Exemption From Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals, 19767-19769 [2020-07340]

Download as PDF Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Notices Contact Person: Joanna Kubler-Kielb, Ph.D., Scientific Review Officer, Scientific Review Branch (SRB), DER, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, DHHS 6710B Rockledge Drive, Rm 2125C, Bethesda, MD 20892–7002, 301–435–6916 kielbj@ mail.nih.gov. Name of Committee: National Institute of Child Health and Human Development, Initial Review Group; Reproduction, Andrology, and Gynecology Subcommittee. Date: June 19, 2020. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institute of Child Health and Human Development, 6710B Rockledge Drive, Rm. 2125B, Bethesda, MD 20892–7002 (internet Assisted and Telephone Conference Call). Contact Person: Derek J. McLean, Ph.D., Scientific Review Officer, Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6710B Rockledge Drive, Rm. 2125B, Bethesda, MD 20892–7002, (301) 443–5082, derek.mclean@nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.865, Research for Mothers and Children, National Institutes of Health, HHS) Dated: April 3, 2020. Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07410 Filed 4–7–20; 8:45 am] Place: National Institutes of Health, Rockledge II, 6701 Rockledge Dr., Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Mary Custer, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4148, MSC 7850, Bethesda, MD 20892, (301) 435– 1164, custerm@csr.nih.gov. Name of Committee: Center for Scientific Review Special Emphasis Panel; R15: Cardiovascular and Respiratory Sciences. Date: May 8, 2020. Time: 2:00 p.m. to 4:30 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, Rockledge II, 6701 Rockledge Dr., Bethesda, MD 20892 (Virtual Meeting). Contact Person: Xiang-Ning Li, MD, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5112, MSC 7854, Bethesda, MD 20892, 301–435– 1744, lixiang@csr.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: April 2, 2020. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07325 Filed 4–7–20; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institutes of Health Center for Scientific Review; Notice of Closed Meetings lotter on DSKBCFDHB2PROD with NOTICES Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Mitochondrial Function and Neurodegeneration. Date: April 23, 2020. Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications VerDate Sep<11>2014 18:37 Apr 07, 2020 Jkt 250001 National Institute of Biomedical Imaging and Bioengineering; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory Council for Biomedical Imaging and Bioengineering. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 19767 personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Advisory Council for Biomedical Imaging and Bioengineering NIBIB National Advisory Council 05/20/2020. Date: May 20, 2020. Open: 12:00 p.m. to 2:30 p.m. Agenda: Report from the Institute Director and other Institute Staff. Place: National Institutes of Health, Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting). Closed: 2:30 p.m. to 4:30 p.m. Agenda: To review and evaluate grant applications and/or proposals. Place: National Institutes of Health, Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting). Contact Person: David T. George, Ph.D., Associate Director for Research Administration, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Room 920, Bethesda, MD 20892, (301) 496–9474, georged@mail.nih.gov. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. Information is also available on the Institute’s/Center’s home page: https:// www.nibib1.nih.gov/about/NACBIB/ NACBIB.htm, where an agenda and any additional information for the meeting will be posted when available. Dated: April 3, 2020. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07406 Filed 4–7–20; 8:45 am] BILLING CODE 4140–01–P 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 Transportation Security Administration (TSA), DHS. ACTION: Notice; temporary exemption. AGENCY: 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) SUMMARY: E:\FR\FM\08APN1.SGM 08APN1 19768 Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Notices 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 HME.question@tsa.dhs.gov. SUPPLEMENTARY INFORMATION: Background lotter on DSKBCFDHB2PROD with NOTICES 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 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. 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 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). 2 Pub. L. 107–56 (Oct. 26, 2001; 115 Stat. 396), § 1012(a)(1), codified as amended at 49 U.S.C. 5103a. 3 49 CFR 1572.13(b). 4 49 CFR 1572.15. VerDate Sep<11>2014 18:37 Apr 07, 2020 Jkt 250001 at least 60 days before the expiration of the HME.5 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 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. 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 5 49 CFR 1572.13(b). CFR 1572.13(a). 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. 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. 6 49 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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. 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 recurrentvetting; (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 E:\FR\FM\08APN1.SGM 49 CFR 1572.5(b) and 1572.13. 08APN1 Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Notices Exemption DEPARTMENT OF THE INTERIOR 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. Fish and Wildlife Service Dated: April 2, 2020. Stacey Fitzmaurice, Executive Assistant Administrator for Operations Support. [FR Doc. 2020–07340 Filed 4–7–20; 8:45 am] lotter on DSKBCFDHB2PROD with NOTICES BILLING CODE 9110–05–P VerDate Sep<11>2014 18:37 Apr 07, 2020 Jkt 250001 [FWS–HQ–FAC–2020–N005; FXFR131109WFHS0–190–FF09F12000; OMB Control Number 1018–0078] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs Fish and Wildlife Service, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection with revisions. DATES: Interested persons are invited to submit comments on or before May 8, 2020. ADDRESSES: Send written comments on this information collection request to the Office of Management and Budget’s Desk Officer for the Department of the Interior by email at OIRA_Submission@ omb.eop.gov; or via facsimile to (202) 395–5806. Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB/PERMA (JAO1N), 5275 Leesburg Pike, Falls Church, VA 22041–3803 (mail); or by email to Info_Coll@fws.gov. Please reference OMB Control Number 1018– 0078 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Madonna L. Baucum, Service Information Collection Clearance Officer, by email at Info_ Coll@fws.gov, or by telephone at (703) 358–2503. You may also view the ICR at https://www.reginfo.gov/public/do/ PRAMain. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. On October 3, 2019, we published a Federal Register notice with a 60-day SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 19769 public comment period soliciting comments on this collection of information (84 FR 52892). In that notice, we solicited comments for 60 days, ending on December 2, 2019. We received no comments in response to that notice. We are again soliciting comments on the information collection request (ICR) that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the Service; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Service enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Service minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The Lacey Act (Act, 18 U.S.C. 42) prohibits the importation of any animal deemed to be and prescribed by regulation to be injurious to: • Human beings; • The interests of agriculture, horticulture, and forestry; or • Wildlife or the wildlife resources of the United States. Implementation and enforcement of the Lacy Act is the responsibility of the Department of the Interior. The 50 CFR 16.13 regulations allow for the importation of dead uneviscerated salmonids (family Salmonidae), live salmonids, live fertilized eggs, or gametes of salmonid fish into the United States. To effectively carry out our responsibilities and protect the aquatic resources of the United States, it is necessary to collect information regarding the source, destination, and health status of salmonid fish and their reproductive parts. In order to evaluate import requests that contain this data, it is imperative that the information collected is accurate. Those individuals who provide the fish health data and sign the health certificate must demonstrate professional qualifications, and be approved as Title 50 Certifiers by E:\FR\FM\08APN1.SGM 08APN1

Agencies

[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


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.