. AC 108-l
ADVISORY DATK 1 O/l 6/8 1 .
CIRCULAR DEPAI<T.\IEST Ok’ TI~:~NSPOI(‘I’:II’IO$ Federal Aviation Administration Washington, D.C.
FAR GUIDANCE MATERIAL . 1 l PURPOSE. -- This circular xovides information and guidance for imnlementation of new Federal riviation Reqjjlations (FAR) Part 108, Airplane Qnerator Seclxity.
However, the sensitive natlxe of manv seclxitv procedures Drecludes full discussion in t'rlis circcllar. Federa Aviation hdminist&ion (FW) Civil Aviation Security special Aqents (FM Security Insqectors) located throughout the United States (Lfqrence &rzpendix 1) are &ailabl e to discuss the many issues that may arise reqardinrj i$%nlentation ahd nrocedural details of securitv safequards.' , 4 2 CAYCV,LATI~J. AC 121-17, dated Yarch 14, C;trtain nir Carriers and Comerciab Onerations 1972, Subject: Wiation Securitv:
\
- Security Proqrams and Other l Requirements.
3 I~ACI~GRCKJND.
R;lemcakinq No.
Qn November 1, 1979, the FAA mblished Notice of PrDwsed 79-17 (44 F'S 63048), pronosinq to extend FAA securitv xewlations applicshlk to scheduled nassenqer and kb1i.c charter operations of TJS. mxtificate holders and foreign air 'carriers and U.S. intrastate operators to certain air taxi operators and mall aimlane operations anducted b U.S. and foreign omrators.
Tt also Droposed to si*lifv these regulations and consolidate them (for U.S. certificate holders) i&o a new mrt of the Federal Aviation Requlations (FAR Part 108) to facilitate public access to security requlations. At the sane time it was proposed to amend FAR Part 107 to reflect the different levels of secmitv safeguards aimort oDerators would Ix rwired to imlement. The security requirelnents imposed on airport Qperatori 'by amended FAR Part 107 are tailored t0 met the differiny levels of threat which exist for different sizes arid tW of ai?lane ogerations. F?U? Part 108 -and the amendments to FAR Parts 107 and 129 are effective on September 11, 1981.
a. Since their inception in 1972, FAA .security regulations have been desiqned l to meet threats of hijacking and other crimes against the swcific kinds of .
aircraft operatims that have proven to be mst attractive to the mtential .
hi jackr or saboteur. Usually, these operations have involved large transmrt type aimlanes with scheduled departure times, and qenerallv have ken &nductecj by certificate holders oneratinq under Certificates of PuhYic Convenienclc and a
10/16/81 Necessity (CPCN) and other limited economic authority issued by the Civil Aeronautics Board (CA!S), as well as by certain intrastate operators. Ooerat inq rules for these operators are set out in FAR Part 121 (14 CFR 121) and, for thii reason, FAA security regulations were initially placed in that part.
b Security for schduled operations subject to FAR Part 1% (14 CFR 135) was achieved throuqh voluntaw implementation of o>erations specifications and co]Fliance with requirements similar to those in FAR Part 121.
c. Follminq passage of the Airline Mrequlation Act (3erequlation qct of 1978), the number-of these operations increased.
Derequlation ?kt, the CAR liberalized its policies Further, since the passaqe of the ati qranted broad authoritv to conduct scheduled operations with large aircraft. These CA!3 actions result4 in numerous certificate holders, referred to in the Derequlation Act as " -~muters/ operating under FAR Part 135 with authority to conduct operations similar to those that were nreviouslv conducted only by CPCN holders under FAX Part 121. While CP~ holders were dismn&uina service at different terminals durinq the late 1970's, "commuter" air carriers were gaining these terminal and route authorizations. As a result, manv corrmuter air carriers beqan usinq aircraft in scheduled and public charter operations identical to those formerly used only by CPCN holders.
airplanes'were king operated over routes formerly served !W CPOJ holders, These and the operations were conducted without being subject to full FAA'security requirements.
