49 CFR Part 1560 — Secure Flight Program

PART 1560—SECURE FLIGHT PROGRAM Authority: 49 U.S.C. 114, 40113, 44901, 44902, 44903. Source: 73 FR 64061, Oct. 28, 2008, unless otherwise noted. Subpart A—General § 1560.1 Scope, purpose, and implementation. (a) Scope. (1) Aircraft operators required to adopt a full program under 49 CFR 1544.101(a). (2) Foreign air carriers required to adopt a security program under 49 CFR 1546.101(a) or (b). (3) Airport operators that seek to authorize individuals to enter a sterile area for purposes approved by TSA. (4) Individuals who seek redress in accordance with subpart C of this part. (b) Purpose. (c) Implementation. § 1560.3 Terms used in this part. In addition to the terms in §§ 1500.3 and 1540.5 of this chapter, the following terms apply to this part: Aircraft Operator Implementation Plan AOIP Airport code Consolidated User Guide Covered aircraft operator Covered airport operator Covered flight Covered flight Covered flight Date of birth Department of Homeland Security Traveler Redress Inquiry Program DHS TRIP (1) Denied or delayed boarding transportation due to DHS screening programs; (2) Denied or delayed entry into or departure from the United States at a port of entry; or (3) Identified for additional (secondary) screening at U.S. transportation facilities, including airports, and seaports. Full name Inhibited status Itinerary information (1) Departure airport code. (2) Aircraft operator. (3) Scheduled departure date. (4) Scheduled departure time. (5) Scheduled arrival date. (6) Scheduled arrival time. (7) Arrival airport code. (8) Flight number. (9) Operating carrier (if available). Known Traveler Number Non-traveling individual non-traveler non-traveling individual non-traveler Overflying the continental United States Overflying the continental United States (1) Flights that transit the airspace of the continental United States between two airports or locations in the same country, where that country is Canada or Mexico; or (2) Any other category of flights that the Assistant Secretary of Homeland Security (Transportation Security Administration) designates in a notice in the Federal Register. Passenger passenger (1) A crew member who is listed as a crew member on the flight manifest; or (2) An individual with flight deck privileges under 49 CFR 1544.237 traveling on the flight deck. Passenger Resolution Information PRI Passenger Resolution Information (1) Covered aircraft operator's agent identification number or agent sine. (2) Type of Verifying Identity Document presented by the passenger. (3) The identification number on the Verifying Identity Document. (4) Issue date of the Verifying Identity Document. (5) Name of the governmental authority that issued the Verifying Identity Document. (6) Physical attributes of the passenger such as height, eye color, or scars, if requested by TSA. Passport information (1) Passport number. (2) Country of issuance. (3) Expiration date. (4) Sex. (5) Full name. Redress Number Secure Flight Passenger Data SFPD SFPD (1) Full name. (2) Date of birth. (3) Sex. (4) Redress number or Known Traveler Number (once implemented). (5) Passport information. (6) Reservation control number. (7) Record sequence number. (8) Record type. (9) Passenger update indicator. (10) Traveler reference number. (11) Itinerary information. Self-service kiosk Sterile area Terrorist Screening Center TSC Verifying Identity Document (1) An unexpired passport issued by a foreign government. (2) An unexpired document issued by a U.S. Federal, State, or tribal government that includes the following information for the individual: (i) Full name. (ii) Date of birth. (iii) Photograph. (3) Such other documents that TSA may designate as valid verifying identity documents. Watch list Subpart B—Collection and Transmission of Secure Flight Passenger Data for Watch List Matching § 1560.101 Request for and transmission of information to TSA. (a) Request for information. (i) Except as provided in paragraph (a)(1)(ii) of this section, each covered aircraft operator must begin requesting the information described in paragraph (a)(1) of this section in accordance with its AOIP as approved by TSA. (ii) An aircraft operator that becomes a covered aircraft operator after the effective date of this part must begin requesting the information on the date it becomes a covered aircraft operator. (2) Beginning on a date no later than 30 days after being notified in writing by TSA, each covered aircraft operator must additionally request the Known Traveler Number for passengers on a covered flight and non-traveling individuals seeking access to an airport sterile area. The covered aircraft operator must include the Known Traveler Number provided by the passenger in response to this request in the SFPD. (3) Each covered aircraft operator may not submit SFPD for any passenger on a covered flight who does not provide a full name, date of birth and sex. Each covered aircraft operator may not accept a request for authorization to enter a sterile area from a non-traveling individual who does not provide a full name, date of birth and sex. (4) Each covered aircraft operator must ensure that each third party that accepts a reservation, or accepts a request for authorization to enter a sterile area, on the covered aircraft operator's behalf complies with the requirements of this section. (5) If the covered aircraft operator also has an operation of an aircraft that is subject to 49 CFR 1544.101(b) through (i), the covered aircraft operator may submit SFPD for passengers on these operations for watch list matching under this part, provided that the covered aircraft operator— (i) Collects and transmits the SFPD for the passengers in accordance with this section; (ii) Provides the privacy notice to the passengers in accordance with 49 CFR 1560.103; and (iii) Complies with the requirements of 49 CFR 1560.105 and 1560.107. (b) Transmission of Secure Flight Passenger Data to TSA. (1) To the extent available, each covered aircraft operator must electronically transmit SFPD to TSA for each passenger on a covered flight. (2) Each covered aircraft operator must transmit SFPD to TSA prior to the scheduled flight departure time, in accordance with its AOIP as approved by TSA. (c) Transmission of non-traveler information to TSA. (d) Retransmission of information. [73 FR 64061, Oct. 28, 2008, as amended at 90 FR 21690, May 21, 2025] § 1560.103 Privacy notice. (a) Electronic collection of information Current electronic collection of information. (2) Other electronic collection of information. (3) Third party Web site. (b) Privacy notice. The Transportation Security Administration of the U.S. Department of Homeland Security requires us