369
Transportation Security Administration, DHS
§ 1544.411
that individual has satisfactorily com-
pleted the required training. This para-
graph does not prohibit the perform-
ance of screening functions during on-
the-job training as provided in § 1544.409
(b).
(b)
Use of training programs. Training
for screeners must be conducted under
programs provided by TSA. Training
programs for screeners-in-charge and
checkpoint security supervisors must
be conducted in accordance with the
aircraft operator’s security program.
(c)
Citizenship. A screener must be a
citizen or national of the United
States.
(d)
Screener readiness test. Before be-
ginning on-the-job training, a screener
trainee must pass the screener readi-
ness test prescribed by TSA.
(e)
On-the-job training and testing.
Each screener must complete at least
60 hours of on-the-job training and
must pass an on-the-job training test
prescribed by TSA. No aircraft oper-
ator may permit a screener trainee to
exercise independent judgment as a
screener, until the individual passes an
on-the-job training test prescribed by
TSA.
(f)
Knowledge requirements. Each air-
craft operator must ensure that indi-
viduals performing as screeners,
screeners-in-charge, and checkpoint se-
curity supervisors for the aircraft oper-
ator have knowledge of the provisions
of this part, the aircraft operator’s se-
curity program, and applicable Secu-
rity Directives and Information Circu-
lars to the extent necessary to perform
their duties.
(g)
Disclosure of sensitive security infor-
mation during training. The aircraft op-
erator may not permit a trainee to
have access to sensitive security infor-
mation during screener training unless
a criminal history records check has
successfully been completed for that
individual in accordance with § 1544.229,
and the individual has no disqualifying
criminal offense.
[67 FR 8364, Feb. 22, 2002, as amended at 74
FR 47704, Sept. 16, 2009]
§ 1544.409
Integrity of screener tests.
(a)
Cheating or other unauthorized con-
duct. (1) Except as authorized by the
TSA, no person may—
(i) Copy or intentionally remove a
test under this part;
(ii) Give to another or receive from
another any part or copy of that test;
(iii) Give help on that test to or re-
ceive help on that test from any person
during the period that the test is being
given; or
(iv) Use any material or aid during
the period that the test is being given.
(2) No person may take any part of
that test on behalf of another person.
(3) No person may cause, assist, or
participate intentionally in any act
prohibited by this paragraph (a).
(b)
Administering and monitoring
screener tests. (1) Each aircraft operator
must notify TSA of the time and loca-
tion at which it will administer each
screener readiness test required under
§ 1544.405(d).
(2) Either TSA or the aircraft oper-
ator must administer and monitor the
screener readiness test. Where more
than one aircraft operator or foreign
air carrier uses a screening location,
TSA may authorize an employee of one
or more of the aircraft operators or for-
eign air carriers to monitor the test for
a trainee who will screen at that loca-
tion.
(3) If TSA or a representative of TSA
is not available to administer and mon-
itor a screener readiness test, the air-
craft operator must provide a direct
employee to administer and monitor
the screener readiness test.
(4) An aircraft operator employee
who administers and monitors a
screener readiness test must not be an
instructor, screener, screener-in-
charge, checkpoint security supervisor,
or other screening supervisor. The em-
ployee must be familiar with the proce-
dures for administering and monitoring
the test and must be capable of observ-
ing whether the trainee or others are
engaging in cheating or other unau-
thorized conduct.
§ 1544.411
Continuing qualifications of
screening personnel.
(a)
Impairment. No individual may
perform a screening function if he or
she shows evidence of impairment,
such as impairment due to illegal
drugs, sleep deprivation, medication,
or alcohol.
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49 CFR Ch. XII (10–1–23 Edition)
Pt. 1546
(b)
Training not complete. An indi-
vidual who has not completed the
training required by § 1544.405 may be
deployed during the on-the-job portion
of training to perform security func-
tions provided that the individual—
(1) Is closely supervised; and
(2) Does not make independent judg-
ments as to whether individuals or
property may enter a sterile area or
aircraft without further inspection.
(c)
Failure of operational test. No air-
craft operator may use an individual to
perform a screening function after that
individual has failed an operational
test related to that function, until that
individual has successfully completed
the remedial training specified in the
aircraft operator’s security program.
(d)
Annual proficiency review. Each in-
dividual assigned screening duties shall
receive an annual evaluation. The air-
craft operator must ensure that a
Ground Security Coordinator conducts
and documents an annual evaluation of
each individual who performs screening
functions. An individual who performs
screening functions may not continue
to perform such functions unless the
evaluation demonstrates that the indi-
vidual—
(1) Continues to meet all qualifica-
tions and standards required to per-
form a screening function;
(2) Has a satisfactory record of per-
formance and attention to duty based
on the standards and requirements in
the aircraft operator’s security pro-
gram; and
(3) Demonstrates the current knowl-
edge and skills necessary to cour-
teously, vigilantly, and effectively per-
form screening functions.
PART 1546—FOREIGN AIR CARRIER
SECURITY
Subpart A—General
Sec.
1546.1
Applicability of this part.
1546.3
TSA inspection authority.
Subpart B—Security Program
1546.101
Adoption and implementation.
1546.103
Form, content, and availability of
security program.
1546.105
Acceptance of and amendments to
the security program.
Subpart C—Operations
1546.201
Acceptance and screening of indi-
viduals and accessible property.
1546.202
Persons and property onboard the
aircraft.
1546.203
Acceptance and screening of
checked baggage.
1546.205
Acceptance and screening of cargo.
1546.207
Screening of individuals and prop-
erty.
1546.209
Use of X-ray systems.
1546.211
Law enforcement personnel.
1546.213
Access to cargo: Security threat as-
sessments for cargo personnel in the
United States.
1546.215
Known shipper program.
Subpart D—Threat and Threat Response
1546.301
Bomb or air piracy threats.
Subpart E—Screener Qualifications When
the Foreign Air Carrier Conducts Screening
1546.401
Applicability of this subpart.
1546.403
[Reserved]
1546.405
Qualifications of screening per-
sonnel.
1546.407
Training, testing, and knowledge of
individuals who perform screening func-
tions.
1546.409
Integrity of screener tests.
1546.411
Continuing qualifications of screen-
ing personnel.
A
UTHORITY
: 49 U.S.C. 114, 5103, 40113, 44901–
44905, 44907, 44914, 44916–44917, 44935–44936,
44942, 46105.
S
OURCE
: 67 FR 8377, Feb. 22, 2002, unless
otherwise noted.
Subpart A—General
§ 1546.1
Applicability of this part.
This part prescribes aviation security
rules governing the following:
(a) The operation within the United
States of each foreign air carrier hold-
ing a permit issued by the Department
of Transportation under 49 U.S.C. 41302
or other appropriate authority issued
by the former Civil Aeronautics Board
or the Department of Transportation.
(b) Each law enforcement officer fly-
ing armed aboard an aircraft operated
by a foreign air carrier described in
paragraph (a) of this section.
§ 1546.3
TSA inspection authority.
(a) Each foreign air carrier must
allow TSA, at any time or place, to
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