[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: 49CFR1546.411]

[Page 356-357]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1546_FOREIGN AIR CARRIER SECURITY--Table of Contents
 
Subpart E_Screener Qualifications When the Foreign Air Carrier Conducts 
                                Screening
 
Sec. 1546.411  New screeners: Continuing qualifications for screening 
personnel.

    (a) Impairment. No individual may perform a screening function if he 
or she shows evidence of impairment, such as impairment due to illegal 
drugs, sleep deprivation, medication, or alcohol.
    (b) Training not complete. An individual who has not completed the 
training required by Sec. 1546.405 may be deployed during the on-the-
job portion of training to perform security functions provided that the 
individual--
    (1) Is closely supervised; and
    (2) Does not make independent judgments as to whether individuals or 
property may enter a sterile area or aircraft without further 
inspection.
    (c) Failure of operational test. No foreign air carrier may use an 
individual to perform a screening function after that individual has 
failed an operational test related to that function, until that 
individual has successfully completed the remedial training specified in 
the foreign air carrier's security program.
    (d) Annual proficiency review. Each individual assigned screening 
duties shall receive an annual evaluation. The foreign air carrier must 
conduct and document an annual evaluation of each individual who 
performs screening functions. An individual who performs

[[Page 357]]

screening functions may not continue to perform such functions unless 
the evaluation demonstrates that the individual--
    (1) Continues to meet all qualifications and standards required to 
perform a screening function;
    (2) Has a satisfactory record of performance and attention to duty 
based on the standards and requirements in the foreign air carrier's 
security program; and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.