[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Rules and Regulations]
[Page 17969-17973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-31]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1572
[Docket No. TSA-2003-14610; Amendment No. 1572-3]
RIN 1652-AA17
Security Threat Assessment for Individuals Applying for a
Hazardous Materials Endorsement for a Commercial Drivers License; Final
Rule
AGENCY: Transportation Security Administration (TSA), Department of
Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Transportation Security Administration (TSA) is issuing
this final rule, which amends its Interim Final Rule (IFR) establishing
security threat assessment standards for commercial drivers authorized
to transport hazardous materials. TSA is changing the date on which
fingerprint-based background checks must begin in all States to January
31, 2005. TSA is making this change so that the States will have enough
time to make changes to their existing commercial driver safety and
testing programs to facilitate implementation.
DATES: Effective April 6, 2004.
FOR FURTHER INFORMATION CONTACT: For technical questions: John Berry,
Credentialing Program Office, Transportation Security Administration
Headquarters, East Building, Floor 8, 601 12th Street, telephone: (571)
227-1757, e-mail: John.Berry1@dhs.gov. Steve Sprague, Maritime and
Land, Transportation Security Administration Headquarters, West
Building, Floor 9, 701 12th Street, Arlington, VA, telephone: (571)
227-1468, e-mail Steve.Sprague@dhs.gov.
For legal questions: Christine Beyer, Office of Chief Counsel,
Transportation Security Administration Headquarters, West Building,
Floor 8, TSA-2, 601 South 12th Street, Arlington, VA 22202-4220;
telephone: (571) 227-2657; e-mail: Christine.Beyer@dhs.gov.
SUPPLEMENTARY INFORMATION:
Comments: TSA is not requesting comments to this final rule.
Availability of Rulemaking Document
You can get an electronic copy of this final rule using the
Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search); (2) Accessing the Government Printing Office's web page at http://
http://www.access.gpo.gov/su_docs/aces/aces140.html; or
(3) Visiting TSA's Laws and Regulations web page at http://www.tsa.gov/laws_regs/gov_index.shtm
.
In addition, copies are available by writing or calling the
individuals in the FOR FURTHER INFORMATION CONTACT section. Please be
sure to identify the docket number when making requests.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires TSA to comply with small entity requests for information
or advice about compliance with statutes and regulations within TSA's
jurisdiction. Any small entity that has a question regarding this
document may contact the persons listed in the FOR FURTHER INFORMATION
CONTACT section for information or advice. You can get further
information regarding SBREFA on the Small Business Administration's Web
page at http://www.sba.gov/advo/laws/law_lib.html.
Background
On May 5, 2003, TSA published an interim final rule (IFR) that
requires a security threat assessment of commercial drivers who are
authorized to transport hazardous materials.\1\ The IFR implements
several statutory mandates, discussed below, including a check of
relevant criminal and international databases, and appeal and waiver
procedures. In the IFR, TSA also stated that it would provide guidance
on how fingerprints would be collected and adjudicated.
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\1\ 68 FR 23852, May 5, 2003.
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TSA requested and received comments from the States, labor
organizations, and trucking industry associations. In addition, TSA
held working group sessions with the States to discuss potential
fingerprinting systems that would achieve the statutory requirements,
but would not adversely impact the States.
Based on the comments received and the working sessions with the
States, on November 7, 2003, TSA amended the IFR to delay the date on
which fingerprint collection would begin.\2\ The amended IFR provided
that the States must begin to collect fingerprints and the accompanying
identification information as of April 1, 2004. Any State unable to
meet this deadline was required to submit a fingerprint collection plan
to TSA and request an extension of time (waiver) to submit the
biographical information. The amended IFR required all States to be in
compliance with the rule by December 1, 2004.
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\2\ 68 FR 63033, November 7, 2003.
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As a result of comments and correspondence received since November
2003, TSA has determined to eliminate the April 1, 2004 deadline. At
present, more than thirty-five States have requested an extension of
time to establish a fingerprint collection program. In addition,
several States, in their requests for an extension of time, expressed
concern over their ability to meet the December 1, 2004 deadline for
all States to be in compliance with the rule. For this reason,
discussed in greater detail below, fingerprinting will begin no later
than January 31, 2005.
