Notice To Extend Exemption From Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals, 68357-68358 [2020-23961]
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Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
and private sectors. The information
discussed will include specific
vulnerabilities that affect the United
States’ national defense/homeland
security posture and ICT risk mitigation
strategies. The premature disclosure of
this information to the public is likely
to frustrate implementation of proposed
Government action significantly.
Therefore, this portion of the meeting is
required to be closed pursuant to
section 10(d) of FACA and The
Government in the Sunshine Act (5
U.S.C. 552b(c)(9)(B)).
Sandra J. Benevides,
Designated Federal Officer, NSTAC,
Cybersecurity and Infrastructure Security
Agency, Department of Homeland Security.
[FR Doc. 2020–23835 Filed 10–27–20; 8:45 am]
BILLING CODE 9910–9P–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, DHS.
ACTION: Notice, extension of temporary
exemption.
AGENCY:
TSA is extending the
exemption from Renewal of the
Hazardous Materials Endorsement
Security Threat Assessment for Certain
Individuals that TSA published on July
31, 2020 which was scheduled to expire
on October 30, 2020, through December
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.
Federal partners, state licensing
agencies and related associations report
ongoing difficulties in timely renewal of
expiring HMEs and asked TSA to
consider extending the exemption until
the end of calendar year 2020. TSA has
determined it is in the public interest to
extend the exemption through
December 31, 2020, which aligns with
similar waivers issued by the U.S.
Department of Transportation. TSA may
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:29 Oct 27, 2020
Jkt 253001
extend this exemption at a future date
depending on the status of the COVID–
19 crisis.
This extension of the previously
issued exemption published on July 31,
2020 (85 FR 46152) becomes effective
on October 30, 2020, and remains in
effect through December 31, 2020,
unless otherwise modified by TSA
through a notice published in the
Federal Register.
DATES:
FOR FURTHER INFORMATION CONTACT:
Stephanie Hamilton, 571–227–2851 or
HME.question@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
A public health emergency exists in
this country as a consequence of the
COVID–19 pandemic.1 In response to
this pandemic, on April 2, 2020, TSA
issued an exemption from requirements
in 48 CFR part 1572 regarding
expiration of a TSA security threat
assessment (STA) for HMEs.2 TSA
subsequently extended the duration of
the exemption through October 29,
2020.3
The USA PATRIOT Act of 2001
requires individuals who transport
hazardous materials via commercial
motor vehicle to undergo a STA
conducted by TSA.4 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.5 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 1572.9,6
1 See HHS, Renewal of Determination that a
Public Health Emergency Exists (Oct. 2, 2020),
available at https://www.phe.gov/emergency/news/
healthactions/phe/Pages/covid19-2Oct2020.aspx.
See also Proclamation 9994, Declaring a National
Emergency Concerning the Novel Coronavirus
Disease (COVID–19) Outbreak (March 13, 2020).
Published at 85 FR 15337 (Mar. 18, 2020).
2 See 85 FR 19767 (April 8, 2020).
3 See 85 FR 46152 (July 31, 2020).
4 Public Law 107–56 (Oct. 26, 2001; 115 Stat.
396), § 1012(a)(1), codified as amended at 49 U.S.C.
5103a.
5 49 CFR 1572.13(b).
6 49 CFR 1572.15.
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
68357
at least 60 days before the expiration of
the HME.7
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 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.8
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.9 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.10 On July 31, 2020, TSA extended
that exemption by 90 days through
October 29, 2020.11 TSA has determined
that it is in the public interest to extend
the exemption through December 31,
2020.
The 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
7 49
CFR 1572.13(b).
CFR 1572.13(a).
9 49 U.S.C. 114(q). The Administrator of TSA
delegated this authority to the Executive Assistant
Administrator for Operations Support, effective
March 26, 2020, during the period of the National
Emergency cited supra, n. 1.
10 See Exemption from Renewal of the Hazardous
Materials Endorsement Security Threat Assessment
for Certain Individuals, 85 FR 19767 (Apr. 8, 2020).
