FEDERAL AVIATION REGULATIONS PART 108 AIRPLANE OPERATOR SECURITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00390R000500470020-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 37
• Document Creation Date: December 27, 2016
• Document Release Date: March 8, 2013
• Sequence Number: 20
• Publication Date: September 11, 1981
• Content Type: MISC

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?-.
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US Department
of Transportation
Federal Aviation ,
Administration
Federal
Aviation
Regulations
Part 108
Airplane Operator Security
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f
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Part 108?Airplane Operator Security
Contents
Section
Preambles.
108.1
108.3 i
108.5 i
108.7
108.9 .
Page
P-1
Applicability
1
1
1
1
2
Definitions
Security program: adoption and implementation
Security form, content, and availability
program:
Screening of passengers and property
Prevention and management of hijackings and sabotage
'(108.10
attempts)
2
Carriage of weapons
108.11
3
Security of airplanes and facilities
108.13
4
Transportation of Federal Air Marshals)
i 1108.14
4
Lawenforcement officers
108.15
4
Use of X-ray systems
108.17
5
Bomb or air piracy threats
108.19
6
Carriage of passengers under the control of armed law enforce-
108.21
ment escorts
6
Training)
'(108.23
7
108.25
Approval of security programs and amendments
7
Evidence of compliance
108.27
8
?
Ch. 1 lAffseft. 106-2, Eff. 711185;
'Arndt. 106-3, Eff. 7111166)
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New Part 108?Airplane Operator Security
Adopted: January 12,1981 Effective: September 11, 1981
(Published in 46 FR 3792, January 15, 1961)
SVMMARY: These amendments revise and consolidate security regulations for scheduled
passenger and public charter operations in a new Part of the Federal Aviation Regulations
and extend those regulations to certain commuter and air taxi operations and small
aitplane operations conducted by U.S. and foreign air carriers. The consolidation
fafilitates public access to aviation security regulations. These changes provide an
appropriate response to the current threat of criminal violence and air piracy against
scheduled and public charter operations of U.S. air carriers, intrastate operators, and
foreign air carriers.
? FOR FURTHER INFORMATION CONTACT:
Mr. H. E. Smith, Regulatory Projects Branch, (AVS-24)
Safety Regulations Staff
Associate Administrator for Aviation Standards
Federal Aviation Administration
800 Independence Avenue, SM.
Washington, D.C. 20591; Telephone [phone].
SUPPLEMENTARY INFORMATION:
On November 1, 1979, the FAA published Notice of Proposed Rule Making No. 79-17
(44 FR 63048), to extend the FAA security regulations applicable to scheduled passenger
and public charter operations of U.S. and foreign air carriers and U.S. intrastate
operators to certain air taxi operators and small airplane operations conducted by U.S.
and foreign operators. It also proposed to simplify these regulations and consolidate them
(for U.S. certificate holders) into a new Part of the Federal Aviation Regulations to
facilitate public access to security regulations.
All interested persons have been given an opportunity to participate in the making of
this new Part 108 and the revisions to Parts 107, 121, 129, and 135. Due consideration has
been given to all matters presented. In response to comments received and after further
study by the FAA, a number of changes are reflected in the rule as adopted.
Background
Since their inception in 1972, FAA security regulations have been designed to meet
threats of hijacking and other crimes against the specific kinds of aircraft operations that
have proven to be most attractive to the potential hijacker or saboteur. For the most part
these operations have involved large transport type airplanes with scheduled departure
times, and generally have been conducted by air carriers under Certificates of Public
Convenience and Necessity (CPCN) and other limited economic authority issued by the
Civil Aeronautics Board (CAB), as well as by certain wholly intrastate operators who are
not air carriers. Operating rules for these operators are set out in Part 121 (14 CFR Part
121) and, for this reason, FAA security regulations were initially placed in that Part.
Scheduled operations with large airplanes also have been conducted under S 135.2 of
Part 135 (14 CFR Part 135). Security for these operations has been achieved through
voluntary compliance with requirements similar to those in Part 121; however, the
number of these operations is increasing.
Recently, and in particular since the passage of the Airline Deregulation Act of 1978
(Deregulation Act), the CAB has liberalized its policies and has granted broad authority to
conduct scheduled operations with large aircraft. There now are numerous air carriers
referred to in the Deregulation Act as "commuters" operating under Part 135 with
authority to conduct operations similar to those that were previously conducted only by
CPCN holders under Part 121. While CPCN holders are being allowed to discontinue
service at different terminals, commuter air carriers are gaining these terminal and route
PART 108
P-1
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P-2 PART 108
authorizations. As a result, commuter air carriers are now using identical aircraft in
scheduled and public charter operations formerly used only by CPCN holders. These
airplanes are being operated over routes formerly served by CPCN holders, and the
operations are conducted without being subject to full FAA security requirements.
The Deregulation Act carries with it a mandate that there be no diminution in safety in
situations where commuter carriers provide substitute service on routes previously served
by ropte carriers. Section 33(c) (3) of the Deregulation Act requires the FAA to "impose
requirements upon such commuter air carriers to assure that the level of safety provided
to persons traveling on such commuter air carriers is, to the maximum feasible extent,
equivalent to the level of safety provided to persons traveling on air carriers which provide
service pursuant to certificates issued under Section 401 of this title."
The Proposal
To ensure consistent application of FAA's security rules and to achieve the necessary
level of security, Notice 79-17 proposed security requirements based upon airplane
complexity' instead of CAB authorizations. The proposal called for multilevel security
requirements to be equally applicable to all scheduled and public charter passenger
operations conducted by air carriers and other FAA certificate holders. The FAA
certificate holder would have been required to meet the full security requirements that
have been set out in Part 121, including an approved screening system, for operations
conducted in airplanes with a seating configuration of 20 or more passenger seats. For
operations conducted in airplanes configured for less than 20 passenger seats, the
certificate holder would have been subject only to minimal security requirements,
including passenger and shipper identification, airplane security, and arrangements for
law enforcement response when needed. The proposal also would have retained the
existing requirement in Part 135 for crewmember antihijack training.
A number of changes have been made in the final rules, as discussed in this preamble.
A table is provided for comparing the major provisions of the proposed rule and the final
amendments. It is to assist in understanding the changes that have been made and should
not be relied upon as a complete statement of the amendments.
Passenger Seating
Configuration Security Requirements
NOTICE OF PROPOSED RULE MAKING
1-19 Modified airplane and airport operator security program would
have been adopted and implemented
more than 19 Full airplane and airport operator security program would have
been adopted and implemented, including screening of all
passengers and law enforcement presence.
FINAL AMENDMENTS
1-30 No security program is required unless passengers have
uncontrolled access to a sterile area and then a screening system
and law enforcement presence must be provided for those
passengers. ? ..,?
31-60 Airplane and airport operator security program must be adopted,
but screening and law enforcement presence must be
implemented only when the FAA identifies a security threat or
passengers have uncontrolled access to a sterile area.
more than 60 Full security program must be adopted and implemented,
including screening of all passengers, law enforcement presence,
and other significant safeguards.
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PART 108 P-3
Comments
Approximately 320 public comments were received in response to Notice 79-17.
Nearly all of the commenters were against the proposal. The major objections were the
tot of implementing the security requirements and the absence of any threat that
justified extending screening and other security requirements to commuter operations.
The commenters argued that the proposal would place an undue hardship on small
communities and inhibit industry growth by causing commuters to avoid use of larger
Airplanes in order to gain advantage of the minimal security requirements for airplanes
with less than 20 passenger seats.
Economic Study
In analyzing financial data -provided by the commenters, the security costs per
passenger enplanement were found to vary so much that the FAA decided that further
economic study was necessary. A sample of typical airports was examined to determine
what the actual costs would be to implement the proposed requirements. The results of
this small sampling indicated that a comprehensive indepth cost study was needed.
This indepth study identified potentially affected airplane operators (25) and airports
(20). The personnel of FAA regional security divisions completed structured interview
forms for each potentially affected airline station (90) and for each airport. This
information was collected and analyzed by the FAA's Office of Aviation Policy and Plans;
and in many cases followup discussions were held with airline and airport personnel. The
final regulatory evaluation that resulted from this study is available in the public docket
for this rulemaking action.
The study indicates that the FAA estimated costs provided in Notice 79-17 are
generally accurate when considered against the total projected enplanements. However,
when viewed for a particular airport, or for a particular flight, costs might be
unreasonably high because of the limited enplanements at that airport or for that-flight.
Considerable reduction in the cost impact of this final rule has been effected through
the changes in the proposal. While adoption of Notice 79-17 could have resulted in an
estimated maximum annual operating cost of $8.80 million and maximum capital
investments of $5.30 million (for airplane operators) and $.36 million (for airports), the
maximum annual operating cost for the final rule will not exceed $3.15 million and no
capital investment will be necessary. These changes and their economic impact are
discussed below.
Security Threat
The increased security threat to the commuter industry that was expected to result
from implementation of the Deregulation Act has not materialized. Only one attempted
hijacking of a commuter-operated airplane has occurred since the Deregulation Act was
implemented. This attempt was thwarted by skillful FBI negotiations resulting in
apprehension of the hijacker.
While the threat of air piracy and sabotage exists for all levels of air transportation,
the historical record clearly establishes that the threat is very serious for some levels and
less serious for others. Although all sizes of aircraft have been subjected to hijackings, the
most severe threat has been against the larger, longer-range, jet airplanes in scheduled
passenger operations. Typically these airplanes have more than 60 passenger seats, the
smallest being the BAC-111, which may be configured for as few as 65 passenger seats,
and the more commonly used DC-9, which is typically configured for approximately 90
passenger seats. The number of U.S. hijackings of such airplanes has continued to rise in
relation to worldwide hijackings and, over the past 3 years, the U.S. air transportation
system has experienced 40 hijackings of these air carrier airplanes.
Final Rule
Considering the economic burden that could be imposed on the small airport and
airplane operators and the fact that the hijacking threat directed against commuters has
not significantly increased, it is not appropriate to fully implement the proposed rule
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P-4 PART 108
changes at this time. This final rule requires implementing a full security program only for
scheduled and public -charter operations with airplanes having a passenger seating
configuration of more than 60 seats and -for operations providing deplaned passengers
access to a sterile area at the next landing when the access is not controlled by another
airplane operator's security program.
Fot operations with airplanes having a passenger seating configuration of more than
30 but less than 61 seats, a full security program need not be inplemented. A full program
for theie operations will have to be implemented only if the FAA notifies the airplane
operator that a security threat exists with respect to a p-rticular operation or set of
operations.
While the frequency and extent of these threats cannot be predicted, the FAA expects
that this contingency seldom will be invoked. If it is, it will probably not involve all airplane
operators or all points served by a single operator, nor would all precautions have to be
taken in every contingency.
Antihijack security training will continue to be required for all crewmembers of FAA
certificate holders operating under Part 121 or Part 135. In addition, throughout Part 108
and the changes to Part 107 and S 129.25 of this chapter, the term "airplane" instead of
"aircraft" is used since threatened operations have only involved airplanes and no other
aircraft.
Airplane Operator Security Requirements
None of the comments suggest, nor does FAA intend, lessening in any way the
current security requirements for U.S. or foreign air carriers utilizing airplanes
configured for more than 60 passenger seats or for U.S. airports presently served by these
carriers on a regular basis. To ensure that passengers in scheduled or public charter
operations with these airplanes benefit from a degree of security commensurate with the
existing threat, the rule, as adopted, continues to require the implementation of a full
security program for these operations.
For airplanes with a passenger seating configuration of less than 61 seats, the larger
the airplane, the more attractive it can be expected to be for the potential hijacker. The
great majority of airplanes currently used by commuters are of less than 31 seat
configuration. However, a number of larger airplanes are now in production or "on the
drawing board" to serve the commuter airline market. The larger airplanes have a greater
stage length and fuel capacity and carry many more passengers than those in current use.
As a result, potential hijackers are more apt to see them as containing more hostages and
having the range to serve their purposes.