kAo The Derequlation Act carried with it a mandate that there be no lessenins A of safetv in situations where ammuter air carriers r>rovide substitute semi= on routes previously served by route certificate holders. Section 33(c)(3) of the Derequlation kt requires the FAA to "impo.se requirements upon su& corclmuter air carriers to assure -G +bqt the level of safetv provided to persons travelinq on S&I ~ - , m commuter air carriers is, to the maxi&m feasible extent, equivalent to the level of safetv provided to persons travelincr on certificate holders which provide service T;xlrs\lant to certificates issued under Section 401 of this title."
e Considerinq the economic burden that ~11d be imposed on the small aimrt and a&lane operators and the fact that the hijacking threat directed aqainst ' co~uters had not siqnificantlv increased, . FAR Part 108 I as enacted, requires iinplementinq a full security program only for scheduled and public charter o-rations with airplanes havinq a passenger seatins confiquration of mre than 60 seats and for aerations orovidiw deplaned oassenqers access to a sterile area at the next landinq when that access is &t &rolled by another aimlane owrator's e security program.
f For operations with airplanes .having a mssenqer seatinq confiquration of more &an 30 but less than 61 seats, a full security DroQram need not be routinely imlemented. A full security program for these operations will have to be implemented only if the FAA notifies the airplane operator that a security threat exists with res-beet to a particular operation or set of operations. The final determination ok whether such a threat exists will he made bv FAA's Director of Civil Aviation Security. c ?ar 3
10/16/81 . AC 108-l g While the frequencv and extent of these threats cannot be Dredicted, this continiency should seldom be invoked. If it is, it will probably n&t involve all airplane operations fir zll pints served by a single oper-ator, r& would all precautions have to be taken in every contingency.
.- h l Antihijack security training is required for all crewmembers of 'FAA certificate holders operating under FAR Parts 121 or 135. In addition, throuqhout
- FAR Part 108 and chancres to FAR Part 107 and FAH Section 129.25, the term "aimlane" instead of "aircraft" is used since threatened operations have historicallv only involved airplanes and seldom have involvd other aircraft such as helicop&rs.
4 . DEFINITIONS. berms used in FAR Part 108 are defined for use in this circular as follo6:
a. "Certificate holder" mans a person holdinq an FAA operatinq ertificate . .
when that persc>n engaqes in scheduled passenqer or public charter passenger c operations or both.
t> l "Passcnqer seating configuration" means the tCJtA. iTumber of seats for which the aircraft is tlrpe certificated or otherwise shown in formal documentation on file with FAA that can be made available for oassenqer use aboard a flisht and inclu3e.s that seat in certain aimlanes which nay be used IW a repxeg5entative of the Administrator to con'fuct flight checks bllt is available for revenue purposes on othtx occasions.
(3. "Private charter" means anv charter for which the charterer enclaves the . total ca;xcity of an airplane for the carriaqe of: .
(1) Passengers in civil or militam air mzJelnents conducted under contract with the Government of the Unit& States or the Government of a foreign county; :x
(2) Passengers invited by the charterer, the ast of which is borne entirelv bv the charterer and not directly or indirectly in the individual passer&s:
. . . .
a . 0 "Public charter" ;neans anv charter that is not a "private barter."
e. "Scheduled passenqer operations" means holding out to the pu!>lic of air transr-xxt&ion service for'passenqers from identified air terminals at a set time announced ?j timetable or schedule publish~3 in a newspavrI '~gazine, or other advertisinq medium.
f "Sterile area" means an area to which access is antrolled by the inspection of persons and property in accordance with an aoproved security program .
or a security program used-in accordance with FAR Section 129.25.
5 APPLICABILITY. The requirements contained in FAR Part 108 are applicable to .-. ail operators of aimlanes who hold FAA Air Carrier 0wratinq Certificates or FAA - h ?ar 3 3
Operatinq Certificates when they enqaqe in scheduled or r>uhlic &arter passenqer - operations under specifiti conditions. Helicopters and all-carcp operations are specifically excluded from security requirements as are all -rations mnducted in airplanes with a nassenger seatinq configuration of 1 through 30 seats where the .
operator \&es r&&sire passer& access to a sterile area'uy--on &planement.
