PART 109--INDIRECT AIR CARRIER SECURITY
  
  Sec.
  109.1  Applicability.
  109.3  Security program.
  109.5  Approval of security programs and amendments.
  
    Authority: Secs. 313(a), 316, 601, 1005, Federal Aviation Act of 1958 (49
  U.S.C 1354(a), 1357, 1421, and 1485); and sec. 6(c), Department of
  Transportation Act (49 U.S.C 1655(c)).
  
    Source: Docket No. 19840, Amdt. 191-1, 44 FR 72345, Dec. 13, 1979, unless
  otherwise noted.
   
  Sec. 109.1  Applicability.
  
    (a) This part prescribes aviation security rules governing each air
  carrier, including each air freight forwarder and each cooperative shippers'
  association, engaged indirectly in air transportation of property;
    (b) For the purposes of this part, "property" means any package cargo.   

  Sec. 109.3  Security program.
  
    (a) Each indirect air carrier shall adopt and carry out a security program
  that--
    (1) Is designed to prevent or deter the unauthorized introduction of any
  explosive or incendiary device into any package cargo intended for carriage
  by air;
    (2) Is in writing and signed by the carrier or any person delegated
  authority in this matter;
    (3) Includes a system of security safeguards acceptable to the
  Administrator; and
    (4) Has been approved by the Administrator.
    (b) Each indirect air carrier shall maintain at least one complete copy of
  its security program at its principal business office, and a complete copy or
  the pertinent portions of its security program or appropriate implementing
  instructions at each office where package cargo is accepted, and shall make
  those documents available for inspection upon request of any Civil Aviation
  Security Special Agent.
    (c) Each indirect air carrier shall--
    (1) Restrict the distribution, disclosure, and availability of information
  contained in the security program to persons with an operational need-to-
  know;
    (2) Require those persons to keep that information confidential; and
    (3) Refer requests for such information to the Director of Civil Aviation
  Security of the FAA.
  
  [Doc. No. 19840, Amdt. 191-1, 44 FR 72345, Dec. 13, 1979, as amended by Amdt.
  109-1, 54 FR 39293, Sept. 25, 1989   

  Sec. 109.5  Approval of security programs and amendments.
  
    (a) Each indirect air carrier shall submit its security program to the
  Administrator for approval. Each carrier engaged in the air transportation of
  property before December 13, 1979, shall submit its program no later than
  January 14, 1980. Each carrier not engaged in air transportation or
  intrastate air transportation of property before December 13, 1979, shall
  submit its program at least 30 days before the date it intends to engage in
  that transportation.
    (b) Within 30 days after receipt of the program, the Administrator either
  approves the program or notifies the carrier as to modifications necessary
  for the program to comply with this part.
    (c) Any person notified pursuant to paragraph (b) of this section may
  petition the Administrator to reconsider the notice to modify within 30 days
  after receipt of the notice and, except in the case of any emergency
  requiring immediate action in the interest of safety, the filing of the
  petition stays the notice pending a decision by the Administrator.
    (d) The Administrator may order amendment of an approved security program,
  if it is determined that safety and the public interest require the
  amendment, as follows:
    (1) The Administrator notifies the carrier, in writing, of the proposed
  amendment, fixing a period of not less than 30 days within which it may
  submit written information, views, and arguments on the amendment.
    (2) After considering all relevant material, the Administrator notifies the
  carrier of any amendment adopted, or rescinds the notice of the proposed
  amendment. The amendment becomes effective not less than 30 days after such
  person receives the notice, unless it petitions the Administrator to
  reconsider the amendment, in which case the effective date is stayed by the
  Administrator.
    (3) If the Adminstrator finds that there is an emergency requiring
  immediate action with respect to safety in air transportation or in air
  commerce that makes the procedure in this paragraph impracticable or contrary
  to the public interest he may issue an amendment, effective on the date the
  carrier receives notice of it, and not subject to stay. In such a case, the
  Administrator incorporates the findings and a brief statement of the reasons
  for it, in the notice of the amendment to be adopted.
    (e) A carrier may submit a request to the Administrator to amend its
  program. The application must be filed with the Administrator at least 30
  days before the date it proposes for the amendment to become effective,
  unless a shorter period is allowed by the Administrator. Within 15 days after
  receipt of a proposed amendment, the Administrator either approves or denies
  the request. Within 30 days after receiving from the Administrator a notice
  of refusal to approve the application for amendment, the applicant may
  petition the Administrator to reconsider the refusal to amend.