Hazardous Materials Endorsement (HME) Threat Assessment Program and Transportation Worker Identification Credential (TWIC®) Program Fees, 66721-66723 [2022-24101]
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
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the foundations of freedom in our own
nation and abroad.
DHS has expanded transparency in
concert with the development of Open
Government Plans, recognizing that
increased access to research data and
information can encourage research
collaboration and help successfully
address the nation’s constantly evolving
homeland security challenges.
The HSAC subcommittee is asked to
provide recommendations on:
1. How the Department and its
components can expand on the
foundation set by previous Open
Government Plans for DHS.
2. New initiatives to increase
transparency and sustaining the DHS
mission to protect the homeland.
3. How DHS can be held accountable
in meeting its commitment to be a
leader in modeling government
openness and transparency.
Tasking (4): Homeland Security
Technology and Innovation Network
DHS employs more than 240,000
individuals working in multiple offices
and components across the country and
the world. While the mission is uniform
across the Department—to protect the
homeland from foreign and domestic
threats—the tools necessary to
accomplish this can vary widely by
office and can change in time.
Moreover, while some threats are
known and have been core to the DHS
mission since its inception, we must
remain ever vigilant and responsive to
countering both unknown and future
threats. In this scenario we may face
accelerated timelines that do not fit into
our normal acquisition life cycle to
acquire key technology to counter a
threat. It is critical to our nation’s
security to have a robust and efficient
Homeland Security Technology and
Innovation Network that promotes an
enhanced schedule of development and
deployment of critical technology and
assets to protect the homeland.
To maximize the opportunity afforded
by partnership with the private sector
and the expertise within the
Department, the HSAC subcommittee is
asked to assess the private sector
experience, specifically in the areas of
technology development and
innovation, and provide
recommendations on how the
Department can create a more robust
and efficient Homeland Security
Technology and Innovation Network.
The subcommittee’s assessment will
include, but need not be limited to, the
following:
a. an assessment of how the private
sector engages with the current Research
and Development (R&D) and acquisition
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programs and opportunities, including
where those can be maximized or
improved;
b. different means of increasing
innovative technology partnerships with
the private sector;
c. recommendations on harmonizing
existing innovation efforts across the
Department and its components to best
leverage funding and resources; and
d. identifying current barriers to
developing a more robust technology
and innovation network, including
legal, contracting, and policy
considerations.
Schedule: The four subcommittees’
findings and recommendations will be
submitted to the HSAC for its
deliberation and vote during a public
meeting. Once the recommendations
from the four subcommittees are voted
on by the HSAC, they will be submitted
to the Secretary. The four
subcommittees will submit their
findings and recommendations to the
HSAC in March 2023.
Dated: October 26, 2022.
Rebecca K.K. Sternhell,
Executive Director, Homeland Security
Advisory Council, Department of Homeland
Security.
[FR Doc. 2022–24042 Filed 11–3–22; 8:45 am]
BILLING CODE 9112–FN–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2004–19605]
Hazardous Materials Endorsement
(HME) Threat Assessment Program
and Transportation Worker
Identification Credential (TWIC®)
Program Fees
Transportation Security
Administration, DHS.
ACTION: Notice.
AGENCY:
The Transportation Security
Administration (TSA) administers the
Hazardous Materials Endorsement
(HME) and Transportation Worker
Identification Credential (TWIC®)
vetting programs. TSA conducts
security threat assessments (STAs) of
applicants to these programs, and in
accordance with statutory requirements,
collects fees from the applicants to
recover TSA’s costs to conduct the
vetting and credentialing. In this Notice,
TSA announces changes to the existing
fee structure and fees for the HME and
TWIC Programs to include initial inperson applications, in-person renewals,
comparable STAs, and new online
renewal fees. These updates will allow
SUMMARY:
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66721
TSA to continue to improve the HME
and TWIC enrollment experience,
mitigate potential security risks, and
ensure that the programs remain fully
funded. TSA maintains a current listing
of the overall fees for all HME
enrollment options at https://
www.tsa.gov/for-industry/hazmatendorsement and for all TWIC
enrollment options at https://
www.tsa.gov/for-industry/twic.
