AG 129-3 DATE 6/10/82
ADVISORY CIRCULAR
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Washington, D.C.
FAR GUIDANCE MATERIAL Subject: FOREIGN AIR CARRIER SECURITY PURPOSE. This circular provides information and guidance for the implementation of Change 7 to Federal Aviation Regulations (FAR) Part 129 (sections 129.25, 129.26, and 129.27) which became effective September 11, 1981.
The sensitive nature of many security procedures precludes full discussion in this circular. However, Federal Aviation Administration (FAA) Civil Aviation Security Special Agents (FAA Security Inspectors) located throughout the United States, as well as Foreign Air Carrier Principal Security Inspectors (FAC/PSI's), located at FAA offices in Brussels, Belgium, and at FAA Regional Headquarters in the United States having responsibility for those foreign air carriers operating within the FAA offices' geographical area of responsibility, are available to discuss the man;
issues that may arise regarding implementation and procedural details of security safeguards. A list of Civil Aviation Security Offices and Principal Security Inspectors for foreign air carriers is included as Appendix 1.
CANCELLATION. AC 129-2, dated April 30, 1979, Subject: Aviation Security:
Certain Foreign Air Carrier Operators.
BACKGROUND. On November 1, 1979, the FAA published Notice of Proposed Rulemaking No. 79-17 (44 FR 63048), proposing to extend FAA security regulations applicable to scheduled passenger and public charter operations of U.S. certificat‹ holders and foreign air carriers and U.S. intrastate operators to certain air taxi operators and small airpiane operations conducted by U.S. and roreign 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 (FAR Part 108, Airplane Operator Security) to facilitate public access to security security, to reflect the different levels of security safeguards U.s. airport operators would be required to implement. The security requirements imposed on of threat which exist for different sizes and types of airplane operations. FAR Part 108 and the amendments to FAR Parts 107 and 129 were effective on September 11, 1981.
Initiated by: ACS-100
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. Usually, these operations have involved large transport type airplanes with scheduled departure times.
Following passage of the Airline Deregulation Act of 1978 (Deregulation Act), the number of these operations increased. The Deregulation Act carried with it a mandate that there be no lessening of safety in situations where commuter air carriers provide substitute service on routes previously served by large air 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 certificate holders which provide service pursuant to certificates issued under Section 401 of this title.i
c. 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 had not significantly increased, FAR Part 108, and the changes to FAR Part 129, as amended, 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 that access is not controlled by another airplane operator's security program.
d. For operations with airplanes having a passenger seating configuration of more than 30 but less than 61 seats, a full security program need not be routinely implemented. 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 respect to a particular operation or set of erations. The final determination of whether such a threat exists will be made by FAA's Director of Civil Aviation Security. while the frequency and extent of these threats cannot be predicted, this contingency should seldom be invoked. If it is, it will probably not involve all airplane operations or all points served by a single operator, nor would all precautions have to be taken in every contingency.
e. Throughout the changes to FAR section 129.25, the term "airplane" instead of "aircraft" is used since threatened operations have historically only involved airplanes and seldom have involved other aircraft such as helicopters.
4. DEFINITIONS. Terms used in FAR Part 129, section 129.25, are defined in paragraph (a) of that section as follows:
2 Par 3
a. "Certificate holder" means a person holding an FAA air carrier operating certificate or operating certificate when that person engages in scheduled passenger or public charter passenger operations or both.
"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 conduct 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 only 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.
d. "public charter" means any charter that is not a "private charter."
"Scheduled passenger operations" means holding out to the public of air transportation service for passengers from identified air terminals at a set time announced by timetable or schedule published in a newspaper, magazine, or other advertising medium.
"Sterile area" means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program or a security program used in accordance with FAR section 129.25.
5. APPLICABILITY. The requirements contained in FAR Part 129, sections 129.25,
129.26, and 129.27, are applicable to all foreign air carriers who hold a permit issued by the Civil Aeronautics Board under Section 402 of the Federal Aviation Act of 1958 (49 USC 1372), landing or taking off airplanes in the United States, when they engage in scheduled or public charter operations under specified conditions.
