[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68357-68358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23961]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2003-14610]


Notice To Extend Exemption From Renewal of the Hazardous 
Materials Endorsement Security Threat Assessment for Certain 
Individuals

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice, extension of temporary exemption.

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SUMMARY: TSA is extending the exemption from Renewal of the Hazardous 
Materials Endorsement Security Threat Assessment for Certain 
Individuals that TSA published on July 31, 2020 which was scheduled to 
expire on October 30, 2020, through December 31, 2020. Under this 
exemption, states may extend the expiration date of hazardous materials 
endorsements (HMEs) that expire on or after March 1, 2020, for 180 
days, due to restrictions and business closures in place in response to 
the COVID-19 pandemic. If a state grants an extension, the individual 
with an expired HME must initiate the process of renewing his or her 
security threat assessment (STA) for the HME no later than 60 days 
before the end of the state-granted extension. Federal partners, state 
licensing agencies and related associations report ongoing difficulties 
in timely renewal of expiring HMEs and asked TSA to consider extending 
the exemption until the end of calendar year 2020. TSA has determined 
it is in the public interest to extend the exemption through December 
31, 2020, which aligns with similar waivers issued by the U.S. 
Department of Transportation. TSA may extend this exemption at a future 
date depending on the status of the COVID-19 crisis.

DATES: This extension of the previously issued exemption published on 
July 31, 2020 (85 FR 46152) becomes effective on October 30, 2020, and 
remains in effect through December 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

    A public health emergency exists in this country as a consequence 
of the COVID-19 pandemic.\1\ In response to this pandemic, on April 2, 
2020, TSA issued an exemption from requirements in 48 CFR part 1572 
regarding expiration of a TSA security threat assessment (STA) for 
HMEs.\2\ TSA subsequently extended the duration of the exemption 
through October 29, 2020.\3\
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    \1\ See HHS, Renewal of Determination that a Public Health 
Emergency Exists (Oct. 2, 2020), available at https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19-2Oct2020.aspx. See 
also Proclamation 9994, Declaring a National Emergency Concerning 
the Novel Coronavirus Disease (COVID-19) Outbreak (March 13, 2020). 
Published at 85 FR 15337 (Mar. 18, 2020).
    \2\ See 85 FR 19767 (April 8, 2020).
    \3\ See 85 FR 46152 (July 31, 2020).
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    The USA PATRIOT Act of 2001 requires individuals who transport 
hazardous materials via commercial motor vehicle to undergo a STA 
conducted by TSA.\4\ As required by TSA's implementing regulations in 
49 CFR part 1572, the STA for an HME consists of criminal, immigration, 
and terrorist checks. The STA and HME remain valid for five years.
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    \4\ Public Law 107-56 (Oct. 26, 2001; 115 Stat. 396), Sec.  
1012(a)(1), codified as amended at 49 U.S.C. 5103a.
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    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 the STA. An individual seeking renewal of an HME must 
initiate an STA at least 60 days before expiration of his or her 
current HME.\5\ 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,\6\ at least 60 days before the expiration of 
the HME.\7\
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    \5\ 49 CFR 1572.13(b).
    \6\ 49 CFR 1572.15.
    \7\ 49 CFR 1572.13(b).
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    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 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.\8\
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    \8\ 49 CFR 1572.13(a).
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    Consistent with the requirements in 49 CFR 1572.13(b), if the state 
grants an extension to a driver, the state must, if practicable, notify 
the driver 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 to drivers, the state may publish general 
notice, for example, on the appropriate website.

Authority and Determination

    TSA may grant an exemption from a regulation if TSA determines that 
the exemption is in the public interest.\9\ On April 2, 2020, TSA 
determined that it was 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 HME drivers to work without interruption 
during the COVID-19 crisis.\10\ On July 31, 2020, TSA extended that 
exemption by 90 days through October 29, 2020.\11\ TSA has determined 
that it is in the public interest to extend the exemption through 
December 31, 2020.
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    \9\ 49 U.S.C. 114(q). The Administrator of TSA delegated this 
authority to the Executive Assistant Administrator for Operations 
Support, effective March 26, 2020, during the period of the National 
Emergency cited supra, n. 1.
    \10\ See Exemption from Renewal of the Hazardous Materials 
Endorsement Security Threat Assessment for Certain Individuals, 85 
FR 19767 (Apr. 8, 2020).
    \11\ See Notice to Extend Exemption from Renewal of the 
Hazardous Materials Endorsement Security Threat Assessment for 
Certain Individuals, 85 FR 46152 (July 31, 2020).
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    The exemption does not compromise the current level of 
transportation security because TSA continues to conduct recurrent 
security threat checks on HME holders and is able to take action to 
revoke an HME if derogatory information becomes available, regardless 
of expiration date. TSA uses data previously submitted by these

[[Page 68358]]

individuals to conduct recurrent vetting against terrorism watch lists 
and databases to ensure that they continue to meet TSA requirements for 
having an HME.
    The exemption permits states to extend the expiration date for an 
HME for up to 180 days for individuals with an HME that expires on or 
after March 1, 2020, 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.\12\ With the extension TSA announces in 
this notice, states may continue this procedure through December 31, 
2020. Individuals who were eligible for an extension of their HMEs 
during the initial exemption may continue to be eligible under this 
notice of extension of the exemption.
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    \12\ This exemption remains in effect through December 31, 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 the option for further modification as noted above 
provides clearer notice to and better certainty for states 
administering the program.
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    Federal partners, States, the American Trucking Associations and 
the American Association of Motor Vehicle Administrators asked TSA to 
consider extending the exemption to align with the U.S. Department of 
Transportation Federal Motor Carrier Safety Administration's exemptions 
and waivers for drivers and States impacted by the COVID-19 crisis.\13\ 
Some states continue to face challenges maintaining regular operations 
at state Drivers Licensing Centers due to public health considerations 
related to the inability to predict how or where COVID-19 may spread in 
the future. Although most TSA enrollment centers have remained open 
during the pandemic, temporary closures in states and regions with 
limited enrollment center alternatives have complicated drivers' 
ability to enroll for an STA. TSA's enrollment provider has re-opened 
sites that were temporarily closed, but due to the uncertain nature of 
the spread of COVID-19, applicants may encounter renewed closures in 
the coming months. The extension will help ensure that drivers can 
continue to perform critical services during the pandemic.
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    \13\ See FMCSA, Waiver in Response to the COVID-19 National 
Emergency--For States, CDL Holders, CLP Holders, and Interstate 
Drivers Operating Commercial Motor Vehicles (Sept. 18, 2020), 
available at https://www.fmcsa.dot.gov/emergency/waiver-response-covid-19-national-emergency-states-cdl-holders-clp-holders-and-0.
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    For these reasons, TSA is extending the exemption through December 
31, 2020.

    Dated: October 23, 2020.
Stacey Fitzmaurice,
Executive Assistant Administrator, Operations Support.
[FR Doc. 2020-23961 Filed 10-26-20; 4:15 pm]
BILLING CODE 9110-05-P