Pmangrum on DSK3GMQ082PROD with CFR

Transportation Security Administration, DHS
listed in Section 1544.229(d), the flight crewmember 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 section for individuals whom it is using,
or will use, as a flightcrew member.
The aircraft operator may not make
determinations for individuals described in Section 1542.209(a) of this chapter.
(e) Correction of FBI records and notification of disqualification. (1) Before
making a final decision to deny the individual the ability to serve as a
flightcrew member, the aircraft operator must advise the individual that
the FBI criminal record discloses information that would disqualify the individual from serving as a flightcrew
member and provide the individual
with a copy of the FBI record if the individual requests it.
(2) The aircraft operator must notify
the individual that a final decision has
been made to allow or deny the individual flightcrew member status.
(3) Immediately following the denial
of flightcrew member status, the aircraft operator must advise the individual 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 information and the FBI to complete or correct 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 criminal offense, the individual must notify
the aircraft operator in writing of his
or her intent to correct any information he or she believes to be inaccurate. The aircraft operator must obtain 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 allowing the individual to serve as a
flightcrew member.
(2) If no notification, as described in
paragraph (f)(1) of this section, is re-

Section 1544.230

ceived within 30 days, the aircraft operator may make a final determination
to deny the individual flightcrew member status.
(g) Limits on the dissemination of results. Criminal record information provided 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 authorized representative.
(2) Others designated by TSA.
(h) Recordkeeping - (1) Fingerprint application process. The aircraft operator
must physically maintain, control,
and, as appropriate, destroy the fingerprint application and the criminal
record. Only direct aircraft operator
employees may carry out the responsibility for maintaining, controlling, and
destroying criminal records.
(2) Protection of records. The records
required by this section must be maintained by the aircraft operator in a
manner that is acceptable to TSA that
protects the confidentiality of the individual.
(3) Duration. The records identified in
this section with regard to an individual must be made available upon request by TSA, and maintained by the
aircraft operator until 180 days after
the termination of the individual-s
privileges to perform flightcrew member 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 paragraph (a) of this section who has a disqualifying 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 insanity.
(2) If information becomes available
to the aircraft operator indicating that
a flightcrew member identified in paragraph (a) of this section has a possible
conviction for any disqualifying criminal offense in Section 1544.229 (d), the aircraft
operator must determine the status of
the conviction. If a disqualifying criminal offense is confirmed, the aircraft

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