Limitations on the Issuance of Commercial Driver's Licenses With a Hazardous Materials Endorsement, 62503-62505 [2018-26250]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
rule. The comment is outside the scope
of this case and no changes are made in
the final rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not propose to create
any new provisions or clauses. The
proposed changes to DFARS clause
252.217–7001, Surge Option, are
minimal and reflect only updates
required to mirror current industry
terminology and practice for support
that may be required for industrial
planning for selected essential military
items in the event of an emergency. The
rule continues to apply to contracts
below the simplified acquisition
threshold, however, the rule does not
apply to commercial items, including
commercially available off-the-shelf
items.
III. Executive Orders 12866 and 13563
E.O. 12866, Regulatory Planning and
Review; and E.O. 13563, Improving
Regulation and Regulatory Review,
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs (OIRA), has
determined that this is not a significant
regulatory action as defined under
section 3(f) of E.O. 12866 and, therefore,
was not subject to review under section
6(b). This rule is not a major rule as
defined at 5 U.S.C. 804(2).
IV. Executive Order 13771
This final rule is not subject to E.O.
13771, because this rule is not
significant under E.O. 12866.
VerDate Sep<11>2014
16:14 Dec 03, 2018
Jkt 247001
improve the flexibility offered to
contractors submitting pricing for surge
options by giving them the option to
quote prices by percentage or quantity
increases, and to update the terminology
used from ‘‘Production Surge Plan’’ to
‘‘Capability Analysis Plan’’ (CAP), since
this is the most current and accurate
term for this type of plan. The
modification of this DFARS text
supports a recommendation from the
DoD Regulatory Reform Task Force
under E.O. 13777, Enforcing the
Regulatory Reform Agenda.
No public comments were received in
response to the initial regulatory
flexibility analysis.
This rule is not expected to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the scope of the rule limits the
application of the reporting requirement
to a small number of service contracts.
Based on fiscal year 2017 data from the
Federal Procurement Data System, the
Government issued approximately 78
contract actions that used mobilization
or essential research and development
as the reason for other than full and
open competition. Of the 78 contract
actions, approximately 33 awards were
made to 24 unique small entities.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses.
There are no known significant
alternative approaches to the rule that
would meet the proposed objectives.
PART 217—SPECIAL CONTRACTING
METHODS
VI. Paperwork Reduction Act
49 CFR Parts 383 and 384
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 217 and
252
V. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise a clause to reflect
current terminology and industry
practices. The objective of this rule is to
62503
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 217 and 252
are amended as follows: 1. The
authority citation for parts 217 and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
217.208–70
[Amended]
2. In section 217.208–70, amend
paragraph (b)(1), by removing
‘‘percentage’’ and adding ‘‘percentage or
quantity’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 252.217–7001 by—
a. Removing the clause date of ‘‘(AUG
1992)’’ and adding ‘‘(DEC 2018)’’ in its
place;
■ b. Revising paragraph (a)(1);
■ c. In paragraph (b)(1), removing
‘‘Production Surge Plan (DI–MGMT
80969)’’ and adding ‘‘Capabilities
Analysis Plan (CAP)’’ in its place; and
■ d. In paragraph (b)(2), removing
‘‘Production Surge Plan’’ and adding
‘‘CAP’’ in its place.
The revision reads as follows:
■
■
252.217–7001.
Surge option.
*
*
*
*
*
(a) * * *
(1) Increase the quantity of supplies or
services called for under this contract by
no more than llpercent or ll[insert
quantity and description of services or
supplies to be increased]; and/or
*
*
*
*
*
[FR Doc. 2018–26307 Filed 12–3–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2001–11117]
RIN 2126–AA70
Limitations on the Issuance of
Commercial Driver’s Licenses With a
Hazardous Materials Endorsement
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Interim rules; re-opening of the
comment period.
AGENCY:
In May 2003 and April 2005,
FMCSA published interim final rules
(IFR) regarding the limitations on the
issuance of commercial driver’s licenses
with a hazardous materials
endorsement. The comment period for
the May 2003 IFR closed on July 7,
2003; there was no comment period for
the April 2005 IFR. The Agency
received over 50 comments on the 2003
SUMMARY:
E:\FR\FM\04DER1.SGM
04DER1
62504
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
IFR. FMCSA now plans to adopt the
provisions of the IFRs that have not
previously been made final. To ensure
that interested parties have an
opportunity to provide comments, the
Agency has re-opened the comment
period for 15 days.
