363
Transportation Security Administration, DHS
§ 1544.230
an individual with authority to per-
form a covered function has a possible
conviction for any disqualifying crimi-
nal offense in paragraph (d) of this sec-
tion, the aircraft operator must deter-
mine the status of the conviction. If a
disqualifying criminal offense is con-
firmed the aircraft operator must im-
mediately revoke any authority to per-
form a covered function.
(4) Each individual with authority to
perform checked baggage or cargo
functions on February 17, 2002, who had
a disqualifying criminal offense in
paragraph (d) of this section on or after
February 17, 1992, must, by March 25
2002, report the conviction to the air-
craft operator and cease performing
check baggage or cargo functions.
(m)
Aircraft operator responsibility.
The aircraft operator must—
(1) Designate an individual(s) to be
responsible for maintaining and con-
trolling the employment history inves-
tigations for those whom the aircraft
operator has made a certification to an
airport operator under 14 CFR
107.209(n) in effect prior to November
14, 2001 (see 14 CFR parts 60 to 139 re-
vised as of January 1, 2001), and for
those whom the aircraft operator has
issued identification media that are
airport-accepted. The aircraft operator
must designate a direct employee to
maintain, control, and, as appropriate,
destroy criminal records.
(2) Designate an individual(s) to
maintain the employment history in-
vestigations of individuals with au-
thority to perform screening functions
whose files must be maintained at the
location or station where the screener
is performing his or her duties.
(3) Designate an individual(s) at ap-
propriate locations to serve as the con-
tact to receive notification from indi-
viduals seeking authority to perform
covered functions of their intent to
seek correction of their FBI criminal
record.
(4) Audit the employment history in-
vestigations performed in accordance
with this section and 14 CFR 108.33 in
effect prior to November 14, 2001 (see 14
CFR parts 60 to 139 revised as of Janu-
ary 1, 2001). The aircraft operator must
set forth the audit procedures in its se-
curity program.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30511, May 26, 2006]
§ 1544.230
Fingerprint-based criminal
history records checks (CHRC):
Flightcrew members.
(a)
Scope. This section applies to each
flightcrew member for each aircraft op-
erator, except that this section does
not apply to flightcrew members who
are subject to § 1544.229.
(b)
CHRC required. Each aircraft oper-
ator must ensure that each flightcrew
member has undergone a fingerprint-
based CHRC that does not disclose that
he or she has a disqualifying criminal
offense, as described in § 1544.229(d), be-
fore allowing that individual to serve
as a flightcrew member.
(c)
Application and fees. Each aircraft
operator must ensure that each
flightcrew member’s fingerprints are
obtained and submitted as described in
§ 1544.229 (e) and (f).
(d)
Determination of arrest status. (1)
When a CHRC on an individual de-
scribed in paragraph (a) of this section
discloses an arrest for any disquali-
fying criminal offense listed in
§ 1544.229(d) without indicating a dis-
position, the aircraft operator must de-
termine, after investigation, that the
arrest did not result in a disqualifying
offense before the individual may serve
as a flightcrew member. If there is no
disposition, or if the disposition did not
result in a conviction or in a finding of
not guilty by reason of insanity of one
of the offenses listed in § 1544.229(d), the
flight crewmember is not disqualified
under this section.
(2) When a CHRC on an individual de-
scribed in paragraph (a) of this section
discloses an arrest for any disquali-
fying criminal offense listed in
§ 1544.229(d) without indicating a dis-
position, the aircraft operator must
suspend the individual’s flightcrew
member privileges not later than 45
days after obtaining a CHRC, unless
the aircraft operator determines, after
investigation, that the arrest did not
result in a disqualifying criminal of-
fense. If there is no disposition, or if
the disposition did not result in a con-
viction or in a finding of not guilty by
reason of insanity of one of the offenses
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49 CFR Ch. XII (10–1–23 Edition)
§ 1544.230
listed in § 1544.229(d), the flight crew-
member is not disqualified under this
section.
(3) The aircraft operator may only
make the determinations required in
paragraphs (d)(1) and (d)(2) of this sec-
tion for individuals whom it is using,
or will use, as a flightcrew member.
The aircraft operator may not make
determinations for individuals de-
scribed in § 1542.209(a) of this chapter.
(e)
Correction of FBI records and notifi-
cation of disqualification. (1) Before
making a final decision to deny the in-
dividual the ability to serve as a
flightcrew member, the aircraft oper-
ator must advise the individual that
the FBI criminal record discloses infor-
mation that would disqualify the indi-
vidual from serving as a flightcrew
member and provide the individual
with a copy of the FBI record if the in-
dividual requests it.
(2) The aircraft operator must notify
the individual that a final decision has
been made to allow or deny the indi-
vidual flightcrew member status.
(3) Immediately following the denial
of flightcrew member status, the air-
craft operator must advise the indi-
vidual that the FBI criminal record
discloses information that disqualifies
him or her from retaining his or her
flightcrew member status, and provide
the individual with a copy of the FBI
record if he or she requests it.
(f)
Corrective action by the individual.
The individual may contact the local
jurisdiction responsible for the infor-
mation and the FBI to complete or cor-
rect the information contained in his
or her record, subject to the following
conditions—
(1) Within 30 days after being advised
that the criminal record received from
the FBI discloses a disqualifying crimi-
nal offense, the individual must notify
the aircraft operator in writing of his
or her intent to correct any informa-
tion he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the
individual, of the revised FBI record or
a certified true copy of the information
from the appropriate court, prior to al-
lowing the individual to serve as a
flightcrew member.