Under legislation passed in late 2003,\3\ DHS must charge a fee for
the cost of any credential and background check provided through the
Department for workers in the field of transportation. DHS, through
TSA, is in the process of preparing rulemaking documents to establish
reasonable fees for this and other similar credentialing programs. With
the proposed deadline extension, TSA will work to coordinate the timing
of fee assessments with the fingerprint-based portion of the background
records check.
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\3\ Pub. L. 108-90, October 1, 2003, 117 Stat. 1137, Section
520.
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USA PATRIOT Act
The Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act
was enacted on October 25, 2001.\4\ Section 1012 of the USA PATRIOT Act
amended 49 U.S.C. Chapter 51 by
[[Page 17970]]
adding a new section 5103a titled ``Limitation on issuance of hazmat
licenses.'' Section 5103a(a)(1) provides:
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\4\ Pub. L. 107-56, October 25, 2001, 115 Stat. 272.
A State may not issue to any individual a license to operate a
motor vehicle transporting in commerce a hazardous material unless
the Secretary of Transportation has first determined, upon receipt
of a notification under subsection (c)(1)(B), that the individual
does not pose a security risk warranting denial of the license.\5\
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\5\ The Secretary of Transportation delegated the authority to
carry out the provisions of this section to the Under Secretary of
Transportation for Security/Administrator of TSA. 68 FR 10988, March
7, 2003.
Section 5103a(a)(2) subjects license renewals to the same requirements.
Section 5103a(c) requires the Attorney General, upon the request of
a State in connection with issuance of a hazardous materials
endorsement (HME), to carry out a background records check of the
individual applying for the endorsement and, upon completing the check,
to notify the Secretary (as delegated to the Administrator of TSA) of
the results. The Secretary then determines whether the individual poses
a security risk warranting denial of the endorsement. The background
records check must consist of: (1) a check of the relevant criminal
history databases; (2) in the case of an alien, a check of the relevant
databases to determine the status of the alien under U.S. immigration
laws; and (3) as appropriate, a check of the relevant international
databases through Interpol-U.S. National Central Bureau or other
appropriate means.
Safe Explosives Act
Congress enacted the Safe Explosives Act (SEA) on November 25,
2002.\6\ Sections 1121-1123 of the SEA amended section 842(i) of Title
18 of the U.S. Code by adding several categories to the list of persons
who may not lawfully ``ship or transport any explosive in or affecting
interstate or foreign commerce'' or ``receive or possess any explosive
which has been shipped or transported in or affecting interstate or
foreign commerce.'' Prior to the amendment, 18 U.S.C. 842(i)
prohibited, among other things, the transportation of explosives by any
person under indictment for or convicted of a felony, a fugitive from
justice, an unlawful user or addict of any controlled substance, and
any person who had been adjudicated as a mental defective or committed
to a mental institution. The amendment added three new categories to
the list of prohibited persons: aliens (with certain limited
exceptions), persons dishonorably discharged from the armed forces, and
former U.S. citizens who have renounced their citizenship. Individuals
who violate 18 U.S.C. 842(i) are subject to criminal prosecution.\7\
These incidents are investigated by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF) of the Department of Justice and
referred, as appropriate, to United States Attorneys.
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\6\ Pub. L. 107-296, November 25, 2002, 116 Stat. 2280.
\7\ The penalty for violation of 18 U.S.C. 842(i) is up to ten
years imprisonment and a fine of up to $250,000.
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However, 18 U.S.C. 845(a)(1) provides an exception to section
842(i) for ``any aspect of the transportation of explosive materials
via railroad, water, highway, or air which are regulated by the United
States Department of Transportation (DOT) and agencies thereof, and
which pertain to safety.'' Under this exception, if DOT regulations
address the transportation security issues of persons engaged in a
particular aspect of the safe transportation of explosive materials,
then those persons are not subject to prosecution under 18 U.S.C.
