352 

49 CFR Ch. XII (10–1–18 Edition) 

§ 1544.221 

and the signature of the authorizing of-
ficial of the agency, service, or depart-
ment or the official seal of the agency, 
service, or department. A badge, shield, 
or similar device may not be used, or 
accepted, as the sole means of identi-
fication. 

(iii) If the armed LEO is a State, 

county, or municipal law enforcement 
officer, he or she must present an origi-
nal letter of authority, signed by an 
authorizing official from his or her em-
ploying agency, service or department, 
confirming the need to travel armed 
and detailing the itinerary of the trav-
el while armed. 

(iv) If the armed LEO is an escort for 

a foreign official then this paragraph 
(a)(3) may be satisfied by a State De-
partment notification. 

(4) The aircraft operator must do the 

following: 

(i) Obtain information or documenta-

tion required in paragraphs (a)(3)(ii), 
(iii), and (iv) of this section. 

(ii) Advise the armed LEO, before 

boarding, of the aircraft operator’s pro-
cedures for carrying out this section. 

(iii) Have the LEO confirm he/she has 

completed the training program ‘‘Law 
Enforcement Officers Flying Armed’’ 
as required by TSA, unless otherwise 
authorized by TSA. 

(iv) Ensure that the identity of the 

armed LEO is known to the appro-
priate personnel who are responsible 
for security during the boarding of the 
aircraft. 

(v) Notify the pilot in command and 

other appropriate crewmembers, of the 
location of each armed LEO aboard the 
aircraft. Notify any other armed LEO 
of the location of each armed LEO, in-
cluding FAM’s. Under circumstances 
described in the security program, the 
aircraft operator must not close the 
doors until the notification is com-
plete. 

(vi) Ensure that the information re-

quired in paragraphs (a)(3)(i) and (ii) of 
this section is furnished to the flight 
crew of each additional connecting 
flight by the Ground Security Coordi-
nator or other designated agent at each 
location. 

(b) 

Flights for which screening is not 

conducted. 

The provisions of 

§ 1544.201(d), with respect to accessible 
weapons, do not apply to a LEO aboard 

a flight for which screening is not re-
quired if the requirements of para-
graphs (a)(1), (3), and (4) of this section 
are met. 

(c) 

Alcohol. 

(1) No aircraft operator 

may serve any alcoholic beverage to an 
armed LEO. 

(2) No armed LEO may: 
(i) Consume any alcoholic beverage 

while aboard an aircraft operated by an 
aircraft operator. 

(ii) Board an aircraft armed if they 

have consumed an alcoholic beverage 
within the previous 8 hours. 

(d) 

Location of weapon. 

(1) Any indi-

vidual traveling aboard an aircraft 
while armed must at all times keep 
their weapon: 

(i) Concealed and out of view, either 

on their person or in immediate reach, 
if the armed LEO is not in uniform. 

(ii) On their person, if the armed LEO 

is in uniform. 

(2) No individual may place a weapon 

in an overhead storage bin. 

§ 1544.221

Carriage of prisoners under 

the control of armed law enforce-
ment officers. 

(a) This section applies as follows: 
(1) This section applies to the trans-

port of prisoners under the escort of an 
armed law enforcement officer. 

(2) This section does not apply to the 

carriage of passengers under voluntary 
protective escort. 

(3) This section does not apply to the 

escort of non-violent detainees of the 
Immigration and Naturalization Serv-
ice. This section does not apply to indi-
viduals who may be traveling with a 
prisoner and armed escort, such as the 
family of a deportee who is under 
armed escort. 

(b) For the purpose of this section: 
(1) ‘‘High risk prisoner’’ means a pris-

oner who is an exceptional escape risk, 
as determined by the law enforcement 
agency, and charged with, or convicted 
of, a violent crime. 

(2) ‘‘Low risk prisoner’’ means any 

prisoner who has not been designated 
as ‘‘high risk.’’ 

(c) No aircraft operator may carry a 

prisoner in the custody of an armed 
law enforcement officer aboard an air-
craft for which screening is required 
unless, in addition to the requirements 

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