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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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364 

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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365 

Transportation Security Administration, DHS 

§ 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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