Notice To Extend Exemption From Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals, 46152-46153 [2020-16359]

Download as PDF 46152 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices implementation of specific programs or initiatives to prevent, protect against, respond to, and recover from acts of terrorism and targeted violence. D. Evaluation and Feedback: Recommendations for the efficiency and effectiveness of the Department’s faith-based organization security programs (e.g., two-way information sharing, facilitate training, building of bridges between faith-based communities and their law enforcement partners, addressing community issues of concerns, FEMA’s non-profit security grant program, security training and tools for faithbased organizations, etc.). Recommendations will also prioritize how to prevent, protect against, respond to, and recover from domestic and international terrorist attacks (e.g., white supremacist extremist attacks). This includes providing feedback on how DHS can address the needs of the faith-based community against evolving and future threats as they arise. Solicitation for membership will be done through the Federal Register at a minimum, but may include additional correspondence to key stakeholders (i.e., DHS leadership, existing DHS faithbased organization contacts, Congressional partners, White House staff, etc). Members of the FBSAC are appointed by the Secretary for specified terms of appointment. The FBSAC membership selection and appointment process is designed to ensure continuity of FBSAC membership, and to afford the Secretary the advisory input of the most capable, diverse, and novel perspectives that the country has to offer. FBSAC members shall be appointed from known national leaders representative of the private sector, academia, professional service associations, federally funded research and development centers, nongovernmental organizations, State local and tribal governments, and other appropriate professions and communities. Individuals who are interested in serving on the committee are invited to apply for consideration for appointment. There is no application form; however, a current resume and statement of interest is required. The appointment shall be for a term of up to three years. Individuals selected for the appointment shall serve as Special Government Employees (SGEs), defined in section 202(a) of title 18, United States Code, regular government employees, or representatives. The candidates selected for the SGE appointments will be required to complete a New Entrant Confidential Financial Disclosure Form (OGE Form 450) annually. All non-federal members must also complete a background investigation, a gratuitous service agreement and a non-disclosure agreement. VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 FBSAC shall meet as often as needed to fulfill its mission, but typically twice each fiscal year to address its objectives and duties. The committee will aim to meet in person at least once each fiscal year with additional meetings held via teleconference. FBSAC members may be reimbursed for travel and per diem incurred in the performance of their duties as members of the committee. All travel for FBSAC business must be approved in advance by the Designated Federal Officer. To the extent practical, members shall serve on any subcommittee that is established. The Department of Homeland Security does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability and genetic information, age, membership in an employee organization, or other nonmerit factor. DHS strives to achieve a diverse candidate pool for all its recruitment actions. Zarinah Traci Silas, Senior Director and Alternate Designated Federal Official. [FR Doc. 2020–16676 Filed 7–30–20; 8:45 am] BILLING CODE 9112–FN–P 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 Transportation Security Administration (TSA), DHS. ACTION: Notice; extension of temporary exemption. AGENCY: TSA is extending for 90 days the exemption from Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals that TSA published on April 8, 2020, which was scheduled to expire on July 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. SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 State licensing agencies and related associations report ongoing difficulties in timely renewal of expiring HMEs and asked TSA to consider extending the exemption for 90 days. TSA has determined it is in the public interest to extend the exemption for 90 days. 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 April 8, 2020 (85 FR 19767), becomes effective on August 1, 2020, and remains in effect through October 29, 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 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 transport hazardous materials via commercial motor vehicle to undergo a 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 terrorist checks. The STA and HME remain valid for five years. 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.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 It may be impracticable for some commercial drivers to renew their STAs 1 See Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak (March 13, 2020). Published at 85 FR 15337 (March 18, 2020). 2 Public Law 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. 5 49 CFR 1572.13(b). E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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.6 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.7 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.8 This 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 individuals to conduct recurrent vetting against terrorism watch lists and databases to ensure that they 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 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.9 6 49 CFR 1572.13(a). 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 See exemption from Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals, 85 FR 19767 (April 8, 2020). 9 This exemption remains in effect through October 29, 2020, unless otherwise modified by 7 49 VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 With the 90-day extension of the exemption that TSA announces in this Notice, states may continue this procedure until October 29, 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. States and the American Association of Motor Vehicle Administrators asked TSA to consider extending the exemption. 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 many 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. For these reasons, TSA is extending the exemption for 90 days. Dated: July 23, 2020. Kelli Ann Burriesci, Assistant Administrator, Enrollment Services and Vetting Programs, Transportation Security Administration. [FR Doc. 2020–16359 Filed 7–30–20; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–6229–N–01] Manufactured Housing Consensus Committee (MHCC): Notice Inviting Nominations of Individuals To Serve on the Committee Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of request for nominations to serve on the Manufactured Housing Consensus Committee. AGENCY: 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 46153 The Department of Housing and Urban Development invites the public to nominate individuals for appointment, with the approval of the Secretary, to the Manufactured Housing Consensus Committee (MHCC), a federal advisory committee established by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000. The Department will make appointments from nominations submitted in response to this Notice. However, individuals that applied last year do not need to re-apply; pursuant to this notice those applications are on file and may be considered for future appointments. Current MHCC members whose first term ends on December 31, 2020 and are eligible for reappointment need to resubmit their nomination application. DATES: The Department will accept nominations until August 31, 2020. ADDRESSES: Nominations must be submitted through the following website: http:// mhcc.homeinnovation.com/ Application.aspx. The submitted nominations are addressed to Teresa B. Payne, Administrator, Office of Manufactured Housing Programs, Department of Housing and Urban Development, c/o Home Innovation Research Labs; Attention: Kevin Kauffman, 400 Prince Georges Blvd., Upper Marlboro, MD 20774. FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Administrator, Office of Manufactured Housing Programs, Department of Housing and Urban Development, 451 7th Street SW, Room 9166, Washington, DC 20410–8000; telephone number 202–708–5365 (this is not a toll-free number). For hearing and speech-impaired persons, this number may be accessed via TTY by calling the Federal Relay Service at 1– 800–877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 604 of the Manufactured Housing Improvement Act of 2000 (Pub. L. 106–569) amended the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401–5426) (Act) to require the establishment of the MHCC, a federal advisory committee, to: (1) Provide periodic recommendations to the Secretary to adopt, revise, and interpret the manufactured housing construction and safety standards; and (2) to provide periodic recommendations to the Secretary to adopt, revise, and interpret the procedural and enforcement E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Notices]
[Pages 46152-46153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16359]


