[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1542.113]

[Page 303-304]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1542--AIRPORT SECURITY--Table of Contents
 
                   Subpart B--Airport Security Program
 
Sec. 1542.113  Airport tenant security programs.

    (a) TSA may approve an airport tenant security program as follows:
    (1) The tenant must assume responsibility for specified security 
measures of the secured area, AOA, or SIDA as provided in Sec.Sec. 
1542.201, 1542.203, and 1542.205.
    (2) The tenant may not assume responsibility for law enforcement 
support under Sec. 1542.215.
    (3) The tenant must assume the responsibility within the tenant's 
leased areas or areas designated for the tenant's exclusive use. A 
tenant may not assume responsibility under a tenant security program for 
the airport passenger terminal.

[[Page 304]]

    (4) Responsibility must be exclusive to one tenant, and shared 
responsibility among tenants is not permitted.
    (5) TSA must find that the tenant is able and willing to carry out 
the airport tenant security program.
    (b) An airport tenant security program must be in writing, signed by 
the airport operator and the airport tenant, and maintained in the 
airport security program. The airport tenant security program must 
include the following:
    (1) A description and a map of the boundaries and pertinent features 
of each area over which the airport tenant will exercise security 
responsibilities.
    (2) A description of the measures the airport tenant has assumed.
    (3) Measures by which the airport operator will monitor and audit 
the tenant's compliance with the security program.
    (4) Monetary and other penalties to which the tenant may be subject 
if it fails to carry out the airport tenant security program.
    (5) Circumstances under which the airport operator will terminate 
the airport tenant security program for cause.
    (6) A provision acknowledging that the tenant is subject to 
inspection by TSA in accordance with Sec. 1542.5.
    (7) A provision acknowledging that individuals who carry out the 
tenant security program are contracted to or acting for the airport 
operator and are required to protect sensitive information in accordance 
with part 1520 of this chapter, and may be subject to civil penalties 
for failing to protect sensitive security information.
    (8) Procedures by which the tenant will immediately notify the 
airport operator of and provide for alternative security measures for 
changed conditions as described in Sec. 1542.103(a).
    (c) If TSA has approved an airport tenant security program, the 
airport operator may not be found to be in violation of a requirement of 
this part in any case in which the airport operator demonstrates that:
    (1) The tenant or an employee, permittee, or invitee of the tenant, 
is responsible for such violation; and
    (2) The airport operator has complied with all measures in its 
security program to ensure the tenant has complied with the airport 
tenant security program.
    (d) TSA may amend or terminate an airport tenant security program in 
accordance with Sec. 1542.105.