DATES: The fee changes in this notice are
effective November 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Stephanie Hamilton, Transportation
Security Administration, 6595
Springfield Center Drive, Springfield,
VA 20598–6047; 571–227–2851; or
email at TWIC.Issue@tsa.dhs.gov and
HME.Question@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION: You can
find an electronic copy of rulemaking
documents relevant to this action by
searching the electronic FDMS web page
at https://www.regulations.gov or at
https://www.federalregister.gov. In
addition, copies are available by writing
or calling the individual in the FOR
FURTHER INFORMATION CONTACT section.
Abbreviations and Terms Used in This
Document
CDL—Commercial Driver’s License
CHRC—Criminal History Records Check
FBI—Federal Bureau of Investigation
FAST—Free and Secure Trade
HME—Hazardous Materials Endorsement
MTSA—Maritime Transportation Security
Act
STA—Security Threat Assessment
TWIC—Transportation Worker Identification
Credential
UES—Universal Enrollment Services
USCG—U.S. Coast Guard
I. TWIC Program
A. Background
The Maritime Transportation Security
Act (MTSA) of 2002 requires the
Secretary of the Department of
Homeland Security to issue a biometric
transportation security card to an
individual requiring unescorted access
to MTSA-regulated entities after
determining that the individual does not
pose a security risk.1 The TWIC Program
is administered jointly by TSA and the
U.S. Coast Guard (USCG). TSA conducts
the STA and issues the credential, and
USCG enforces the use of the TWIC at
MTSA-regulated facilities and vessels.2
Under TSA’s regulations in 49 CFR
part 1572, applicants for TWIC pay a fee
to cover (1) the costs of performing and
1 See Maritime Transportation Security Act of
2002, Public Law 107–295, 116 Stat. 2064
(November 25, 2002).
2 See 46 U.S.C. 70105.
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adjudicating STAs, appeals, and
waivers; (2) the costs of enrolling and
transmitting biometric (fingerprints) and
biographic applicant information; and
(3) the Federal Bureau of Investigation
(FBI) fee to process a criminal history
records check (CHRC). The STA and
physical TWIC card expire five years
after the STA is approved by TSA,
provided the individual continues to
meet the eligibility standards.
Individuals who require unescorted
access to secure areas of MTSAregulated entities must re-apply and
undergo a new STA when their STA
expires to maintain TWIC eligibility.3
In August 2022, TSA implemented a
new online renewal capability for
certain TWIC applicants who maintain
or previously maintained an active
TWIC STA.4 Approximately 54 percent
of active TWIC cardholders enroll for a
new TWIC after their STA expires five
years from the date of issuance. Online
TWIC renewals will reduce the
applicant’s cost and time burdens by
permitting eligible applicants to obtain
a new TWIC without enrolling in-person
at a TSA enrollment center.
Additionally, TSA mitigates certain
security risks associated with online
renewals by enrolling current TWIC
cardholders in recurrent vetting
services, such as the FBI’s Rap Back
Services.
The current application and renewal
fee for the TWIC Program is $125.25.
The current reduced application fee for
applicants who possess a comparable
STA, such as an HME, is $105.25. The
current replacement card fee for lost,
stolen, or damaged TWICs is $60.00.
B. TWIC Fee Changes
TSA is revising the existing fee
structure and fees for the TWIC
program. Fees are impacted by several
factors such as changes in contractual
services. TSA uses contract services for
enrollment services, vetting and
adjudication support, credentialing
services, information technology
development, technology operations
and maintenance, and customer service
support. When the pertinent contracts
for services are amended or
renegotiated, the fees may be affected.
