353 

Transportation Security Administration, DHS 

§ 1544.223 

in § 1544.219, the following requirements 
are met: 

(1) The agency responsible for control 

of the prisoner has determined whether 
the prisoner is considered a high risk 
or a low risk. 

(2) Unless otherwise authorized by 

TSA, no more than one high risk pris-
oner may be carried on the aircraft. 

(d) 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 the following staffing require-
ments are met: 

(1) A minimum of one armed law en-

forcement officer must control a low 
risk prisoner on a flight that is sched-
uled for 4 hours or less. One armed law 
enforcement officer may control no 
more than two low risk prisoners. 

(2) A minimum of two armed law en-

forcement officers must control a low 
risk prisoner on a flight that is sched-
uled for more than 4 hours. Two armed 
law enforcement officers may control 
no more than two low risk prisoners. 

(3) For high-risk prisoners: 
(i) For one high-risk prisoner on a 

flight: A minimum of two armed law 
enforcement officers must control a 
high risk prisoner. No other prisoners 
may be under the control of those two 
armed law enforcement officers. 

(ii) If TSA has authorized more than 

one high-risk prisoner to be on the 
flight under paragraph (c)(2) of this 
section, a minimum of one armed law 
enforcement officer for each prisoner 
and one additional armed law enforce-
ment officer must control the pris-
oners. No other prisoners may be under 
the control of those armed law enforce-
ment officers. 

(e) An armed law enforcement officer 

who is escorting a prisoner— 

(1) Must notify the aircraft operator 

at least 24 hours before the scheduled 
departure, or, if that is not possible as 
far in advance as possible of the fol-
lowing— 

(i) The identity of the prisoner to be 

carried and the flight on which it is 
proposed to carry the prisoner; and 

(ii) Whether or not the prisoner is 

considered to be a high risk or a low 
risk. 

(2) Must arrive at the check-in 

counter at least 1 hour before to the 
scheduled departure. 

(3) Must assure the aircraft operator, 

before departure, that each prisoner 
under the control of the officer(s) has 
been searched and does not have on or 
about his or her person or property 
anything that can be used as a weapon. 

(4) Must be seated between the pris-

oner and any aisle. 

(5) Must accompany the prisoner at 

all times, and keep the prisoner under 
control while aboard the aircraft. 

(f) No aircraft operator may carry a 

prisoner in the custody of an armed 
law enforcement officer aboard an air-
craft unless the following are met: 

(1) When practicable, the prisoner 

must be boarded before any other 
boarding passengers and deplaned after 
all other deplaning passengers. 

(2) The prisoner must be seated in a 

seat that is neither located in any pas-
senger lounge area nor located next to 
or directly across from any exit and, 
when practicable, the aircraft operator 
should seat the prisoner in the rear-
most seat of the passenger cabin. 

(g) Each armed law enforcement offi-

cer escorting a prisoner and each air-
craft operator must ensure that the 
prisoner is restrained from full use of 
his or her hands by an appropriate de-
vice that provides for minimum move-
ment of the prisoner’s hands, and must 
ensure that leg irons are not used. 

(h) No aircraft operator may provide 

a prisoner under the control of a law 
enforcement officer— 

(1) With food or beverage or metal 

eating utensils unless authorized to do 
so by the armed law enforcement offi-
cer. 

(2) With any alcoholic beverage. 

§ 1544.223

Transportation of Federal 

Air Marshals. 

(a) A Federal Air Marshal on duty 

status may have a weapon accessible 
while aboard an aircraft for which 
screening is required. 

(b) Each aircraft operator must carry 

Federal Air Marshals, in the number 
and manner specified by TSA, on each 
scheduled passenger operation, and 
public charter passenger operation des-
ignated by TSA. 

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