FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 22, 2011 | 3:22 pm
  #299  
ND Sol
10 Countries Visited
20 Countries Visited
30 Countries Visited
20 Years on Site
 
Join Date: Sep 2003
Location: Houston
Posts: 8,957
Originally Posted by Chaos.Defined
I have to disagree with your interpretation of 49 C.F.R. §1540.105(a)(2)
my qualms being in that it was not as strictly constructed as you seem to believe, as it did not limit the control of access to "screening" (limited to searching for WEI) exclusively...
How would you read it? There are secured areas, AOA, SIDA and sterile areas listed in 49 C.F.R. §1540.105(a)(2). As passengers, we only enter sterile areas. The definition of sterile area sets forth the specifics for those systems, measures and procedures for controlling access, which is the screening of persons and property. How is that screening accomplished – through the screening function, which is defined as “inspection of individuals and property for weapons, explosives, and incendiaries.” No id requirements or questioning is listed.

A basic rule of construction is that CFR’s are to be interpreted in the strictest sense especially when the regulation involves restrictions on individuals and their actions. The agency that promulgates the regulation also is the drafter. As such, if the agency wanted to make the rule broader, it should have drafted it as such.


Originally Posted by Chaos.Defined
Also 1540.107(c) would seem to be an enforcing clause to the requirements set forth in § 1560.105
yes, the operator does the watchlist matching, but the subsequent application of security procedures is contingent on the results of said matching; the transmission of this information being primarily in the form of boarding passes. So I guess they're counting reading the output as an extension of the matching process..
What you stated would be correct as the denial of a boarding pass would happen and would necessitate at a minimum a face to face with an airline employee. But this is not part of what happens at the TDC, nor part of what is occurring with questioning.
ND Sol is offline