11 See Notice to Extend Exemption from Renewal
of the Hazardous Materials Endorsement Security
Threat Assessment for Certain Individuals, 85 FR
46152 (July 31, 2020).
8 49
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28OCN1
68358
Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
individuals to conduct recurrent vetting
against terrorism watch lists and
databases to ensure that they continue
to meet TSA requirements for having an
HME.
The 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.12
With the extension TSA announces in
this notice, states may continue this
procedure through December 31, 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.
Federal partners, States, the American
Trucking Associations and the
American Association of Motor Vehicle
Administrators asked TSA to consider
extending the exemption to align with
the U.S. Department of Transportation
Federal Motor Carrier Safety
Administration’s exemptions and
waivers for drivers and States impacted
by the COVID–19 crisis.13 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 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 through December 31,
2020.
12 This exemption remains in effect through
December 31, 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.
13 See FMCSA, Waiver in Response to the
COVID–19 National Emergency—For States, CDL
Holders, CLP Holders, and Interstate Drivers
Operating Commercial Motor Vehicles (Sept. 18,
2020), available at https://www.fmcsa.dot.gov/
emergency/waiver-response-covid-19-nationalemergency-states-cdl-holders-clp-holders-and-0.
VerDate Sep<11>2014
18:29 Oct 27, 2020
Jkt 253001
Dated: October 23, 2020.
Stacey Fitzmaurice,
Executive Assistant Administrator,
Operations Support.
[FR Doc. 2020–23961 Filed 10–26–20; 4:15 pm]
BILLING CODE 9110–05–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–43]
30-Day Notice of Proposed Information
Collection: Housing Finance Agency
Risk-Sharing Program; OMB Control
No.: 2502–0500
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: November
27, 2020.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
Start Printed Page 15501PRAMain. Find
this particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street,
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
This is not a toll-free number. Copies of
available documents submitted to OMB
may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the information collection
described in Section A. The Federal
Register notice that solicited public
comment on the information collection
for a period of 60 days was published
on June 4, 2020 at 85 FR 34459.
SUMMARY:
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Frm 00074
Fmt 4703
Sfmt 4703
A. Overview of Information Collection
Title of Information Collection:
Housing Finance Agency Risk-Sharing
Program.
OMB Approval Number: 2502–0500.
OMB Expiration Date: 4/30/2020.
Type of Request: Revision of a
currently approved collection.
Form Numbers HUD–94192, HUD–
94193, HUD–94194, HUD–94195, HUD–
94196.
Description of the need for the
information and proposed use: Section
542 of the Housing and Community
Development Act of 1992 directs the
Secretary to implement risk sharing
with State and local housing finance
agencies (HFAs). Under this program,
HUD provides full mortgage insurance
on multifamily housing projects whose
loans are underwritten, processed, and
serviced by HFAs. The HFAs will
reimburse HUD a certain percentage of
any loss under an insured loan
depending upon the level of risk the
HFA contracts to assume.
Respondents (i.e. affected public):
Business and other for profit.
Estimated Number of Respondents:
6530.
Estimated Number of Responses:
22,374.
Frequency of Response: Annually,
semi-annually, and on-occasion.
Average Hours per Response: 1 hour
to 40 hours.
Total Estimated Burden: 43,023.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) Ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
E:\FR\FM\28OCN1.SGM
28OCN1
]]>Agencies
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68357-68358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23961]
-----------------------------------------------------------------------
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, DHS.
ACTION: Notice, extension of temporary exemption.
-----------------------------------------------------------------------
SUMMARY: TSA is extending the exemption from Renewal of the Hazardous
Materials Endorsement Security Threat Assessment for Certain
Individuals that TSA published on July 31, 2020 which was scheduled to
expire on October 30, 2020, through December 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. Federal partners, state
licensing agencies and related associations report ongoing difficulties
in timely renewal of expiring HMEs and asked TSA to consider extending
the exemption until the end of calendar year 2020. TSA has determined
it is in the public interest to extend the exemption through December
31, 2020, which aligns with similar waivers issued by the U.S.
