49 CFR 1544.219 Carriage of accessible weapons

Transportation Security Administration, DHS

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equipment and film packages without
exposure to an explosives detection
system.
(2) If the explosives detection system
exposes any checked baggage to more
than one milliroentgen during the inspection the aircraft operator must
post a sign which advises individuals to
remove film of all kinds from their articles before inspection. If requested by
individuals, their photographic equipment and film packages must be inspected without exposure to an explosives detection system.
§ 1544.215 Security coordinators.
(a) Aircraft Operator Security Coordinator. Each aircraft operator must designate and use an Aircraft Operator Security Coordinator (AOSC). The AOSC
and any alternates must be appointed
at the corporate level and must serve
as the aircraft operator’s primary contact for security-related activities and
communications with TSA, as set forth
in the security program. Either the
AOSC, or an alternate AOSC, must be
available on a 24-hour basis.
(b) Ground Security Coordinator. Each
aircraft operator must designate and
use a Ground Security Coordinator for
each domestic and international flight
departure to carry out the Ground Security Coordinator duties specified in
the aircraft operator’s security program. The Ground Security Coordinator at each airport must conduct the
following daily:
(1) A review of all security-related
functions for which the aircraft operator is responsible, for effectiveness
and compliance with this part, the aircraft operator’s security program, and
applicable Security Directives.
(2) Immediate initiation of corrective
action for each instance of noncompliance with this part, the aircraft operator’s security program, and applicable
Security Directives. At foreign airports
where such security measures are provided by an agency or contractor of a
host government, the aircraft operator
must notify TSA for assistance in resolving noncompliance issues.
(c) In-flight Security Coordinator. Each
aircraft operator must designate and
use the pilot in command as the Inflight Security Coordinator for each
domestic and international flight to

§ 1544.219

perform duties specified in the aircraft
operator’s security program.
§ 1544.217 Law enforcement personnel.
(a) The following applies to operations at airports within the United
States that are not required to hold a
security program under part 1542 of
this chapter.
(1) For operations described in
§ 1544.101(a) each aircraft operator must
provide for law enforcement personnel
meeting the qualifications and standards specified in §§ 1542.215 and 1542.217
of this chapter.
(2) For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(i) Arrange for law enforcement personnel meeting the qualifications and
standards specified in § 1542.217 of this
chapter to be available to respond to
an incident; and
(ii) Provide its employees, including
crewmembers, current information regarding procedures for obtaining law
enforcement assistance at that airport.
(b) The following applies to operations at airports required to hold security programs under part 1542 of this
chapter. For operations under a partial
program under § 1544.101(b) and (c), a
twelve-five program under § 1544.101(d)
and (e), a private charter program
under § 1544.101(f), or a full all-cargo
program under § 1544.101(h) and (i), each
aircraft operator must—
(1) Arrange with TSA and the airport
operator, as appropriate, for law enforcement personnel meeting the qualifications and standards specified in
§ 1542.217 of this chapter to be available
to respond to incidents, and
(2) Provide its employees, including
crewmembers, current information regarding procedures for obtaining law
enforcement assistance at that airport.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30510, May 26, 2006]

§ 1544.219 Carriage of accessible weapons.
(a) Flights for which screening is conducted. The provisions of § 1544.201(d),
with respect to accessible weapons, do

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erowe on DSK5CLS3C1PROD with CFR

§ 1544.219

49 CFR Ch. XII (10–1–10 Edition)

not apply to a law enforcement officer
(LEO) aboard a flight for which screening is required if the requirements of
this section are met. Paragraph (a) of
this section does not apply to a Federal
Air Marshal on duty status under
§ 1544.223.
(1) Unless otherwise authorized by
TSA, the armed LEO must meet the
following requirements:
(i) Be a Federal law enforcement officer or a full-time municipal, county, or
state law enforcement officer who is a
direct employee of a government agency.
(ii) Be sworn and commissioned to
enforce criminal statutes or immigration statutes.
(iii) Be authorized by the employing
agency to have the weapon in connection with assigned duties.
(iv) Has completed the training program ‘‘Law Enforcement Officers Flying Armed.’’
(2) In addition to the requirements of
paragraph (a)(1) of this section, the
armed LEO must have a need to have
the weapon accessible from the time he
or she would otherwise check the weapon until the time it would be claimed
after deplaning. The need to have the
weapon accessible must be determined
by the employing agency, department,
or service and be based on one of the
following:
(i) The provision of protective duty,
for instance, assigned to a principal or
advance team, or on travel required to
be prepared to engage in a protective
function.
(ii) The conduct of a hazardous surveillance operation.
(iii) On official travel required to report to another location, armed and
prepared for duty.
(iv) Employed as a Federal LEO,
whether or not on official travel, and
armed in accordance with an agencywide policy governing that type of
travel established by the employing
agency by directive or policy statement.
(v) Control of a prisoner, in accordance with § 1544.221, or an armed LEO
on a round trip ticket returning from
escorting, or traveling to pick up, a
prisoner.
(vi) TSA Federal Air Marshal on duty
status.