Helicopters and all-cargo operations are specifically excluded from security requirements as are all operations conducted in airplanes with a seating configuration of 1 through 30 seats where the operator does not desire passenger access to a sterile area upon deplanement.
6. SECURITY PROGRAM - ADOPTION AND IMPLEMENTATION. Although foreign air carriers are not required to submit their security programs to the Administrator for approval, each such carrier is required to submit, upon his request and in Par 4 3
accordance with applicable law, information with respect to the security program applicable to its operations and the implementation thereof. Three distinct types of scheduled or public charter operations to or from the United States generate the requirement for foreign air carrier adoption and use of a security program. Those operations are as follows:
a. Operations with an airplane having a passenger seating configuration of more than 60 seats.
b. Operations that provide deplaned passengers access, that is not otherwise controlled by a certificate holder using an approved security program or a foreign air carrier using a security program required by FAR section 129.25, to a sterile area. This situation is discussed below in paragraph 11.
c. Each operation with an airplane having a passenger seating configuration of more than 30 but less than 61 seats. However, unless FAA notifies the foreign air carrier of a security threat, the foreign air carrier must adopt and implement a program that only deals with law enforcement availability to respond to an incident. Threat notification procedures and circumstances are discussed in paragraph 14 and law enforcement requirements are discussed in paragraph 12.
7. SECURITY PROGRAM - FORM, CONTENI, AND AVAILABILITY.
a. FAR Part 129, section 129.25, states that a security program required by the regulation, as detailed in paragraph 6a., b., or c. above, shall be designed to prevent or deter the carriage aboard airplanes of any explosive, incendiary device, or deadly or dangerous weapon on or about each individual's person or accessible property, except as provided in FAR Part 129, section 129.27, through screening by weapon detecting procedures or facilities. further, the security program is required to be designed to prohibit unauthorized access to airplanes, ensure that baggage is accepted by a responsible agent of the foreign air carrier, and prevent cargo and checked baggage from being loaded aboard its airplanes unless handled in accordance with the foreign air carrier's security procedures and shall include the procedures used to comply with applicable requirements regarding law enforcement officers. Each of these regulatory areas is discussed below in a separate paragraph.
b. A sample security program meeting the requirements of FAR Part 129, sections 129.25, 129.26, and 129.21, is avallable for use by all foreign air carriers. This program will lessen the foreign air carrier's administrative burden. The FAA encourages adoption of this security program to ensure uniform implementation of security procedures, and will be pleased to work with the foreign air carrier to explain in detail the substance of that program. Principal Security Inspectors for foreign air carriers will provide information on the sample foreign 4 Par 6
air carrier security program to their respective foreign air carriers upon request.
8. SCREENING OF PASSENGERS AND PROPERTY.
Foreign air carriers required to conduct screening include those landing or taking off in the United States in scheduled or public charter passenger operations with airplanes having a passenger seating configuration of more than 60 seats or 1 through 60 seats where the deplaned passengers will have uncontrolled access to a sterile area. Sterile area access is discussed in paragraph 11.
Additionally, 31 through 60 seat airplane operations where no sterile area is desired may be required to screen if FAA declares that a threat exists sufficient to require such protection. This aspect is discussed below in paragraph 14. Foreign air carriers required to screen or otherwise electing to screen may choose to utilize the screening facilities of another foreign air carrier operating under a security program or a certificate holder operating under an FAA approved security program or, of course, may establish a separate screening In any case, the foreign air carrier is responsible for assuring that the screening system and procedures meet FAA requirements. Foreign air carriers performing screening for the purpose of providing sterile area access to their passengers have several alternatives available. Assuming they are able to secure agreement from the concerned parties, they may elect to screen at the enplanement airport or may screen or have another foreign air carrier or certificate holder screen at the U.S. deplanement airport. Such foreign air carriers are not required to screen if their access to the sterile area is controlled through surveillance and escort procedures. Details concerning actual screening procedures are included in the Foreign Air Carrier Security Program and are not subject to discussion in this circular.