DATES: The comment periods for the
interim final rules published May 5,
2003, at 68 FR 23844, and April 29,
2005, at 70 FR 22268, are reopened.
Comments must be received on or
before December 19, 2018.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2001–11117 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, CDL Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; by email at Selden.Fritschner@
dot.gov, or by telephone at 202–366–
0677. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this IFR
(FMCSA–2001–11117), indicate the
specific section of the document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a telephone number in the
VerDate Sep<11>2014
16:14 Dec 03, 2018
Jkt 247001
body of your document so that FMCSA
can contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2001–11117, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
IFR based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2001–11117, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
On May 5, 2003, FMCSA published
an IFR titled ‘‘Limitations on the
Issuance of Commercial Driver’s
Licenses with a Hazardous Materials
Endorsement’’ (68 FR 23844). It revised
its regulations to require State licensing
agencies to issue or renew a hazardous
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
materials endorsement for a CDL only if
the Transportation Security
Administration (TSA) has determined
that the applicant does not pose a
security risk warranting denial of such
endorsement. To determine
applicability, a CDL renewal, transfer, or
upgrade was also considered a new
issuance and fell within the scope of
these requirements if it involved a
hazardous materials endorsement. The
IFR implemented FMCSA’s part of the
requirements of section 1012 of the USA
PATRIOT Act, which limited the
issuance of hazardous materials
licenses. Because FMCSA shares with
TSA the responsibility for implementing
section 1012, TSA concurrently
published an IFR containing regulations
governing the security risk
determination process in 49 CFR parts
1570 and 1572 (May 5, 2003, 68 FR
23852). No public meeting was
requested and none was held. The IFR
became effective upon publication on
May 5, 2003.
On April 29, 2005, FMCSA published
an IFR titled ‘‘Limitations on the
Issuance of Commercial Driver’s
Licenses with a Hazardous Materials
Endorsement’’ (70 FR 22268). That rule
was issued as an IFR because it related
to the 2003 IFR. In the preamble,
FMCSA wrote that the 2005 IFR would
be subsumed into the 2003 IFR when
that rulemaking was finalized. FMCSA’s
2003 IFR provided a specific date on
which States became subject to the new
requirement. The 2005 IFR amended the
FMCSRs to cross-reference the TSA’s
compliance date as the date when
FMCSA’s companion requirements also
became applicable (70 FR 22268).
Consistent with the TSA regulations,
FMCSA also reduced the amount of
advance notice that States must provide
to drivers that a security threat
assessment will be performed when
they renew a hazardous materials
endorsement.
FMCSA solicited comments to the
2003 IFR. The Agency received over 50
comments. No comment period was
included with the 2005 IFR.
On October 5, 2018, Congress enacted
the FAA Reauthorization Act of 2018
(Pub. L. 115–254). Under Sec. 1977, a
CMV driver who wants to obtain a
hazardous materials endorsement on a
commercial driver’s license is an
‘‘applicable individual who is subject to
credentialing or background
investigation’’. Section 1978 exempted
individuals who hold a valid
transportation security card (TSC, or
TWIC as implemented by TSA) issued
under section 70105 of Title 46. FMCSA
intends to incorporate this exemption
when finalizing the IFRs, subject to TSA
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
requirements on the issuance of the
HME.
Comments Requested
Considering the passage of time since
the publication of the IFRs, and because
some items may not have been touched
on during the initial notice and
comment, FMCSA is re-opening the
comment period. At the end of the
comment period, FMCSA will consider
all issues under its authority and may
change the IFR based on the comments.
FMCSA may issue a final rule at any
time after the close of the comment
period.
Issued on: November 23, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018–26250 Filed 12–3–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 390
[Docket No. FMCSA–2012–0103]
RIN 2126–AC22
Lease and Interchange of Vehicles;
Motor Carriers of Passengers;
Extension of Compliance Date
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; extension of
compliance date.
AGENCY:
FMCSA extends the
compliance date of the May 27, 2015,
final rule titled ‘‘Lease and Interchange
of Vehicles; Motor Carriers of
Passengers,’’ from January 1, 2019, to
January 1, 2021. The final rule received
37 petitions for reconsideration. To
address the concerns in the petitions,
FMCSA initiated a new notice of
proposed rulemaking (NPRM) that also
included a proposal to extend the
compliance date of the 2015 final rule
from January 1, 2019, to January 1, 2021.
