1540.201—Applicability and terms used in this subpart.
(a)
This subpart includes the procedures that certain aircraft operators, foreign air carriers, indirect air carriers, certified cargo screening facilities, and TSA-approved validation firms must use to have security threat assessments performed on certain individuals pursuant to 49 CFR 1522.121, 1544.228, 1546.213, 1548.7, 1548.15, 1548.16, and 1549.113. This subpart applies to the following:
(1)
Each aircraft operator operating under a full program or full all-cargo program described in 49 CFR 1544.101(a) or (h).
(2)
Each foreign air carrier operating under a program described in 49 CFR 1546.101(a), (b), or (e).
(4)
Each applicant applying for unescorted access to cargo under one of the programs described in (a)(1) through (a)(3) of this section.
(5)
Each proprietor, general partner, officer, director, or owner of an indirect air carrier as described in 49 CFR 1548.16.
(7)
Each individual a certified cargo screening facility authorizes to perform screening or supervise screening.
(8)
Each individual the certified cargo screening facility authorizes to have unescorted access to cargo at any time from the time it is screened until the time it is tendered to an indirect air carrier under 49 CFR part 1548, an aircraft operator under part 1544, or a foreign air carrier under part 1546.
(9)
The senior manager or representative of its facility in control of the operations of a certified cargo screening facility under 49 CFR part 1549.
(10)
Each TSA-approved validation firm for the certified cargo screening program described in 49 CFR part 1522 subpart B.
(11)
Each individual of the TSA-approved validation firm under 49 CFR part 1522 subpart B who supervises, conducts, or assists in the validation.
(12)
The security coordinator and alternates of each TSA-approved validation firm under 49 CFR part 1522 subpart B and of each certified cargo screening facility.
Applicant means the individuals listed in paragraph (a) of this section.
Operator means an aircraft operator, foreign air carrier, and indirect air carrier listed in paragraphs (a)(1) through (a)(3) of this section, a certified cargo screening facility described in paragraph (a)(6) of this section, and a TSA-approved validator described in paragraph (a)(10) of this section.
(c)
An applicant poses a security threat under this subpart when TSA determines that he or she is known to pose or is suspected of posing a threat—