Pmangrum on DSK3GMQ082PROD with CFR

Section 1544.229

49 CFR Ch. XII (10-1-18 Edition)

(3) New authority to perform checked
baggage or cargo functions. Each individual who, on and after February 17,
2002, is granted the authority to perform the following checked baggage
and cargo functions (referred to as
 - authority to perform checked baggage
or cargo functions - ), except for individuals described in paragraph (a)(1) of
this section:
(i) Screening of checked baggage or
cargo of an aircraft operator required
to screen passengers under this part, or
serving as an immediate supervisor of
such an individual.
(ii) Accepting checked baggage for
transport on behalf of an aircraft operator required to screen passengers
under this part.
(4) Current authority to perform
checked baggage or cargo functions. Each
individual who holds on February 17,
2002, authority to perform checked baggage or cargo functions, except for individuals described in paragraph (a)(1)
or (2) of this section.
(b) Individuals seeking unescorted access authority, authority to perform
screening functions, or authority to perform checked baggage or cargo functions.
Each aircraft operator must ensure
that each individual identified in paragraph (a)(1) or (3) of this section has
undergone a fingerprint-based CHRC
that does not disclose that he or she
has a disqualifying criminal offense, as
described in paragraph (d) of this section, before - 
(1) Making a certification to an airport operator regarding that individual;
(2) Issuing an aircraft operator identification medium to that individual;
(3) Authorizing that individual to
perform screening functions; or
(4) Authorizing that individual to
perform checked baggage or cargo
functions.
(c) Individuals who have not had a
CHRC - (1) Deadline for conducting a
CHRC. Each aircraft operator must ensure that, on and after December 6,
2002:
(i) No individual retains unescorted
access authority, whether obtained as
a result of a certification to an airport
operator under 14 CFR 107.31(n) in effect prior to November 14, 2001 (see 14
CFR parts 60 to 139 revised as of Janu-

ary 1, 2001), or under 14 CFR 107.209(n)
in effect prior to December 6, 2001 (see
14 CFR Parts 60 to 139 revised as of
January 1, 2001), or obtained as a result
of the issuance of an aircraft operator-s
identification media, unless the individual has been subject to a fingerprint-based CHRC for unescorted access
authority under this part.
(ii) No individual continues to have
authority to perform screening functions described in paragraph (a)(1)(iii)
of this section, unless the individual
has been subject to a fingerprint-based
CHRC under this part.
(iii) No individual continues to have
authority to perform checked baggage
or cargo functions described in paragraph (a)(3) of this section, unless the
individual has been subject to a fingerprint-based CHRC under this part.
(2) Lookback for individuals with
unescorted access authority or authority
to perform screening functions. When a
CHRC discloses a disqualifying criminal offense for which the conviction or
finding was on or after December 6,
1991, the aircraft operator must immediately
suspend
that
individual-s
unescorted access authority or authority to perform screening functions.
(3) Lookback for individuals with authority to perform checked baggage or
cargo functions. When a CHRC discloses
a disqualifying criminal offense for
which the conviction or finding was on
or after February 17, 1992, the aircraft
operator must immediately suspend
that individual-s authority to perform
checked baggage or cargo functions.
(d) Disqualifying criminal offenses. An
individual has a disqualifying criminal
offense if the individual has been convicted, or found not guilty by reason of
insanity, of any of the disqualifying
crimes listed in this paragraph in any
jurisdiction during the 10 years before
the date of the individual-s application
for authority to perform covered functions, or while the individual has authority to perform covered functions.
The disqualifying criminal offenses are
as follows:
(1) Forgery of certificates, false
marking of aircraft, and other aircraft
registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation;
49 U.S.C. 46308.

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