Covered person means any organization, entity, individual, or other person described in §1520.7. In the case of an individual, covered person includes any individual applying for employment in a position that would be a covered person, or in training for such a position, regardless of whether that individual is receiving a wage, salary, or other form of payment. Covered person includes a person applying for certification or other form of approval that, if granted, would make the person a covered person described in §1520.7.

§ 1520.7 Covered persons.

Persons subject to the requirements of part 1520 are:

(a) Each airport operator, aircraft operator, and fixed base operator subject to the requirements of subchapter C of this chapter, and each armed security officer under subpart B of part 1562.

(b) Each indirect air carrier (IAC), as described in 49 CFR part 1548; each validation firm and its personnel, as described in 49 CFR 1522; and each certified cargo screening facility and its personnel, as described in 49 CFR 1549.

(c) Each owner, charterer, or operator of a vessel, including foreign vessel owners, charterers, and operators, required to have a security plan under Federal or International law.

(d) Each owner or operator of a maritime facility required to have a security plan under the Maritime Transportation Security Act, (Pub.L. 107–295), 46 U.S.C. 70101 et seq., 33 CFR part 6, or 33 U.S.C. 1221 et seq.

(e) Each person performing the function of a computer reservation system or global distribution system for airline passenger information.

(f) Each person participating in a national or area security committee established under 46 U.S.C. 70112, or a port security committee.

(g) Each industry trade association that represents covered persons and has entered into a non-disclosure agreement with the DHS or DOT.

(h) DHS and DOT.

(i) Each person conducting research and development activities that relate to aviation or maritime transportation security and are approved, accepted, funded, recommended, or directed by DHS or DOT.

(j) Each person who has access to SSI, as specified in §1520.11.

(k) Each person employed by, contracted to, or acting for a covered person, including a grantee of DHS or DOT, and including a person formerly in such position.

(l) Each person for which a vulnerability assessment has been directed, created, held, funded, or approved by the DOT, DHS, or that has prepared a vulnerability assessment that will be provided to DOT or DHS in support of a Federal security program.

(m) Each person receiving SSI under §1520.15(d) or (e).

(n) Each railroad carrier, rail hazardous materials shipper, rail hazardous materials receiver, and rail transit system subject to the requirements of part 1580 of this chapter.

§ 1520.17 Consequences of unauthorized disclosure of SSI.

Violation of this part is grounds for a civil penalty and other enforcement or corrective action by DHS, and appropriate personnel actions for Federal employees. Corrective action may include issuance of an order requiring retrieval of SSI to remedy unauthorized disclosure or an order to cease future unauthorized disclosure.

(j) Each person who has access to SSI, as specified in §1520.11.

(a) General. - In conducting a hearing or investigation under
this part, the Secretary of Transportation (or the Under Secretary
of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or the
Administrator of the Federal Aviation Administration with respect
to aviation safety duties and powers designated to be carried out
by the Administrator) may -
(1) subpena witnesses and records related to a matter involved
in the hearing or investigation from any place in the United
States to the designated place of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United States the
Secretary, Under Secretary, or Administrator designates.
(b) Compliance With Subpenas. - If a person disobeys a subpena,
the Secretary, the Under Secretary, the Administrator, or a party
to a proceeding before the Secretary, Under Secretary, or
Administrator may petition a court of the United States to enforce
the subpena. A judicial proceeding to enforce a subpena under this
section may be brought in the jurisdiction in which the proceeding
or investigation is conducted. The court may punish a failure to
obey an order of the court to comply with the subpena as a contempt
of court.

AUTHORITY

This subpoena is issued under the authority contained in 49 U.S.C. §§ 40113 and 46104; and 49 C.F.R § 1503.3.

Any person who neglects or refuses to produce records in obedience to this subpoena is subject to fines under Title 18, United States Code, imprisonment for not more than one year, or both, 49 U.S.C § 46313.