Additionally, the FAA's economic study generally reflects significant increases in
security costs per passenger as the airplane capacity decreases. The study indicates that
for the lower half of the spectrum (the 1- through 30-seat airplanes), the economic
hardship far outweighs the security benefit derived from even the minimal security
requirements proposed in Notice 79-17 for airplanes configured for less than 20 seats.
For these reasons, the FAA has determined that airplanes with a seating
configuration of 31 through 60 should be treated differently from those with 30 or fewer
seats. Part 108, as adopted, requires FAA certificate holders conducting scheduled
passenger and public charter operations in 31- through 60-seat airplanes to continue to
conduct security training for crews, as presently required by SS 121.417 and 135.331.
Further Part 108 and changes to Part 129 require the adoption of a comprehensive
security program for operations with 31 through 60 seats comparable to that required for
operations with airplanes having more than 60 seats. However, the operator will normally
only have to implement for 31- through 60-seat airplanes those portions of the program
that call for (1) having procedures for contacting the law enforcement agency identified by
the airport operator and arranging for response to an incident when needed; and (2)
advising appropriate employees, including crewmembers, of the procedures and
instructing them when and how to use them. If the operator also uses airplanes above 60
seats, a full security program must be implemented for these operations.
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PART 108 P-5
Each operator of 31- through 60-seat airplanes must be prepared to implement its full
security program for all or part of its operations at a particular station or systemwide
upon notification by the FAA that a threat exists. Such a threat would exist, for example,
where operations in this category have been subjected to hijacking and a specific threat
has been made that more hijackings will be perpetrated. Such a threat might also exist
'here information has been received or developed concerning airplanes in this category
Tithout a prior hijacking.
- FAA certificate holders utilizing airplanes with a seating configuration of 1 through
30 seats, under the provisions of this rule, are only- required to conduct antihijack crew
training currently required by 5 135.331. Because of the size, range, and public perception
of the capacity and capability of these airplanes, this reactive security measure is
considered adequate to meet the level of threat against this type operation.
Law Enforcement Support
When a U.S. or foreign air carrier is required to implement a security screening.,
system at an airport governed by Part 107, the airport operator is required to provide law
enforcement support for that screening. When a carrier conducts operations from an
airport not governed by Part 107 of this chapter and is required to use a screening system,
the carrier continues to be required to provide law enforcement officers to support the
screening system.
Access to Sterile Areas
To protect the security of sterile areas, this amendment provides that operators of
airplanes of any seating configuration may not discharge scheduled or public charter
passengers into a sterile area unless: (1) the passengers and their accessible items are
properly screened by the airplane operator; or (2) their access is controlled through
surveillance and escort procedures. or through the screening procedures of another
operator.
Thus, unscreened passengers may have access to a sterile area where the discharging
operator has made a prior arrangement with another FAA certificate holder or foreign air
carrier, or in some cases the airport operator, having responsibility for the sterile area
either for escort of the deplaning passengers into, through, and out of the sterile area or
for the screening of those passengers before entry. Without these arrangements,
operators not otherwise required by Part 108 or 129 to screen their passengers who wish
to deplane their passengers in a particular operation into a sterile area at a particular
airport must adopt and implement all the provisions of an appropriate security program
with respect to that passenger operation. This requires that: (1) 100 percent screening of
the passengers and their accessible items be completed before the last departure; (2) the
airplane be protected; and (3) procedures be used to prevent or deter the introduction of
explosives and incendiaries into checked baggage and cargo for those flights.
This process currently is being followed by a number of air carriers operating under
5135.2. These air taxi and commuter operators, because of their desire to allow their
passengers to have direct and uncontrolled access to a sterile area, have voluntarily
elected to amend their operations specifications to adhere to the security requirements of
S 121.538. With implementation of Part 108, this will no longer be necessary, and
operators requiring direct uncontrolled access to sterile areas for their passengers will
follow the security program procedures in 5108.25.
As a result of these amendments, certain FAA certificate holders that operate smaller
airplanes and have been required to meet the security provisions of 5 121.538 are no
longer required to implement full security programs. Under 5 108.5 these operators or
other operators utilizing 1- through 60-seat airplanes may elect to continue to operate
under a full security program in order to discharge passengers into a sterile area, or may
elect to operate under a full or modified security program to meet passenger expectations,
to fulfill company security policies, or for other reasons. However, when FAA approval is
obtained for any security program, 5 108.5 requires that the airplane operator carry out
the provisions of that program. Operators utilizing smaller airplanes who use their own
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P-6 PART 108
separate facilities at certain airports will now be able, at those airports, to operate without
screening passengers or providing law enforcement presence. For these operators this
rule may represent a considerable economic savings.
An Air Carrier Standard Security Program meeting the requirements of this rule is
available for use by all certificate holders. This program, jointly developed by FAA and
industry4 has proven very effective in lessening the certificate holder's administrative
burden. The FAA encourages adoption of the Air Carrier Standard Security Program to
ensure liniform implementation and use of security procedures.
Airport Security Requirements
At 'U.S. airports regularly serving scheduled passenger operations of FAA certificate
holders and foreign air carriers utilizing airplanes with more than 60 seats, this final rule
requires the airport operator to adhere to the current provisions of Part 107.
At those airports regularly serving scheduled passenger operations utilizing
31-through 60-passenger-seat airplanes and at rhich the airplane operator is not required
to screen its passengers, the airport operator must only identify the law enforcement
agency that will respond to the airplane operator's request for assistance. Responsibility
for establishing and implementing the actual arrangements and for obtaining assistance in
the case of an incident rests with the airplane operator.
For these operations, the airport operator is required to submit to the FAA for
approval a security program that identifies: (1) the law enforcement support available to
respond upon request of the airport operator; (2) a description of the procedure to be used
by the air carrier to summon support; (3) a description of the training the law enforcement
officers have received; and (4) a description of the system of records of law enforcement
actions taken in support of aviation security as called for by S 107.23.
If an airplane operator using airplanes with less than 61 passenger seats must adopt
and carry out a full security program with a screening system, the airport operator must
provide law enforcement support during all required passenger screening operations. The
airport operator is required to submit to the FAA for approval a security program
identifying the law enforcement support, the training received by law enforcement
officers, and a description of the system for recording law enforcement actions taken in
support of aviation security. These law enforcement support requirements are the only
security requirements imposed on the airport operator for operations with airplanes
configured for less than 61 passenger seats where screening is performed under a
required security program.
Economic Evaluation
Assessment of the economic impact of these amendments indicates that certain
airplane and airport operators not previously required to have a security program may
incur some costs in connection with scheduled and public charter passenger operations
with airplanes having a passenger seating configuration of 31 through 60 passenger seats.
Some additional costs will occur for these operators if they must implement contingency
procedures included in security programs because of a threat condition. Most, if not all, of
the costs of meeting contingencies would be associated with personnel and would not
involve investments in X-ray machines, metal detectors, and alterations to airport
terminals as might have been the case if the proposal in Notice 79-17 had been adopted. If
a threat situation occurs, the FAA will work closely with the affected parties to ensure
adequate, efficient, and cost-effective implementation of contingency procedures.
The only other new cost resulting from this rule may occur when some operators of
airplanes with less than 61 passenger seats desire to discharge passengers directly into a
sterile area. No additional cost will occur to the many operators already voluntarily
providing security for these operations through amendments to their operations
specifications. Airplane operators that do not now provide this security, and who desire
access to a sterile area, will incur new costs for providing the necessary security
safeguards.
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PART 108 P-7
The economic assessment indicates that the final rule may have an impact on 11 Part
135 operators of airplanes seating 31 through 60 passengers at as many as 39 stations.
Virtually all of this cost impact would Occur if contingency procedures are implemented.
Basid on the FAA's analysis of the current threat, coupled with the historical record,
airplane and airport operators will rarely, if ever, be required to take these heightened
precitutions and a threat necessitating such action would probably never involve all 11
carriers or 39 stations at a time.
however, in the unlikely event that all operators of 31- through 60-seat airplanes are
required to implement contingency procedures at all stations for an entire year because of
the greatest hijacking threat, the annual cost could be as high as $3.15 million. Whatever
costs occur may be recovered through fare or temporary subsidy increases.
This $3.15 million maximum cost contrasts with the possible costs that would have
resulted from the proposed rule. The FAA's evaluation indicates that it could have
resulted in as much as $8.8 million in new annual operating costs for the affected airplane
operators, $5.3 million in investments for security equipment and construction by airplane
operators and $360,000 in airport improvements.
Because these amendments impose uniform security requirements on the basis of
airplane size and the protection of sterile areas instead of the kind of FAA and CAB
operating authority, some Part 121 operators will have an opportunity to reduce security
costs at some stations. As is the current case, all Part 135 operators now screening
voluntarily under an operations specifications amendment can elect to discontinue
screening under this rule if they choose not to continue to have access to a sterile area.
While the FAA cannot determine the exact amount of cost savings, it estimates the
maximum possible annual operating cost savings of $13,720,526.
ADOPTION OF THE AMENDMENT
Accordingly Parts 107, 121, 129, and 135 are amended and new Part 108 is added as
follows, effective April 1, 1981, or 60 days after a notice of approval of the recordkeeping
and reporting requirements of new Part 108 by the Office of Management and Budget is
published in the Federal Register, whichever is later.
(Secs. 313, 315, 316, 317, 601-610 of the Federal Aviation Act of 1958(49 U.S.C. 1354(a),
1356, 1357, 1358, 1421-1430); Sec. 6(c), Department of Transportation Act (49 U.S.C.
1655(c)).)
This rule is a final order of the Administrator as defined by Section 1005 of the
Federal Aviation Act of 1958, as amended (49 U.S.C. 1485). As such, it is subject to review
only by the courts of appeals of the United States or the United States Court of Appeals
for the District of Columbia.
NOTE: The FAA has determined that this document involves a proposed regulation which
is not significant under Executive Order 12044 as implemented by DOT Regulatory
Policies and Procedures (44 FR 11034; February 26, 1979). A copy of the regulatory
evaluation prepared for this action is contained in the regulatory docket. A copy of it may
be obtained by contacting the person identified under the caption "FOR FURTHER
INFORMATION CONTACT".
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P-8 ? PART 108
Reference New Part 108?Airplane Operator Security
Adopted: June 15,1981 Effective: September 11,1981
(Published In 46 FR 36053, July 13, 1981)
SUMMARY: This document prescribes the effective date for a new Part of the Federal
Aviation Regulations that consolidates security regulations for scheduled passenger and
public Aarter operations and extends those regulations to certain commuter and air taxi
operati?ns and small airplane operations conducted by U.S. and foreign air carriers. At
the time this new Part was adopted, its reporting and recordkeeping requirements had not
been approved by OMB, and the Part could not be made effective. That approval process
has now been completed.
This document also corrects a refirence in the words of issuance of Amendment
107-1.
FOR FURTHER INFORMATION CONTACT:
Joseph A. Sirkis, Regulatory Projects Branch, (AVS-24)
Safety Regulations Staff
Associate Administrator for Aviation Standards
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, D.C. 20591; Telephone [phone].
SUPPLEMENTARY INFORMATION:
On January 12, 1981, the FAA adopted amendments that added a new Part 108,
Airplane Operator Security (46 FR 3782; January 15, 1981), and amended other
associated security regulations. The new Part revises and consolidates aviation security
regulations for scheduled passenger and public charter operations, and extends those
regulations to certain commuter and air taxi operations and small airplane operations
conducted by U.S. and foreign air carriers. The consolidation facilitates public access to
aviation security regulations. The changes provide an appropriate response to the current
threat of criminal violence and air piracy against scheduled and public charter operations
of U.S. air carriers, intrastate operators, and foreign air carriers.
Because new Part 108 contains reporting and recordkeeping requirements for which
OMB approval is required, the effectivity of the new Part was delayed until April 1, 1981,
or 60 days after OMB approval, whichever would be later. On April 29, 1981, OMB
approved these requirements. A copy of the approval may be examined at the Federal
Aviation Administration, Office of the Chief Counsel, Rules Docket, No. 19726, 800
Independence Avenue, SW, Washington, DC 20591.