Should a helicobter or other non-airplane operator desire to o-rate pursuant to an FAA approved &*curity wmarn to pmit &?DianeTnt of mssenqers into a sterile area or for other reasons, such an operator may petition FAA for approval of an Amendment to its Operations Smcifications to inklude *proDriate security procedures. SU& operators should refer to FAA Advisory Circular AC 13504A, dated &xi1 15, 1976. .
6 SECURITY PRcmwM - AWPTIOV Am IMPLEMENTATION. Three distinct types of scheduled or public charter operations generate the requirerwnt kdr ktificate A holders to a&t and carry out .a security rrrragrarn under FAR Part 1CM. Those > operations ZGk follows:
a. C)perations with an aimlane having a pssenqer seatinq conf iquration of mOre than 60 seats.
b. Operations that movide deplaned passenqers accxzx, that is not otherwise controlled by a certificake holder usinq an approved securiq proqram or a foreiqn air carrier usinq a security program recruired by FAR Section 129.25, to a sterile area. This sit&ion is di&uss& Mlcw in naraqr@ 11.
c. Each -ration with an airplane having a nassenqer seatinq confiquration of more than 30 hut less than 61 seats. However, unless FAA notifies the certificate holder of a &security threat, the only mrtions of the moqr:am that wst be implemented are those that deal with law enforcement availabilitv to respond to an incident. Threat notification mocedures and circumtanm5 are &cuss& in.
paraqranh 14 and law enformment rmuiremnts are discussed in naraqrmh 131. 4 d 0 Beyond those situations here a certificate blder is required to bk>r,t and carry out a security proqram, the requlations provide for an aimlane operator to voluntarily ~ply to FAA for approval of a security moqram for &rations other than tho.se detai'led in a., b., kc. ahove. Such a need could te mrceived b the operator tn met passenqer expectations, apsny @icies or for any other reason.
Once approvki by FAR, sud? a "voluntary" proqram bemmes enforceable and the regulation requires that the -rator carry out the rxoqram provisions. A failure to carry out the ~roqram is a requlatory violation that could result in civil penalty action against the -rator. Further, anv operator not cpverned bv the requlakon can sick advicle and assistan- from FAA security offices where it wishes to irrplement mme or all of the security procedlrrres endorsed w WA.. Implementat& of su& procedures without FFA xc&am mproval is rrx>ssible for su& an operator without placinq itself in a ";esulated" status.
7 . SEflTEiITY PRcxxAM - FORM@ CONTENT AND AVAILARILITY.
a. FAR Part 108 states tiat a &security proqram required by the requlationr as detaild -in paragraph La., b.l or c. shall olcovke for the safety of perLsons ad 4.
Ir ‘+ Par 5
prOprtv traveling in air transportation and intrastate air transportation against acts of'kiminal violen= and air piracy, be in writing and sinned kw the certificate holder or anv arson deleqated authority in this mtter, be -proved by - the Administrator, and in&& the procedures and a-description of the facilities and quipment used tn comply with the requlatory requirements-reqardinq screeninq functions, airplane and facilities control functions, law enforcemnt officer availability, use of X-ray systems, and bomb and air piracy threat response. Fad7 of the&q remlatory areas is discussed below in a separate paragraph. The reaulation further- requires that the Ertificate holder maintain at least one cnpv .
of the approved security program at its principal business office, maintain a complete Copy or the pertinent. portions of its -proved security program or
- appropriate ir@ementincll instructions at each airport where security screenim is kina mnducted, and r&e these documents available for inspection wn request of any civil Aviation Security Special Aqent. Further, the operator is xequird t-o restrict the availability of information contained in the securitv program t0 those with an onerati9nal need-to-know, and to refer requests for su& ‘information b>l 0th~ r>ersons to the Director of Civil Aviation Securitv of the FA4.
