[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1544.403]

[Page 345-346]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1544_AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL 
OPERATORS--Table of Contents
 
 Subpart E_Screener Qualifications When the Aircraft Operator Performs 
                                Screening
 
Sec. 1544.403  Current screeners.

    This section applies to current screeners. This section no longer 
applies on and after November 19, 2002.
    (a) No aircraft operator may use any person to perform any screening 
function, unless that person has:
    (1) A high school diploma, a General Equivalency Diploma, or a 
combination of education and experience that the aircraft operator has 
determined to have equipped the person to perform the duties of the 
position.
    (2) Basic aptitudes and physical abilities including color 
perception, visual and aural acuity, physical coordination, and motor 
skills to the following standards:
    (i) Screeners operating X-ray equipment must be able to distinguish 
on the X-ray monitor the appropriate imaging standard specified in the 
aircraft operator's security program. Wherever the X-ray system displays 
colors, the operator must be able to perceive each color;
    (ii) Screeners operating any screening equipment must be able to 
distinguish each color displayed on every type of screening equipment 
and explain what each color signifies;
    (iii) Screeners must be able to hear and respond to the spoken voice 
and to audible alarms generated by screening equipment in an active 
checkpoint environment;
    (iv) Screeners performing physical searches or other related 
operations must be able to efficiently and thoroughly manipulate and 
handle such baggage, containers, and other objects subject to security 
processing; and
    (v) Screeners who perform pat-downs or hand-held metal detector 
searches of persons must have sufficient dexterity and capability to 
thoroughly conduct those procedures over a person's entire body.
    (3) The ability to read, speak, and write English well enough to--
    (i) Carry out written and oral instructions regarding the proper 
performance of screening duties;
    (ii) Read English language identification media, credentials, 
airline tickets, and labels on items normally encountered in the 
screening process;
    (iii) Provide direction to and understand and answer questions from 
English-speaking persons undergoing screening; and
    (iv) Write incident reports and statements and log entries into 
security records in the English language.
    (4) Satisfactorily completed all initial, recurrent, and appropriate 
specialized training required by the aircraft operator's security 
program, except as provided in paragraph (b) of this section.
    (b) The aircraft operator may use a person who has not completed the 
training required by paragraph (a)(4) of this section during the on-the-
job portion of training to perform security functions provided that the 
person:
    (1) Is closely supervised, and

[[Page 346]]

    (2) Does not make independent judgments as to whether persons or 
property may enter a sterile area or aircraft without further 
inspection.
    (c) No aircraft operator must use a person to perform a screening 
function after that person has failed an operational test related to 
that function until that person has successfully completed the remedial 
training specified in the aircraft operator's security program.
    (d) Each aircraft operator must ensure that a Ground Security 
Coordinator conducts and documents an annual evaluation of each 
individual assigned screening duties and may continue that individual's 
employment in a screening capacity only upon the determination by the 
Ground Security Coordinator that the individual:
    (1) Has not suffered a significant diminution of any physical 
ability required to perform a screening function since the last 
evaluation of those abilities;
    (2) Has a satisfactory record of performance and attention to duty 
based on the standards and requirements in its security program; and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.
    (e) Paragraphs (a) through (d) of this section do not apply to those 
screening functions conducted outside the United States over which the 
aircraft operator does not have operational control. In the event the 
aircraft operator is unable to implement paragraphs (a) through (d) of 
this section for screening functions outside the United States, the 
aircraft operator must notify TSA of those aircraft operator stations so 
affected.
    (f) At locations outside the United States where the aircraft 
operator has operational control over a screening function, the aircraft 
operator may use screeners who do not meet the requirements of paragraph 
(a)(3) of this section, provided that at least one representative of the 
aircraft operator who has the ability to functionally read and speak 
English is present while the aircraft operator's passengers are 
undergoing security screening.