Accordingly, this notice prescribes the necessary effective date and, except as noted,
provides the 60-day notice referred to at the time these amendments were adopted.
In order to relieve certain airplane operators immediately of an unnecessary financial
burden, this notice permits compliance without delay with new Part 108. When issuing
Part 108, the FAA considered the economic burden that could be imposed on the small
airplane operators and the fact that the hijacking threat directed against commuters has
not significantly increased. It was determined that the implementation of a full security
program should only be required for scheduled and public charter operations with
airplanes having a passenger-seating configuration of more than 60 seats and for
operations providing deplaned passengers access to a sterile area at the next landing when
the access is not controlled by another airplane operator's security program. Accordingly,
Part 108 provides that for operations with airplanes having a passenger-seating
conftguration of more than 30 but fewer than 61 seats a full security program need not be
implemented.
For Part 108 to be effective immediately for any operator, the operator need only
advise the Director of Civil Aviation Security of its intention to comply with the Part.
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Correction
In connection with new Part 108, the airport operator security rules in Part 107 were
also amended (Amendment 107-1) to relate the airport operator's responsibilities,
including law enforcement support, to the level of security required for airplane operators
using the airport
Section 107.7 requires the airport operator to notify the FAA, and appropriately
amend its security program, whenever certain changed security conditions occur.
Specifilally, S 107.7(a) (4) provides that this action must be taken when the law
enforcement support, as described in the airport operator's security program, is not
adequate to comply with 5107.15. Amendment 107-1 was intended to add references in
S 107.7(a) (4) to new security program requirements. However, because that provision is
misnumbered in the current bound version of the Code of Federal Regulations (14 CFR
107.7), the amending language erroneously referred to it as 5 107.7(a) (3). This
amendment corrects the amending language to refer to 5 107.7(a) (4). The Code of Federal
Regulations will be corrected when it is next published in bound form.
EFFECTIVE DATE AND CORRECTION
Accordingly, Amendments No. 107-1, 108 (New), 121-167, 129-11, and 135-10 will be
effective September 11, 1981, or, for a certificate holder to which new Part 108 would
apply, on the date that the certificate holder notifies the Director of Civil Aviation
Security of its intention to comply with the Part, whichever date is earlier. The words of
issuance of Amendment 107-1 are corrected to amend 5 107.7(a) (4), instead of
S 107.7(a) (3), by inserting the phrase ", (f) (1), or (g) (I)" after the phrase "i 107.3(b) (7)".
(Secs. 313, 315, 316, 317, 601-610 of the Federal Aviation Act of 1958(49 U.S.C. 1354(a),
1356, 1357, 1358, 1421-1430); Sec. 6(c) of the Department of Transportation Act (49
U.S.C. 1655(c)).)
NOTE: The FAA has determined that this document pertains to a rulemaking action
which is not a major regulation under Executive Order 12291; that it is not significant
under Department of Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979); and that, under the criteria of the Regulatory Flexibility Act, it will
not have a significant impact on a substantial number of small entities. In addition, the
FAA has determined that, while a regulatory evaluation was prepared for the final rule,
the expected further impact of this notice and correction is so minimal that it does not
require an evaluation.
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PART 108
Amendment 108-1
Use of kflay Systems
# Adopted: May 28, 1985 Effective: July 22, 1985
(Published In 60 FR 25664, June 20, 1985)
SUMMARY: This amendment revises the language of signs required to be posted in a
conspicuous place that notify passengers that an X-ray system is being used to inspect
carry-on baggage in accordance with required security programs. It also adopts a new
standard for testing the effectiveness of these X-ray systems. A more realistic standard
will result with the adoption of the revisions, one that will enhance overall security by
requiring the X-ray systems to comply with a more realistic imaging standard and at the
same time protect film and photographic materials.
The incorporation by reference of American Society of Testing and Materials
Standard F792-82 listed in the regulations is approved by the Director of the Federal
Register as of July 22, 1985.
FOR FURTHER INFORMATION CONTACT: Mr. Theofolus P. Tsacoumis, Aviation
Security Division, (ACS-160), Office of Civil Aviation Security, Federal Aviation
Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591; telephone
[phone].
SUPPLEMENTARY INFORMATION:
BACKGROUND
On May 22, 1984, the Federal Aviation Administration (FAA) issued notice of
proposed rulemaking (NPRM) No. 84-8 (49 FR 24974; June 18, 1984) pertaining to the use
of X-ray systems by .domestic, flag, and foreign air carriers and by commercial operators
of large aircraft engaging in common carriage. This notice proposed the revision of the
language of signs that notify passengers that an X-ray system is being used to inspect
carry-on baggage in accordance with required security programs. The NPRM
recommended that the signs be changed to read "Remove x-ray, scientific, and high-speed
film." The notice also proposed the adoption of a new standard for testing the
effectiveness of X-ray systems. The new standard uses a step wedge specified in American
Society of Testing and Materials (ASTM) Standard F792-82. In addition, the notice
proposed to extend the rule to cover X-ray systems that are used to process checked
baggage. Also proposed was a correction to an editorial error in S 108.17(a) (4) in that the
dosimeter provided to each operator is a "personnel" dosimeter, not a "personal"
dosimeter. Notice 84-8 solicited comments with respect to these proposals. Comments
were also requested concerning any increase in the number of searches by hand that might
occur and any other burden that might be caused by this proposal.
DISCUSSION OF COMMENTS
In response to Notice 84-8, 12 written and one telephonic comment were received.
One manufacturer comments that a sign should be posted advising passengers to remove
all X-ray, scientific, and high-speed film from either their carry-on or checked baggage
before inspection only if the X-ray system exposes any such item to more than .01
milliroentgen (mR) per inspection. Another riianufacturer states that since a majority of
X-ray systems used at domestic air terminals at present are scanning-type systems, the
rule, as adopted, should state that any X-ray system that can demonstrate that a
maximum of not more than 0.15 rriR is required per inspection, while meeting all other
requirements of the proposed rule, will be permitted to display signs suggesting the
removal of X-ray and scientific film only, and that the high-speed film removal language
will be deleted. This manufacturer also recommends that the proposed rule be modified so
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that any scanning-type X-ray system currently in use but =able to meet the imaging
requirements of the step wedge specified in ASTM Standard F792-82 will be modified so
as to meet the imaging requirements or be removed from service.
Another manufacturer expresses concern that requiring advice on signs to "remove
X-ray, acientific, and high-speed film" would cause the certificate holders undue hardship.
In addition, this manufacturer states that the FAA should distribute or sell the required
step wdge to the certificate holders since they believed that a competitor would have an
unfair advantage.
One film manufacturer, while expressing gratitude for the positive steps and concern
demonstrated by the FAA relative to high-speed film, recommends development of a new
sign that is larger and contains bigger and bolder lettering for prominent placement in the
entranceways to airport X-ray screening checkpoints. The commenter also recommends
development of a special warning decal which would be placed on all X-ray systems in bold,
2-inch-high lettering to state "Remove all X-ray, scientific, and high-speed film (ISO 1000
or higher) from baggage." In addition, the commenter requests that all airport X-ray
inspectors verbally ask travelers to remove high-speed film from their baggage. A
committee of photographers endorses the comments of this film manufacturer. In
addition, the commenter submitted the following recommendations: (1) Checkpoint
operator training: have inspectors ask if travelers are carrying high-speed film and have
them advise travelers that they should remove any film from hand luggage before passing
through X-ray checkpoints if they are going through more than one airport; (2) Public
education program: inform travelers that X-ray screening can damage high-speed film and
have airlines provide a ticket stuffer telling passengers about X-ray damage to film or
disseminate information through travel agencies; and (3) FAA develop a better sign with
large, bold lettering.
The FAA has determined that the proposed requirement to advise passengers to
remove all X-ray, scientific, and high-speed film from carry-on and checked articles prior
to X-ray inspection (without regard to radiation levels) and to remove all film from carry-
on and checked articles in the event radiation exposure exceeds 1 mR is adequate to
protect photographic film from being adversely affected by radiation. No problems have
been encountered with this requirement since the original X-ray rule became effective.
Experience since "paste-on" stickers were put into use during May 1983, advising persons
to remove "high-speed" film, has not revealed any substantiated incidents of damage to
film as a result of its being exposed to an X-ray system utilized under SS 108.17 and 12926
of the FAR. Experience has also shown that, since the "paste-on stickers" have been
utilized, the additional number of hand searches caused by these signs has not created a
significant burden.
In addition, signs advising passengers about X-ray inspections should be as uniform as
possible. Under the current rules, all certificate holders may use an identical sign unless a
carrier utilizes a system emitting more than 1 mR of radiation. In such case, passengers
must be advised to remove all film prior to inspection rather than just X-ray, scientific,
and high-speed film. Since to our knowledge all systems currently in use in the United
States emit less than 1 mR and many are in the 0.15 to 0.30 mR range, virtually all
certificate holders use a standard sign supplied to them by the FAA. Even though, as
indicated by one commenter, some machines may subject film to as little as .01 mR,
industry concerns over damage to X-ray, scientific, and high-speed film warrant a uniform
requirement for these signs. ?
With regard to signs, the FAA intends to study how the sign may be improved so as to
properly highlight and prominently display the required information at screening stations
that utilize X-ray baggage inspection systems. The FAA will consider the views of such
organizations as the Air Transport Association, the American Association of Airport
Executives, and the Airport Operators Council International. It is intended that a new
sign will be developed that would enhance the notice now being given to the traveling
public concerning their photographic equipment and film.
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One individual is concerned that the requirement to inspect physically photographic
equipment and film packages upon request be continued. Another individual suggests that
the FAA be more specific with the term "high-speed film," while a third individual agreed
with the proposal but suggested a change in language to read "Remove X-ray, scientific,
and all camera film." A fourth individual commented telephonically that the FAA should
bot allow the use of any X-ray systems to screen baggage at airports. A municipality
sts that scientific and high-speed film with an ASA/ISO speed of more than 400
tilLed be removed prior to X-ray inspection.
- The FAA has determined that film speeds with an ASA/ISO reading of 400 or below
are safe for X-ray inspection and need not be subjected to hand search or inspection.
Therefore, it would not be appropriate to specify high-speed film as being ASA/ISO 400
and above. In addition, the FAA intends to retain the requirement that photographic
equipment and film packages be physically inspected upon request. Thus, each person will
determine the proper actions to be taken to safeguard his or her film.
X-ray baggage inspection systems to process carry-on baggage and items have been in
use since 1973. The FAA is not aware of any specific instance of any damage to ordinary
film caused by X-ray systems used in the United States that is substantiated by factual
evidence. Therefore, it is not necessary to remove all camera film before X-ray
examination. In addition, the FAA requires that these X-ray systems meet the Food and
Drug Administration requirements specified in 21 CFR 1020.40. To our knowledge, there
have been no instances where these systems had excessive leakage or the operators
received an excessive dose as measured by the dosimeters each operator is required to
wear. Therefore, there is no need to remove X-ray systems from all airports.
A trade association representing many of the major film manufacturers suggests that
the sign posting requirements be modified so that the signs must be posted not only in a
conspicuous place, but also at or near the X-ray systems and at the checked baggage
stations as well. The commenter favors adoption of ASTM Standard F792-82. Another
association recommends that the term "checked articles" be used in lieu of "checked
baggage" and that the FAA should allow the use of X-ray systems at any location as long
as they meet the current imaging requirements. An objection was raised concerning the
FAA's intention of requiring a step wedge at each station utilizing X-ray baggage
inspection systems. This association concurs with the language proposed, namely
"Remove X-ray, scientific, and high-speed film," and indicates that the additional number
of hand searches caused by this advice had not created a significant burden. A third
association suggests removing ambiguous wording such as "ordinary undeveloped film"
and "high-speed film" and substituting the phrase "inspection may affect film" to
properly inform the traveling public.
