[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19767-19769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07340]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2003-14610]
Exemption From Renewal of the Hazardous Materials Endorsement
Security Threat Assessment for Certain Individuals
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice; temporary exemption.
-----------------------------------------------------------------------
SUMMARY: TSA is granting a temporary exemption from requirements in 49
CFR part 1572 regarding expiration of TSA security threat assessments
(STAs) for Hazardous Material Endorsement (HME)
[[Page 19768]]
holders. For the duration of this exemption, a State may grant an
extension of up to 180 days for an HME that expired or would otherwise
expire between March 1, 2020 and the end date of this exemption, even
if the individual was unable to initiate or complete the required STA
before the expiration date. If the state grants an extension, the
individual with an expired HME must initiate the process of renewing
his or her STA for an HME no later than 60 days before the end of the
State-granted extension. TSA may extend this exemption at a future date
depending on the status of the COVID-19 crisis.
DATES: This exemption becomes effective on April 2, 2020, and remains
in effect through July 31, 2020, unless otherwise modified by TSA
through a notice published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571-227-2851 or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2020, the World Health Organization declared the SARS-
CoV-2 virus and Coronavirus Disease 2019 (COVID-19) to be a global
pandemic. On March 13, 2020, the President declared a National
Emergency.\1\
---------------------------------------------------------------------------
\1\ See Proclamation 9994, Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar.
13, 2020). Published at 85 FR 15337 (Mar. 18, 2020).
---------------------------------------------------------------------------
The USA PATRIOT Act of 2001 requires individuals who seek to
transport hazardous materials via commercial motor vehicle to undergo
an STA conducted by TSA.\2\ As required by TSA's implementing
regulations in 49 CFR part 1572, the STA for an HME consists of
criminal, immigration, and security threat checks.
---------------------------------------------------------------------------
\2\ Pub. L. 107-56 (Oct. 26, 2001; 115 Stat. 396), Sec.
1012(a)(1), codified as amended at 49 U.S.C. 5103a.
---------------------------------------------------------------------------
Under 49 CFR 1572.13(a), no State may issue or renew an HME for an
individual's commercial driver's license (CDL), unless the State first
receives a Determination of No Security Threat for the individual from
TSA following a TSA-conducted STA. An individual seeking renewal of an
HME must initiate an STA at least 60 days before expiration of his or
her current HME.\3\ The process of initiating an STA requires the
individual to submit information either to the State licensing agency
or a TSA enrollment center, including fingerprints and the information
required by 49 CFR 1572.9,\4\ at least 60 days before the expiration of
the HME.\5\
---------------------------------------------------------------------------
\3\ 49 CFR 1572.13(b).
\4\ 49 CFR 1572.15.
\5\ 49 CFR 1572.13(b).
---------------------------------------------------------------------------
It may be impracticable for some commercial drivers to renew their
STAs during the current COVID-19 crisis. Measures to prevent the spread
of COVID-19 may affect the ability of commercial drivers to present
themselves in-person to a State licensing agency location or TSA
enrollment center for the collection of fingerprints and applicant
information. Without the new STA, TSA's regulations prevent States from
renewing or extending the expiration of the individual's State-issued
HME.\6\
---------------------------------------------------------------------------
\6\ 49 CFR 1572.13(a).
---------------------------------------------------------------------------
Authority and Determination
TSA may grant an exemption from a regulation if TSA determines that
the exemption is in the public interest.\7\ TSA has determined that it
is in the public interest to grant an exemption from certain process
requirements in 49 CFR part 1572 related to STAs for HMEs, given the
need for commercial drivers with an HME to continue to work without
interruption during the current COVID-19 crisis. This action would not
compromise the current level of transportation security resulting from
the HME requirements because TSA maintains the ability to conduct
recurrent security threat checks on HME holders and take action to
revoke an HME if derogatory information becomes available, regardless
of expiration date. TSA will use data previously submitted by these
individuals with expired or expiring HMEs, to conduct recurrent vetting
against terrorism watch lists and databases to ensure that these
individuals continue to meet TSA requirements for having an HME.
---------------------------------------------------------------------------
\7\ See 49 U.S.C. 114(q). The Administrator of TSA delegated
this authority to the Executive Assistant Administrator for
Operations Security, effective March 26, 2020, during the period of
the National Emergency cited supra, n. 1.