The following types of screening plans apply to all points in the U.S., and should be adaptable for use at most foreign screening points:
(1) Concourse Plan. Under this plan, an area beyond the screening point is established as a sterile area. Passengers and visitors are separated to the extent possible. If visitors are to be permitted into the sterile area, they must be screened prior to entry. Any person who exits and then reenters a sterile area must be screened. The sterile area must be properly secured against unauthorized entrance and exit. Deplaning intransit passengers should be screened before entering or be escorted through if it cannot be determined whether such passengers have been screened at their point of origin. Physical barriers should be constructed when practical to reroute the entry of arriving passengers to eliminate the possibility of the intermingling of unscreened passengers with screened passengers in the sterile area.
Par 7
(2) Hold Area Plan. Under this plan, passengers are screened as they pass into a hold area, which must be maintained as a sterile area during operational periods. Also, the hold area must be searched if unsecured before use.
(3) Gate Plan. Under this plan, passengers are screened as they board the airplane, when leaving the gate for the airplane, or when entering a jetway or ground transport vehicle.
9. CARRIAGE OF WEAPONS.
a. Foreign air carriers must assure that no person has a firearm or other deadly or dangerous weapon accessible while aboard an airplane being operated in the United States, unless that person is authorized pursuant to FAR Part 129, section 129.27. Section 129.27(a) identifies persons that may be authorized by the state or by the foreign air carrier to carry deadly or dangerous weapons aboard airplanes operated by those foreign air carriers in the United States.
b. Foreign air carriers may not knowingly allow carriage of a deadly or dangerous weapon in checked baggage nor may individuals carry a deadly or dangerous weapon in checked baggage while aboard an airplane being operated in the United States, unless the procedural requirements of FAR Part 129, section 129.27 are met. Those requirements are that:
The passenger has notified the foreign air carrier before checking the baggage that the weapon is in the baggage, and
(2) The baggage is carried in an area inaccessible to passengers.
In the interest of safety, foreign air carriers should establish procedures to assure that only unloaded firearms are carried in checked baggage.
These procedures may include a passenger declaration to the foreign air carrier that the firearm is unloaded and assurance that the firearm is carried in a container the foreign air carrier considers appropriate. Many such containers manufactured specifically for firearms transportation are commercially available.
In addition, the procedures should provide that in those cases where the firearm is other than a shotgun or rifle, the baggage in which it is carried is locked and only the passenger retains the key or combination. All such baggage must be carried in an area inaccessible to passengers and should never be carried in the
10. SECURITY OF AIRPLANES AND FACILITIES. All foreign air carriers required to conduct screening are also required to carry out a number of security procedures designed to assure the safety of their airplanes and facilities. Such procedures include prohibiting unauthorized access to the airplane, ensuring that baggage carried in the airplane is checked in by a responsible agent and that 6 Par 8
AC 129-3 6/10/82 identification is obtained from unknown shippers; ensuring that cargo and checked baggage are handled in a manner that prohibits unauthorized access; and conducting a security inspection of the airplane before placing it in service and after it has been left unattended. Detailed procedures regarding the above control functions may be obtained by contacting the foreign air carrier PSI having responsibility for that carrier.
11. ACCESS TO STERILE AREAS.
a. Foreign air carriers operating airplanes of any seating configuration to or from the United States 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 another operator using a security program; or
(2) Their access is controlled through surveillance and escort procedures or through the screening procedures of another operator. Thus, passengers may have access to a sterile area where the discharging operator has made a prior agreement 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. If a carrier chooses to implement an escort procedure, such escort should be on a ratio of carrier representatives per passengers that assures adequate safeguards while transiting nonsterile areas.
the U.S., this ratio changes depending on the physical layout, congestion, and other factors. In some cases, a ratio of one to two is necessary. Such arrangements should be coordinated in advance with the air carrier having responsibility for security of the sterile area through which escort is planned.