The FAA believes the regulation should continue to require only that the sign be
"posted in a conspicuous place." It will continue to consider what locations are
appropriate and so advise the air carrier. The FAA is adopting the suggestion that
"checked baggage" be changed to "checked articles."
One commenter expressed concern that a step wedge would be required at each
screening station. However, this is not required by the regulation. Nevertheless, since
X-ray systems must meet the specified imaging requirements, it is not unreasonable to
expect that carriers will want to have a step wedge at each screening station, so that FAA
inspectors and airline representatives can quickly determine if the X-ray system meets
these imaging requirements. It is not necessary to substitute the phrase "inspection may
affect film" since, as previously stated, the FAA is not aware of any substantiated damage
caused by X-ray systems.
DISCUSSION OF THE AMENDMENTS
As proposed in Notice 84-8, SS 108.17 and 129.26 are being amended to extend their
application to checked baggage as well as carry-on items since certificate holders from
time to time utilize X-ray imaging systems to inspect checked baggage; to adopt the
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language of previously produced and distributed paste-on stickers stating "Remove X-ray,
scientific, and high-speed film;" to adopt a new imaging standard; and W correct an
editorial error in S 108.17(a) (4) involving the misuse of the term "personal" dosimeter.
Anothei. editorial change is being made by 'replacing the word "will" in S 108.17(a) (4) with
"shall." This will clarify the mandatory nature of the provision and conform to language
used thnoughout the Federal Aviation Regulations.
The !FAA proposed in Notice 84-8 to establish anew imaging standard for inclusion in
the airline standard security program and included such a standard as part of the
proposed rule. Specificity regarding the imaging standard has been eliminated from the
rule as -adopted to prevent access by persons attempting to frustrate the system. The
standard is being placed in the air carrier standard program of domestic and flag air
carriers. The same standard will be separately specified in a letter to foreign air carriers.
To reduce any possibility of confusion and to preclude a recurrence of past incidents,
the FAA is adopting a suggestion from one of the commenters by inserting the word
"individual" in front of "personnel dosimeter" in S 108.17(a) (4). This should make it clear
to everyone concerned that the dosimeter must be assigned to one person and should not
be given to others.
In response to several comments and to clarify the intent of the FAA, a certificate
holder or a foreign air carrier will be permitted to relocate an X-ray system that does not
meet the new standard, and has therefore been replaced, to a lower category airport (Le.,
an airport with lower screening activity as defined in FAA Order 1650.14, Aviation
Security Handbook) or as approved by the Director of Civil Aviation Security and stall
-meet the requirements in effect prior to July 22, 1985.
ECONOMIC IMPACT
The amendment relating to the language. content of signs at X-ray system locations
'has no cost impact and will save passengers the cost of damaged film; therefore, the
benefits, although not easily quantifiable, exceed the costs.
The amendment relating to improved testing of X-ray systems will impose an
additional cost of about $100 per new X-ray system for the step wedge device. In addition,
the amendment will effectively prohibit the sale of used equipment that does not meet the
new performance standards. About 15 percent of the 830 installed X-ray systems might
not meet the new test standards, and of those about 25 percent might have been made
available for sale as used equipthent for up to $10,000 per system. Therefore, the potential
sales loss is estimated to be $300,000 over a period of 5 to 10 years.
The benefits in terms of improved detection of forbidden items and the resultant
reductions in hijackings and attendant casualty loss are difficult to quantify because they
require estimating the number of forbidden items that would be detected by the new, but
not the old, X-ray machines and the probabilities of such items being used in successful
hijackings. Clearly, only one hijacking resulting in an accident need be prevented or, for
that matter, only one life saved for the benefits to exceed the costs; therefore, it is the
FAA's judgment that, on balance, the rule is beneficial.
There were no comments relating to the costs and benefits of these amendments.
Trude Impact
Since these amendments are applicable only to. U.S. airports and both foreign and
domestic manufacturers of X-ray systems will have to meet the same requirement, there is
no trade impact. There were no comments relating to trade impact.
Reeordkeepingl Reporting Requirements
The recordkeeping requirements contained in S 108.17 have previously been approved
by the Office of Management and Budget under OMB Control Number 2120-0098.
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PART 108
Cowtuition
This amendment does not impose requirements that would result in any significant
burden on the aviation community. Airport signs already contain the proposed language.
The improved X-ray systems would impose a small additional cost of about $100 per new
X?"-ray system, and, in some cases, replaced equipment could not be resold for aircraft
baggage inspection. The additional costs are far outweighed by saving passengers the cost
of damaged film, improved detection of forbidden items, and the resultant reductions in
lejacicings and related costs. Further, the cost of an improved X-ray system would not be
incurred until a new system is installed or the old system is replaced. For these reasons,
and because there are no related cost savings to small entities, I certify that under the
criteria of the Regulatory Flexibility Act, this amendment will not have a significant
economic impact on a substantial number of small entities. In addition, for the same
reasons, it has been determined that the amendment does not involve a major regulation
under Executive Order 12291 and is not significant under DOT Regulatory Policies and
Procedures (44 FR 11034; February 26,1979). A copy of the regulatory evaluation for this
action is contained in the regulatory docket A copy of it may be obtained by contacting the
person identified under the caption "FOR FURTHER INFORMATION CONTACT."
THE AMENDMENTS
In consideration of the foregoing, SS 108.17 and 129.26 of the Federal Aviation
Regulations (14 CFR 108.17 and 129.26) are amended effective July 22, 1985.
Authority: Secs. 313, 315, 316, 317, 601, and 604, Federal Aviation Act of 1958, as
amended (49 U.S.C. 1354, 1356, 1357, 1358, 1421, and 1424); 49 U.S.C. 106(g) (Revised,
Pub. L. 97-449, January 12, 1983).
Amendment 108-2
Transportation of Federal Air Marshals
Adopted: July 3, 1985 Effective: July 8, 1985
(Published in 80 FR 27924, July 8, 1985)
SUMMARY: This emergency regulation requires each certificate holder to whom the
airplane operator security rules apply to carry Federal Air Marshals, in the number and
manner specified by the Administrator, on designated scheduled and public charter
passenger operations. This regulation is needed to respond to recent terrorist activity
against U.S. civil aviation. It is intended to ensure that U.S. civil aviation and U.S. citizens
are not impeded by international terrorism.
Comments must be received on or before August 11, 1985.
ADDRESS: Send comments on this proposal in duplicate to: Federal Aviation
Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-204), Docket No.
24714, 800 Independence Avenue, SW., Washington, D.C. 20591; or deliver comments in
duplicate to: Federal Aviation AdministrationRules Docket, Room 916,800 Independence
Avenue, SW., Washington, D.C. 20591. Comments may be examined in the Rules Docket
on weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. John M. Hunter, Aviation Security
Division (ACS-100), Office of Civil Aviation Security, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, D.C. 20591. Telephone: [phone].
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SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
Because of the emergency need for this regulation, it is being adopted without notice
and public comment. However, the Department of Transportation Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979) provide that, to the maximum extent
possible, DOT operating administrations should provide notice and an opportunity to
conunerit to the public on such emergency regulations after their issuance. Accordingly,
interested persons are invited to comment on this final rule by submitting such written
data, views, or arguments as they may desire. Communications should identify the
regulatory docket and be submitted in duplicate to: Federal Aviation Administration,
Office of the Chief Counsel, Attention: Rules Docket, AGC-204, 800 Independence
Avenue, SW., Washington, D.C. 20591. All communications received on or before August
11, 1985, will be considered by the Administrator, and this amendment may be changed in
light of the comments received. All comments submitted will be available in the Rules
Docket for examination by interested persons.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in
response to this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: "Comments to Docket Number
24714." The postcard will be date and time stamped and returned to the commenter.
? Background
The June 14, 1985, hijacking of Trans World Airlines Flight 847 resulting in the
murder and torture of U.S. citizens is the latest of a continuing series of terrorist attacks
against U.S. aviation and U.S. interests, Government officials, and tourists in Europe and
the Middle East during the 1980's. Accordingly, it has become necessary to undertake
certain actions necessary to protect U.S. aviation in addition to those already mandated by
Part 108 of the Federal Aviation Regulations. To that end, the Secretary of
Transportation has directed the FAA to undertake immediately certain actions necessary
to protect U.S. airline flights in high-risk areas and to expand the FAA Federal Air
? Marshal Program to the extent necessary to ensure safety aboard U.S. air carriers
traveling in all threatened areas.
The purpose of this final rule is to ensure that Federal Air Marshals are used
effectively and efficiently aboard those high-risk flights that the Federal Aviation
Administrator determines should be protected.
Federal officers were first used in the early 1960's to combat the initial spate of
hijackings of U.S. aircraft to Cuba. Following the hijacking and destruction of four
airliners in the Jordanian desert in 1970, "sky marshals" were used in significant numbers
on threatened domestic and international flights. After the implementation of 100 percent
passenger screening in 1970, their use in large numbers was considered unnecessary.
Since then these Federal officers have been used from time to time when their special
understanding of aviation security was needed to fulfill an inflight security function.
There have always been certain critical elements in the effective and efficient use of
Federal Air Marshals. They include ensuring that marshals will be carried aboard those
flights that intelligence information indicates are seriously threatened. This sometimes
requires carriage with very short notice and the "bumping" of a passenger holding a
reservation. Also critical to the effectiveness of the marshal is his or her location in the
passenger cabin. It is important that the marshal or marshals be able to select their seats
so that they may observe and respond to any incident.
This need for access to specific flights was recognized in 1970 when the Civil
Aeronautics Board (CAB) adopted a rule requiring the free transportation of these
officers. That rule is currently contained in S 223.3 of Title 14 of the Code of Federal
Regulations, which has been transferred from the CAB to the Department of
Transportation (DOT) (50 FR 451; January 4, 1985). Section 223.3 provides that every air
carrier shall carry, without charge, on any aircraft that it operates, among other persons,
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"security guards who have been assigned to the duty of guarding such aircraft against
unlawful seizure, sabotage or other unlawful interference, upon the exhibition of such
credentials as may be prescribed by the Administrator of the Federal Aviation
Administration."
Section 223.3 has not been completely successful in meeting the need to properly
position marshals. Some air carriers have denied seating to marshals to accommodate full-
fare passengers. "Dead heading" marshals, who need to reposition themselves for
thirnediate reassignment, are not expressly covered by the rule. Finally, it does not require
the carrier to assign the marshal the seat he or she selects.
The Final Rule
New 5 108.14 provides that each certificate holder shall carry Federal Air Marshals, in
the number and manner specified by the Administrator, on each scheduled passenger
operation and public charter passenger operation specified by the Administrator. In
administering the Federal Air Marshal Program, the FAA intends to provide maximum
coordination with the air carriers involved. This will be done through a national
coordinating center. Consistent with the specific threat to be met, as much notice as
possible will be given of the flights on which marshals will be carried. It is expected that
only in an extreme emergency will it be necessary to deny a confirmed passenger
transportation on a particular flight in order to carry a Federal Air Marshal.
The FAA also plans to carefully coordinate the repositioning of marshals with the air
carriers. It may be occasionally necessary, however, to provide priority transportation to a
marshal to position him or her for response to a specific threat condition. In such an
emergency, it may be necessary to deny transportation to a confirmed passenger. The
FAA will make every effort to avoid such a situation.
Sections 108.14(b) and (c) make it clear that on designated flights marshals must be
carried on a first priority basis and be assigned a seat selected by the marshal. While the
marshal may have some flexibility in accepting certain seating, the final decision as to seat
selection must be made by the marshal.
Finally, S 108.14 restates the provision in S 223.3 that transportation of Federal Air
Marshals while on duty shall be without charge.
Need for Immediate Adoption
Because of the need to respond immediately to the heightened threat to aviation
safety from terrorist hijaCking and sabotage of international flights, I find that notice and
public procedure are impracticable and contrary to the public interest, and that good cause
exists for making this amendment effective in less than 30 days.
