopted, it becomes effective not less than 30 calendar days after the certified cargo screening facility receives the notice of amendment, unless the certified cargo screening facility disagrees with the proposed amendment and petitions the TSA to reconsider, no later than 15 calendar days before the effective date of the amendment. The certified cargo screening facility must send the petition for reconsideration to the designated official. A timely Petition for Reconsideration stays the effective date of the amendment. (3) Upon receipt of a Petition for Reconsideration, the designated official either amends or withdraws the notice of amendment, or transmits the Petition, together with any pertinent information, to TSA for reconsideration. TSA disposes of the Petition within 30 calendar days of receipt, either by directing the designated official to withdraw or amend the notice of amendment, or by affirming the notice of amendment. (e) Emergency amendments. (2) The emergency amendment is effective without stay on the date the certified cargo screening facility receives notification. TSA will incorporate in the notification a brief statement of the reasons and findings for the emergency amendment to be adopted. (3) The certified cargo screening facility may file a Petition for Reconsideration with the TSA no later than 15 calendar days after TSA issued the emergency amendment. The certified cargo screening facility must send the Petition for Reconsideration to the designated official; however, the filing does not stay the effective date of the emergency amendment. [74 FR 47706, Sept. 16, 2009, as amended at 76 FR 51868, Aug. 18, 2011] Subpart B—Operations § 1549.101 Acceptance, screening, and transfer of cargo. (a) Preventing or deterring the carriage of any explosive or incendiary. (b) Screening and inspection of cargo. (c) Refusal to transport. (d) Chain of custody. § 1549.103 Qualifications and training of individuals with security-related duties. (a) Security threat assessments. (b) Training required. (c) Knowledge and training requirements. (1) Applicable provisions of this chapter, including this part, part 1520, and § 1540.105; (2) The certified cargo screening facility's security program, to the extent that such individuals need to know in order to perform their duties; (3) Applicable Security Directives and Information Circulars; and (4) The applicable portions of approved airport security program(s) and aircraft operator security program(s). (d) Screener qualifications. (1) Is a citizen or national of the United States, or an alien lawfully admitted for permanent residence; (2) Has a high school diploma, a General Equivalency Diploma, or a combination of education and experience that the certified cargo screening facility has determined to have equipped the person to perform the duties of the position; (3) Has basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the extent required to effectively operate cargo screening technologies that the facility is authorized to use. These include: (i) The ability to operate x-ray equipment and to distinguish on the x-ray monitor the appropriate imaging standard specified in the certified cargo screening facility security program. Wherever the x-ray system displays colors, the operator must be able to perceive each color. (ii) The ability to distinguish each color displayed on every type of screening equipment and explain what each color signifies. (iii) The ability to hear and respond to the spoken voice and to audible alarms generated by screening equipment. (4) Has the ability to read, write and understand English well enough to carry out written and oral instructions regarding the proper performance of screening duties or be under the direct supervision of someone who has this ability, including reading labels and shipping papers, and writing log entries into security records in English. § 1549.105 Recordkeeping. (a) Each certified cargo screening facility must maintain records demonstrating compliance with all statutes, regulations, directives, orders, and security programs that apply to operation as a certified cargo screening facility, including the records listed below, at the facility location or other location as approved by TSA: (1) Records of all training and instructions given to each individual under § 1549.103. The CCSF must retain these records for 180 days after the individual is no longer employed by the certified cargo screening facility or is no longer acting as the facility's agent. (2) Copies of all documents related to applications for, or renewals of, TSA certification to operate under part 1549. (3) Documents establishing TSA's certification and renewal of certification as required by part 1549. (4) Records demonstrating that each individual has complied with the security threat assessment provisions of § 1549.111. (b) Unless otherwise stated, records must be retained until the next re-certification. [74 FR 47706, Sept. 16, 2009, as amended at 76 FR 51868, Aug. 18, 2011] § 1549.107 Security coordinators. Each certified cargo screening facility must have a Security Coordinator and designated alternate Security Coordinator appointed at the corporate level. In addition, each certified cargo screening facility must have a facility Security Coordinator and alternate facility Security Coordinator appointed at the facility level. The facility Security Coordinator must serve as the certified cargo screening facility's primary contact for security-related activities and communications with TSA, as set forth in the security program. The Security Coordinator and alternate appointed at the corporate level, as well as the facility Security Coordinator and alternate, must be available on a 24-hour, 7-days a week basis. § 1549.109 Security Directives and Information Circulars. (a) TSA may issue an Information Circular to notify certified cargo screening facilities of security concerns. (b) When TSA determines that additional security measures are necessary to respond to a threat assessment, or to a specific threat against civil aviation, TSA issues a Security Directive setting forth mandatory measures. (1) Each certified cargo screening facility must comply with each Security Directive that TSA issues to it, within the time prescribed in the Security Directive for compliance. (2) Each certified cargo screening facility that receives a Security Directive must comply with the following: (i) Within the time prescribed in the Security Directive, acknowledge in writing receipt of the Security Directive to TSA. (ii) Within the time prescribed in the Security Directive, specify the method by which the measures in the Security Directive have been implemented (or will be implemented, if the Security Directive is not yet effective). (3) In the event that the certified cargo screening facility is unable to implement the measures in the Security Directive, the certified cargo screening facility must submit proposed alternative measures and the basis for submitting the alternative measures to TSA for approval. (i) The certified cargo screening facility must submit the proposed alternative measures within the time prescribed in the Security Directive. (ii) The certified cargo screening facility must implement any alternative measures approved by TSA. (4) Each certified cargo screening facility that receives a Security Directive may comment on it by submitting data, views, or arguments in writing to TSA. (i) TSA may amend the Security Directive based on comments received. (ii) Submission of a comment does not delay the effective date of the Security Directive. (5) Each certified cargo screening facility that receives a Security Directive or Information Circular, and each person who receives information from a Security Directive or Information Circular, must— (i) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with a need-to-know; and (ii) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with a need-to-know without the prior written consent of TSA. § 1549.111 Security threat assessments for personnel of certified cargo screening facilities. (a) Scope. (1) Each individual the certified cargo screening facility authorizes to perform cargo screening or supervise cargo screening. (2) 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 another certified cargo screening facility, an indirect air carrier under 49 CFR part 1548 for transport on a passenger aircraft, an aircraft operator under part 1544, or a foreign air carrier under part 1546. (3) The senior manager or representative of its facility in control of the operations. (4) The security coordinators and their alternates. (b) Security threat assessment. (1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540, subpart C of this chapter; and (2) Each certified screening facility must complete the requirements in 49 CFR part 1540, subpart C.

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