Without these arrangements, foreign air carrier operators not otherwise required by FAR Part 129 section 129.25(b)(1) to screen their passengers who wish to deplane their passengers into a sterile area are required by 129.25(b) (2) to adopt and implement all the provisions of an appropriate security program with respect to that passenger operation. This requires that:
(i) 100 percent screening of all passengers and their accessible items be completed before the last departure before entering the U.S., and any departure within the U.S.;
(ii) The airplane be protected; and
(iii) Procedures be used to prevent or deter the introduction of explosives and incendiaries into checked baggage for those flights.
b. On many smaller airplanes where passengers have access to a sterile area upon deplanement, checked baggage is carried in a compartment in the nose of the aircraft or in a space adjacent to the passenger seating area and is returned to the passenger either aboard the airplane upon landing or on the air operations area upon deplanement prior to entry into the sterile area. Should the passenger desire to take this baggage into the sterile area, it must be screened for firearms, Par 10 7
explosives, incendiary devices, and deadly or dangerous weapons even though the baggage may have been transported aboard the aircraft as checked baggage. If the operator's security program provides procedures for screening checked baggage for explosive devices it must follow suc procedures. Screening for firearms may be accomplished at the deplanement or enplanement airport and may be accomplished by hand search or X-ray search. An alternative to such screening is for the certificate holder to arrange for the baggage to be transported by its employees or by a gaining certificate holder's employees or others in the air operations area either for interline transfer to another certificate holder or return to the passenger after he or she exits the sterile area. Specific procedures to deal with the type of deplanement/screening/escort operations discussed above may be obtained from the appropriate FAA Principal Security Inspector.
12. LAW ENFORCEMENT OFFICERS. When a foreign air carrier is required to implement a security screening system at an airport in the United States governed by U.S.
airport security requirements (FAR Part 107), the airport operator is required to provide law enforcement support for that screening. When a foreign air carrier conducts operations from an airport in the U.S. not governed by FAR Part 107 and is required to use a screening system because the operation is a public charter, the foreign air carrier is required to provide law enforcement officers to support the screening system. An airport is governed by FAR Part 107 when it regularly serves the scheduled passenger operations of a foreign air carrier required to have a security program by FAR section 129.25.
a. At U.S. airports regularly serving scheduled passenger operations of certificate holders and foreign air carriers utilizing airplanes with more than 60 seats, the airport operator is required to adhere to the current provisions of FAR Part 107 including providing law enforcement officers to support screening.
b. At those airports in the United States regularly serving scheduled passenger operations utilizing 31- through 60-passenger seat airplanes and at which the airplane operator is not required to screen, the airplane operator will normally only have to implement 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 how to use them.
(1) The airport operator, under such circumstances, must assure that law enforcement officers are available and committed to respond to the airplane operator's request for assistance and include such information in its security program as detailed in the following paragraph. Responsibility for establishing and implementing the actual arrangements and for obtaining assistance in the case of an incident rests with the foreign air carrier.
8 Par 1l
(2) For these operations (31 thru 60 seat airplanes) in the United States, the airport operator is required to submit to the FAA for approval a security program that identifies the law enforcement support available to respond upon request of the airplane operator, a description of the procedure to be used by the foreign air carrier to summon support, a description of the training the law enforcement officers have received, and a description of the system for recording law enforcement actions taken in support of aviation security as called for by FAR Section 107.23.
c. If a foreign air carrier using airplanes with less than 61 passenger seats operating in the United States must adopt and carry out a full security program with a screening system to gain access to a sterile area, 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 in the United States with airplanes configured for less than 61 passenger seats where screening is performed under a required security program to gain access to a sterile area upon deplanement.
d. Law enforcement support (LEO) for screening provided by foreign air carriers:
(1) For a public charter using an airplane with more than 60 seats from an airport in the United States not governed by FAR Part 107, the foreign air carrier must provide LEO support. Should the airport in the United States be governed by FAR Part 107 by virtue of other scheduled service by an operator required to have a program by FAR Part 129, section 129.25, or FAR Part 108, then the airport operator must furnish the LEO to support the public charter departure.
(2) The foreign air carrier should provide law enforcement support at an airport in the United States not governed by FAR Part 107 when, to further company policy or for other reasons, it voluntarily elects to have a program and to screen flights in the United States using airplanes of less than 3l seats in scheduled operations or airplanes of less than 61 seats in charter operations. In these cases, the airport operator is not governed by FAR Part 107 by virtue of such service and where it is not otherwise governed by FAR Part 107 because of other service, the foreign air carrier should furnish the LEO.
NOTE: Law enforcement officers in the United States when required to be furnished by the foreign air carrier must meet the training and qualification standards enumerated in FAR section 107.17.