Economic Assessment
Because of the emergency need for this regulation, no regulatory evaluation has been
prepared. In accordance with section 11(a) of the Department of Transportation
Regulatory Policies and Procedures. (44 FR 11034; February 26, 1979), a regulatory
evaluation will be prepared and placed in the public docket, unless an exception is granted
by the Secretary of Transportation. For this reason and in accordance with section 8(a) (1)
of Executive Order 12291, I find that following the procedures of that Executive Order is
impracticable.
Because none of the certificate holders affected by this regulation is a small entity, this
regulation will not have a significant economic impact on a substantial number of small
entities.
CONCLUSION: In accordance with section 8(a) (1) of Executive Order 12291, because of
the emergency need for this regulation, the procedures in that Executive Order have not
been followed. In view of the substantial public interest in the matter of aviation security
as a result of the current threat situation, this regulation is considered significant under
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the Department of Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). Since no small entities will be affected by the proposed rule, it is
certified that, under the criteria of the Regulatory Flexibility Act, the rule will not have a
significant economic impact on a substantial number of entities. A copy of the regulatory
evaluation to be prepared for this project will be placed in the public docket, unless an
exceptio, is granted by the Secretary of Transportation.
THE AMENDMENT
Accordingly, Part 108 of the Federal Aviation Regulations (14 CFR Part 108) is
amended, effective July 8, 1985.
AUTHORITY: 49 U.S.C. 1354, 1356, 1357, 1358, 1421, and 1424; 49 U.S.C. 106(g)
(revised, Pub. L. 97-449, January 12, 1983).
Amendment 108-3
Aviation Security: Coordination and Training
Adopted: July 11, 1985 , Effective: July 11, 1985
(PublIshol In 50 FR 25392, July 16, 1935)
SUMMARY: Because of the current level of threat, this emergency regulation requires
each certificate holder to whom the airplane operator security rules apply to have
employees identified and trained as Security Coordinators for international and domestic
flights, in accordance -with its approved security program. It also requires certificate
holders to provide security training for all crewmembers to the extent necessary to
prepare each crewmember to respond adequately to various levels and types of threats.
This regulation is needed to respond to recent terrorist attacks against U.S. civil aviation.
It is intended to protect U.S. civil aviation against international terrorism.
Section 108.27 does not become effective until notice of approval of the reporting
requirement therein by the Office of Management and Budget is published in the Federal
Register. Comments must be received on or before August 30, 1985.
ADDRESSES: Send comments on this amendment in duplicate to: Federal Aviation
Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-204), Docket No.
24719, 800 Independence Avenue, SW., Washington, D.C. 20591; or deliver comments in
duplicate to: Federal Aviation Administration, Rules Docket, Room 916, 800
Independence Avenue, SW., Washington, D.C. 20591. Comments may be examined in the
Rules Docket on weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Donnie Blazer, Aviation Security
Division (ACS-100), Office of Civil Aviation Security, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, D.C. 20591. Telephone: [phone].
SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
Because of the emergency need for this amendment, it is being adopted without notice
and public comment. However, the Department of Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034; February 26, 1979) provide that, to the maximum
extent possible, DOT operating administrations should provide notice and an opportunity
for the public to comment on such emergency regulations after their issuance.
Accordingly, interested persons are invited to comment on this final rule by submitting
such written data, views, or arguments as they may desire. Communications should
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P-18 PART 108
identify the regulatory docket and be submitted in duplicate to: Federal Aviation
Administration, Office of the Chief Counsel, Attention: Rules Docket, AGC-204, Docket
No. 24719, 800 Independence Avenue, SW., Washington, D.C. 20591. All comments
.submitted will be available in the Rules Docket for examination by interested persons. This
amendment may be changed in light of the comments received.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in
/response to this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: "Comments to Docket No. 24719."
The postcard will be date and time stamped and returned to the commenter.
Background
The June 14, 1985, hijacking of Trans World Airlines Flight 847 resulting in the
murder, torture, and kidnapping of U.S. citizens is the latest in a continuing series of
terrorist attacks against U.S. aviation and U.S. interests, Government officials, and
tourists in Europe, the Middle East, and throughout the world during the 1980's.
Accordingly, it has become necessary to undertake certain actions to protect U.S. aviation
in addition to those already mandated by Part 108 of the Federal Aviation Regulations. To
that end, it is necessary that the FAA immediately undertake certain actions to protect
U.S. civil aviation and U.S. citizens in high-risk areas and throughout the world.
Security Coordination
One action effected by this amendment is to enhance the coordination and supervision
of the security provided for domestic and international flights. In view of the current level
of threat, this amendment requires each certificate holder to whom the airplane operator
security rules apply to provide a ground and an inflight Security Coordinator for each
international and domestic flight, in accordance with its approved security program. This
amendment further requires that the pilot in command (PIC) be designated as the inflight
Security Coordinator.
The function of the Security Coordinators will be to ensure that all necessary security
requirements are met prior to departure and while in flight. The duties of the ground
Security Coordinator will be specified in the certificate holder's approved security
? program and will include monitoring the security requirements in effect for the following:
(1) Screening for the flight; (2) access to the airplane; (3) airplane servicing (including
fueling and catering); (4) ground support for inflight emergency response; (5) air
operations area security; and (6) baggage and cargo acceptance and loading. The duties of
the inflight Security Coordinator will also be specified in the security program and will
include: (1) Reviewing, with the ground Security Coordinator, pertinent security
information for the specific flight; (2) prior to beginning a flight or a series of flights with a
particular crew, briefing the crew on the specific manner in which the PIC wants inflight
incidents to be managed; (3) prior to each flight segment, briefing the crew on any
significant irregularities or occurrences that may affect the security of the flight; and (4)
on completion of a flight or aeries of flights, briefing the certificate holder on any
significant incidents or occurrences, in accordance with the procedures established by the
certificate holder.
New S 108.23(a) requires that each designated Security Coordinator satisfactorily
complete the training as specified in the certificate holder's approved security program,
within the preceding 12 calendar months. New S 108.7(b) (7) requires the curriculum for
all required security training for ground and inflight Security Coordinators to be specified
in the certificate holder's approved security program which is approved by the Principal
Security Inspector. Based on the present level of threat, the air carrier's security program
will require a maximum of 40 hours of initial training, as well as a minimum of 8 hours of
annual recurrent training, for the ground Security Coordinator.
Pilots in command designated as inflight Security Coordinators will receive
substantial training on inflight Security Coordinator duties during initial and recurrent
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PART 108 P49
training. As with other crewmembers, the pilot in command will be required to receive a
minimum of 8 hours of initial training, including training directed at the functions and
responsibilities of the inflight Security Coordinators, as well as annual recurrent training.
Crermember Security Training
The second action considered essential is to provide all crewmembers with expanded
security training. In particular, this amendment will result in all air carrier crewmembers
having a significantly increased capability of responding to hijack attempts and other
criminal acts. To that end, significantly enhanced initial and recurrent training is being
required for crewmembers.
New S 108.23(b) prohibits the use by a certificate holder of any person as a
crewmember unless, within the preceding 12 calendar months, that person has
satisfactorily completed the training as specified in the certificate holder's approved
security program. All required security training for crewmembers must be specified in the
certificate holder's approved security program and integrated in the certificate holder's
approved training program which is approved by the Principal Operations Inspector in
coordination with the Principal Security Inspector. For the crewmember training
provisions of an air carrier security program to be approved by the FAA, the training
program must provide 8 hours of initial security training, as well as annual recurrent
training. Where the trainee is to act as pilot in command, this training will include
significant emphasis on Security Coordinator duties and responsibilities. Each certificate
holder is required to submit a separate curriculum for each type of training.
Evidence of Compliance
In order to ensure effective compliance with these amendments and other provisions,
new 5 108.27 provides that, on request of the Administrator, each certificate holder shall
provide evidence of compliance with this Part and its approved security program. In
accordance with the Paperwork Reduction Act of 1980 (P.L.96-511), this new reporting
provison will be submitted for approval to the Office of Management and Budget (OMB).
New 5108.27 will not become effective until OMB approval has been received and notice
of that approval is published in the Federal Register. Comments on this provision should
be submitted to the Office of Information and Regulatory Affairs (OMB), New Executive
Office Building, Room 3001, Washington, D.C. 20503; Attention: FAA Desk Officer
(Telephone: [phone]). A copy should be submitted to the FAA Docket.
Need for Immediate Adoption
Because of the need to respond immediately to the heightened threat to civil aviation
from terrorist hijackings and sabotage, I find that notice and public procedure are
impracticable and contrary to the public interest, and that good cause exists for making
this amendment effective in less than 30 days.
Economic Assessment
Because of the emergency need for this regulation, no regulatory evaluation has been
prepared. In accordance with section 11(a) of the Department of Transportation
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979), a regulatory
evaluation will be prepared and placed in the public docket, unless an exception is granted
by the Secretary of Transportation. For this same reason and in accordance with section
8(a) (1) of Executive Order 12291, I find that following the procedures of that Executive
Order is impracticable.
CONCLUSION: In accordance with section 8(a) (1) of Executive Order 12291, because of
the emergency need for this regulation, the procedures in that Executive Order have not
been followed. In view of the substantial public interest in the matter of aviation security
as a result of the current threat situation, this regulation is considered significant under
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PART 108
the Department of Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26,1979). A copy of the regulatory evaluation to be prepared for this project will
be placed in the public docket, unless an exception is granted by the Secretary of
Transportation.
THE AMENDMENT
Accordingly, Part 108 of the Federal Aviation Regulations (14 CFR Part 108) is
amended effective July 11, 1985.
AUTHORITY: 49 U.S.C. 1854, 1356, 1357, 1858, 1421, and 1424, 49 U.S.C. 106(g)
(revised, Pub. L. 97-449, January 12, 1983).
Amendment 108-4
Airport and Airplane Operator Security Rules
Adopted: January 3,1986 Effective: January 10,1986
(PulbAshsd In 61 FR 1350, ,January 10,1358)
SUMMARY: This final rule makes a number of minor substantive and editorial changes in
the airport and airplane operator security rules regarding the carrying of an explosive, an
incendiary, or a deadly or dangerous weapon and the entry of persons into sterile areas.
They are needed to provide consistency within the rules and to ensure that the rules are
given their intended effect. These amendments are being adopted to further enhance
airport and air carrier security in response to the current heightened threat to U.S. civil
aviation throughout the world.
j Comments must be received on or before February 10, 1986.
ADDRESSES: Send comments on this amendment in duplicate to: Federal Aviation
Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-204), Docket No.
24883, 800 Independence Avenue, S.W., Washington, D.C. 20591; or deliver comments in
duplicate to: Federal Aviation Administration, Rules Docket, Room 916, 800
Independence Avenue, S.W., Washington, D.C. 20591. Comments may be examined in the
Rules Docket on weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Donnie Blazer, Aviation Security
Division (ACS-100), Office of Civil Aviation Security, Federal Aviation Administration,
800 Independence Avenue, S.W., Washington, D.C. 20591; Telephone: [phone].
SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
These regulations are being adopted without notice and public comment. However,
the Regulatory Policies and Procedures of the Department of Transportation (DOT) (44
FR 11034; February 26, 1979) provide that, to the maximum extent possible, DOT
operating administrations should provide an opportunity for public comment, after
issuance, for regulations issued without prior notice. Accordingly, interested persons are
invited to comment on this final rule by submitting such written data, views, or arguments
as they may desire. Communications should identify the regulatory docket and be
submitted in duplicate to: Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket, AGC-204, Docket No. 24883, 800 Independence Avenue, S.W.,
Washington, D.C. 20591. All comments submitted will be available in the Rules Docket for
examination by interested persons. This amendment may be changed in light of the
comments received.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: "Comments to Docket No. 24883."
The postcard will be date and time stamped and returned to the commenter.
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PART 108 P-21
BACKGROUND
The*June 14,1985, hijacicing of Trans World Airlines Flight 847 resulted in the torture
and kidnapping of U.S. citizens and the murder of one U.S. citizen. It was one of the latest
In a kntinuing series of terrorist attacks against U.S. aviation and U.S. interests,
Goverment officials, and tourists in Europe, the Middle East, and throughout the world
during the 1980's. To combat this threat, the FAA undertook certain actions to protect
U.S. civil aviation and U.S. citizens in designated areas and throughout the world.