This extension of the compliance date is
necessary to provide time to consider all
the issues raised in comments to the
NPRM and to publish a final rule, while
giving motor carriers sufficient time to
comply with the revised requirements.
DATES:
Effective date: December 4, 2018 until
January 1, 2021.
Compliance date: As of December 4,
2018, the compliance date for the
requirements in subpart F of 49 CFR
part 390 (§§ 390.300T, 390.301, 390.303,
SUMMARY:
VerDate Sep<11>2014
16:14 Dec 03, 2018
Jkt 247001
and 390.305) is extended until January
1, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Loretta Bitner, (202) 366–2400,
loretta.bitner@dot.gov, Office of
Enforcement and Compliance. FMCSA
office hours are from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. Background
A. History
On May 27, 2015, FMCSA published
a final rule titled ‘‘Lease and
Interchange of Vehicles; Motor Carriers
of Passengers’’ (80 FR 30164). The
American Bus Association (ABA) and
United Motorcoach Association (UMA)
filed a joint request for an extension of
the June 26, 2015, deadline to submit
petitions for reconsideration of the final
rule (80 FR 37553). On July 1, 2015, the
Agency extended the deadline for such
petitions until August 25, 2015 (80 FR
37553).
The Agency received 37 petitions for
reconsideration, all of which were filed
in the public docket referenced above.
After the initial review of the petitions,
FMCSA held a meeting on October 28,
2015, with a cross section of the
petitioners. Attending were
representatives from small and large bus
companies, charter and regular-route
operations, and diverse geographic areas
of the nation. Additionally, two
insurance company representatives
were invited due to litigation and
financial liability concerns. The purpose
of the meeting was to have an open
discussion and to gather additional
details about petitioners’ specific
operations and concerns.
Based on these discussions, and after
further analysis, FMCSA concluded that
some aspects of the petitions for
reconsideration have merit. The Agency
therefore extended the compliance date
to January 1, 2018, to allay stakeholder
concerns that there would not be
sufficient time to adjust passenger
carrier operations before compliance
with the regulations was required (81
FR 13998, March 16, 2016). After further
review of the petitions, the Agency
announced on August 31, 2016, that it
intended to consider changes to four
aspects of the 2015 final rule, but it also
denied requests to reconsider other
issues raised by petitioners (81 FR
59951). The August 31 document
announced that a public roundtable
would be held to discuss the four issues.
The roundtable was held on October 31,
2016.
On June 16, 2017, FMCSA published
a final rule (2017 final rule) and a
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
62505
proposal in the Federal Register (82 FR
27766, and 27768). The 2017 final rule
extended the compliance date of the
2015 final rule from January 1, 2018, to
January 1, 2019. The proposal provided
information about FMCSA’s planned
revisions to the 2015 final rule and
requested public comment on those
revisions.
B. Related Activity
To address the concerns in the
petitions, FMCSA published an NPRM
on September 20, 2018 (83 FR 47764).
This NPRM (RIN 2126–AC07) proposed
to extend the compliance date of the
2015 final rule from January 1, 2019, to
January 1, 2021. It also included
proposed revisions to the 2015 final rule
and requested public comment by
November 19, 2018.
In October 2018, several passenger
carriers petitioned FMCSA to extend the
compliance date immediately in
accordance with the Agency’s prior
commitments and provide sufficient
time to finalize the NPRM, to avoid an
uncertain operating environment,
confusion, and disruption in industry
operations. ABA wrote that the outcome
of an uncertain business environment is
entirely avoidable. The Agency should
take the same action it has taken on two
prior occasions, and simply publish a
final rule to extend the compliance date
of the current rule. ABA argued that
extending the compliance date would
not affect safety, as the current rule has
never been in force; nor would an
extension interfere with the rulemaking
process to finalize revisions to the
current rule. Further, the Agency has
committed to extending the compliance
date on several occasions for the stated
purpose of allowing sufficient time to
complete revisions to the current rule.
C. Comments Received
FMCSA received 15 comments
supporting the extension of the
compliance date of the 2015 final rule
to January 1, 2021. The extension is
necessary to provide time to consider all
the issues and to publish a final rule,
while giving motor carriers sufficient
time to comply with the revised
requirements. FMCSA therefore extends
the 2019 compliance date until January
1, 2021.
