[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56692-56693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19864]



[[Page 56692]]

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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, DHS.

ACTION: Notice, temporary exemption.

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SUMMARY: TSA is granting a temporary exemption from requirements 
regarding the expiration of TSA Security Threat Assessments (STAs) for 
Hazardous Materials Endorsement (HME) holders, subject to requirements 
set forth in this exemption. For the duration of this exemption, states 
may extend the expiration date of an HME that expires between July 1, 
2022 and December 27, 2022, for a period of up to 180 days. TSA has 
determined it is in the public interest to grant the exemption at this 
time to ensure that the HME renewal process does not exacerbate the 
current difficulties with the transfer and movement of cargo nationwide 
and at the ports. TSA may extend this exemption depending on HME 
enrollment volumes and supply chain challenges.

DATES: This exemption becomes effective on September 15, 2022 and 
remains in effect through December 27, 2022, unless otherwise modified 
by TSA through a notice published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571-227-2851, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Approximately 80 percent of goods are shipped by truck in the 
United States today. These shipments include necessities, such as food, 
medicine, and protective equipment, as well as discretionary goods. 
Consumer purchases of discretionary goods fell dramatically during the 
height of the Coronavirus 2019 (COVID-19) pandemic, but spiked 
following the development of vaccines and as a gradual return to normal 
daily life progressed. Meanwhile, the pandemic exacerbated longstanding 
challenges in the trucking industry, such that demand for drivers with 
a valid state-issued commercial driver's license (CDL) with an HME has 
increased significantly. These supply chain issues and increasing 
consumer demands have increased pressure on motor carriers who require 
qualified, trained, and licensed drivers to transport goods. As a 
result, there is a significant need for commercial drivers who are 
authorized to transport all goods, including hazardous materials.
    The USA PATRIOT Act of 2001 requires individuals who transport 
hazardous materials via commercial motor vehicle to undergo an STA 
conducted by TSA.\1\ As described in the implementing regulations at 49 
CFR part 1572, no state may issue or renew an HME for an individual's 
CDL, unless the state first receives a Determination of No Security 
Threat for the individual from TSA following the TSA-conducted STA. See 
49 CFR 1572.13(a). The STA for an HME consists of checks of criminal, 
immigration, and security threat databases.\2\ The STA and HME remain 
valid for up to five years.
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    \1\ Public Law 107-56 (Oct. 26, 2001; 115 Stat. 396), 
1012(a)(1), codified as amended at 49 U.S.C. 5103a.
    \2\ For purposes of this Notice, the term `security threat' 
includes terrorism watchlists, and intelligence and law enforcement 
databases.
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    An individual seeking renewal of an HME must initiate an STA at 
least 60 days before expiration of their current HME.\3\ The process of 
initiating an STA requires the individual to submit information to 
either 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\
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    \3\ 49 CFR 1572.13(b).
    \4\ 49 CFR 1572.15.
    \5\ 49 CFR 1572.13(b).
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    Supply chain issues, have increased the demand for drivers with a 
valid state-issued CDL with an HME. The pandemic exacerbated 
longstanding challenges in the trucking industry, including high 
turnover rates, an aging workforce, long hours away from home, and time 
spent waiting--often unpaid--to load and unload at congested ports, 
warehouses, and distribution centers. As a result of the increased 
demand, more than 50,000 CDLs and Learners Permits have been issued 
each month in 2021, which is 20 percent higher than the 2019 monthly 
average and 72 percent higher than the 2020 monthly average.\6\
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    \6\ White House (2021, December 16). Biden-Harris Trucking 
Action Plan. Available at: https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/16/fact-sheet-the-biden-%E2%81%A0harris-administration-trucking-action-plan-to-strengthen-americas-trucking-workforce/.
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    Even though all shipments do not include hazardous materials, 
employers want to have commercial drivers with HMEs available as a 
matter of efficiency to ensure any driver is authorized to carry any 
shipment. Similar to the demand for CDLs, enrollments for HMEs have 
increased from approximately 15,000 per month to 20,000 per month in 
calendar years 2021 and 2022. Despite a nearly 30 percent decrease in 
HME enrollments during the pandemic, new enrollments and renewals are 
exceeding historical volumes to meet the demand for qualified drivers. 
The increased demand for HMEs, as well as other credentialling 
requiring STAs conducted by TSA, has increased processing times for 
some individuals with potential disqualifying factors. Some 
applications require 60 days for TSA to complete the adjudication of 
potential disqualifying factors and make an eligibility determination.
    As noted above, current regulatory requirements prohibit states 
from issuing or renewing an HME until TSA makes its final eligibility 
determination.\7\ States also may issue an HME to a driver who holds a 
valid Transportation Worker Identification Credential (TWIC[supreg]) 
which includes completion of the same STA.\8\ There are approximately 
250,000 drivers whose HME STA has expired or will expire in calendar 
year 2022. Approximately 135,000 of those HME STAs will expire in the 
next 180 days or 22,500 per month for the next six months.
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    \7\ 49 CFR 1572.13(a).
    \8\ Public Law 115-254, 132 Stat. 3186 (Oct. 5, 2018) 1978, 
codified at 49 U.S.C. 5103a. In March 2020, TSA published an 
exemption as an interim measure to conform regulatory requirements 
to the statute. The exemption includes guidance for states to 
validate a TWIC card; however, few states have implemented this 
process or accept TWIC for HME issuance.
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    TSA published a similar temporary exemption for HME renewals on 
April 8, 2020, to provide regulatory relief during the height of the 
COVID-19 pandemic \9\ to ensure there were enough authorized drivers in 
the supply chain to deliver needed goods. In that exemption, TSA 
permitted states to extend the expiration date for HMEs for up to 180 
days. TSA subsequently issued two 90-day extensions, which extended 
availability of the exemption to December 31, 2020.\10\
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    \9\ 85 FR 19767.
    \10\ 85 FR 46152 (July 31, 2020); 85 FR 68357 (Oct. 28, 2020).
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Authority and Determination