On July 3, 1985, the FAA issued Amendment No. 108-2(50 FR 27924; July 8, 1985)
providing for the transportation of Federal Air Marshals, in the number and manner
specified by the Administrator, on designated scheduled and public charter passenger
operations. The purpose of that rule is to ensure that Federal Air Marshals are used
effectively and efficiently for those high-risk flights that the Federal Aviation
Administrator determines should be protected.
On July 11, 1985, the FAA issued Amendment No. 108-3 (50 FR 28892; July 16, 1985)
requiring each certificate holder to whom the airplane operator security rules apply to
have individuals identified and trained as Security Coordinators for international and
domestic flights, in accordance with its approved security program. It also required
certificate holders to provide security training for all crewmembers to the extent
necessary to prepare each crevrmember to repsond adequately to various levels and types
of threats.
This final rule is being issued to make a number of minor changes to Parts 107 and 108
of the Federal Aviation Regulations (FAR) that will provide consistency within the rules
and ensure that they are given their intended effect.
Submission to Screening
For the most part, the general public now accepts the screening of their person and
carry-on articles as a minor inconvenience. They view it as a small price to pay for the
security of their persons while flying. Nonpassengers entering a sterile area generally
understand that they too must be screened in order to ensure the security of the area.
There have been instances, however, in which nonpaasengers have refused to be
screened and intentionally entered a sterile area. Even when these persons turn out to be
unarmed and have no intention of hijacking or sabotaging an aircraft, their presence
requires an appropriate security response. That need to respond disrupts the orderly
conduct of passenger screening and requires the diversion of security personnel from
other duties. Should another incident constituting a genuine security threat occur at the
same time, the ability to respond could be seriously compromised.
To prevent such occurrences, Part 107 is being amended to add a new 5 107.20 that
provides that no person may enter a sterile area without submitting to the screening of his
or her person and property in accordance with the procedures being applied to control
access to that area by a U.S. air carrier under S 108.9 or a foreign air carrier under
S 129.25. Persons violating this prohibition would be subject to a civil penalty of $1,000 for
each violation.
Deadly or Dangerous Weapon
Section 107.21 provides that, with certain exceptions, no person may have a firearm,
an explosive, or an incendiary device on or about the individual's person or accessible
property when presenting himself or herself for screening or when entering or in a sterile
area. It states precisely the point at which a person may not have a prohibited item in his
or her possession.
The prohibited items were intended to correspond to those which the certificate holder
must keep out of the sterile area in accordance with Part 108 of the FAR and its approved
security program. Section 108.9 requires the certificate holder to use the procedures in its
security program to prevent or deter the carriage aboard its airplanes of any explosive,
Incendiary device, or "deadly or dangerous weapon." A similar provision in 5129.25
applies to foreign air carriers.
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P-22 PART 108
The FAA has determined that the term "(rearm" in S 107.21 should be replaced with
"deadly or dangerous weapon," in order to be consistent with the terminology that is used
elsewhere in the security regulations. Accordingly, S 107.21 is being amended to prohibit
passengers from presenting themselves for screening with a deadly or dangerous weapon
acceslhle to them. The effect of this amendment will be to broaden the rule to prohibit
certafri items at the screening point in addition to firearms. They would include such items
as mace and certain knives. The passenger, however, already is prohibited from carrying
any deadly or dangerous weapon on board the aircraft under 5108.11.
Incendiary Devices
Parts 107 and 108 currently prohibit the possession of an incendiary device while
passing through the screening point, in a sterile area, or aboard the airplane. An
"incendiary device" is generally considered to be anything which can cause a fire by
ignition. An incendiary, such as gasoline, whether or not a means of ignition is attached to
it, has been considered an incendiary "device" for purposes of the rule because cigarette
lighters and other ignition sources are readily available. To avoid too narrow an
interpretation of the rule, "incendiary device" is being replaced by "incendiary" wherever
the phrase appears in Part 107 and Part 108. .
Applicability of Part 108
A number of provisions in Part 108 apply to passengers and to certain persons on
airports. Section 108.11(a) and (b) prohibit the carriage of a deadly or dangerous weapon
on or about the person of a passenger aboard an airplane unless certain conditions are
met. This prohibition specifically applies to a certificate holder in the conduct of an
operation with an airplane for which security screening is required by Part 108. The
prohibition applies to passengers aboard airplanes for which screening is required and also
to passengers on airplanes for which screening is not required. In the latter case, the rule
does not apply to the certificate holder since it does not screen passengers.
Section 108.11(c) prohibits certificate holders from transporting, and passengers from
tendering for transport, in checked baggage any explosive, incendiary device, or loaded
firearm. An unloaded firearm may be tendered for transport and transported, if the
conditions in 5 108.11(d) are met. :
Section 108.21 prescnbes requirements for the carriage of passengers under the
control of armed law enforcement escorts. In addition to requirements imposed on the
certificate holder, paragraph (c) of the section requires the law enforcement officer at all
times to accompany and keep under surveillance the escorted person while aboard the
airplane. Paragraph (d) prohibits the law enforcement escort and any passenger under his
or her control from drinking any alcoholic beverage while aboard the airplane.
It is clear on the face of these provisions that they apply to persons aboard airplanes
being operated by certificate holders, not just to certificate holders themselves, and to
persons at airports where operations by certificate holders are being conducted. However,
the general statement of the applicability of Part 108 ($108.1) does not include reference
to these persons. To remedy this editorial oversight, this section is being amended to state
that the Part applies not only to certificate holders, but also to persons aboard their
airplanes and at airports where certificate holders conduct their operations.
: Editorial Correction
This final amendment replaces the reference in 5107.21 to former 5 121.585. This
reference should have been replaced with 5108.11 when Part 108 was adopted.
NEED FOR IMMEDIATE ADOPTION
These amendments are needed to ensure the overall effectiveness of the aviation
security regulations in a time of heightened threat. The minor substantive changes
conform to the general public understanding of the meaning and purpose of security
screening requirements. The current behavior of the public and certificate holders already
conforms to these changes. Other changes are of an editorial nature.
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PART 108
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For these reasons, notice and public procedure are impracticable, unnecessary, and
contrary to the public interest, and good cause exists for making this amendment effective
i?less than 30 days. Moreover, publication for prior comment would not reasonably be
?ected to result in the receipt of useful information on these changes to the regulations.
lji accordance with DOT Regulatory Policies and Procedures, an opportunity for public
cohunent after publication is being provided.
ECONOMIC ASSESSMENT
These are minor substantive and editorial amendments. They are not expected to
change the behavior patterns of passengers and other persons on airports who comply
with them or to impose any additional burdens. For this reason, no economic impact is
expected to result. In addition, the amendments would have no impact on trade
opportunities for U.S. firms doing business overseas or on foreign firms doing business in
the United States.
CONCLUSION: These amendments are not expected to change the behavior patterns of
passengers and other persons on airports who .comply with them or to impose any
additional burdens. Therefore, the FAA has determined that this amendment involves a
regulation which is not major under Executive Order 12291 or significant under the
Department of Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). For this same reason, it is certified that this amendment will not have
a significant economic impact, positive or negative, on a substantial number of small
entities. Because of the absence of any costs connected with the proposal, the FAA has
determined that the expected impact on the amendment is so minimal that it does not
warrant an evaluation.
THE AMENDMENT
Accordingly, Parts 107 and 108 of the Federal Aviation Regulations (14 CFR Parts
107 and 108) are amended effective January 10, 1986.
AUTHORITY: 49 U.S.C. 1354, 1356, 1357, 1358, and 1421, 1424, and 1511; 49 U.S.C.
106(g) (revised, Pub. L. 97-449, January 12, 1983).
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P-24 PART 108
Amendment 108-3A
Announcement of Effective Date of ? 108.27
Evidence of Compliance with Security Programs
Adopted: December 3, 1986 Effective: December 12, 1986
(Published In 51 FR 44576, December 12,1988)
SUMMARY: This notice announces the effective,s date of the Federal Aviation Regulation
that requires certificate holders to provide evidence of compliance with the airplane
operator security rules and their approved security programs. This new reporting
requirement is needed to ensure that all certificate holders provide FAA Security
Inspectors access to information that will demonstrate compliance. It can now become
effective because approval has been received from the Office of Management and Budget.
FOR FURTHER INFORMATION CONTACT: Mr. Donnie Blazer, Civil Aviation Security
Division (ACS400), Office of Civil Aviation Security, Federal Aviation Administration,
800 Independence Avenue, S.W., Washington, D.C. 20591; Telephone: [phone].
SUPPLEMENTARY INFORMATION:
BACKGROUND
On July 16, 1985, a final rule was published, amending Part 108 of the Federal
Aviation Regulations (50 FR 28892; Amdt. No. 108-3). This rule adopted a new 5 108.27,
which provides that, on request of the Administrator, each certificate holder shall provide
evidence of compliance with Part 108 and the certificate holder's approved security
program. The section seeks to ensure effective compliance with, among other things, the
training requirements added to Part 108 by Amendment 108-3. In accordance with the
Paperwork Reduction Act of 1980 (Pub. L. 96-511), the new reporting provision was
submitted for approval to the Office of Management and Budget (OMB). The Final Rule
stated that S 108.27 would not become effective until OMB approval was received and
notice of that approval was published in the Federal Register.
OMB APPROVAL
OMB approval for the new reporting requirement was received on August 18, 1986.
OMB consolidated the approval number for S 108.27 with the previous approval number
for the other reporting requirements in Part 108. That number appears in S 11.101.
DISCUSSION OF COMMENTS
Comments were invited on Amendment 108-3. Of the six comments received, only
one, from the Air Transport Association of America (ATA), objects to the 5 108.27
reporting requirements. The ATA alleges that this requirement is a "profound and
fundamental change" in enforcement procedures that is "unprecedented." It contends
that the compliance mechanism contemplated by the regulation is not consistent with that
"traditionally used by the FAA to enforce certificate holder compliance with other parts of
the Federal Aviation Regulations." The ATA suggests that "the potential administrative
and paperwork burdens on both certificate holders and the FAA could be enormous
without any redeeming compliance benefits."
The FAA has considered ATA's comments on new 5 108.27. The FAA continues to
believe, however, that in an age of heightened terrorism, this reporting requirement is
necessary to ensure the highest level of safety in air transportation for Americans, in
accordance with the Federal Aviation Act of 1958. The provision is not intended to be a
harbinger of a change in FAA enforcement practice. In the past, the FAA has routinely
examined certificate holders' training records and other evidence of compliance with the
security requirements of Part 108. For the most part, certificate holders have cooperated
with FAA Civil Aviation Security Inspectors, showing their willingness to ensure the
effective implementation of required security measures and to demonstrate their own
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PART 108
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dedication to combatting the current threat of terrorism. The size and complexity of the
current security effort make this cooperation essential for the FAA's performance of its
Ile in aviation security. Section 108.27 is intended to provide a sanction for the small
niimber of persons who would impede the task of monitoring that effort. It is not expected
*result in an increased burden on either Part 108 certificate holders or the FAA.
I
IMMEDIATE EFFECTIVE DATE
Iln view of the fact that new S 108.27 was published on July 16,1985, and that the need
to ensure effective compliance with Part 108 continues under the undiminished threat of
terrorism to civil aviation, S 108.27 is being made effective December 12, 1986.
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Part 108?Airplane Operator Security
11 108.1 Applicability.
[(a) This Part prescribes aviation security
rules governing?
[(1) The operations of holders of FAA air
carrier operating certificates or operating
- certificates engaging in scheduled passenger
operations or public charter passenger opera-
tions;
? [(2) Each person aboard an airplane
operated by a certificate holder described in
paragraph (aX1) of this section; and
[(3) Each person in an airport at which the
operations described in paragraph (aX1) of
this section are conducted.
[(b) This Part does not apply to helicopter or
to all-cargo operations.]