(2) If no notification, as described in
paragraph (f)(1) of this section, is re-
ceived within 30 days, the aircraft oper-
ator may make a final determination
to deny the individual flightcrew mem-
ber status.
(g)
Limits on the dissemination of re-
sults. Criminal record information pro-
vided by the FBI may be used only to
carry out this section. No person may
disseminate the results of a CHRC to
anyone other than—
(1) The individual to whom the record
pertains, or that individual’s author-
ized representative.
(2) Others designated by TSA.
(h)
Recordkeeping—(1) Fingerprint ap-
plication process. The aircraft operator
must physically maintain, control,
and, as appropriate, destroy the finger-
print application and the criminal
record. Only direct aircraft operator
employees may carry out the responsi-
bility for maintaining, controlling, and
destroying criminal records.
(2)
Protection of records. The records
required by this section must be main-
tained by the aircraft operator in a
manner that is acceptable to TSA that
protects the confidentiality of the indi-
vidual.
(3)
Duration. The records identified in
this section with regard to an indi-
vidual must be made available upon re-
quest by TSA, and maintained by the
aircraft operator until 180 days after
the termination of the individual’s
privileges to perform flightcrew mem-
ber duties with the aircraft operator.
When files are no longer maintained,
the aircraft operator must destroy the
CHRC results.
(i)
Continuing responsibilities. (1) Each
flightcrew member identified in para-
graph (a) of this section who has a dis-
qualifying criminal offense must report
the offense to the aircraft operator
within 24 hours of the conviction or the
finding of not guilty by reason of in-
sanity.
(2) If information becomes available
to the aircraft operator indicating that
a flightcrew member identified in para-
graph (a) of this section has a possible
conviction for any disqualifying crimi-
nal offense in § 1544.229 (d), the aircraft
operator must determine the status of
the conviction. If a disqualifying crimi-
nal offense is confirmed, the aircraft
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§ 1544.233
operator may not assign that indi-
vidual to flightcrew duties in oper-
ations identified in paragraph (a).
(j)
Aircraft operator responsibility. The
aircraft operator must—(1) Designate a
direct employee to maintain, control,
and, as appropriate, destroy criminal
records.
(2) Designate an individual(s) to
maintain the CHRC results.
(3) Designate an individual(s) at ap-
propriate locations to receive notifica-
tion from individuals of their intent to
seek correction of their FBI criminal
record.
(k)
Compliance date. Each aircraft op-
erator must comply with this section
for each flightcrew member described
in paragraph (a) of this section not
later than December 6, 2002.
[67 FR 8209, Feb. 22, 2002]
§ 1544.231
Airport-approved and exclu-
sive area personnel identification
systems.
(a) Each aircraft operator must es-
tablish and carry out a personnel iden-
tification system for identification
media that are airport-approved, or
identification media that are issued for
use in an exclusive area. The system
must include the following:
(1) Personnel identification media
that—
(i) Convey a full face image, full
name, employer, and identification
number of the individual to whom the
identification medium is issued;
(ii) Indicate clearly the scope of the
individual’s access and movement
privileges;
(iii) Indicate clearly an expiration
date; and
(iv) Are of sufficient size and appear-
ance as to be readily observable for
challenge purposes.
(2) Procedures to ensure that each in-
dividual in the secured area or SIDA
continuously displays the identifica-
tion medium issued to that individual
on the outermost garment above waist
level, or is under escort.
(3) Procedures to ensure account-
ability through the following:
(i) Retrieving expired identification
media.
(ii) Reporting lost or stolen identi-
fication media.
(iii) Securing unissued identification
media stock and supplies.
(iv) Auditing the system at a min-
imum of once a year, or sooner, as nec-
essary to ensure the integrity and ac-
countability of all identification
media.
(v) As specified in the aircraft oper-
ator security program, revalidate the
identification system or reissue identi-
fication media if a portion of all issued,
unexpired identification media are
lost, stolen, or unretrieved, including
identification media that are combined
with access media.
(vi) Ensure that only one identifica-
tion medium is issued to an individual
at a time. A replacement identification
medium may only be issued if an indi-
vidual declares in writing that the me-
dium has been lost or stolen.
(b) The aircraft operator may request
approval of a temporary identification
media system that meets the standards
in § 1542.211(b) of this chapter, or may
arrange with the airport to use tem-
porary airport identification media in
accordance with that section.
(c) Each aircraft operator must sub-
mit a plan to carry out this section to
TSA no later than May 13, 2002. Each
aircraft operator must fully implement
its plan no later than November 14,
2003.
§ 1544.233
Security coordinators and
crewmembers, training.
(a) No aircraft operator may use any
individual as a Ground Security Coor-
dinator unless, within the preceding 12-
calendar months, that individual has
satisfactorily completed the security
training as specified in the aircraft op-
erator’s security program.
(b) No aircraft operator may use any
individual as an in-flight security coor-
dinator or crewmember on any domes-
tic or international flight unless, with-
in the preceding 12-calendar months or
within the time period specified in an
Advanced Qualifications Program ap-
proved under SFAR 58 in 14 CFR part
121, that individual has satisfactorily
completed the security training re-
quired by 14 CFR 121.417(b)(3)(v) or
135.331(b)(3)(v), and as specified in the
aircraft operator’s security program.
(c) With respect to training con-
ducted under this section, whenever an
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