[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1542.105]

[Page 309-310]
 
                        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. 1542.105  Approval and amendments.

    (a) Initial approval of security program. Unless otherwise 
authorized by the designated official, each airport operator required to 
have a security program under this part must submit its initial proposed 
security program to the designated official for approval at least 90 
days before the date any aircraft operator or foreign air carrier 
required to have a security program under part 1544 or part 1546 of this 
chapter is expected to begin operations. Such requests will be processed 
as follows:
    (1) The designated official, within 30 days after receiving the 
proposed security program, will either approve the program or give the 
airport operator written notice to modify the program to comply with the 
applicable requirements of this part.
    (2) The airport operator may either submit a modified security 
program to the designated official for approval, or petition the 
Administrator to reconsider the notice to modify within 30 days of 
receiving a notice to modify. A petition for reconsideration must be 
filed with the designated official.
    (3) The designated official, upon receipt of a petition for 
reconsideration, either amends or withdraws the notice, or transmits the 
petition, together with any pertinent information, to the Administrator 
for reconsideration. The Administrator disposes of the petition within 
30 days of receipt by either directing the designated official to 
withdraw or amend the notice to modify, or by affirming the notice to 
modify.
    (b) Amendment requested by an airport operator. Except as provided 
in Sec. 1542.103(c), an airport operator may submit a request to the 
designated official to amend its security program, as follows:

[[Page 310]]

    (1) The request for an amendment must be filed with the designated 
official at least 45 days before the date it proposes for the amendment 
to become effective, unless a shorter period is allowed by the 
designated official.
    (2) Within 30 days after receiving a proposed amendment, the 
designated official, in writing, either approves or denies the request 
to amend.
    (3) An amendment to a security program may be approved if the 
designated official determines that safety and the public interest will 
allow it, and the proposed amendment provides the level of security 
required under this part.
    (4) Within 30 days after receiving a denial, the airport operator 
may petition the Administrator to reconsider the denial.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the petition 
within 30 days of receipt, together with any pertinent information, to 
the Administrator for reconsideration. The Administrator disposes of the 
petition within 30 days of receipt by either directing the designated 
official to approve the amendment or affirming the denial.
    (c) Amendment by TSA. If safety and the public interest require an 
amendment, the designated official may amend a security program as 
follows:
    (1) The designated official sends to the airport operator a notice, 
in writing, of the proposed amendment, fixing a period of not less than 
30 days within which the airport operator may submit written 
information, views, and arguments on the amendment.
    (2) After considering all relevant material, the designated official 
notifies the airport operator of any amendment adopted or rescinds the 
notice. If the amendment is adopted, it becomes effective not less than 
30 days after the airport operator receives the notice of amendment, 
unless the airport operator petitions the Administrator to reconsider no 
later than 15 days before the effective date of the amendment. The 
airport operator must send the petition for reconsideration to the 
designated official. A timely petition for reconsideration stays the 
effective date of the amendment.
    (3) Upon receipt of a petition for reconsideration, the designated 
official either amends or withdraws the notice, or transmits the 
petition, together with any pertinent information to the Administrator 
for reconsideration. The Administrator disposes of the petition within 
30 days of receipt by either directing the designated official to 
withdraw or amend the amendment, or by affirming the amendment.
    (d) Emergency amendments. Notwithstanding paragraph (c) of this 
section, if the designated official finds that there is an emergency 
requiring immediate action with respect to safety and security in air 
transportation or in air commerce that makes procedures in this section 
contrary to the public interest, the designated official may issue an 
amendment, effective without stay on the date the airport operator 
receives the notice of it. In such a case, the designated official must 
incorporate in the notice a brief statement of the reasons and findings 
for the amendment to be adopted. The airport operator may file a 
petition for reconsideration under paragraph (c) of this section; 
however, this does not stay the effective date of the emergency 
amendment.