to collect information from you for purposes of watch list screening, under the authority of 49 U.S.C. section 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA Privacy policies, or to view the system of records notice and the privacy impact assessment, please see TSA's Web site at www.tsa.gov. § 1560.105 Denial of transport or sterile area access; designation for enhanced screening. (a) Applicability. (2) Prior to the date that TSA assumes the watch list matching function from a covered aircraft operator, the covered aircraft operator must comply with existing watch list matching procedures for passengers and non-traveling individuals, including denial of transport or sterile area access or designation for enhanced screening for individuals identified by the covered aircraft operator or TSA. (b) Watch list matching results. (1) Denial of boarding pass. (2) Selection for enhanced screening. (3) Cleared for boarding or entry into a sterile area. (4) Override by a covered aircraft operator. (5) Updated SFPD from covered aircraft operator. (6) Updated boarding pass printing results from TSA. (7) Boarding pass issuance for covered flights to or overflying the United States. (i) Before allowing the individual to board the aircraft for a covered flight, the covered aircraft operator confirms that it has received a boarding pass printing result from DHS for individuals who are issued boarding passes under paragraph (b)(7) of this section; (ii) Before allowing the individual to board an aircraft for a covered flight, the covered aircraft operator applies the measures in its security program to prevent an individual for whom DHS has returned an inhibited status boarding pass printing result under paragraph (b)(1) of this section from boarding the aircraft; and (iii) The covered aircraft operator applies the measures in its security program, as provided in 49 CFR part 1544, subpart B or 49 CFR part 1546, subpart B, to ensure that an individual for whom DHS returns a Selectee result under paragraph (b)(2) of this section undergoes enhanced screening pursuant to the covered aircraft operator's security program prior to that individual boarding the aircraft. (c) Request for identification In general. (2) Transmission of Updated Secure Flight Passenger Data. (3) Provision of Passenger Resolution Information. (4) Exception for minors. (d) Failure to obtain identification. § 1560.107 Use of watch list matching results by covered aircraft operators. A covered aircraft operator must not use any watch list matching results provided by TSA for purposes other than those provided in § 1560.105 and other security purposes. § 1560.109 Aircraft Operator Implementation Plan. (a) Content of the Aircraft Operator Implementation Plan (AOIP). (1) The covered aircraft operator's test plan with TSA. (2) When the covered operator will begin to collect and transmit to TSA each data element of the SFPD for each covered flight. (3) The specific means by which the covered aircraft operator will request and transmit information under § 1560.101, the timing and frequency of transmission, and any other related matters, in accordance with the Consolidated User Guide. (b) Adoption of Aircraft Operator Implementation Plan (AOIP). (1) TSA notifies each covered aircraft operator in writing of a proposed AOIP, fixing a period of not less than 30 days within which the covered aircraft operator may submit written information, views, and arguments on the proposed AOIP. (2) After considering all relevant material, TSA's designated official notifies each covered aircraft operator of its AOIP. The AOIP becomes effective not less than 30 days after the covered aircraft operator receives the notice of its AOIP, unless the covered aircraft operator petitions the Assistant Secretary or designated official to reconsider no later than 15 days before the effective date of the AOIP. The covered aircraft operator must send the petition for reconsideration to the designated official. A timely petition for reconsideration stays the effective date of the AOIP. (3) Upon receipt of a petition for reconsideration, the designated official either amends the AOIP or transmits the petition, together with any pertinent information, to the Assistant Secretary or designee for reconsideration. The Assistant Secretary or designee disposes of the petition within 30 days of receipt by either directing the designated official to withdraw or amend the AOIP, or by affirming the AOIP. (4) TSA may, at its discretion, grant extensions to any schedule deadlines, on its own initiative or upon the request of a covered aircraft operator. (c) Incorporation into Security Program. (d) Handling of Aircraft Operator Implementation Plan (AOIP). § 1560.111 Covered airport operators. (a) Applicability. (b) Requirements. Subpart C—Passenger Redress § 1560.201 Applicability. This subpart applies to individuals who believe they have been improperly or unfairly delayed or prohibited from boarding an aircraft or entering a sterile area as a result of the Secure Flight program. § 1560.203 Representation by counsel. A person may be represented by counsel at his or her own expense during the redress process. § 1560.205 Redress process. (a) If an individual believes he or she has been improperly or unfairly delayed or prohibited from boarding an aircraft or entering a sterile area as a result of the Secure Flight program, the individual may seek assistance through the redress process established under this section. (b) An individual may obtain the forms and information necessary to initiate the redress process on the DHS TRIP Web site at http://www.dhs.gov/trip (c) The individual must send to the DHS TRIP office the personal information and copies of the specified identification documents. If TSA needs additional information in order to continue the redress process, TSA will so notify the individual in writing and request that additional information. The DHS TRIP Office will assign the passenger a unique identifier, which TSA will recognize as the Redress Number, and the passenger may use that Redress Number in future correspondence with TSA and when making future travel reservations. (d) TSA, in coordination with the TSC and other appropriate Federal law enforcement or intelligence agencies, if necessary, will review all the documentation and information requested from the individual, correct any erroneous information, and provide the individual with a timely written response. § 1560.207 Oversight of process. The redress process and its implementation are subject to review by the TSA and DHS Privacy Offices and the TSA and DHS Offices for Civil Rights and Civil Liberties.

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