358 

49 CFR Ch. XII (10–1–18 Edition) 

§ 1544.229 

(ii) Identify a point of contact if the 

individual has questions about the re-
sults of the CHRC. 

(5) The aircraft operator must col-

lect, control, and process one set of leg-
ible and classifiable fingerprints under 
direct observation by the aircraft oper-
ator or a law enforcement officer. 

(6) Fingerprints may be obtained and 

processed electronically, or recorded 
on fingerprint cards approved by the 
FBI and distributed by TSA for that 
purpose. 

(7) The fingerprint submission must 

be forwarded to TSA in the manner 
specified by TSA. 

(f) 

Fingerprinting fees. 

Aircraft opera-

tors must pay for all fingerprints in a 
form and manner approved by TSA. 
The payment must be made at the des-
ignated rate (available from the local 
TSA security office) for each set of fin-
gerprints submitted. Information about 
payment options is available though 
the designated TSA headquarters point 
of contact. Individual personal checks 
are not acceptable. 

(g) 

Determination of arrest status. 

(1) 

When a CHRC on an individual de-
scribed in paragraph (a)(1) or (3) of this 
section discloses an arrest for any dis-
qualifying criminal offense listed in 
paragraph (d) of this section without 
indicating a disposition, the aircraft 
operator must determine, after inves-
tigation, that the arrest did not result 
in a disqualifying offense before grant-
ing authority to perform a covered 
function. 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 
listed in paragraph (d) of this section, 
the individual is not disqualified under 
this section. 

(2) When a CHRC on an individual de-

scribed in paragraph (a)(2) or (4) of this 
section discloses an arrest for any dis-
qualifying criminal offense without in-
dicating a disposition, the aircraft op-
erator must suspend the individual’s 
authority to perform a covered func-
tion not later than 45 days after ob-
taining the CHRC unless the aircraft 
operator determines, after investiga-
tion, that the arrest did not result in a 
disqualifying criminal offense. 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 in-
sanity of one of the offenses listed in 
paragraph (d) of this section, the indi-
vidual is not disqualified under this 
section. 

(3) The aircraft operator may only 

make the determinations required in 
paragraphs (g)(1) and (g)(2) of this sec-
tion for individuals for whom it is 
issuing, or has issued, authority to per-
form a covered function; and individ-
uals who are covered by a certification 
from an aircraft operator under 
§ 1542.209(n) of this chapter. The air-
craft operator may not make deter-
minations for individuals described in 
§ 1542.209(a) of this chapter. 

(h) 

Correction of FBI records and notifi-

cation of disqualification. 

(1) Before 

making a final decision to deny author-
ity to an individual described in para-
graph (a)(1) or (3) of this section, the 
aircraft operator must advise him or 
her that the FBI criminal record dis-
closes information that would dis-
qualify him or her from receiving or re-
taining authority to perform a covered 
function and provide the individual 
with a copy of the FBI record if he or 
she requests it. 

(2) The aircraft operator must notify 

an individual that a final decision has 
been made to grant or deny authority 
to perform a covered function. 

(3) Immediately following the suspen-

sion of authority to perform a covered 
function, the aircraft operator must 
advise the individual that the FBI 
criminal record discloses information 
that disqualifies him or her from re-
taining his or her authority, and pro-
vide the individual with a copy of the 
FBI record if he or she requests it. 

(i) 

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) For an individual seeking 

unescorted access authority or author-
ity to perform screening functions on 
or after December 6, 2001; or an indi-
vidual seeking authority to perform 
checked baggage or cargo functions on 
or after February 17, 2002; the following 
applies: 

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