14 CFR Ch. I (1-1-02 Edition) Pt. 109: 109.3 Security Program

Pt.
109
14 CFR Ch. I (1102 Edition)
submitting the alternative measures to

the Administrator for approval. The
aircraft operator shall submit the proposed alternative measures within the
time prescribed in the Security Directive. The aircraft operator shall implement any alternative measures approved by the Administrator.
(e) Each aircraft operator that receives a Security Directive may comment on the Security Directive by submitting data, views, or arguments in
writing to the Administrator. The Administrator may amend the Security
Directive based on comments received.
Submission of a comment does not
delay the effective date of the Security
Directive.
(f) Each aircraft operator that receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular shall:
(1) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with
an operational need-to-know.
(2) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with
an operational need-to-know without
the prior written consent of the Administrator.
PART 109INDIRECT AIR CARRIER

SECURITY
Sec.
109.1 Applicability.
109.3 Security program.
109.5 Approval of security programs and
amendments.
AUTHORITY: 49 U.S.C. 106(g), 5103, 40113,
40119, 4470144702, 44705, 4490144905, 44907,
4491344914, 44932, 4493544936, 46105.
109.1
Applicability.
(a) This part prescribes aviation security rules governing each air carrier,
including each air freight forwarder
and each cooperative shippers association, engaged indirectly in air transportation of property;
(b) For the purposes of this part,
property means any package cargo.
[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979]
109.3
Security program.
(a) Each indirect air carrier shall

adopt and carry out a security program
that
(1) Is designed to prevent or deter the
unauthorized introduction of any explosive or incendiary device into any
package cargo intended for carriage by
air;
(2) Is in writing and signed by the
carrier or any person delegated authority in this matter;
(3) Includes a system of security safeguards acceptable to the Administrator; and
(4) Has been approved by the Administrator.
(b) Each indirect air carrier shall
maintain at least one complete copy of
its security program at its principal
business office, and a complete copy or
the pertinent portions of its security
program or appropriate implementing
instructions at each office where package cargo is accepted, and shall make
those documents available for inspection upon request of any Civil Aviation
Security Special Agent.
(c) Each indirect air carrier shall
(1) Restrict the distribution, disclosure, and vailability of sensitive security information, as defined in part 191
of this chapter, to persons with a needto-know; and
(2) Refer requests for sensitive security information by other persons to
the Assistant Administrator for Civil
Aviation Security.
[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979, as
amended by Amdt. 1091, 54 FR 39293, Sept.
25, 1989; Amdt. 1093, 62 FR 13744, Mar. 21,
1997]
109.5 Approval of security programs

and amendments.
(a) Each indirect air carrier shall
submit its security program to the Administrator for approval. Each carrier
engaged in the air transportation of
property before December 13, 1979, shall
submit its program no later than January 14, 1980. Each carrier not engaged
in air transportation or intrastate air
transportation of property before December 13, 1979, shall submit its program at least 30 days before the date it
intends to engage in that transportation.
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Federal Aviation Administration, DOT
109.5
(b) Within 30 days after receipt of the

program, the Administrator either approves the program or notifies the carrier as to modifications necessary for
the program to comply with this part.
(c) Any person notified pursuant to
paragraph (b) of this section may petition the Administrator to reconsider
the notice to modify within 30 days
after receipt of the notice and, except
in the case of any emergency requiring
immediate action in the interest of
safety, the filing of the petition stays
the notice pending a decision by the
Administrator.
(d) The Administrator may order
amendment of an approved security
program, if it is determined that safety
and the public interest require the
amendment, as follows:
(1) The Administrator notifies the
carrier, in writing, of the proposed
amendment, fixing a period of not less
than 30 days within which it may submit written information, views, and arguments on the amendment.
(2) After considering all relevant material, the Administrator notifies the
carrier of any amendment adopted, or
rescinds the notice of the proposed
amendment. The amendment becomes
effective not less than 30 days after
such person receives the notice, unless
it petitions the Administrator to re-
consider the amendment, in which case

the effective date is stayed by the Administrator.
(3) If the Adminstrator finds that
there is an emergency requiring immediate action with respect to safety in
air transportation or in air commerce
that makes the procedure in this paragraph impracticable or contrary to the
public interest he may issue an amendment, effective on the date the carrier
receives notice of it, and not subject to
stay. In such a case, the Administrator
incorporates the findings and a brief
statement of the reasons for it, in the
notice of the amendment to be adopted.
(e) A carrier may submit a request to
the Administrator to amend its program. The application must be filed
with the Administrator at least 30 days
before the date it proposes for the
amendment to become effective, unless
a shorter period is allowed by the Administrator. Within 15 days after receipt of a proposed amendment, the Administrator either approves or denies
the request. Within 30 days after receiving from the Administrator a notice of refusal to approve the application for amendment, the applicant may
petition the Administrator to reconsider the refusal to amend.
[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979]
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Pt.

14 CFR Ch. I (1102 Edition)

submitting the alternative measures to

PART 109INDIRECT AIR CARRIER

(a) Each indirect air carrier shall

109.5 Approval of security programs

06:29 Jan 18, 2002

Federal Aviation Administration, DOT

(b) Within 30 days after receipt of the

consider the amendment, in which case

06:29 Jan 18, 2002

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