Department of Transportation. 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
July 31, 2020 (85 FR 46152) becomes effective on October 30, 2020, and
remains in effect through December 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
A public health emergency exists in this country as a consequence
of the COVID-19 pandemic.\1\ In response to this pandemic, on April 2,
2020, TSA issued an exemption from requirements in 48 CFR part 1572
regarding expiration of a TSA security threat assessment (STA) for
HMEs.\2\ TSA subsequently extended the duration of the exemption
through October 29, 2020.\3\
---------------------------------------------------------------------------
\1\ See HHS, Renewal of Determination that a Public Health
Emergency Exists (Oct. 2, 2020), available at https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19-2Oct2020.aspx. See
also Proclamation 9994, Declaring a National Emergency Concerning
the Novel Coronavirus Disease (COVID-19) Outbreak (March 13, 2020).
Published at 85 FR 15337 (Mar. 18, 2020).
\2\ See 85 FR 19767 (April 8, 2020).
\3\ See 85 FR 46152 (July 31, 2020).
---------------------------------------------------------------------------
The USA PATRIOT Act of 2001 requires individuals who transport
hazardous materials via commercial motor vehicle to undergo a STA
conducted by TSA.\4\ 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.
---------------------------------------------------------------------------
\4\ 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.\5\ 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,\6\ at least 60 days before the expiration of
the HME.\7\
---------------------------------------------------------------------------
\5\ 49 CFR 1572.13(b).
\6\ 49 CFR 1572.15.
\7\ 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 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.\8\
---------------------------------------------------------------------------
\8\ 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.\9\ 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.\10\ On July 31, 2020, TSA extended that
exemption by 90 days through October 29, 2020.\11\ TSA has determined
that it is in the public interest to extend the exemption through
December 31, 2020.
---------------------------------------------------------------------------
\9\ 49 U.S.C. 114(q). The Administrator of TSA delegated this
authority to the Executive Assistant Administrator for Operations
Support, effective March 26, 2020, during the period of the National
Emergency cited supra, n. 1.
\10\ See Exemption from Renewal of the Hazardous Materials
Endorsement Security Threat Assessment for Certain Individuals, 85
FR 19767 (Apr. 8, 2020).
\11\ See Notice to Extend Exemption from Renewal of the
Hazardous Materials Endorsement Security Threat Assessment for
Certain Individuals, 85 FR 46152 (July 31, 2020).
---------------------------------------------------------------------------
The 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
[[Page 68358]]
individuals to conduct recurrent vetting against terrorism watch lists
and databases to ensure that they continue to meet TSA requirements for
having an HME.
The 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.\12\ With the extension TSA announces in
this notice, states may continue this procedure through December 31,
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.
---------------------------------------------------------------------------
\12\ This exemption remains in effect through December 31, 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.
---------------------------------------------------------------------------
Federal partners, States, the American Trucking Associations and
the American Association of Motor Vehicle Administrators asked TSA to
consider extending the exemption to align with the U.S. Department of
Transportation Federal Motor Carrier Safety Administration's exemptions
and waivers for drivers and States impacted by the COVID-19 crisis.\13\
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
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.
---------------------------------------------------------------------------
\13\ See FMCSA, Waiver in Response to the COVID-19 National
Emergency--For States, CDL Holders, CLP Holders, and Interstate
Drivers Operating Commercial Motor Vehicles (Sept. 18, 2020),
available at https://www.fmcsa.dot.gov/emergency/waiver-response-covid-19-national-emergency-states-cdl-holders-clp-holders-and-0.
---------------------------------------------------------------------------
For these reasons, TSA is extending the exemption through December
31, 2020.
Dated: October 23, 2020.
Stacey Fitzmaurice,
Executive Assistant Administrator, Operations Support.
[FR Doc. 2020-23961 Filed 10-26-20; 4:15 pm]
BILLING CODE 9110-05-P