108.3 Definitions.
The following are definitions of terms used in
this Part:
(a) "Certificate holder" means a person
holding an FAA operating certificate when that
person engages in scheduled passenger or public
charter passenger operations or both.
(b) "Passenger seating configuration" means
the total number of seats for which the aircraft
is type certificated that can be made available
for passenger use aboard a flight and includes
that seat in certain airplanes which may be used
by a representative of the Administrator to con-
duct flight checks but is available for revenue
purposes on other occasions.
(c) "Private charter" means any charter for
which the charterer engages the total capacity
of an airplane for the carriage of:
(1) Passengers in civil or military air
movements conducted under contract with
the Government of the United States .or the
Government of a foreign country; or
(2) Passengers invited by the charterer, the
cost of which is borne entirely by the
charterer and not directly or indirectly by the
individual passengers.
Cti. 2 (Arndt 101-4, Efl. 11101112)
(d) "Public charter" means any charter that
is not a "private charter."
(e) "Scheduled passenger operations" means
holding out to the public of air transportation
service for passengers from identified air ter-
minals at a set time announced by timetable or
schedule published in a newspaper, magazine, or
other advertising medium.
(?) "Sterlle. area" means an area to which ac-
cess is controlled by the inspection of persons
and property in accordance with an approved
security program or a security program used in
accordance with S 129.25.
I 108.5 Sacurity program: adoption and
Implementation.
(a) Each certificate holder shall adopt and carry
out a security program that meets the re-
quirements of 5108.7 for each of the following
scheduled or public charter passenger operations:
(1) Each operation with an airplane having
a passenger seating configuration of more
than 60 seats.
(2) Each operation that provides deplaned
passengers access, that is not otherwise con-
trolled by a certificate holder using an
approved security program or a foreign air
carrier using a security program required by
S 129.25, to a sterile area.
(3) Each operation with an airplane having
a passenger seating configuration of more
than 30 but less than 61 seats; except that
those parts of the program effecting com-
pliance with the requirements listed in
5 108.7(bX1), (2), and (4) need only be im-
plemented when the Director of Civil Avia-
tion Security or a designate of the Director
notifies the certificate holder in writing that a
security threat exists with respect to the
operation.
(b) Each certificate holder that has obtained
FAA approval for a security program for opera-
tions not listed in paragraph (a) of this section
shall carry out the provisions of that program.
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AIRPLANE OPERATOR SECURITY PART 108
(4) Restrict the availability of information
contained in the security program to those
persons with an operational need-to-know;
and
(5) Refer requests for such information by
other persons to the Director of Civil Aviation
Security of the FAA.
$1011.7 Security program fonn, content, and :
(a) Each secttAty program required by
S 108.5 shall? -
(1) Provide for the safety of persons and
property traveling in air transportation and
Intrastate air transportation against acts of
criminal violence and air piracy;
(2) Be in writing and signed by the cer-
tificate holder or any person delegated
authority in this matter;
(3) Include the items listed in paragraph (b)
of this section, as required by S 108.5; and
(4) Be approved by the Administrator.
(b) Each security program required by
S 108.6 must include the following, as required
by that section:
(1) The procedures and a description of the
facilities and equipment used to perform the
screening functions specified in 5108.9.
(2) The procedures and a description of the
facilities and equipment used to perform the
airplane and facilities control functions
specified in 5 108.13.
(3) The procedures used to comply with the
applicable requirements of 5 108.15 re-
garding law enforcement officers.
(4) The procedures used to comply with the
requirements of S 108.17 regarding the use of
X-ray systems.
(5) The procedures used to comply with the
requirements 5 108.19 regarding bomb and
air piracy threats.
(6) The procedures used to comply with the
applicable requirements of 5 108.10.
(7) The curriculum used to accomplish the
training required by 5 108.23.
(c) Each certificate holder having an ap-
proved security program shall?
(1) Maintain at least one complete copy of
the approved security program at its principal
business office;
(2) Maintain a complete copy or the perti-
nent portions of its approved security
program or appropriate implementing in-
structions at each airport where security
screening is being conducted;
(3) Make these documents available for in-
spection upon request of any Civil Aviation
Security Inspector;
104.9 Screening of passengers and property.
[(a) Each certificate holder required to con-
duct screening under a security program shall
use the procedures included, and the facilities
and equipment described, in its approved se-
curity program to prevent or deter the carriage
aboard airplanes of any explosive, incendiary, or
a deadly or dangerous weapon on or about each
individual's person or accessible propezty, and
the carriage of any explosive or incendiary in
checked baggage.]
(b) Each certificate holder required to con-
duct screening under a' security program shall
refuse to transport?
(1) Any person who does not consent to a
search of his or her person in accordance with
the screening system prescribed in paragraph
(a) of this section; and
(2) Any property of any person who does
not consent to a search or inspection of that
property in accordance with the screening
system prescribed by paragraph (a) of this
section.
11108.10 Prevention and management of
hijackings and sabotage attempts.
(a) Each certificate holder shall?
(1) Provide and use a Security Coordinator
on the ground and in flight for each interna-
tional and domestic flight, as required by its
approved security program; and
(2) Designate the pilot in command as the
inflight Security Coordinator for each flight,
as required by its approved security program.
(b) Ground Security Coordinator. Each ground
Security Coordinator shall carry out the ground
Security Coordinator duties specified in the cer-
tificate holder's approved security program.
(c) Wight Security Coordinator. The pilot in
command of each flight shall carry out the in-
flight Security Coordinator duties specified in the
certificate holder's approved security program.
Ch. 2 (Arndt. 1011-4, 01. 1110/112)
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PART 108
AIRPLANE OPERATOR SECURITY 3 ?
? 108.11 Carr.logo of weapons.
(a) No certificate holder required to conduct
screening under a security program may permit
any person to have, nor may any person have,
on or about his or her person or property,, a
deadly or dangerous weapon, either concealed
or unc6ncealed, accessible to him or her while
aboard an airplane for which screening is re-
quired unless:
(1) The person having the weapon is?
(i) An official or employee of the United
States, or a State or political subdivision of
- a State, or of a municipality who is
authorized by his or her agency to have the
weapon; or
(ii) Authorized to have the weapon by the
certificate holder and the Administrator
and has successfully completed a course of
training in the use of firearms acceptable to
the Administrator.
(2) The person having the weapon needs to
have the weapon accessible in connection
with the performance of his or her duty from
the time he or she would otherwise check it in
accordance with paragraph (d) of this section
until the time it would be returned after
deplaning.
(3) The certificate holder is notified?
(i) Of the flight on which the armed per-
son intends to have the weapon accessible
to him or her at least 1 hour, or in an
emergency as soon as practicable, before
departure; and
(ii) When the armed person is other than
an employee or official of the United
States, that there is a need for the weapon
to be accessible to the armed person in con-
nection with the performance of that per-
son's duty from the time he or she would
otherwise check it in accordance with
paragraph (d) of this section until the time
it would be returned to him or her after
deplaning.
(4) The armed person identifies himself or
herself to the certificate holder by presenting
credentials that include his or her clear, full-
face picture, his or her signature, and the
signature of the authorizing official of his or
her service or the official seal of his or her
Ch. 2 (Arndt 106-4, Eft. 1110166)
service. A badge, shield, or similar device
may not be used as the sole means of
identification.
(5) The certificate holder?
(i) Ensures that the armed person is
familiar with its procedures for carrying a
deadly or dangerous weapon aboard its
airplane before the time the person boards
the airplane;
(ii) Ensures that the identity of the
armed person is known to each law en-
forcement officer and each employee of the
certificate holder responsible for security
during the boarding of the airplane; and
(iii) Notifies the pilot in command, other
appropriate crewmembers, and any other
person authorized to have a weapon ac-
cessible to him or her aboard the airplane of
the location of each authorized armed per-
son aboard the airplane.
(b) No person may, while on board an airplane
operated by a certificate holder for which
screening is not conducted, carry on or about
that person a deadly or dangerous weapon,
either concealed or unconcealed. This paragraph
does not apply to?
(1) Officials or employees of a municipality
or a State, or of the United States, who are
authorized to carry arms; or
(2) Crewmembers and other persons
authorized by the certificate holder to carry
arms.
[(c) No certificate holder may knowingly per-
mit any person to transport, nor may any per-
son transport or tender for transport, any ex-
plosive, incendiary, or a loaded firearm in check-
ed baggage aboard an airplane. For the purpose
of this section, a loaded firearm means a firearm
which has a live round of ammunition, cartridge,
detonator, or powder in the chamber or in a clip,
magazine, or cylinder inserted in it.)
? '(d) No certificate holder may knowingly per-
mit any person to transport, nor may any
person transport or tender for transport, any
unloaded firearm in checked baggage aboard an
airplane unless?
(1) The passenger declares to the cer-
tificate holder, either orally or in writing
before checking the baggage, that any
firearm carried in the baggage is unloaded;
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AIRPLANE OPERATOR SECURITY PART 108
(2) The firearm is carried in a container the
certificate holder considers appropriate for
air transportation;
(3) When tile firearm is other than a
shotgun, riflejor other firearm normally fired
from the shoulder position, the baggage in
which it is carried is locked, and only the
passenger checking the baggage retains the
key or combination; and
(4) The baggage containing the firearm is
carried in an area, other than the flightcrew
compartment, that is inaccessible to pas-
sengers.
? (e) No certificate holder may serve any
alcoholic beverage to a person having a deadly
or dangerous weapon accessible to him or her
nor may such person drink any alcoholic
beverage while aboard an airplane operated by
the certificate holder.
(f) Paragraphs (a), (b), and (d) of this section
do not apply to the carriage of firearms aboard
air carrier flights conducted for the military
forces of the Government of the United States
when the total cabin load *of the airplane is under
exclusive use by those military forces if the
following conditions are met:
(1) No firearm is loaded and all bolts to
such firearms are locked in the open position;
and
(2) The certificate holder is notified by the
unit commander or officer in charge of the
flight before boarding that weapons will be
carried aboard the aircraft.
108.13 Socurlty of airplanes and facilities.
Each certificate holder required to conduct
screening under a security program shall use
the procedures included, and the facilities and
equipment described, in its approved security
program to perform the following control func-
tions with respect to each airplane operation for
which screening is required:
(a) Prohibit unauthorized access to the
airplane.
? (b) Ensure that baggage carried in the
airplane is checked in by a responsible agent and
that identification is obtained from persons,
other than known shippers, shipping goods or
cargo aboard the airplane.
(c) Ensure that cargo and checked baggage
:carried aboard the airplane is handled in a man-
ner that prohibits unauthorized access.
(d) Conduct a security inspection of the
airplane before placing it in service and after it
has been left unattended.
(1 108.14 Transportation of Federal Air Marshals
[(a) Each certificate holder shall carry
Federal Air Marshals, in the number and man-
ner specified by the Administrator, on each
scheduled and public charter passenger opera-
tion designated by the Administrator.
[(b) Each Federal Air Marshal shall be car-
ried on a first priority basis and without charge
while on official duty, including repositioning
flights.
[(c) Each certificate holder shall assign the
specific seat requested by a Federal Air Marshal
who is on official duty.)
108.15 Law enforcement officers.
(a) At airports within the United States. not
governed by Part 107 of this chapter, each cer-
tificate holder engaging in scheduled passenger
or public charter passenger operations shall?
(1) If security screening is required for a
public charter operation by S 108.5(a), or for a
scheduled passenger operation by S 108.5(b)
provide for law enforcement officers meeting
the qualifications and standards, and in the
number and manner specificed, in Part 107;
and
(2) When using airplanes with a passenger
seating configuration of 31 through 60 seats
in a public charter operation for which screen-
ing is not required, arrange for law enforce-
ment officers meeting the qualifications and
standards specified in Part 107 to be available
to respond to an incident, and provide to its
employees, including crewrnembers, as ap-
propriate, current information with respect
to procedures for obtaining law enforcement
assistance at that airport.