h An Air Carrier #Standard Security prrogram meeting the resuirewnts of F&Q Part 168 is available for use by all ertific&e holders, This mogram, jointly developed by FAA and industry, has proven very effective in lessenirw the' certificate holder's administrative burden, The FAA encourages do?tion of the f33ndard Security Roqram to ensure uniform implementation of security txocedures, .- .
and will be pleased tn wxk with clperators to exolain in detail the suhkn~ of that prowam and the bodv of .intermetive informkon that has accrued sine its inception in 1976. Section XV of the Standard Security Program (SSP) has ken resekvd to list and &hi67 exceptional securiw procedures used b a ertificate holder. Exaq-&s of th e use- of: Section XV include a listinq of those airports where the certificate holder furnishes law enforcement supprt for the screeniw process and description of the nrocedures used to screen dlecked hagsase that is delivered to the passe& aboard the airplane after landinq or up dwlanement on - .e the air operations area for carriaqe into a sterile area. These situations, teether with my other procedures not covered by the standard sections of the SSb will he addressed in Section XV.
- 'd a 8 0 sCmE?!ING OF PM,Sg\JC,ERy Am PRoPEm. Certificate holders rewired to conduct screening include those engaging in scheduled or public charter passenqer operations with air-planes ha& a pssenqer seating confiquration of mxe than 60 seats and tho,se operations with air@ne&havi~ a passenqer seatirq confiquration of 1 tthrough 60 seats tier-e the &plar& F>assenqer&ill have uncontrolled access to a sterile area. Sterile area access is discussed in paraqrd 10.
Additionally, 31 throuqh 60 seat airplane clperations ITW be required to screen if c FAA declares that a threat exists sufficient to reouire su& protection. This *peCt is discussed klow in paragraph 13, Certificate holders required to screen or otherwise electinq to screen mm choose to utilize the screenina fxilities of another ertificate holder -rat& under an FAA -proved securitv Emram or, of course, may establish a separate screeninq system. In either case, the Ert if icate holder is responsible - for assuring eat the screeninq system and promdures met
FAA requirements. Certificate holders performing screenincr for the purpose of nrovidinq sterile area access to their passenqers have several alternatives available. Assuminq they are able to secure aqreement from the conerned parties, they may elect to screen-at the enplanement airport or may screen or have another certificate holder screen at the deplanemznt aimrt, Such certificate holders are not requirti to screen if their access to the sterile area is ti~trolled through surveillance tid esmrt pro=dures. Details mncernina actual screenina mocedures are included in the Air Carrier Standard Securitv R&am ati are not subject to a discussion in this circular.
9 CARRIAGE -OF WFL?iFO?G. Certificate holders sho\lld carefully review Advisory Ckcular AC 108-2, Caxriaqe of Weapons and Escorted Per-sons. That circular discusses many asnects of-carriage of weapons *ard aircraft and nrocedures to hz followed by the individual and the certificate holder. ,:ertificate holders should be prticularlv mindful of the applicabilitv of the several subsections of W? Part 108 dealinq with the carriaqe of ~7e~ns as-follows:
a. Certificate holders required to screen must assure that no wrson has a firearm or other danqerous or deadly weapon accessible while aboard unless that wrson mets the procedural requiremnts of the requlation. FAA and all _ appropriate Federal aqencies have exchancied letters wherein ea& Federal agency has identified those pzloyees required to ttravel armed and the reasons for such requirements. State ati local aaencies are required to follow different procedures nursuant to FAR Part 108 that cassure the need for firearm carriage.
h 0 Certificate holders not required to screen have no resrx>nsibility recrardinq the carriaqe of firearms aboard under FAR Part KM. The individual, however, is prevented from carrying a firearm unless authorized by the certificate holder. This provision in FAR Part 108 is identical to the nrrovision : in FAR Sectim 135.11% C. Certificate holders, without reqard to screeninq, nay not kmowinqlv allow cawriaae of loaded firearms in checked baqqaqe. Individuals are also prohibit&I from such carriaqo by VU? Part 108 and FW’?~ Section 902(l) of the !WAct.
d l Certificate holders without reqard to screening, may not knowinqlv allow carriage of an unloaded firearm in &e&d baqqaqe nor my individuals carry an unloaded firearm in checked baqqaqe unless the procedures detailed in FAR Part 108 are followed. Those vocedurek require that the baqqaqe containins the unloaded firearm k carried in an area that is inaccessible ko passenqers. *cxl some smaller airnlanes the cfiecked haqqaqe mTartment is located in the passenqer apartment and' is separated frm the passenger skatiq area by an unlocked door or a mesh net.