---------------------------------------------------------------------------
This exemption permits States to extend the expiration date for an
HME for up to 180 days for individuals with an HME that expires between
March 1, 2020, and the end date of this exemption (eligible
individuals), even if the individual did not initiate or complete
submission of required information for an STA at least 60 days before
expiration of the HME.\8\ Consistent with the requirements in 49 CFR
1572.13(b), if the State grants an extension to an individual, the
State must, if practicable, notify the individual that the State is
extending the expiration date of the HME, the date that the extension
will end, and the individual's responsibility to initiate the STA
renewal process at least 60 days before the end of the extension. If it
is not practicable for a State to give individualized notice, the State
may publish general notice, for example, on the appropriate website.
TSA assumes that the length of this exemption provides adequate time
for States to make these notifications after resumption of some or all
of their licensing operations.
---------------------------------------------------------------------------
\8\ The exemption remains in effect through August 1, 2020,
unless otherwise modified by TSA through a notice published in the
Federal Register. TSA considered tying the duration of the exemption
to the duration of a public health emergency declaration, but
believes that 120 days, with the option for further modification as
noted above, provides clearer notice to and better certainty for
States administering the program.
---------------------------------------------------------------------------
The purpose of this exemption is to allow States to provide
commercial drivers with up to four months of relief from actions
necessary to meet TSA's STA renewal requirements during the COVID-19
crisis, and also allow for the 60 days TSA needs to complete processing
of the individual's application for STA renewal once it is submitted.
The exemption permits, but does not require, States to extend the
expiration date for HMEs.
By permitting States to extend the expiration date of HMEs within
the scope of this exemption, TSA better positions States to ensure that
CDL holders with HMEs will be able to continue to provide their
critical services during this COVID-19 crisis. TSA has determined that
there is little or no risk to transportation security associated with
the exemption, which is subject to the following conditions:
(1) The extensions will only be available with respect to eligible
individuals, ensuring that TSA has relatively current information on
the individual based on their last STA (No Determination of Security
Threat) and can continue to conduct recurrent-vetting;
(2) The extensions will be for a set, limited time, dependent on
the duration and scope of the COVID-19 crisis, and subject to possible
modification by TSA before the closure of the effective period; and
(3) TSA will continue to recurrently vet these individuals against
Federal terrorism and national security-related watch lists and
databases during the period of the extensions and retain its full
authority to immediately revoke or suspend an individual's STA
(Determination of No Security Threat) and to order a State to revoke an
individual's HME.\9\
---------------------------------------------------------------------------
\9\ See 49 CFR 1572.5(b) and 1572.13.
---------------------------------------------------------------------------
[[Page 19769]]
Exemption
State Exemption. During the effective period of this exemption,
States are exempt from the requirement in 49 CFR 1572.13(a) prohibiting
renewal of an eligible individual's HME for a CDL, unless the State
receives a new STA (Determination of No Security Threat) from TSA. For
the duration of this exemption, a State may extend the expiration date
of an eligible individual's HME for a period of no more than 180 days
without a new STA. The State must notify each eligible individual that
he or she is subject to an STA for renewal of the HME and that he or
she must initiate the STA at least 60 days before the extended
expiration date of the HME. If it is not practicable for a State to
give individualized notice to drivers, the State may publish general
notice, for example, on the appropriate website. TSA will continue to
recurrently vet these individuals against terrorism and other
governmental watch lists and databases and reserves authority under 49
CFR 1572.5(b) and 1572.13 to direct a State to revoke an individual's
HME immediately and at any time.
For purposes of this exemption, an eligible individual is defined
as an individual who held a valid, unexpired HME with an STA
(Determination of No Security Threat) on or after March 1, 2020, which
HME has expired or would otherwise expire between that date and the
close of the effective period of this exemption.
Limits of Exemption: This exemption does not apply to new HMEs nor
does it affect any other requirements applicable to obtaining a
commercial driver's license under 49 CFR parts 383 and 384.
Dated: April 2, 2020.
Stacey Fitzmaurice,
Executive Assistant Administrator for Operations Support.
[FR Doc. 2020-07340 Filed 4-7-20; 8:45 am]
BILLING CODE 9110-05-P