(b) At airports governed by Part 107 of this
chapter, each certificate holder engaging in
scheduled or public charter passenger opera-
tions, when using airplanes with a passenger
seating configuration of 31 through 60 seats for
which screening is not required, shall arrange
for law enforcement officers meeting the
qualifications and standards specified in Part
Ch. 1 (Arndt. 101-2, Eft. 111185)
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PART 108
AIRPLANE OPERATOR SECURITY 5
107 to be available to respond to an incident and
provide its employees, including crewmembers,
as appropriate, current information with
respect to proqedures for obtaining this law en-
forcement assirtance at that airport.
? U 108.17 Us* of X-ray systems.
1(a) No certificate holder may use an X-ray
system within the United States to inspect
carry-on or checked articles unless specifically
authorized under a security program required
by S 108.5 of this Part or use such a system
contrary to its approved security program. The
Administrator authorizes certificate holders to
use X-ray systems for inspecting carry-on or
checked articles under an approved security
program if the certificate holder shows that?)
(1) For a system manufactured before
April 25, 1974, it meets either the guidelines
issued by the Food and Drug Administration
(FDA), Department of Health, Education,
and Welfare (HEW) and published in the
Federal Register (38 FR 21442, August 8,
1973); or the performance standards for
cabinet X-ray systems designed primarily for
the inspection of carry-on baggage issued by
the FDA and published in 21 CFR 1020.4 (39
FR 12985, April 10, 1974);
(2) For a system manufactured after April
24, 1974, it meets the standards for cabinet
X-ray systems designed primarily for the in-
spection of carry-on baggage issued by the
FDA and published in 21 CFR 1020.40 (39 FR
12985, April 10, 1974);
(3) A program for initial and recurrent
training of operators of the system is estab-
lished, which includes training in radiation
safety, the efficient use of X-ray systems, and
the identification of weapons and other dan-
gerous articles;
1(4) Procedures are established to ensure
that each operator of the system is provided
with an individual personnel dosimeter (such
as a film badge or thermoluminescent dosim-
eter). Each dosimeter used shall be evaluated
at the end of each calendar month, and rec-
ords of operator duty time and the results of
dosimeter evaluations shall be maintained by
the certificate holder; and
1(5) The system has a capability of meeting
the imaging requirements set forth in an ap-
Ch. 1 Omit. 1011-1, Eh. 7122115)
proved Air Carrier Security Program using
the step wedge specified in American Society
for Testing and Materials Standard F792-82,
except that a system in use prior to July 22,
1985 may meet the requirements of this para-
graph in effect on July 21, 1985, in lieu of this
requirement until the system is replaced. A
system may be relocated to a lower category
airport or as approved by the Director of Civil
Aviation Security. A relocated system may
meet the requirements of this paragraph in
effect on July 21, 1985, in lieu of this require-
ment until the relocated system is replaced.)
(b) No certificate holder may use an X-ray
system within the United States unless within
the preceding 12 calendar months a radiation
survey has been conducted which shows that the
system meets the applicable performance
standards in 21 CFR 1020.40 or guidelines
published by the FDA in the Federal Register of
August 8, 1973 (38 FR 21442).
(c) No certificate holder may use an X-ray
system after the system is initially installed or
after it has been moved from one location to
another, unless a radiation survey is conducted
which shows that the system meets the ap-
plicable performance standards in 21 CFR
1020.40 or guidelines published by the FDA in
the Federal Register of August 8, 1973 (38 FR
21442) except that a radiation survey is not re-
quired for an X-ray system that is moved to
another location if the certificate holder shows
that the system is so designed that it can be
moved without altering its performance.
(d) No certificate holder may use an X-ray
system that is not in full compliance with any
defect notice or modification order issued for
that system by the FDA, unless that Adminis-
tration has advised the FAA that the defect or
failure to comply does not create a significant
risk or injury, including genetic injury, to any
person.
[(e) No certificate holder may use an X-ray
system to inspect carry-on or checked articles
unless a sign is posted in a conspicuous place at
the screening station and on the X-ray system
which notifies passengers that such items are
being inspected by an X-ray and advises them to
remove all X-ray, scientific, and high-speed film
from carry-on and checked articles before in-
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AIRPLANE OPERATOR SECURITY PART 108
spection. This sign shall also advise passengers
that they may -request that an inspection be
made of their plptographic equipment and film
packages without exposure to an X-ray system.
If the X-ray syitem exposes any carry-on or
checked articles to more than one milliroentgen
during the inspection, the certificate holder
shall post a sign which advises passengers to
remove film of all kinds from their articles
before inspection. If requested by passengers,
their photographic equipment and film packages
shall be inspected without exposure to an X-ray
system.
(f) Each certificate holder shall maintain at
least one copy of the results of the most recent
radiation survey conducted under paragraph (b)
or (c) of this section and shall make it available
for Inspection upon request by the Adminis-
trator at each of the following locations:
(1) The certificate holder's principal busi-
ness office; and
(2) The place where the X-ray system is in
operation.
(g) The American Society for Testing and
Materials Standard F792-82, "Design and Use
of Ionizing Radiation Equipment for the Detec-
tion of Items 'Prohibited in Controlled Access
Areas," described in this section is incorporated
by reference herein and made a part hereof pur-
suant to 5 U.S.C. 552(a) (1). All persons affected
by these amendments may obtain copies of the
standard from the American Society for Testing
and Materials, 1916 Race Street, Philadelphia,
PA 19103. In addition, a copy of the standard
may be examined at the FAA Rules Docket,
Docket No. 24115, 800 Independence Ave.,
S.W., Washington, DC, weekdays, except
Federal holidays, between 8:30 a.m. and 5 p.m.
? 108.19 Bomb or air piracy threats.
[(a) Upon receipt of a bomb threat against a
specific airplane, each certificate holder shall at-
tempt to determine whether or not any ex-
plosive or incendiary is aboard the airplane in-
volved by doing the following:I
(1) Conducting a security inspection on the
ground before the next flight or, if the
airplane is in flight, immediately after its next
landing.
(2) If the airplane is being operated on the
ground, advising the pilot in command to im-
mediately submit the airplane for a security
inspection.
(3) If the airplane is in flight, immediately
advising the pilot in command of all pertinent
information available so that necessary emer-
gency action can be taken.
(b) Immediately upon receiving information
that an act or suspected act of air piracy has
been committed, the certificate holder shall
notify the Administrator. If the airplane is in
airspace under other than United Sates jurisdic-
tion, the certificate holder shall also notify the
appropriate authorities of the State in whose
territory the airplane is located and, if the
airplane is in flight, the appropriate authorities
of the State in whose territory the airplane is to
land. Notification of the appropriate air traffic
controlling authority is sufficient action to meet
this requirement.
108.21 Carriage of passengers under the con?
trol of armed law enforcement escorts.
(a) Except as provided in paragraph (e) of this
section, no certificate holder required to con-
duct screening under a security program may
carry a passenger in the custody of an armed
law enforcement escort aboard an airplane for
which screening is required unless?
(1) The armed law enforcement escort is an
official or employee of the United States, of a
State or political subdivision of a State, or a
municipality who is required by appropriate
authority to maintain custody and control
over an individual aboard an airplane;
(2) The certificate holder is notified by the
responsible government entity at least 1
hour, or in case of emergency as soon as
possible, before departure?
(i) Of the identity of the passenger to be
...carried and the flight on which it is pro-
? posed to carry the passenger; and
(ii) Whether or not the passenger is con-
sidered to be in a maximum risk category;
(3) If the passenger is considered to be in
maximum risk category, that the passenger is
under the control of at least two armed law
enforcement escorts and no other passengers
Ch. 2 (Amen. 102-4, Eff. 1110116)
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PART 108 A1PLANE OPERATOR SECURITY
are under the control of those two law en-
forcement escorts;
(4) No more than one passenger who the
certificite holder has been notified is in a
maximup risk category is carried on the
airpland?
(5) If tile passenger is not considered to be
in a maximum risk category, the passenger is
under the control of at least one armed law
enforcement escort, and no more than two of
these persons are carried under the control of
any one law enforcement escort;
(6) The certificate holder is assured, prior
to departure, by each law enforcement escort
that?
(i) The officer is equipped with adequate
restraining devices to be used in the event
restraint of any passenger under the con-
trol of the escort becomes necessary; and
(ii) Each passenger under the control of
the escort has been searched and does not
have on or about his or her person or
property anything that can be used as a
deadly or dangerous weapon;
(7) Each passenger under the control of a
law enforcement escort is?
(i) Boarded before any other passengers
when boarding at the airport where the
flight originates and deplaned at the
destination after all other deplaning
passengers have deplaned;
(ii) Seated in the rear-most passenger
seat when boarding at the airport where
the flight originates; and
(iii) Seated in a seat that is neither
located in any lounge area nor located next
to or directly across from any exit; and
(8) A law enforcement escort having con-
trol of a passenger is seated between the
passenger and any aisle.
(b) No certificate holder operating an airplane
under paragraph (a) of this section may?
(1) Serve food and beverage or provide
metal eating utensils to a passenger under the
control of a law enforcement escort while
aboard the airplane unless authorized to do so
by the law enforcement escort.
(2) Serve a law enforcement escort or the
passenger under the control of the escort any
alcoholic beverages while aboard the airplane.
Ch. 1 (Arndt. 106-3, En. 7111185)
(c) Each law enforcement escort carried
under the provisions of paragraph (a) of this sec-
tion shall, at all times, accompany the passenger
under the control of the escort and keep the
passenger under surveillance while aboard the
airplane.
(d) No law enforcement escort carried under
paragraph (b) of this section or any passenger
under the control of the escort may drink
alcoholic beverages while aboard the airplane.
(e) This section does not apply to the carriage
of passengers under voluntary protective
escort.
[? 108.23 Training.
[(a) No certificate holder may use any person
as a Security Coordinator unless, within the
preceding 12 calendar months, that person has
satisfactorily completed the security training as
specified in the certificate holder's approved
security program.
[(b) No certificate holder may use any person
as a crewmember on any domestic or interna-
tional flight unless within the preceding 12
calendar months that person has satisfactorily
completed the security training required by
S 121.417(b) (3) (v) or 5 135.331(b) (3) (v) of this
chapter and as specified in the certificate
holder's approved security program.]
? 108.25 Approval of security programs and
amendments.
(a) Unless otherwise authorized by the Ad-
ministrator, each certificate holder required to
have a security program for a passenger opera-
tion shall submit its proposed security program
to the Administrator for approval at least 90
days before the date of the intended passenger
operations. Within 30 days after receiving the
program, the Administrator either approves the
program or notifies the certificate holder to
modify the program to comply with the ap-
plicable requirements of this Part. The cer-
tificate holder may petition the Administrator
to reconsider the notice to modify within 30 days
after receiving the notice, and, except in the
case of an emergency requiring immediate ac-
tion in the interest of safety, the filing of the
petition stays the notice pending a decision by
the Administrator.
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(b) The Administrator may amend an ap-
proved security program if it is determined that
safety and the public interest require the
amendment, af follows:
(1) The Administrator notifies the certifi-
cate holder:On writing, of the proposed
amendment, lilting a period of not less than
30 days within which it may submit written
information, views, an. arguments on the
amendment.
(2) After considering all relevant material,
the Administrator notifies the certificate
holder of any amendment adopted or rescinds
the notice. The amendment becomes effective
not less than 30 days after the certificate
holder receives the notice, unless the cer-
tificate holder petitions the Administrator to
reconsider the amendment, in which case the
effective date is stayed by the Administrator.
(3) If the Administrator 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, the Administrator may
issue an amendment, effective without stay,
on the date the certificate holder receives
notice of it. In such a case, the Administrator
incorporates the findings, and a brief state-
ment of the reasons for it, in the notice of the
amendment to be adopted.
(c) A certificate holder 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 receiving 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 amend-
ment, the applicant may petition the Ad-
ministrator to reconsider the refusal to amend.
108.27 Evidence of compliance.
On request of the Administrator, each cer-
tificate holder shall provide evidence of com-
pliance with this Part and its approved security
program, [effective December 12, 1986.1.
Ch. 4 (Arndt. 108-311. Eft 12112188)
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