If the haqqaqe containinq the Lmloaded firearm is 'loaded first in such a mWartm&t and is as f& away from the pas.senqers as feasible, sucfi an arranqemnt will generally 4z viewed as acceotable. FM will consult with the clertificatk holder reqardinq ea& specific situation.
e .
holder;.
Acrain, reference to AC 108-2 will lx particularlv helpful for ertificate .
‘ i; Par a .
lO/li-,-/81 . AC] 108-l 10 . SECURITY 0F AIRPLANES ANI3 FACILITIES. All certificate holders required to conduct screeninq are also required to carry out a nurn&r of security procedures designed to assure the safety of their airplanes and facilities. Such mocedures include prohibiting unauthorized access to the aimlane, ensuring that haqgase carried in the aimlane is hecked in by a responsible aqent and that s identification is obtained from unknown-shippers; .' ensuril?q that cargo and checked baqqage are handled in a manner that prohibits unauthorized access&d cnnductinq a security inspection of the aimlane before placinq it in servie and after it has been left unattended. Detailed Abrocedures reqardinq the above control functions are listed. in the Air Carrier Standard Security Program and are not subject to s discussion 'herein. 0 11 ACCESS 7V STERILEl AWM. 0perators of ainolanes of any seatinq mnfiauration mai not discharge scheduled or public charter passenqers i&o a sterile area unless: (1) the r>assenqers and their accessible items are moperly screened by the airplane operator; or (2) their access is controlled throuqh surveillance and escort procedures or through the screeninq mocedures of another -rator,
a. Thus, passensers may have access to a sterile area where the dis&arginq operator has made a &ior aqreemnt with another FAA certificate holder or foreiqn air carrier, or in SOW cases the airport operator, havinq responsibility for the sterile area either for escort of the deplaninq passenqers into, throuqh, and out of the sterile area or for the screenim of those passenqers before entry. If a carrier dmoses to mlement an escort procedure, such escort should he on a ratio of one carrier representative per ten passenqers and must be coorc3inat.d in advance with the air carrier havinq responsibility for security of the sterile area thro\lqh whi& esmrt is Dlanned. Without these arranqements, operators not otherwise reauired by FAR *Part 108 to screen their passenqers tie wish to deplane their ' passenqers into a sterile area must adopt and implement all the provisions of an appropriate *security moaram with respect to that mssenqer operation. This requires: (1) 100 percent screening-of all passenqers and their accessible items be completed before the last departure; (2) the a&lane txz plcotected; and (3) procedures be usd to prevent or deter the introducticxl of explosives and incendiaries into hecked baqqaqe for those fliqhts.
h operators This process has previously ken follow& by a number of muter/air taxi aperatinq under FAR Part -135. These qxrators, bcause of their desire to allm their passenqers to have direct and uncontrolled access to a sterile area, have voluntarily elected to amend their -rations specifications to Ahere to security requirements. With ivlementati& of FAR Part 108, omrators desirinq that their passenqers have direct uncontrolled accless to sterile areas must follow the security p&am promdures in FAR Section lO8.25. .
c. The commuter m air taxi coerator may elect to screen all passenqers at .
the last ai-sport of departure prior' to deplanement into the sterile area or at . several airports mior to denlanement. The ertificate holders' election will - determine whi& airport(s) are rquired to furnish law enforcemnt officers to supprt the screeninq ~ocess. In situations where small num&rs of passenwrs are 7
barded at several prior airmrts, the -rator mv find it economical to deplane the previouslv boarded passenqers and perfom~ screeninq at the last airport of departure kf&e *planemnt into the sterile area. This muld medude the cost .