Also, cost variations, such as changes in
the number of applicants and FBI fee
impact the STA fees. TSA reviews
vetting fees once every two years.5 Upon
review, if TSA finds that the fees
collected exceed the total cost to
provide the services, or do not cover the
total cost for services, TSA must adjust
the fee.
In August 2022, TSA implemented a
new online renewal process for certain
TWIC applicants. This new capability
permits eligible applicants to renew
their TWIC without visiting a TSA
enrollment center. With the
implementation of this capability, TSA
is updating the TWIC fee structure to
include two renewal types: (1) in-person
renewal at the enrollment center; and
(2) online renewal using a desktop or
mobile device to complete the
enrollment transaction. Most
individuals with an active TWIC will be
able to renew online. Some individuals
may need to visit an enrollment center
for renewal for TSA to verify
immigration status or update certain
biometric or biographic information.
Also, individuals eligible for online
renewal may choose to visit a center inperson for renewal based on individual
needs.
The implementation of TWIC online
renewals will result in a fee change for
eligible applicants who renew within 12
months of their current STA expiration
date. Operational efficiencies with the
renewal process, such as limited or no
in-person interaction with enrollment
agents, will reduce the enrollment and
vetting transaction costs for applicants
and TSA. Also, TSA will use the
applicant’s biometric (fingerprint and
photograph) information provided
during the applicant’s initial enrollment
for renewals. With this notice, TSA is
announcing that the new fee for an
online renewal is $117.25. The fee for
TWIC in-person enrollments and for inperson renewals at a Universal
Enrollment Service (UES) enrollment
center will remain the same at $125.25.
TSA also analyzed the costs
associated with the use of a comparable
STA 6. TSA is announcing that the
revised fee for an eligible reduced-fee
enrollment is decreasing from $105.25
to $93.00. The TSA fee for a
replacement card remains the same at
$60.00. Future changes to TWIC services
and fees will be published as a Notice
in the Federal Register and on the TSA
website at https://www.tsa.gov/forindustry/twic.
II. HME Program
3 See
49 CFR part 1572 for STA standards and
TWIC expiration.
4 See 30-Day notice, 86 FR 11323 (February 24,
2021), for OMB Control Number 1652–0047 and
related Supporting Statement.
5 See 31 U.S.C. 3512 (the Chief Financial Officers
Act of 1990 (Pub. L. 101–576, 104 Stat. 2838, Nov.
15, 1990)).
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A. Background
TSA conducts an STA for any driver
seeking to obtain, renew, or transfer an
HME on a State issued commercial
6 Comparable
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STAs include HME and FAST
Fmt 4703
Sfmt 4703
driver’s license (CDL) for the TSA HME
Program. Under 49 U.S.C. 5103a, a State
is prohibited from issuing or renewing
a CDL unless TSA has first determined
that the driver does not pose a security
threat warranting denial of the HME.
Currently, the HME program regulations
in 49 CFR part 1572 permit States to
collect and transmit the fingerprints and
applicant information of drivers who
apply to renew or obtain an HME; or to
have a TSA agent collect and transmit
the fingerprints and applicant
information of such drivers.7
Applicants for an HME pay a fee to
cover (1) the costs of performing and
adjudicating STAs, appeals, and
waivers; (2) the costs of enrolling and
transmitting fingerprints and applicant
information; and (3) the FBI fee charged
to process a CHRC.8 States that choose
to collect applicant information and
submit it to TSA may charge applicants
a State fee for that service, and TSA has
no authority to establish, determine, or
limit the amount of that fee. The HME
STA expires five years after the STA is
approved by TSA, provided the
individual continues to meet the
eligibility standards. Individuals who
require an HME must re-apply and
undergo a new STA when their STA
expires to maintain eligibility for the
HME.
B. HME Fee Changes
The fees will remain the same for new
HME enrollments and renewals.