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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 (TSA), DHS.

ACTION: Notice; extension of temporary exemption.

-----------------------------------------------------------------------

SUMMARY: TSA is extending for 90 days the exemption from Renewal of the 
Hazardous Materials Endorsement Security Threat Assessment for Certain 
Individuals that TSA published on April 8, 2020, which was scheduled to 
expire on July 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. State licensing agencies and related associations 
report ongoing difficulties in timely renewal of expiring HMEs and 
asked TSA to consider extending the exemption for 90 days. TSA has 
determined it is in the public interest to extend the exemption for 90 
days. 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 
April 8, 2020 (85 FR 19767), becomes effective on August 1, 2020, and 
remains in effect through October 29, 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 (March 
13, 2020). Published at 85 FR 15337 (March 18, 2020).
---------------------------------------------------------------------------

    The USA PATRIOT Act of 2001 requires individuals who transport 
hazardous materials via commercial motor vehicle to undergo a 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 terrorist checks. The STA and HME remain valid for five years.
---------------------------------------------------------------------------

    \2\ Public Law 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 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.\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

[[Page 46153]]

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.\6\
---------------------------------------------------------------------------

    \6\ 49 CFR 1572.13(a).
---------------------------------------------------------------------------

    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.\7\ 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.\8\ This 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 individuals to conduct recurrent vetting against 
terrorism watch lists and databases to ensure that they continue to 
meet TSA requirements for having an HME.
---------------------------------------------------------------------------

    \7\ 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\ See exemption from Renewal of the Hazardous Materials 
Endorsement Security Threat Assessment for Certain Individuals, 85 
FR 19767 (April 8, 2020).
---------------------------------------------------------------------------

    This 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.\9\ With the 90-day extension of the 
exemption that TSA announces in this Notice, states may continue this 
procedure until October 29, 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.
---------------------------------------------------------------------------

    \9\ This exemption remains in effect through October 29, 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.
---------------------------------------------------------------------------

    States and the American Association of Motor Vehicle Administrators 
asked TSA to consider extending the exemption. 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 many 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.
    For these reasons, TSA is extending the exemption for 90 days.

    Dated: July 23, 2020.
Kelli Ann Burriesci,
Assistant Administrator, Enrollment Services and Vetting Programs, 
Transportation Security Administration.
[FR Doc. 2020-16359 Filed 7-30-20; 8:45 am]
BILLING CODE 9110-05-P