associated with a nmber of individual screeninq oRrations. E&ever, if the operator elects to deplane unscreened passenqers for subsequent screeninq, the cabin of the aircraft should he search& prior to rehoardinq. If--the mrtificate holder should elect to screen at several airports prior to deplanerwnt into a sterile area, it must follm all of the movisions of its security moqram for each .
screeninq operation.
d in mr,v .smalI.er airplanes where mssenqers have ac~ss to a sterile area urn &3lanement, checked hagaaqe is carrid in a compartment in the nose of the aircraft or in a space ti jxent to the passencer *seatins area and is returned to the passenqer either ahoak the airplane upon lar:%nq or on the air operations area umn- deplanemnt p2or t0 entry into the sterile area. WxAd tie passenqer &sire to take this baqqaqe intr> the sterile area, it must k screened for fikearms, explos jvps, inmnF!iary devi=s, and dedly or danwrous weapons even thow$7 the bagsacre mv have ken transport4 akard the aircraft as checkd baqqaqe. If the .
operator ‘sA security proqram nmvides mom1ures for scresninq hecked baqqaqe for explosive devices 1 't must foU.mJ Slldr! proc~llrPE;. Screenim for firearms mm k acmrmlished at the deplzinernent or enplanement aimrt and WV be accomplishe(rl bv hand search or X-ray skarch. An alternative t9 su& screenimj is for the certificate holder to arranq 9 for the baqgaqe to be trahs~rted bv it.s emloyees or by a qaininq certificate holder's employees or others in the air oprations area eithe; for in%erline transfer to another mrtificate blder or return to the passenqer after he or she exits the sterile area. Swcific procedures to deal with this issue on a case by case !3asis will k incorporated into the mrtificate holder's securitv proqram in Section Xv (Referen= Daraqrmh 6 of this circular for an explanation Ok Section XV). "clost airport cperatcrs and lame mrtificate .
ho.lders have exwrienm with the typ of deplanement/screeninq/escort oprations discussed eve' and are able to offer advice and auidance ti the aerator with new sterile area access requirements. Commuter certiiicate holders and others with such a need should mntact certificate holders resmmsihle for the zpprooriate sterile area(s) to *discuss specific requiremnts.
12 l WIW EKFORCWKNT OFFICEQS. When ;3 certificate holder is rewired to im@ement a security screening svstm at an airport governed by FAR Part 107, the airmrt operator is required to nrovide law enf%rcement supprt for that screenins. When a certificate holder con&&s operations fran an airport not crovernd bv FAR Part 107 and is required ,tc, use a screeninq slJstem throuqh mluntary~kkmtion of a semritv program or becam- the operation is a public charter, the certificate holder is reuuired to provide law enforcemnt of!Eicers to supmrt the screeninq system. An airport is qovernti by FAR Part 1137 when it remlariy serves the scheduled . passenqer merAtions of a certificate holder (aimlane aerator) rqlired to have a security program bv .FA? Section 108.5(a) (i.e., not 3 huntary prmam made manilatom &Sect& 1083(b)).
“ar 11
a 0 At r7.S. aimrts reqularly servinq scheduled passenqer ooerations of certificate holders 'and foreign air carriers utiliziw airplanes with mxe than 60 seats t the airport -rator is required to adhere to the clxrent wovisions of FAR Part 107 includinq providing law enforcement officers to support screeninq. w. .
b At those utilikq 31 airports reqularly servinq scheduled passenser axratims
- throuqh'60-passenger-seat airplanes and at which the airplane operator is not required to screen, the airplane -rator will normally mlv have to implement those portions of the proqram that call for (1) havinq procedures for cnntactinqthe law enforcement wency identified by the airport -rat-or and arranqinq for response to an incident when needed; and (2) advising appropriate erp lovecs t includinq crewmembers, 9f the rrrrocedures and how to use them.