842(i) while they are engaged in the transportation of explosives in
commerce. TSA issued the interim final rule in coordination with
agencies within DOT, the Federal Motor Carrier Safety Administration
and Research and Special Programs Administration, and triggered this
exception. The action TSA takes now to move the date on which
fingerprinting must begin does not affect the application of the
exception.
The Interim Final Rule
To comply with the mandates of the USA PATRIOT Act, and to trigger
the exception in 18 U.S.C. 845(a)(1) for the transportation of
explosives, TSA issued the May 2003 IFR. Under the IFR, TSA determines
that an individual poses a security threat if he or she: (1) is an
alien (subject to certain exceptions) or a U.S. citizen who has
renounced his or her U.S. citizenship; (2) is wanted or under
indictment for certain felonies; (3) has a conviction in military or
civilian court for certain felonies; (4) has been adjudicated as a
mental defective or involuntarily committed to a mental institution; or
(5) is considered to pose a security threat based on a review of
pertinent databases.
The IFR also establishes conditions under which individuals who
have been determined to be security threats can appeal the
determination, and a waiver process for those individuals who otherwise
could not obtain an HME because they have disqualifying felonies, or
were adjudicated as mental defectives or involuntarily committed to a
mental institution. Finally, the IFR prohibits an individual from
holding, and a State from issuing, renewing, or transferring, an HME
for a driver unless the individual has met the TSA security threat
assessment standards.
Based on the comments received following publication of the IFR and
the working sessions with the States, TSA amended the IFR on November
7, 2003, to delay the date on which fingerprint collection would begin.
The amended IFR provided that the States must begin collecting
fingerprints and the accompanying identification information as of
April 1, 2004. Any State unable to meet this deadline was required to
submit a fingerprint collection plan to TSA and request an extension of
time to submit the biographical information. Under the amended IFR, all
States were required to be in compliance with the rule by December 1,
2004.
Summary of the Final Rule
TSA believes that the fingerprint collection date should be delayed
so that TSA and each State may develop a threat assessment program
within the existing fiscal, procurement, and legal constraints each
entity faces. By issuing the rule now, TSA hopes to prevent unnecessary
expenditures the States may make in the short term and to provide the
States the time needed to develop the program in an organized fashion.
This final rule provides that fingerprint collection must begin no
later than January 31, 2005. However, TSA will work with States to
begin fingerprint collection and submission before that date using
pilot programs.
Many States must initiate rulemaking or enact new legislation to
authorize the collection of fees to cover any State costs associated
with the new program. Some State legislatures meet biannually and many
meet for just a few months of the year. Also, many States operate under
fiscal and procurement schedules that do not permit the purchase of
necessary equipment and software improvements before April 1, 2004.
At the Federal level, TSA will complete the rulemaking proceeding
to establish a fee for the security threat assessment.
Prior to January 31, 2005, TSA will conduct name-based, terrorist-
focused checks on drivers who are currently authorized to transport
hazardous materials. If TSA discovers during the course of these name-
based checks that an individual is suspected of posing or poses a
security threat, TSA will initiate action to revoke the individual's
HME, in accordance with the procedures in 49 CFR 1572.141. The
individual will be
[[Page 17971]]
provided with an opportunity to correct underlying records or cases of
mistaken identity by submitting fingerprints or corrected court
records.
With an estimated population of 3.5 million drivers, the government
will prioritize the background check process by searching terrorist-
related databases first. TSA believes that this name-based check of all
drivers who are currently authorized to transport hazmat will enable
the agency to focus on individuals who may pose a more immediate threat
of terrorist or other dangerous activity. Following that check, TSA
will then search criminal databases that include outstanding criminal
wants and warrants, and immigration records to determine citizenship
status.
TSA has assessed the risks associated with the transportation of
hazardous materials via commercial vehicle and has determined that in
conducting name-based checks prior to January 2005, and initiating
fingerprint-based criminal history checks as of January 31, 2005, the
risks are effectively addressed. The terrorist-related information that
TSA will search prior to January 2005, is the best indication of an
individual's predisposition to commit or conspire to commit terrorist
acts. TSA has determined that the more imminent threat is an individual
whose background includes terrorism-related activity. This approach is
consistent with the USA PATRIOT Act and meets the needs of the States.