Par 12 9
e. Where a foreign air carrier operating 1-30 seat airplanes deplanes passengers into a sterile area in the United States and, because of such operations, is required to have a security program, the airport operator is required to furnish law enforcement officers to support the screening process.
I. On September 11, 1981, FAA adopted flexible law enforcement requirements for use by airport operators in the United States. These requirements provided options for airports in the way they meet regulatory responsibilities to provide law enforcement officers to support passenger screening systems. To secure FAA approval of a flexible LEO system, all airlines (foreign and domestic) utilizing the affected screening point (s) must agree to share responsibility for implementing procedures designed to strengthen the screening point (s). Should a foreign air carrier perceive the need or benefit to become involved in such a system within the United States, it will be necessary for that foreign air carrier to update its security program information to include provisions for the necessary strengthened procedures. Principal Security Inspectors will be pleased to discuss the many aspects of this program with foreign air carriers upon request.
USE OF X-RAY SYSTEMS. FAR Part 129, section 129.26, prescribes detailed procedures for the use of X-ray systems to assure the safety of X-ray operators and others working in close proximity to the devices. Foreign air carriers utilizing or planning to utilize X-ray devices should review those requirements closely and discuss any questions resulting from that review with the appropriate FAA Principal Security Inspector.
BOMB AND AIR PIRACY THREATS. FAR Part 129, section 129.25, establishes procedures for the foreign air carrier operating flights to or from the United States to follow upon receipt of a bomb threat or information that an act or suspected act of air piracy has been committed. Upon receipt of a bomb threat against a specific aircraft, each foreign air carrier is required to attempt to determine whether or not any explosive or incendiary device is aboard the airplane involved by conducting a security inspection on the ground before the next flight to or from the U.S., or, if the airplane is in flight to a place in the U.S., immediately after its next landing. Further, if the airplane is being operated on the ground, the foreign air carrier is required to advise the pilot in command to immediately submit the airplane for an inspection or if the airplane is in flight, advise the pilot in command of all pertinent information available so that necessary emergency action can be taken.
a. Immediately upon receiving information that a bomb or air piracy threat has been made against an airplane in the U.S. or in flight to a place in the U.S., the foreign air carrier is required to notify the FAA Administrator. This notice 10 Par 12
can be accomplished by contacting the nearest air traffic control facility or by advising the appropriate FAA Civil Aviation Security Office listed in Appendix 1.
If the airplane is in airspace under other than United States jurisdiction, the foreign air carrier is also required to notify the appropriate authorities of the country in whose territory the airplane is located and, if the airplane is in flight, the appropriate authorities of the country in whose territory the airplane is to land. Notification to the appropriate air traffic controlling authority is normally sufficient action to meet this requirement.
One other aspect of threat conditions covered by FAR Part 129, section 129.25, concerns the requirement that a foreign air carrier operating 31- through 60-seat airplanes must be prepared to adopt and use a full security program for all or parts of its operations to or within the U.S. upon notification by FAA's Director of Civil Aviation Security 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 where information has been received or developed concerning probable criminal acts against airplanes in this category without a prior hijacking. This type of information would be specific and FAA will not require adoption and use of contingency procedures routinely. FAA will consult with the affected foreign air carrier, the U.S. intelligence community and others, prior to "declaring" a threat condition sufficient to require adoption and use of contingency procedures. FAA will give significant weight to the views of impacted foreign air carriers during such consultations. while specific contingency procedures are not subject to discussion herein, FAA anticipates that all such procedures would not need to be adopted and used for every threat. For instance, if the specific threat is that an explosive device will be thrown over a fence at a specific airplane, the operator might only adopt and use those procedures dealing with airplane security and perimeter control. In any event, since protection against a specific threat is in the foreign air carrier's own best interests, FAA will work closely with the affected party to design mutually acceptable, adequate contingency procedures to deal with any specific threat that develops.
15. CREWMEMBER EMERGENCY TRAINING. Foreign air carriers operating airplanes in the United States are encouraged to provide antihijack training for crewmembers.
Guidance on recommended training programs is available from FAA upon request.
pille twent Billie H! Vincent Acting Director of Civil Aviation Security Par 14 11 (and 12)