    TSA may grant an exemption from a regulation if TSA determines that 
the exemption is in the public interest.\11\ TSA has determined that it 
is in the

[[Page 56693]]

public interest to grant an exemption from certain process requirements 
in 49 CFR part 1572 related to STAs for HMEs. TSA based this 
determination on the need for commercial drivers with an HME to 
continue to work without interruption while supply chain pressures ease 
and TSA is able to address increasing HME enrollment volumes, which 
have impacted STA processing times. Extending the HME expiration date 
through this exemption would not compromise the current level of 
transportation security because TSA conducts recurrent security threat 
checks on HME holders and takes action to revoke an HME if derogatory 
information becomes available, regardless of expiration date. TSA uses 
data previously submitted by these individuals to conduct recurrent 
security threat vetting to ensure that they do not pose a security 
threat.
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    \11\ 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.
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    This exemption permits states to extend the expiration date for an 
HME for up to 180 days for eligible individuals with an HME that 
expires between July 1, 2022 and December 27, 2022, 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\ 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 new expiration date. 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.
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    \12\ This exemption remains in effect through December 27, 2022, 
unless otherwise modified by TSA through a notice published in the 
Federal Register. TSA 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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    The purpose of this exemption is to allow states to provide 
commercial drivers with up to six months of relief from action 
necessary to meet TSA's STA renewal requirements during a period of 
increased demand for commercial drivers. It allows 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 amid supply chain pressures and increased demand for 
STAs, licenses, and endorsements. TSA has determined that there is 
little risk to transportation security associated with the exemption. 
The exemption is subject to the following conditions:
    (1) The extension applies only to individuals who currently hold an 
HME;
    (2) The extension is for a limited time, dependent on the duration 
and scope of supply chain pressures and increased HME enrollment 
volumes for drivers, and subject to possible modification by TSA before 
the closure of the effective period; and
    (3) TSA will continue to conduct security threat checks of these 
during the period of the extension 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.\13\
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    \13\ See 49 CFR 1572.5(b) and 1572.13.
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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 July 1, 2022, 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.

David P. Pekoske,
Acting Administrator.
[FR Doc. 2022-19864 Filed 9-14-22; 8:45 am]
BILLING CODE 9110-05-P