360 

49 CFR Ch. XII (10–1–18 Edition) 

§ 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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