[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: 49CFR1548.7]

[Page 357-359]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1548_INDIRECT AIR CARRIER SECURITY--Table of Contents
 
Sec. 1548.7  Approval and amendments of the security program.

    (a) Initial approval of security program. Unless otherwise 
authorized by TSA, each indirect air carrier required to

[[Page 358]]

have a security program under this part must submit its proposed 
security program to the designated official for approval at least 90 
calendar days before the date of intended operations. The proposed 
security program must meet the requirements applicable to its operation 
as described in Sec. 1540.5. Such request will be processed as follows:
    (1) The designated official, within 30 calendar days after receiving 
the proposed indirect air carrier security program, will either approve 
the program or give the indirect air carrier written notice to modify 
the program to comply with the applicable requirements of this part.
    (2) The indirect air carrier 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 calendar 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 calendar 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 indirect air carrier. An indirect air 
carrier may submit a request to the designated official to amend its 
security program as follows:
    (1) The request for 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 an indirect air carrier security program may be 
approved if the designated official determines that safety and the 
public interest will allow it, and if the proposed amendment provides 
the level of security required under this part.
    (4) Within 30 calendar days after receiving a denial, the indirect 
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 will dispose of the petition within 
30 calendar days of receipt by either directing the designated official 
to approve the amendment or by 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 notifies the indirect air carrier, in 
writing, of the proposed amendment, fixing a period of not less than 30 
calendar days within which the indirect air carrier may submit written 
information, views, and arguments on the amendment.
    (2) After considering all relevant material, the designated official 
notifies the indirect 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 indirect air carrier receives the notice 
of amendment, unless the indirect air carrier petitions the 
Administrator to reconsider no later than 15 calendar days before the 
effective date of the amendment. The indirect 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 notice or by affirming the amendment.

[[Page 359]]

    (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 that 
the indirect 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 indirect 
air carrier may file a petition for reconsideration under paragraph (c) 
of this section; however, this will not stay the effective date of the 
emergency amendment.