49 CFR 1540.111 - Carriage of weapons, explosives, and incendiaries by individuals

Transportation Security Administration, DHS
§ 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 airportapproved 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.

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§ 1540.107 Submission
and inspection.

to

screening

(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 gender
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.

§ 1540.111

(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.
[73 FR 64061, Oct. 28, 2008]

§ 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. Except as
provided in paragraph (b) of this section, an individual may not have a
weapon, explosive, or incendiary, on or
about the individual’s person or accessible property—
(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. Paragraph (a) of this section
does not apply as to carriage of firearms and other weapons if the individual is one of the following:
(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.

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§ 1540.113

49 CFR Ch. XII (10–1–11 Edition)

(c) In checked baggage. A passenger
may not transport or offer for transport in checked baggage or in baggage
carried in an inaccessible cargo hold
under § 1562.23 of this chapter:
(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 hardsided 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. This section does not
prohibit the carriage of ammunition in
checked baggage or in the same container as a firearm. Title 49 CFR part
175 provides additional requirements
governing carriage of ammunition on
aircraft.
[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]

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§ 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. This section applies
when TSA has determined that an individual who is a United States citizen
and who holds, or is applying for, an
airman certificate, rating, or authorization issued by the Administrator,
poses a security threat.
(b) Definitions. The following terms
apply in this section:
Administrator means the Administrator of the Transportation Security
Administration.
Assistant Administrator means the Assistant Administrator for Intelligence
for TSA.
Date of service means—

(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 means the officer next in rank below the Administrator.
FAA Administrator means the Administrator of the Federal Aviation Administration.
Individual means an individual whom
TSA determines poses a security
threat.
(c) Security threat. An individual
poses a security threat when the individual is suspected of posing, or is
known to pose—
(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. The individual may, if he or she so chooses,
be represented by counsel at his or her
own expense.
(e) Initial Notification of Threat Assessment—(1) Issuance. If the Assistant Administrator determines that an individual poses a security threat, the Assistant Administrator serves upon the
individual an Initial Notification of
Threat Assessment and serves the determination upon the FAA Administrator. The Initial Notification includes—
(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. Not later
than 15 calendar days after the date of
service of the Initial Notification, the
individual may serve a written request
for copies of the releasable materials
upon which the Initial Notification was
based.

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