Also, it is important to note that TSA is not delaying the
September 2, 2003, compliance date set forth in Sec. 1572.5(b) for
surrendering an HME. This section requires any HME holder who does not
meet the security threat assessment standards in part 1572 to surrender
the endorsement beginning on September 2, 2003. For instance, an
individual who knows that he or she has committed a disqualifying
offense within the prescribed time periods is required to relinquish
his or her HME beginning September 2, 2003. Nothing in this final rule
alters this surrender requirement.
In the context of this rulemaking, the surrender requirement
buttresses TSA's determination that we should attempt to identify
potential terrorist threats from terrorism-related information
databases before analyzing criminal history records. As of September 2,
2003, all HME drivers are required to self-report any disqualifying
offenses that would appear on a fingerprint-based criminal history
records check. TSA will work closely with the State Departments of
Motor Vehicles, labor organizations, and the trucking industry to
communicate this surrender provision widely and to inform affected
drivers of the existing waiver process.
Based on the foregoing, the exception found in 18 U.S.C. 845(a)(1)
continues to apply, and persons otherwise prohibited from lawfully
possessing explosives who are transporting explosives in commerce would
not be subject to criminal prosecution under section 842(i).
This final rule amends the November 2003 IFR by changing the
fingerprint start date and the date on which the States may issue,
renew, or transfer HMEs only after the threat assessment is complete.
In view of the fact that many of the States cannot begin collecting
fingerprints or gathering pertinent identification data from drivers by
April 1, 2004, and that TSA will not have regulatory authority to
charge fees to cover the costs of the security threat assessments
before late 2004 when the fee collection rulemaking is complete, TSA is
changing the date that all States must begin collecting fingerprints
and gathering identification data from hazmat drivers to January 31,
2005. This change accommodates the fiscal and legal tasks that must be
completed first.
TSA will complete a rulemaking proceeding to collect fees to cover
the cost of each security threat assessment. In the near future, TSA
will issue a rule that establishes reasonable fees (Fee Rule) to cover
the cost of the hazmat driver security threat assessment.
Section-by-Section Analysis
TSA is adding a definition of ``Pilot State'' to Sec. 1572.3. A
``Pilot State'' is a State that volunteers to begin the security threat
assessment process prior to January 31, 2005. TSA also is making
changes to Sec. 1572.5 concerning the date on which TSA's threat
assessment based on fingerprint-based criminal history record checks
must be underway. The new dates in paragraph 1572.5(c)(2), and the
deletion of the dates in paragraph 1572.5(b)(2), reflect TSA's decision
to delay the date on which the collection of fingerprints and
accompanying biographical data must begin from April 1, 2004, to
January 31, 2005.
TSA is revising paragraph (c)(3) with requirements for States that
volunteer to be Pilot States. Pilot States will be required to collect
the identifying information required in 49 CFR 1572.5(e) and collect
and submit fingerprints in accordance with procedures approved by TSA.
TSA will work with Pilot States on procedures for the collection and
submission of fingerprints.
TSA is removing the requirement in paragraph 1572.5(c)(4) that
States must submit fingerprints and information, or request an
extension as of April 1, 2004. The requirement that is now in paragraph
1572.5(c)(4) was in paragraph 1572.5(c)(3)(i) in the original IFR. This
paragraph permits the States, in the first 6 months of implementation
of the rule, to extend the expiration date of an individual's HME until
the State receives from TSA a final notification of the individual's
threat assessment. This provision is necessary because in the first 180
days of the program, individuals may not have been given sufficient
notice of the TSA threat assessment requirements. Allowing States to
extend the expiration date of such an individual's HME will provide TSA
with enough time to conduct a security threat assessment without unduly
delaying the individual's receipt of a renewed or transferred HME.
Future Rulemaking
TSA plans to publish a document to discuss all comments received in
this proceeding and to improve the clarity and organization of the rule
text. This should be done in conjunction with the aforementioned
rulemaking to establish fees. In addition, TSA may make changes to the
existing standards, such as the disqualifying criminal offenses and
immigration status and provide more information. TSA will rely heavily
on comments that the States and industry have provided and will provide
to ensure that no State is forced to adhere to a rigid form of program
implementation.