c. The airport oFrator, under su& circumstances, must assure that law enforcemnt officers are available and committed to resyx>nd to the airolane operator's reTlest for assistance and inclu* such information in its securitv program as detailed in the followina paraqraph. Responsibility for establishinq and ivlementinq the actual arrangements and for obtainins assistan= in t_he case of an incident rests with the airplane qerator.
d For theLse oprations (31 thru 60 seat airplanes), the airport omrator is requirid to suhit to the FAA for mproval a securitv program that identifies the law enformment suDport available to respond ul=x>n re&est of the airplane 9!3erator, 1 a description of the mocedure to he used by the ertificate holder to suTIFrlDn support, a ilescripti& of the traininq the law enforcement officers have received, and a descri13tion of the system for recording law enformment actions taken in support of aviation security as called for by FAT? Section 107.23. . r e .a If an airplane merator usinq airplanes with less than 61. nassenqer seats must adopt and carry out a full security proqrzJm with a screenim svstm to qain access to a sterile area, the airport -rator must movide law enforcerwnt supmrt durinq all rwuired passenqer smeeniw operations. The airport operatm is required to s&nit to the FAA for approval a security moqram itlentifyinq the law enforcement support, the traininq received bv law enforcement offiks, and a description of the svstem for recordinq law &forcement actions taken in sunpOrt of aviation security. These law enforcement supprt rwirements are the only security requirements imposed or! t-he airport -rator for -rations with airplanes confiqured for less than 61 passenger seats where screeninq is performed under a re@red security prroqram to qain access to a steri.Ite area lmn deplanemnt.
f There are only twx situations in which the airplane operator must provide law eniorcement sup& for screeninq.
(1). ??he first is for a nlblic &arter usinq an airplane with mxe than 60 seats from an airport not qovern& by FAR Part 107. Should the airport he governed by FAR Part 107 by virtue of other scheduled service by an q>erator recruired to have a proqram by FAR Part 108, then the airport operator must furnish the LE0 to support the public &arter departure.
(2) The other situation where the airplane qerator Trust rrrrovide the T.,Ec) arises at a non-FM Part 107 aimrt where the airplane operator is not rewired to have a pmqram, but to further m~anv plicv or for other reasons mluntarilv - .
elects to have an approval proqram and to screen fliqhts using airManes of less m than 33. seats. .In this case, the aimrt Terator iS not qzwerned- bv FA?? Part 107 . hv virtue of sub servie and where it is not otherwise soverne?! bv FRF) Part~lO7 b&cause of other semi=, the airplane aerator must furnish the LM). .
(7 In both of the above situation5 1~ enforcement officers furnished bv the airpla;e crperator mst meet. L!e trainin? and Tmlification standards enumeratbd in FAR Secticn 107.17.
h Where the airplane operztc?r dth 2 voluntary prroqram elects to screen and the &port is qoverned by FAP Part 107 by virtue of other service, the airport o~~erator msT3urnish the Ill-x) t9 swport. -the voluntary l-30 seat, screeninq.
Further, it should IF noted that where m operator of l-30 seat aimlanes who deplanes passenqers int9 a sterile area is remircd to have a securitv moqram, tie airport operator is requird TV furnish 1~ enforcement officers to s&ort the screening mocess.
l? -e TJSE OF X-SW SYST?~~. FAR ?art 108 prescribes detailed mmcedures for the use of X-ray system to assure the safety of X-ray operators and others wmkirw in close proximity to the dmkes. Wrtificate blders utilizincr or planninq to utilize X-ray device shmld reviw t-ho.= requirements closely and discuss any c-rllestions resultir,cl from that. rc?vim with the amropriate FAR zxxritv office listed in Appendix 1 of this cirmlar.
14 ROMR Al'73 AIR PIRACY ?TRFA?S. FAQ Part 108 establishes procedures for the cekificate holder tb fallcrw um remiot of a bti threat or information that an act or suspected act of air niram has ken committed. Ihon receipt of a bmb threat aqainst a soscific aircraft, ea& certificate holder is rmuird to attm& to \determine 14hether or not a.nv explosive or inendiarv ckvice is aboard the aiplane involved pl mrductinq a semrity inswctim & the uround before thp next flight or, if the airplane is in flight, - immediatelv after its next landinq.