However, TSA is revising the fees that
apply when using a comparable STA to
obtain an HME. Fees are impacted by
several factors, including changes in
contractual services. Similar to the
TWIC Program, TSA uses contract
services for enrollment, vetting,
adjudication support, information
technology development, technology
operations and maintenance, and
customer service. When the pertinent
contracts for services are amended or
renegotiated, the fees may be affected.
Also, cost variations, such as changes in
the number of applicants, and FBI fee
impacts the STA fees.
TSA reviews vetting fees once every
two years.9 Upon review, if TSA finds
that the fees collected exceed the total
cost to provide the services or do not
cover the total costs for services, TSA
must adjust the fee. TSA analyzed the
costs associated with the use of a
comparable STA for an HME, and found
that the fees for these enrollments could
7 See
49 CFR 1572.13.
70 FR 2542 (Jan. 13, 2005).
9 See 31 U.S.C. 3512 (the Chief Financial Officers
Act of 1990 (Pub. L. 101–576, 104 Stat. 2838, Nov.
15, 1990)).
8 See
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
be lowered from $67.00 to $41.00. The
fee for a new and renewal HME
enrollment at a UES enrollment center
will remain the same at $86.50.
Future changes to HME services and
fees will be published as Notice in the
Federal Register and on the TSA
website at https://www.tsa.gov/forindustry/hazmat-endorsement.
III. Authority To Collect and
Methodology To Calculate Fee Changes
Congress directed TSA to collect user
fees to cover the costs of its
transportation vetting and credentialing
programs.10 TSA must collect fees to
pay for conducting all portions of an
STA; reviewing and adjudicating
requests for correction of records,
appeals, and waivers; information
technology costs; personnel costs; and
any other costs related to conducting the
STA, providing a credential, or
providing states the driver’s eligibility
determination.
The statute requires that any fee
collected must be available only to pay
for the costs incurred in providing
services in connection with performing
the STA. The funds generated by the fee
do not have a limited period of time in
which they must be used; as fee revenue
and service costs do not always match
perfectly for a given period, a program
may need to carry over funding from
one fiscal year to the next to ensure that
sufficient funds are available to
continue normal program operations.
TSA complies with applicable
requirements, such as the Chief
Financial Officers Act of 1990 11 and
Office of Management and Budget
Circular A–25,12 and regularly reviews
the fees to ensure they recover, but do
not exceed the full cost of services.
TSA established the methodology for
calculating the vetting fees for the TWIC
and HME programs through notice and
comment rulemaking, and stated that
any fee changes using that same
methodology would be published in a
Notice.13 TSA uses that same
methodology to evaluate the current fees
and in establishing new fee amounts.
In 2013, TSA revised the TWIC and
HME regulations to remove references to
specific fee amounts and provide TSA
with flexibility to modify fees, as
necessary, to ensure that STA,
enrollment, and credentialing fees
reflect their associated costs and the
programs could continue to operate if
the costs exceeded regulatory caps.14 As
a result of this rulemaking, TSA may
change the fees as appropriate and
provide Notice in the Federal Register
to inform affected stakeholders of the
revised fees and the basis for the
changes.15
IV. Fee Announcements
The vetting fees for the TWIC and
HME programs are set forth below:
TABLE 1—COMPARISON OF CURRENT AND NEW TWIC AND HME FEES AND ENROLLMENT TYPE
TWIC Program Fees
HME Program Fees
Enrollment type
Current
New Enrollment ...............................................................................................
Renewal (In-Person) ........................................................................................
Renewal (Online) .............................................................................................
Comparable STA .............................................................................................
Replacement Card ...........................................................................................
In addition to a notice published in
the Federal Register, TSA will publish
these fees on the TSA website: https://
www.tsa.gov/for-industry/hazmatendorsement and https://www.tsa.gov/
for-industry/twic, as applicable.
Note that applicants may choose the
respective program’s enrollment option
that best meets their needs based on the
convenience of enrollment center
locations and their eligibility for inperson or online renewal options.
