[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: 49CFR1546.105]

[Page 350-351]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1546_FOREIGN AIR CARRIER SECURITY--Table of Contents
 
                       Subpart B_Security Program
 
Sec. 1546.105  Acceptance of and amendments to the security program.

    (a) Initial acceptance of security program. Unless otherwise 
authorized by TSA, each foreign air carrier required to have a security 
program by this part must submit its proposed program to TSA at least 90 
days before the intended date of passenger operations. TSA will notify 
the foreign air carrier of the security program's acceptability, or the 
need to modify the proposed security program for it to be acceptable 
under this part, within 30 days after receiving the proposed security 
program. The foreign air carrier may petition TSA to reconsider the 
notice to modify the security program within 30 days after receiving a 
notice to modify.
    (b) Amendment requested by a foreign air carrier. A foreign air 
carrier may submit a request to TSA to amend its accepted security 
program as follows:
    (1) The proposed amendment must be filed with the designated 
official at least 45 calendar 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 calendar days after receiving a proposed amendment, 
the designated official, in writing, either approves or denies the 
request to amend.
    (3) An amendment to a foreign air carrier 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 45 calendar days after receiving a denial, the foreign 
air carrier may petition the Administrator to reconsider the denial. A 
petition for reconsideration must be filed with the designated official.
    (5) Upon receipt of a petition for reconsideration, the designated 
official either approves the request to amend or transmits the petition, 
together with any pertinent information, to the Administrator for 
reconsideration. The Administrator disposes of the petition within 30 
calendar days of receipt by either directing the designated official to 
approve the amendment, or affirming the denial.
    (6) Any foreign air carrier may submit a group proposal for an 
amendment that is on behalf of it and other aircraft operators that co-
sign the proposal.
    (c) Amendment by TSA. If the safety and the public interest require 
an amendment, the designated official may amend an accepted security 
program as follows:
    (1) The designated official notifies the foreign air carrier, in 
writing, of the proposed amendment, fixing a period of not less than 45 
calendar days within which the foreign air carrier may submit written 
information, views, and arguments on the amendment.

[[Page 351]]

    (2) After considering all relevant material, the designated official 
notifies the foreign air carrier of any amendment adopted or rescinds 
the notice. If the amendment is adopted, it becomes effective not less 
than 30 calendar days after the foreign air carrier receives the notice 
of amendment, unless the foreign air carrier petitions the Administrator 
to reconsider no later than 15 calendar days before the effective date 
of the amendment. The foreign air carrier 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 calendar days of receipt by either directing the designated official 
to withdraw or amend the amendment, or by affirming the amendment.
    (d) Emergency amendments. If the designated official finds that 
there is an emergency requiring immediate action with respect to safety 
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, without the prior notice and comment procedures in 
paragraph (c) of this section, effective without stay on the date the 
foreign air carrier receives notice of it. In such a case, the 
designated official will incorporate in the notice a brief statement of 
the reasons and findings for the amendment to be adopted. The foreign 
air carrier may file a petition for reconsideration under paragraph (c) 
of this section; however, this does not stay the effectiveness of the 
emergency amendment.