345 

Transportation Security Administration, DHS 

§ 1544.105 

(3) The designated official, upon re-

ceipt 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 di-
recting the designated official to with-
draw or amend the notice to modify, or 
by affirming the notice to modify. 

(b) 

Amendment requested by an aircraft 

operator. 

An aircraft operator may sub-

mit a request to TSA to amend its se-
curity program as follows: 

(1) The request for an amendment 

must be filed with the designated offi-
cial at least 45 days before the date it 
proposes for the amendment to become 
effective, unless a shorter period is al-
lowed 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 an aircraft op-

erator security program may be ap-
proved if the designated official deter-
mines that safety and the public inter-
est will allow it, and the proposed 
amendment provides the level of secu-
rity required under this part. 

(4) Within 30 days after receiving a 

denial, the aircraft operator may peti-
tion the Administrator to reconsider 
the denial. A petition for reconsider-
ation must be filed with the designated 
official. 

(5) Upon receipt of a petition for re-

consideration, 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 days of receipt by either di-
recting the designated official to ap-
prove the amendment, or affirming the 
denial. 

(6) Any aircraft operator may submit 

a group proposal for an amendment 
that is on behalf of it and other air-
craft operators that co-sign the pro-
posal. 

(c) 

Amendment by TSA. 

If safety and 

the public interest require an amend-
ment, TSA may amend a security pro-
gram as follows: 

(1) The designated official notifies 

the aircraft operator, in writing, of the 
proposed amendment, fixing a period of 
not less than 30 days within which the 
aircraft operator may submit written 
information, views, and arguments on 
the amendment. 

(2) After considering all relevant ma-

terial, the designated official notifies 
the aircraft operator of any amend-
ment adopted or rescinds the notice. If 
the amendment is adopted, it becomes 
effective not less than 30 days after the 
aircraft operator receives the notice of 
amendment, unless the aircraft oper-
ator petitions the Administrator to re-
consider no later than 15 days before 
the effective date of the amendment. 
The aircraft operator must send the pe-
tition for reconsideration to the des-
ignated official. A timely petition for 
reconsideration stays the effective date 
of the amendment. 

(3) Upon receipt of a petition for re-

consideration, 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 di-
recting the designated official to with-
draw or amend the amendment, or by 
affirming the amendment. 

(d) 

Emergency amendments. 

If the des-

ignated official finds that there is an 
emergency requiring immediate action 
with respect to safety in air transpor-
tation or in air commerce that makes 
procedures in this section contrary to 
the public interest, the designated offi-
cial may issue an amendment, without 
the prior notice and comment proce-
dures in paragraph (c) of this section, 
effective without stay on the date the 
aircraft operator 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 
aircraft operator may file a petition 
for reconsideration under paragraph (c) 
of this section; however, this does not 
stay the effective date of the emer-
gency amendment. 

[67 FR 8353, Feb. 22, 2002, as amended at 76 
FR 51867, Aug. 18, 2011] 

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