Further, if the airplane is kina oFrated on the ground, the mrtificate holiler is remired to ailvise the pilot in ckmmand to i~dia&l~~ sbnit the airplane for an inswctim or if.the airplane is in. fliqht, advi.se the pilot in command of all mxtinent infomation available so that necessary merqency action can be taken.
a. Imediatelv upm receivim information that an act or suspected act of air oiracy has been mmktted, the ertificate holder is rmuired to Inotify the A&Cnistrator . This notim can h3 acmrrplished by mntactirm tk nearest air traffic control facility or bv advising the appropriate WA Civil Aviation Security . Officle listed in Mpendix 1. - If the aimlane is in airsme under other than .
United States jurisdiction, the certifickte holder is al&o rewired to notifv the mpropriate authorities of the countrv in whose territory the airplane is located and, if the aimlane is in flight, the apprmriate authorities of the country in whose territory the airplane is to land. - Notification to the appropriate air traffic mntro‘llinq authoritv is sufficient action to meet this rmuiremnt. 2
h One other aspect of threat conditions mvered by FA? Part 108 concerns Ehe requirement that operators of 310throush 600seat airplan& must he preparti to iwlement tie full security ~0qram for all or part of its (per&ions at a a .
particular 'station or systemide upon notification & the FAA's Director of Civil Aviation Security that a threat exists. Such a threat muld'exist, tir, example, where operations- in this category have been subjected to hijackirq and a specific threat has ken made that rmre hijackims will b wrpetrated. Such a threat tti&t also exist where information has heen received or developed mnmrninq probable criminal acts against aimlanes in this cateqory without a prrior hijack&q. This tw of infmmaticm would !X specific and FAA wi.11 not require implementation of Gntinqencv procedures routinely. FAA will mnsult with the affected ertificate holders, the rJ.S. intelliaenm community and others, prior to "declarinq" a threat cu>ndition sufficient to require implementation of mntinqency mocedures. FAA will qive siqnificsnt weiqht to the views of impacted oprators durinq su& consultations. Tdhile .mecif ic continqency plrocedures are not subject. to discussion herein, F?V! anticipates that all sub procedures would not need tr> k imnlementd for everv threat. For instance, if th6 .mecific threat is that an explosive *vice will he thrown over a fene at a specific airplane, the operator might only iqAernont those nvocedures dealing with airplane security and perimeter mntrol.
In any event, * sine protection against a specific threat is in the certificate holde& own best interests, FAA will mrk closely with the affected cx>erator to design mutuallv acceptable, adequate continqency procedures to deal with any specific threat that &wlops.
15 PAi%ENC;EX? UND?R THE cONTR@I., OF AJW7J IAbJ mmR.cmm ESCORTS, Certificate hokers required to conduct screening who desire to transport prisoners or others under the ozntrol of armed escorts (normally law enforcemnt officers) must fo1bw the procedures of FAR Part 108. No provisions in FAR Part 108 atta& to the carriage of prsons under volunta. 'wotective escort or prisoners or others escorted by unarmed escorts. Certificate holders should closelv revim the esmrt procedures in FAR Part 108 ani! as &tailed in iQ?visory Circular AC 10%2.
16 - 0 Cl?~$lFlMRER FWFRGEN(Iy 'TR?UNmG. FAR Part 108 refers to the mproprriate requiremnts in FAR Parts 121 and 135 coverinq the mrtificate holders' responsibility to prrovide antihijack training for crewmemkrs. FAR Part 108 requires each "Certificate Holder" to provide such traininq.
17 FAR 107/108 FINAL RITZ SUMMARY. Enclosed as Appendix 3. is a qrmhic sumv of'requirements embdied in FAP Part 108 and the d?anc~s tL> FAR. Parts 107 and ?29.
8 t! f! pichard F. Lally Director of &il