(3) The armed LEO must comply with
the following notification requirements:
(i) All armed LEOs must notify the
aircraft operator of the flight(s) on
which he or she needs to have the
weapon accessible at least 1 hour, or in
an emergency as soon as practicable,
before departure.
(ii) Identify himself or herself to the
aircraft operator by presenting credentials that include a clear full-face picture, the signature of the armed LEO,
and the signature of the authorizing official of the agency, service, or department or the official seal of the agency,
service, or department. A badge, shield,
or similar device may not be used, or
accepted, as the sole means of identification.
(iii) If the armed LEO is a State,
county, or municipal law enforcement
officer, he or she must present an original letter of authority, signed by an
authorizing official from his or her employing agency, service or department,
confirming the need to travel armed
and detailing the itinerary of the travel while armed.
(iv) If the armed LEO is an escort for
a foreign official then this paragraph
(a)(3) may be satisfied by a State Department notification.
(4) The aircraft operator must do the
following:
(i) Obtain information or documentation required in paragraphs (a)(3)(ii),
(iii), and (iv) of this section.
(ii) Advise the armed LEO, before
boarding, of the aircraft operator’s procedures for carrying out this section.
(iii) Have the LEO confirm he/she has
completed the training program ‘‘Law
Enforcement Officers Flying Armed’’
as required by TSA, unless otherwise
authorized by TSA.
(iv) Ensure that the identity of the
armed LEO is known to the appropriate personnel who are responsible
for security during the boarding of the
aircraft.
(v) Notify the pilot in command and
other appropriate crewmembers, of the
location of each armed LEO aboard the
aircraft. Notify any other armed LEO
of the location of each armed LEO, including FAM’s. Under circumstances
described in the security program, the
aircraft operator must not close the

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Transportation Security Administration, DHS
doors until the notification is complete.
(vi) Ensure that the information required in paragraphs (a)(3)(i) and (ii) of
this section is furnished to the flight
crew of each additional connecting
flight by the Ground Security Coordinator or other designated agent at each
location.
(b) Flights for which screening is not
conducted.
The
provisions
of
§ 1544.201(d), with respect to accessible
weapons, do not apply to a LEO aboard
a flight for which screening is not required if the requirements of paragraphs (a)(1), (3), and (4) of this section
are met.
(c) Alcohol. (1) No aircraft operator
may serve any alcoholic beverage to an
armed LEO.
(2) No armed LEO may:
(i) Consume any alcoholic beverage
while aboard an aircraft operated by an
aircraft operator.
(ii) Board an aircraft armed if they
have consumed an alcoholic beverage
within the previous 8 hours.
(d) Location of weapon. (1) Any individual traveling aboard an aircraft
while armed must at all times keep
their weapon:
(i) Concealed and out of view, either
on their person or in immediate reach,
if the armed LEO is not in uniform.
(ii) On their person, if the armed LEO
is in uniform.
(2) No individual may place a weapon
in an overhead storage bin.

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§ 1544.221 Carriage of prisoners under
the control of armed law enforcement officers.
(a) This section applies as follows:
(1) This section applies to the transport of prisoners under the escort of an
armed law enforcement officer.
(2) This section does not apply to the
carriage of passengers under voluntary
protective escort.
(3) This section does not apply to the
escort of non-violent detainees of the
Immigration and Naturalization Service. This section does not apply to individuals who may be traveling with a
prisoner and armed escort, such as the
family of a deportee who is under
armed escort.
(b) For the purpose of this section:

§ 1544.221

(1) ‘‘High risk prisoner’’ means a prisoner who is an exceptional escape risk,
as determined by the law enforcement
agency, and charged with, or convicted
of, a violent crime.
(2) ‘‘Low risk prisoner’’ means any
prisoner who has not been designated
as ‘‘high risk.’’
(c) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an aircraft for which screening is required
unless, in addition to the requirements
in § 1544.219, the following requirements
are met:
(1) The agency responsible for control
of the prisoner has determined whether
the prisoner is considered a high risk
or a low risk.
(2) Unless otherwise authorized by
TSA, no more than one high risk prisoner may be carried on the aircraft.
(d) No aircraft operator may carry a
prisoner in the custody of an armed
law enforcement officer aboard an aircraft for which screening is required
unless the following staffing requirements are met:
(1) A minimum of one armed law enforcement officer must control a low
risk prisoner on a flight that is scheduled for 4 hours or less. One armed law
enforcement officer may control no
more than two low risk prisoners.
(2) A minimum of two armed law enforcement officers must control a low
risk prisoner on a flight that is scheduled for more than 4 hours. Two armed
law enforcement officers may control
no more than two low risk prisoners.
(3) For high-risk prisoners:
(i) For one high-risk prisoner on a
flight: A minimum of two armed law
enforcement officers must control a
high risk prisoner. No other prisoners
may be under the control of those two
armed law enforcement officers.
(ii) If TSA has authorized more than
one high-risk prisoner to be on the
flight under paragraph (c)(2) of this
section, a minimum of one armed law
enforcement officer for each prisoner
and one additional armed law enforcement officer must control the prisoners. No other prisoners may be under
the control of those armed law enforcement officers.
(e) An armed law enforcement officer
who is escorting a prisoner—

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