Drivers who require an HME in a state
that does not use TSA’s enrollment
agent are subject to fees established by
the state, not TSA.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: November 1, 2022.
Austin Gould,
Acting Executive Assistant Administrator,
Operations Support.
[FR Doc. 2022–24101 Filed 11–3–22; 8:45 am]
BILLING CODE 9110–05–P
10 See
6 U.S.C. 469(a).
31 U.S.C. 501 et seq.
12 See https://www.whitehouse.gov/omb/circulars_
a025.
11 See
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18:12 Nov 03, 2022
Jkt 259001
$125.25
125.25
N/A
105.25
60.00
New
Current
$125.25
125.25
117.25
93.00
60.00
DATES:
[Docket No. FR–7061–N–18]
ADDRESSES:
Offices of Housing, Public and
Indian Housing, and Community
Planning and Development, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
13 See 72 FR 55043 (September 28, 2007), 70 FR
2542 (Jan. 13, 2005).
14 See Final Rule, Provisions for Fees Related to
Hazardous Materials Endorsements and
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Sfmt 4703
$86.50
86.50
N/A
41.00
N/A
Comments Due Date: January 3,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
60-Day Notice of Proposed Information
Collection: Implementation of the
Violence Against Women
Reauthorization Act of 2013, OMB
Control No.: 2577–0286
$86.50
86.50
N/A
67.00
N/A
New
2023.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov. A copy of
the proposed forms is available from
Ms. Pollard. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech and communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Transportation Worker Identification Credentials,
78 FR 45353 (April 16, 2013).
15 See 49 CFR 1572.403(a) (State collection of
HME fees), 1572.405(a) (TSA collection of HME
fees), and 1572.501(g) (imposition of TWIC fees).
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]]>Agencies
[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66721-66723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24101]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2004-19605]
Hazardous Materials Endorsement (HME) Threat Assessment Program
and Transportation Worker Identification Credential (TWIC[supreg])
Program Fees
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Transportation Security Administration (TSA) administers
the Hazardous Materials Endorsement (HME) and Transportation Worker
Identification Credential (TWIC[supreg]) vetting programs. TSA conducts
security threat assessments (STAs) of applicants to these programs, and
in accordance with statutory requirements, collects fees from the
applicants to recover TSA's costs to conduct the vetting and
credentialing. In this Notice, TSA announces changes to the existing
fee structure and fees for the HME and TWIC Programs to include initial
in-person applications, in-person renewals, comparable STAs, and new
online renewal fees. These updates will allow TSA to continue to
improve the HME and TWIC enrollment experience, mitigate potential
security risks, and ensure that the programs remain fully funded. TSA
maintains a current listing of the overall fees for all HME enrollment
options at https://www.tsa.gov/for-industry/hazmat-endorsement and for
all TWIC enrollment options at https://www.tsa.gov/for-industry/twic.
DATES: The fee changes in this notice are effective November 3, 2022.
FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, Transportation
Security Administration, 6595 Springfield Center Drive, Springfield, VA
20598-6047; 571-227-2851; or email at [email protected] and
[email protected].
SUPPLEMENTARY INFORMATION: You can find an electronic copy of
rulemaking documents relevant to this action by searching the
electronic FDMS web page at https://www.regulations.gov or at https://www.federalregister.gov. In addition, copies are available by writing
or calling the individual in the FOR FURTHER INFORMATION CONTACT
section.