Rulemaking Analyses and Notices
Justification for Immediate Adoption
TSA is issuing this final rule in response to comments received
following publication of the May 5, 2003 IFR and subsequent amendment
issued on November 3, 2003. TSA has received requests for an extension
of time from many States that are not able to establish a fingerprint
collection program by April 1, 2004. Many of these States do not wish
to file an extension of time and submit a fingerprint collection
program, because the fees and fingerprint collection system have not
yet been determined and it is difficult to predict how fingerprints
will be collected and what portion of the cost, if any, the States must
bear.
Eliminating the April 1, 2004 deadline will provide the States more
time to devote to developing a cost-effective program through
appropriate fiscal and operational planning.
[[Page 17972]]
Regulatory Evaluation
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order.
TSA has determined that this action is a significant regulatory
action within the meaning of Executive Order 12866 because there is
significant public interest in security issues since the events of
September 11, 2001. The IFR and this final rule implements section 1012
of the USA PATRIOT Act by establishing the criteria that will be used
in determining whether an individual applying for, transferring, or
renewing an HME poses a security risk warranting denial of the
endorsement.
This final rule will not impose costs or other economic impacts
additional to those that were imposed by the original IFR. This rule
simply eliminates the April 1, 2004 date, establishing January 31, 2005
as the date on which fingerprint collection will begin in all States
and the Federal government will conduct criminal history background
checks, both in accordance with the original rule. Thus, there is no
adverse economic impact resulting from the issuance of this final rule,
and there may be an economic benefit since the final rule will relieve
States of the costs of complying with the fingerprint collection
requirements until January 31, 2005. This action is expected to reduce
the burden on the States by providing additional time to the States to
implement this program. TSA believes it is advisable to publish the
rule now so that States do not make expenditures to meet the April 1
date that may subsequently be unnecessary or minimized.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980, as amended, (RFA) was
enacted by Congress to ensure that small entities (small businesses,
small not-for-profit organizations, and small governmental
jurisdictions) are not unnecessarily or disproportionately burdened by
Federal regulations. The RFA requires agencies to review rules to
determine if they have ``a significant economic impact on a substantial
number of small entities.'' TSA has determined that this final rule
will not have a significant economic impact on a substantial number of
small entities. This action only extends the date on which fingerprint
collection must begin, which should not impose any costs on small
entities. Any costs associated with the security threat assessment
program stem from the interim final rule that was published on May 5,
2003.
TSA conducted the required review of this rule and, accordingly,
pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), certifies
that this rule will not have a significant impact on a substantial
number of small entities.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), a Federal agency must obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. This final rule
contains information collection activities subject to the PRA.
Accordingly, the information requirements have been submitted to OMB
for its review (68 FR 63033, November 7, 2003). The comment period
closed on January 6, 2004.
As protection provided by the Paperwork Reduction Act, as amended,
an agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control number for this information
collection will be published in the Federal Register after OMB approves
it.
Executive Order 13132 (Federalism)
Executive Order 13132 requires TSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under the Executive Order, TSA may construe a Federal
statute to preempt State law only where, among other things, the
exercise of State authority conflicts with the exercise of Federal
authority under the Federal statute.
This action has been analyzed in accordance with the principles and
criteria in the Executive Order, and it has been determined that this
final rule does have Federalism implications or a substantial direct
effect on the States. This final rule changes the date on which the
States may issue, renew or transfer a hazardous materials endorsement
based on a security threat assessment. This action should reduce
burdens on the State by providing additional time to the States to
obtain necessary funding and legal authority to implement this program.
TSA will continue to consult extensively with the States to ensure that
any burdens are minimized to the extent possible.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Before promulgating a rule for which a written statement
is needed, section 205 of the UMRA generally requires TSA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objective of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. In
addition, section 205 allows TSA to adopt an alternative other than the
least costly, most cost-effective, or least burdensome alternative if
the agency publishes with the final rule an explanation why that
alternative was not adopted.
