§ 109.5 - Approval of security programs and amendments.

(a) Each indirect air carrier shall submit its security program to the Administrator for approval. Each carrier engaged in the air transportation of property before December 13, 1979, shall submit its program no later than January 14, 1980. Each carrier not engaged in air transportation or intrastate air transportation of property before December 13, 1979, shall submit its program at least 30 days before the date it intends to engage in that transportation.

(b) Within 30 days after receipt of the program, the Administrator either approves the program or notifies the carrier as to modifications necessary for the program to comply with this part.

(c) Any person notified pursuant to paragraph (b) of this section may petition the Administrator to reconsider the notice to modify within 30 days after receipt of the notice and, except in the case of any emergency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a decision by the Administrator.

(d) The Administrator may order amendment of an approved security program, if it is determined that safety and the public interest require the amendment, as follows:

(1) The Administrator notifies the carrier, in writing, of the proposed amendment, fixing a period of not less than 30 days within which it may submit written information, views, and arguments on the amendment.

(2) After considering all relevant material, the Administrator notifies the carrier of any amendment adopted, or rescinds the notice of the proposed amendment. The amendment becomes effective not less than 30 days after such person receives the notice, unless it petitions the Administrator to reconsider the amendment, in which case the effective date is stayed by the Administrator.

(3) If the Adminstrator finds that there is an emergency requiring immediate action with respect to safety in air transportation or in air commerce that makes the procedure in this paragraph impracticable or contrary to the public interest he may issue an amendment, effective on the date the carrier receives notice of it, and not subject to stay. In such a case, the Administrator incorporates the findings and a brief statement of the reasons for it, in the notice of the amendment to be adopted.

(e) A carrier may submit a request to the Administrator to amend its program. The application must be filed with the Administrator at least 30 days before the date it proposes for the amendment to become effective, unless a shorter period is allowed by the Administrator. Within 15 days after receipt of a proposed amendment, the Administrator either approves or denies the request. Within 30 days after receiving from the Administrator a notice of refusal to approve the application for amendment, the applicant may petition the Administrator to reconsider the refusal to amend.