Abbreviations and Terms Used in This Document
CDL--Commercial Driver's License
CHRC--Criminal History Records Check
FBI--Federal Bureau of Investigation
FAST--Free and Secure Trade
HME--Hazardous Materials Endorsement
MTSA--Maritime Transportation Security Act
STA--Security Threat Assessment
TWIC--Transportation Worker Identification Credential
UES--Universal Enrollment Services
USCG--U.S. Coast Guard
I. TWIC Program
A. Background
The Maritime Transportation Security Act (MTSA) of 2002 requires
the Secretary of the Department of Homeland Security to issue a
biometric transportation security card to an individual requiring
unescorted access to MTSA-regulated entities after determining that the
individual does not pose a security risk.\1\ The TWIC Program is
administered jointly by TSA and the U.S. Coast Guard (USCG). TSA
conducts the STA and issues the credential, and USCG enforces the use
of the TWIC at MTSA-regulated facilities and vessels.\2\
---------------------------------------------------------------------------
\1\ See Maritime Transportation Security Act of 2002, Public Law
107-295, 116 Stat. 2064 (November 25, 2002).
\2\ See 46 U.S.C. 70105.
---------------------------------------------------------------------------
Under TSA's regulations in 49 CFR part 1572, applicants for TWIC
pay a fee to cover (1) the costs of performing and
[[Page 66722]]
adjudicating STAs, appeals, and waivers; (2) the costs of enrolling and
transmitting biometric (fingerprints) and biographic applicant
information; and (3) the Federal Bureau of Investigation (FBI) fee to
process a criminal history records check (CHRC). The STA and physical
TWIC card expire five years after the STA is approved by TSA, provided
the individual continues to meet the eligibility standards. Individuals
who require unescorted access to secure areas of MTSA-regulated
entities must re-apply and undergo a new STA when their STA expires to
maintain TWIC eligibility.\3\
---------------------------------------------------------------------------
\3\ See 49 CFR part 1572 for STA standards and TWIC expiration.
---------------------------------------------------------------------------
In August 2022, TSA implemented a new online renewal capability for
certain TWIC applicants who maintain or previously maintained an active
TWIC STA.\4\ Approximately 54 percent of active TWIC cardholders enroll
for a new TWIC after their STA expires five years from the date of
issuance. Online TWIC renewals will reduce the applicant's cost and
time burdens by permitting eligible applicants to obtain a new TWIC
without enrolling in-person at a TSA enrollment center. Additionally,
TSA mitigates certain security risks associated with online renewals by
enrolling current TWIC cardholders in recurrent vetting services, such
as the FBI's Rap Back Services.
---------------------------------------------------------------------------
\4\ See 30-Day notice, 86 FR 11323 (February 24, 2021), for OMB
Control Number 1652-0047 and related Supporting Statement.
---------------------------------------------------------------------------
The current application and renewal fee for the TWIC Program is
$125.25. The current reduced application fee for applicants who possess
a comparable STA, such as an HME, is $105.25. The current replacement
card fee for lost, stolen, or damaged TWICs is $60.00.
B. TWIC Fee Changes
TSA is revising the existing fee structure and fees for the TWIC
program. Fees are impacted by several factors such as changes in
contractual services. TSA uses contract services for enrollment
services, vetting and adjudication support, credentialing services,
information technology development, technology operations and
maintenance, and customer service support. When the pertinent contracts
for services are amended or renegotiated, the fees may be affected.
Also, cost variations, such as changes in the number of applicants and
FBI fee impact the STA fees. TSA reviews vetting fees once every two
years.\5\ Upon review, if TSA finds that the fees collected exceed the
total cost to provide the services, or do not cover the total cost for
services, TSA must adjust the fee.
---------------------------------------------------------------------------
\5\ See 31 U.S.C. 3512 (the Chief Financial Officers Act of 1990
(Pub. L. 101-576, 104 Stat. 2838, Nov. 15, 1990)).
---------------------------------------------------------------------------
In August 2022, TSA implemented a new online renewal process for
certain TWIC applicants. This new capability permits eligible
applicants to renew their TWIC without visiting a TSA enrollment
center. With the implementation of this capability, TSA is updating the
TWIC fee structure to include two renewal types: (1) in-person renewal
at the enrollment center; and (2) online renewal using a desktop or
mobile device to complete the enrollment transaction. Most individuals
with an active TWIC will be able to renew online. Some individuals may
need to visit an enrollment center for renewal for TSA to verify
immigration status or update certain biometric or biographic
information. Also, individuals eligible for online renewal may choose
to visit a center in-person for renewal based on individual needs.
