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

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Transportation Security Administration

[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