# 49 C.F.R. § 1572.109 (2026): Mental capacity

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_109

## Section

- **Citation:** 49 C.F.R. § 1572.109 (2026)
- **Heading:** Mental capacity
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 49 CFR: Transportation / Chapter XII: TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY / Part 1572: CREDENTIALING AND SECURITY THREAT ASSESSMENTS / Subpart B: Standards for Security Threat Assessments / § 1572.109: § 1572.109   Mental capacity.

## Text

(a) An applicant has mental incapacity, if he or she has been—
(1) Adjudicated as lacking mental capacity; or
(2) Committed to a mental health facility.
(b) An applicant is adjudicated as lacking mental capacity if—
(1) A court, board, commission, or other lawful authority has determined that the applicant, as a result of marked subnormal intelligence, mental illness, incompetence, condition, or disease, is a danger to himself or herself or to others, or lacks the mental capacity to conduct or manage his or her own affairs.
(2) This includes a finding of insanity by a court in a criminal case and a finding of incompetence to stand trial; or a finding of not guilty by reason of lack of mental responsibility, by any court, or pursuant to articles 50a and 76b of the Uniform Code of Military Justice (10 U.S.C. 850a and 876b).
(c) An applicant is committed to a mental health facility if he or she is formally committed to a mental health facility by a court, board, commission, or other lawful authority, including involuntary commitment and commitment for lacking mental capacity, mental illness, and drug use. This does not include commitment to a mental health facility for observation or voluntary admission to a mental health facility.

## Nearby sections

- [49 C.F.R. § 1572.101 (2026) § 1572.101   Scope.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_101.md)
- [49 C.F.R. § 1572.103 (2026) § 1572.103   Disqualifying criminal offenses.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_103.md)
- [49 C.F.R. § 1572.105 (2026) § 1572.105   Immigration status.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_105.md)
- [49 C.F.R. § 1572.107 (2026) § 1572.107   Other analyses.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_107.md)
- [49 C.F.R. § 1572.109 (2026) § 1572.109   Mental capacity.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_109.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T49_P1572_S1572_109. Check the current official text before relying on it. Not legal advice.