The implementation of TWIC online renewals will result in a fee
change for eligible applicants who renew within 12 months of their
current STA expiration date. Operational efficiencies with the renewal
process, such as limited or no in-person interaction with enrollment
agents, will reduce the enrollment and vetting transaction costs for
applicants and TSA. Also, TSA will use the applicant's biometric
(fingerprint and photograph) information provided during the
applicant's initial enrollment for renewals. With this notice, TSA is
announcing that the new fee for an online renewal is $117.25. The fee
for TWIC in-person enrollments and for in-person renewals at a
Universal Enrollment Service (UES) enrollment center will remain the
same at $125.25.
TSA also analyzed the costs associated with the use of a comparable
STA \6\. TSA is announcing that the revised fee for an eligible
reduced-fee enrollment is decreasing from $105.25 to $93.00. The TSA
fee for a replacement card remains the same at $60.00. Future changes
to TWIC services and fees will be published as a Notice in the Federal
Register and on the TSA website at https://www.tsa.gov/for-industry/twic.
---------------------------------------------------------------------------
\6\ Comparable STAs include HME and FAST
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II. HME Program
A. Background
TSA conducts an STA for any driver seeking to obtain, renew, or
transfer an HME on a State issued commercial driver's license (CDL) for
the TSA HME Program. Under 49 U.S.C. 5103a, a State is prohibited from
issuing or renewing a CDL unless TSA has first determined that the
driver does not pose a security threat warranting denial of the HME.
Currently, the HME program regulations in 49 CFR part 1572 permit
States to collect and transmit the fingerprints and applicant
information of drivers who apply to renew or obtain an HME; or to have
a TSA agent collect and transmit the fingerprints and applicant
information of such drivers.\7\
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\7\ See 49 CFR 1572.13.
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Applicants for an HME pay a fee to cover (1) the costs of
performing and adjudicating STAs, appeals, and waivers; (2) the costs
of enrolling and transmitting fingerprints and applicant information;
and (3) the FBI fee charged to process a CHRC.\8\ States that choose to
collect applicant information and submit it to TSA may charge
applicants a State fee for that service, and TSA has no authority to
establish, determine, or limit the amount of that fee. The HME STA
expires five years after the STA is approved by TSA, provided the
individual continues to meet the eligibility standards. Individuals who
require an HME must re-apply and undergo a new STA when their STA
expires to maintain eligibility for the HME.
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\8\ See 70 FR 2542 (Jan. 13, 2005).
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B. HME Fee Changes
The fees will remain the same for new HME enrollments and renewals.
However, TSA is revising the fees that apply when using a comparable
STA to obtain an HME. Fees are impacted by several factors, including
changes in contractual services. Similar to the TWIC Program, TSA uses
contract services for enrollment, vetting, adjudication support,
information technology development, technology operations and
maintenance, and customer service. When the pertinent contracts for
services are amended or renegotiated, the fees may be affected. Also,
cost variations, such as changes in the number of applicants, and FBI
fee impacts the STA fees.
TSA reviews vetting fees once every two years.\9\ Upon review, if
TSA finds that the fees collected exceed the total cost to provide the
services or do not cover the total costs for services, TSA must adjust
the fee. TSA analyzed the costs associated with the use of a comparable
STA for an HME, and found that the fees for these enrollments could
[[Page 66723]]
be lowered from $67.00 to $41.00. The fee for a new and renewal HME
enrollment at a UES enrollment center will remain the same at $86.50.
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\9\ See 31 U.S.C. 3512 (the Chief Financial Officers Act of 1990
(Pub. L. 101-576, 104 Stat. 2838, Nov. 15, 1990)).
