361 

Transportation Security Administration, DHS 

§ 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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