This final rule will not result in the expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector, of
more than $100 million annually. Thus, TSA has not prepared a written
assessment under the UMRA.
Environmental Analysis
TSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this final rule will not have any significant impact
on the quality of the human environment.
Energy Impact
TSA has assessed the energy impact of this rule in accordance with
the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as
amended (42 U.S.C. 6362). TSA has determined that this rule is not a
major regulatory action under the provisions of the EPCA.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
[[Page 17973]]
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. This rule applies only to individuals applying for a State-
issued hazardous materials endorsement for a commercial drivers
license. Thus, TSA has determined that this rule will have no impact on
trade.
List of Subjects in 49 CFR Part 1572
Commercial drivers license, Criminal history background checks,
Explosives, Hazardous materials, Motor carriers, Motor vehicle
carriers, Security measures, Security threat assessment.
The Amendments
0
For the reasons set forth in the preamble, the Transportation Security
Administration amends 49 CFR chapter XII, subchapter D as follows:
PART 1572--CREDENTIALING AND BACKGROUND CHECKS FOR LAND
TRANSPORTATION SECURITY
0
1. The authority citation for part 1572 continues to read as follows:
Authority: 49 U.S.C. 114, 5103a, 40113, 46105.
0
2. In Sec. 1572.3 add the following definition:
Sec. 1572.3 Terms used in this part.
* * * * *
Pilot State means a State that volunteers to begin the security
threat assessment process prior to January 31, 2005.
* * * * *
0
3. In Sec. 1572.5, revise paragraphs (b)(2), (c)(1), (c)(2), (c)(3),
and (c)(4) to read as follows:
Sec. 1572.5 Security threat assessment for commercial drivers'
licenses with a hazardous materials endorsement.
* * * * *
(b) * * *
(2) Submission of fingerprints. (i) If TSA determines that an
individual does not meet the security threat assessment standards
described in paragraph (d) of this section prior to completing a
fingerprint-based criminal history records check and directs the State
to revoke the individual's hazardous materials endorsement, the
individual may submit fingerprints in a form and manner specified by
TSA if he or she believes that the determination is based on mistaken
identity.
(ii) When so notified by the State, an individual must submit
fingerprints in a form and manner specified by the State and TSA when
the individual applies to obtain, renew, or transfer a hazardous
materials endorsement for a CDL, or when requested by TSA.
(c) States. (1) Each State must revoke an individual's hazardous
materials endorsement if TSA informs the State that the individual does
not meet the standards for security threat assessment in paragraph (d)
of this section.
(2) Beginning January 31, 2005:
(i) No State may issue, renew, or transfer a hazardous materials
endorsement for a CDL unless the State receives a Notification of No
Security Threat from TSA.
(ii) Each State must notify each individual holding a hazardous
materials endorsement issued by that State that he or she will be
subject to the security threat assessment described in this section as
part of any application for renewal of the endorsement, at least 180
days prior to the expiration date of the individual's endorsement. The
notice must inform the individual that he or she may initiate the
security threat assessment required by this section at any time after
receiving the notice, but no later than 90 days before the expiration
date of the individual's endorsement.
(3) Prior to January 31, 2005, as approved by TSA, a Pilot State
may not issue, renew or transfer a hazardous materials endorsement for
a CDL unless the Pilot State--
(i) Collects the information required in Sec. 1572.5(e);
(ii) Collects and submits fingerprints in accordance with
procedures approved by TSA; and
(iii) Receives a Notification of No Security Threat from TSA.
(4) From January 31, 2005 to June 28, 2005, while TSA is conducting
a security threat assessment on an individual applying to renew or
transfer a hazardous materials endorsement, the State that issued the
endorsement may extend the expiration date of the individual's
endorsement until the State receives a Final Notification of Threat
Assessment or Notification of No Security Threat from TSA.
* * * * *
Issued in Arlington, VA, on April 1, 2004.
David M. Stone,
Acting Administrator.
[FR Doc. 04-7801 Filed 4-1-04; 2:37 pm]
BILLING CODE 4910-62-P