49 CFR 1562.23 - Aircraft operator and passenger requirements.

§ 1562.23 Aircraft operator and passenger requirements.
(a) General. To operate into or out of DCA, an aircraft operator must:
(1) Designate a security coordinator responsible for implementing the DASSP and other security requirements required under this section, and provide TSA with the security coordinator's contact information and availability in accordance with the DASSP.
(2) Adopt and carry out the DASSP.
(3) Ensure that each crewmember of an aircraft operating into or out of DCA meets the requirements of paragraph (c) of this section.
(4) Apply for and receive a reservation from the Federal Aviation Administration and authorization from TSA for each flight into and out of DCA in accordance with paragraph (d) of this section.
(5) Comply with the operating requirements in paragraph (e) of this section for each flight into and out of DCA.
(6) Pay any costs and fees required under this part.
(7) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in part 1520 of this chapter, to persons with a need to know, and refer all requests for SSI by other persons to TSA.
(8) Comply with any additional security procedures required by TSA through order, Security Directive, or other means.
(b) Security coordinator. Each security coordinator designated by an aircraft operator under paragraph (a) of this section:
(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the security coordinator is in compliance with the fingerprint-based criminal history records check requirements of §§ 1542.209, 1544.229, or 1544.230 of this chapter with his or her current employer.
(2) Must submit to TSA his or her:
(i) Legal name, including first, middle, and last; any applicable suffix, and any other names used.
(ii) Current mailing address, including residential address if different than current mailing address.
(iii) Date and place of birth.
(iv) Social security number, (submission is voluntary, although recommended).
(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(vi) Alien registration number, if applicable.
(3) Must successfully complete a TSA security threat assessment.
(4) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of records.
(c) Flightcrew member requirements. Each flightcrew member of an aircraft, as defined in 49 CFR 1540.5, operating into or out of DCA:
(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the flightcrew member is in compliance with the fingerprint-based criminal history records check requirements of §§ 1542.209, 1544.229, or 1544.230 of this chapter with his or her current employer.
(2) Must not have a record on file with the Federal Aviation Administration of a violation of—
(i) A prohibited area designated under 14 CFR part 73;
(ii) A flight restriction established under 14 CFR 91.141;
(iii) Special security instructions issued under 14 CFR 99.7;
(iv) A restricted area designated under 14 CFR part 73;
(v) Emergency air traffic rules issued under 14 CFR 91.139;
(vi) A temporary flight restriction designated under 14 CFR 91.137, 91.138, or 91.145; or
(vii) An area designated under 14 CFR 91.143.
(3) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of records.
(d) Flight authorization requirements. To receive authorization to operate an aircraft into or out of DCA, an aircraft operator must follow the procedures in this paragraph.
(1) The aircraft operator must apply to the Federal Aviation Administration for a tentative reservation, in a form and manner approved by the Federal Aviation Administration.
(2) The aircraft operator must submit to TSA, in a form and manner approved by TSA, the following information at least 24 hours prior to aircraft departure:
(i) For each passenger and crewmember on the aircraft:
(A) Legal name, including first, middle, and last; any applicable suffix, and any other names used.
(B) Current mailing address, including residential address if different than current mailing address.
(C) Date and place of birth.
(D) Social security number, (submission is voluntary, although recommended).
(E) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States.
(F) Alien registration number, if applicable.
(ii) The registration number of the aircraft.
(iii) The flight plan.
(iv) Any other information required by TSA.
(3) TSA will conduct a name-based security threat assessment for each passenger and crewmember. If TSA notifies the aircraft operator that a passenger or crewmember may pose a security threat, the aircraft operator must ensure that the passenger or crewmember does not board the aircraft before the aircraft departs out of DCA or out of a gateway airport to DCA.
(4) If TSA approves the flight, TSA will transmit such approval to the Federal Aviation Administration for assignment of a final reservation to operate into or out of DCA. Once the Federal Aviation Administration assigns the final reservation, TSA will notify the aircraft operator.
(5) TSA may, at its discretion, cancel any or all flight approvals at any time without prior notice to the aircraft operator.
(6) TSA may, at its discretion, permit a flight into or out of DCA to deviate from the requirements of this subpart, if TSA finds that such action would not be detrimental to transportation security or the safe operation of the aircraft.
(7) TSA may, at its discretion, require any flight into or out of DCA under this subpart to comply with additional security measures.
(e) Operating requirements. Each aircraft operator must:
(1) Ensure that each flight into DCA departs from a gateway airport and makes no intermediate stops before arrival at DCA.
(2) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA has been screened in accordance with the DASSP prior to boarding the aircraft.
(3) Ensure that all accessible property and property in inaccessible cargo holds on an aircraft operating into or out of DCA has been screened in accordance with the DASSP prior to boarding the aircraft.
(4) Ensure that each aircraft operating into or out of DCA has been searched in accordance with the DASSP.
(5) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA provides TSA with a valid government-issued picture identification in accordance with the DASSP.
(6) If the aircraft operating into or out of DCA is equipped with a cockpit door, ensure that the door is closed and locked at all times during the operation of the aircraft to or from DCA, unless Federal Aviation Administration regulations require the door to remain open.
(7) Ensure that each aircraft operating into or out of DCA has onboard at least one armed security officer who meets the requirements of § 1562.29 of this chapter. This requirement does not apply if—
(i) There is a Federal Air Marshal onboard; or
(ii) The aircraft is being flown without passengers into DCA to pick up passengers, or out of DCA after deplaning all passengers.
(8) Ensure that an aircraft operating into or out of DCA has any Federal Air Marshal onboard, at no cost to the Federal Government, if TSA or the Federal Air Marshal Service so requires.
(9) Notify the National Capital Region Coordination Center prior to departure of the aircraft from DCA or a gateway airport.
(10) Ensure that each aircraft operating into or out of DCA operates under instrument flight rules.
(11) Ensure that each passenger complies with any security measures mandated by TSA.
(12) Ensure that no prohibited items are onboard the aircraft.
(f) Compliance.
(1) Each aircraft operator must:
(i) Permit TSA to conduct any inspections or tests, including copying records, to determine compliance with this part and the DASSP.
(ii) At the request of TSA, provide evidence of compliance with this part and the DASSP, including copies of records.
(2) Noncompliance with this part or the DASSP may result in the cancellation of an aircraft operator's flight approvals and other remedial or enforcement action, as appropriate.
(g) Passenger requirements. Each passenger, including each armed security officer, who boards or attempts to board an aircraft under this section must:
(1) Provide information to the aircraft operator as provided in this section.
(2) Provide to TSA upon request a valid government-issued photo identification.
(3) Comply with security measures as conveyed by the aircraft operator.
(4) Comply with all applicable regulations in this chapter, including § 1540.107 regarding submission to screening and inspection, § 1540.109 regarding prohibition against interference with screening personnel, and § 1540.111 regarding carriage of weapons, explosives, and incendiaries by individuals.

Title 49 published on 2013-10-01

no entries appear in the Federal Register after this date.

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