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Future changes to HME services and fees will be published as Notice
in the Federal Register and on the TSA website at https://www.tsa.gov/for-industry/hazmat-endorsement.
III. Authority To Collect and Methodology To Calculate Fee Changes
Congress directed TSA to collect user fees to cover the costs of
its transportation vetting and credentialing programs.\10\ TSA must
collect fees to pay for conducting all portions of an STA; reviewing
and adjudicating requests for correction of records, appeals, and
waivers; information technology costs; personnel costs; and any other
costs related to conducting the STA, providing a credential, or
providing states the driver's eligibility determination.
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\10\ See 6 U.S.C. 469(a).
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The statute requires that any fee collected must be available only
to pay for the costs incurred in providing services in connection with
performing the STA. The funds generated by the fee do not have a
limited period of time in which they must be used; as fee revenue and
service costs do not always match perfectly for a given period, a
program may need to carry over funding from one fiscal year to the next
to ensure that sufficient funds are available to continue normal
program operations. TSA complies with applicable requirements, such as
the Chief Financial Officers Act of 1990 \11\ and Office of Management
and Budget Circular A-25,\12\ and regularly reviews the fees to ensure
they recover, but do not exceed the full cost of services.
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\11\ See 31 U.S.C. 501 et seq.
\12\ See https://www.whitehouse.gov/omb/circulars_a025.
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TSA established the methodology for calculating the vetting fees
for the TWIC and HME programs through notice and comment rulemaking,
and stated that any fee changes using that same methodology would be
published in a Notice.\13\ TSA uses that same methodology to evaluate
the current fees and in establishing new fee amounts.
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\13\ See 72 FR 55043 (September 28, 2007), 70 FR 2542 (Jan. 13,
2005).
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In 2013, TSA revised the TWIC and HME regulations to remove
references to specific fee amounts and provide TSA with flexibility to
modify fees, as necessary, to ensure that STA, enrollment, and
credentialing fees reflect their associated costs and the programs
could continue to operate if the costs exceeded regulatory caps.\14\ As
a result of this rulemaking, TSA may change the fees as appropriate and
provide Notice in the Federal Register to inform affected stakeholders
of the revised fees and the basis for the changes.\15\
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\14\ See Final Rule, Provisions for Fees Related to Hazardous
Materials Endorsements and Transportation Worker Identification
Credentials, 78 FR 45353 (April 16, 2013).
\15\ See 49 CFR 1572.403(a) (State collection of HME fees),
1572.405(a) (TSA collection of HME fees), and 1572.501(g)
(imposition of TWIC fees).
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IV. Fee Announcements
The vetting fees for the TWIC and HME programs are set forth below:
Table 1--Comparison of Current and New TWIC and HME Fees and Enrollment Type
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TWIC Program Fees HME Program Fees
Enrollment type ---------------------------------------------------------------
Current New Current New
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New Enrollment.................................. $125.25 $125.25 $86.50 $86.50
Renewal (In-Person)............................. 125.25 125.25 86.50 86.50
Renewal (Online)................................ N/A 117.25 N/A N/A
Comparable STA.................................. 105.25 93.00 67.00 41.00
Replacement Card................................ 60.00 60.00 N/A N/A
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In addition to a notice published in the Federal Register, TSA will
publish these fees on the TSA website: https://www.tsa.gov/for-industry/hazmat-endorsement and https://www.tsa.gov/for-industry/twic,
as applicable.
Note that applicants may choose the respective program's enrollment
option that best meets their needs based on the convenience of
enrollment center locations and their eligibility for in-person or
online renewal options. Drivers who require an HME in a state that does
not use TSA's enrollment agent are subject to fees established by the
state, not TSA.
Dated: November 1, 2022.
Austin Gould,
Acting Executive Assistant Administrator, Operations Support.
[FR Doc. 2022-24101 Filed 11-3-22; 8:45 am]
BILLING CODE 9110-05-P