D. Extending the Compliance Date
The Agency is extending the
compliance date by 2 years, to January
1, 2021. The temporary section added to
subpart F of 49 CFR part 390 when a
previous extension of the compliance
date was issued, is being updated to
include the new compliance date. The
temporary section continues to be in
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62503-62505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26250]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA-2001-11117]
RIN 2126-AA70
Limitations on the Issuance of Commercial Driver's Licenses With
a Hazardous Materials Endorsement
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Interim rules; re-opening of the comment period.
-----------------------------------------------------------------------
SUMMARY: In May 2003 and April 2005, FMCSA published interim final
rules (IFR) regarding the limitations on the issuance of commercial
driver's licenses with a hazardous materials endorsement. The comment
period for the May 2003 IFR closed on July 7, 2003; there was no
comment period for the April 2005 IFR. The Agency received over 50
comments on the 2003
[[Page 62504]]
IFR. FMCSA now plans to adopt the provisions of the IFRs that have not
previously been made final. To ensure that interested parties have an
opportunity to provide comments, the Agency has re-opened the comment
period for 15 days.
DATES: The comment periods for the interim final rules published May 5,
2003, at 68 FR 23844, and April 29, 2005, at 70 FR 22268, are reopened.
Comments must be received on or before December 19, 2018.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2001-11117 using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; by email at [email protected], or by
telephone at 202-366-0677. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
IFR (FMCSA-2001-11117), indicate the specific section of the document
to which each comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a telephone number in the body of your document so
that FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2001-11117, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this IFR based on your comments. FMCSA
may issue a final rule at any time after the close of the comment
period.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2001-11117, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
On May 5, 2003, FMCSA published an IFR titled ``Limitations on the
Issuance of Commercial Driver's Licenses with a Hazardous Materials
Endorsement'' (68 FR 23844). It revised its regulations to require
State licensing agencies to issue or renew a hazardous materials
endorsement for a CDL only if the Transportation Security
Administration (TSA) has determined that the applicant does not pose a
security risk warranting denial of such endorsement. To determine
applicability, a CDL renewal, transfer, or upgrade was also considered
a new issuance and fell within the scope of these requirements if it
involved a hazardous materials endorsement. The IFR implemented FMCSA's
part of the requirements of section 1012 of the USA PATRIOT Act, which
limited the issuance of hazardous materials licenses. Because FMCSA
shares with TSA the responsibility for implementing section 1012, TSA
concurrently published an IFR containing regulations governing the
security risk determination process in 49 CFR parts 1570 and 1572 (May
5, 2003, 68 FR 23852). No public meeting was requested and none was
held. The IFR became effective upon publication on May 5, 2003.
On April 29, 2005, FMCSA published an IFR titled ``Limitations on
the Issuance of Commercial Driver's Licenses with a Hazardous Materials
Endorsement'' (70 FR 22268). That rule was issued as an IFR because it
related to the 2003 IFR. In the preamble, FMCSA wrote that the 2005 IFR
would be subsumed into the 2003 IFR when that rulemaking was finalized.
FMCSA's 2003 IFR provided a specific date on which States became
subject to the new requirement. The 2005 IFR amended the FMCSRs to
cross-reference the TSA's compliance date as the date when FMCSA's
companion requirements also became applicable (70 FR 22268). Consistent
with the TSA regulations, FMCSA also reduced the amount of advance
notice that States must provide to drivers that a security threat
assessment will be performed when they renew a hazardous materials
endorsement.
FMCSA solicited comments to the 2003 IFR. The Agency received over
50 comments. No comment period was included with the 2005 IFR.
On October 5, 2018, Congress enacted the FAA Reauthorization Act of
2018 (Pub. L. 115-254). Under Sec. 1977, a CMV driver who wants to
obtain a hazardous materials endorsement on a commercial driver's
license is an ``applicable individual who is subject to credentialing
or background investigation''. Section 1978 exempted individuals who
hold a valid transportation security card (TSC, or TWIC as implemented
by TSA) issued under section 70105 of Title 46. FMCSA intends to
incorporate this exemption when finalizing the IFRs, subject to TSA
[[Page 62505]]
requirements on the issuance of the HME.
Comments Requested
Considering the passage of time since the publication of the IFRs,
and because some items may not have been touched on during the initial
notice and comment, FMCSA is re-opening the comment period. At the end
of the comment period, FMCSA will consider all issues under its
authority and may change the IFR based on the comments. FMCSA may issue
a final rule at any time after the close of the comment period.
Issued on: November 23, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-26250 Filed 12-3-18; 8:45 am]
BILLING CODE 4910-EX-P
