Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 281A.120, 281A.130, 281A.150, 281A.160,
281A.170, 49 U.S.C. 5103a, 49 C.F.R. Parts 383, 1515, 1572
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.040 authorizes
any state agency vested with a specific responsibility to have the necessary
power and authority to promulgate administrative regulations to reasonably
carry out the provisions of KRS Chapter 281A. 49 C.F.R. Part 1572 requires
fingerprint verified criminal background checks on all persons obtaining or
renewing a hazardous materials endorsement for a commercial driver's license.
This administrative regulation establishes the necessary procedures for
conducting fingerprint verified criminal background checks and establishing the
location of the fingerprinting centers where the Kentucky State Police shall
take fingerprints and transmit them to the federal government.
Section 1. Definitions.
(1) "CDL" or "Commercial Driver's License" is
defined by KRS 281A.010(5) and 49 C.F.R. 383.5.
(2) "CDL testing location" means the
department's regional CDL testing offices.
(3) "Determination of No Security Threat" is
defined by 49 C.F.R. 1572.15(d)(1).
(4) "DOT" means the federal Department of
Transportation.
(5) "Final
Determination of Threat Assessment" is defined by 49 C.F.R. 1572.15(d)(4).
(6) "HME" means
hazardous materials endorsement.
(7) "Initial Determination of Threat
Assessment" is defined by 49 C.F.R. 1572.15(d)(2).
(8) "KSP" means the Kentucky State
Police.
(9) "Proper identification"
means:
(a) A driver's license issued by the
applicant's state where they will obtain or have obtained a commercial driver's
license; or
(b) With respect to
non-United States citizens applying for a hazardous materials endorsement for a
commercial driver's license, proper identification means valid and unrestricted
documentation establishing lawful nonimmigrant alien, asylee, or refugee
status.
(10) "TSA" means
the federal Transportation Security Administration.
Section 2. Initial Applications for HME.
(1) An applicant applying for a hazardous
materials endorsement shall first obtain a commercial driver's instruction
permit or CDL prior to requesting a security threat assessment from the TSA.
The applicant shall submit application information in accordance with 49 C.F.R. 1572.9. The applicant shall further submit to a fingerprint verified criminal
background check conducted by KSP.
(2) To begin the process, an applicant shall
contact KSP at the following phone number to make an appointment:
1-888-655-9655.
(3) An applicant
shall bring proper identification, and a completed "Transportation Security
Administration Application for a Hazardous Materials Endorsement," OMB No.
1652.
(4) An applicant shall pay a
$115 fee for a fingerprint-based background check. The fee may be paid by:
(a) Certified check;
(b) Cashier's check;
(c) Money order; or
(5) An applicant shall be
fingerprinted by KSP at a regional CDL testing location. KSP shall send the
fingerprints to the Federal Bureau of Investigation for a fingerprint-verified
criminal background check and send the biographical information sheet to the
TSA.
(6) If TSA informs the
Commonwealth of a finding of Determination of No Security Threat, then the
applicant shall be notified by the Transportation Cabinet that he or she is
eligible to take the knowledge test required to qualify for the HME.
(7) If TSA informs the Commonwealth of a
finding of Initial Determination of Threat Assessment, the applicant shall not
be issued a HME. The applicant may appeal the TSA's determination in accordance
with 49 C.F.R. 1515.5 or 1515.9. Following appeal, if the applicant receives a
Final Determination of Security Threat Assessment, the applicant may seek a
waiver from TSA in accordance with 49 C.F.R. 1515.7.
(8) Within fifteen (15) days after the TSA
has notified the Commonwealth of a Determination of No Security Threat or of a
finding of Final Determination of Security Threat Assessment, the
Transportation Cabinet shall update the applicant's permanent record to reflect
the results of the security threat assessment, the issuance or denial of an
HME, and the new expiration date of the HME.
Section 3. Renewal Applications For HME.
(1) The Transportation Cabinet shall send
persons holding a HME notice of renewal at least sixty (60) days prior to
expiration.
(2) Persons wishing to
renew their HME shall begin the renewal process at least thirty (30) days prior
to expiration.
(3) To begin the
renewal process, a renewal applicant shall contact KSP at the following phone
number to make an appointment: 1-888-655-9655. A renewal applicant shall submit
to fingerprinting and further complete the "Transportation Security
Administration Application for a Hazardous Materials Endorsement," OMB No.
1652-0027, containing all information necessary for the TSA to complete the
required assessment as described in 49 C.F.R. 1572.9 no later than thirty (30)
days prior to the expiration of the HME endorsement.
(4) A renewal applicant shall bring to the
appointment proper identification, a completed "Transportation Security
Administration Application for a Hazardous Materials Endorsement," OMB No.
1652-0027.
(5) A renewal applicant
shall pay a $115 fee for a fingerprint-based background check. The fee may be
paid by:
(a) Certified check;
(b) Cashier's check;
(c) Money order; or
(6) A renewal applicant shall be
fingerprinted by KSPat a regional CDL testing location. KSP shall send the
fingerprints to the Federal Bureau of Investigation for a fingerprint verified
criminal background check and send the biographical information sheet to the
TSA.
(7) If the Commonwealth has
not received notification from TSA of the results of the security threat
assessment prior to the expiration of the renewal applicant's HME, the
Transportation Cabinet may extend the expiration date of the HME for a period
up to ninety (90) days. Any additional extension shall be approved by
TSA.
(8) If TSA informs the
Commonwealth of a finding of Determination of No Security Threat, then the
renewal applicant shall be notified by the Transportation Cabinet that he or
she is eligible to take the knowledge test required to qualify for the
HME.
(9) If TSA informs the
Commonwealth of a finding of Initial Determination of Threat Assessment, the
renewal applicant shall not be issued a HME. The renewal applicant may appeal
the TSA's determination under the procedures set forth in 49 C.F.R. 1515.5 or 1515.9. Following appeal, if the renewal applicant receives a Final
Determination of Security Threat Assessment, the applicant may seek a waiver
from TSA in accordance with 49 C.F.R. 1515.7.
(10) Within fifteen (15) days after the TSA
has notified the Commonwealth of a Determination of No Security Threat or of a
finding of Final Determination of Security Threat Assessment, the
Transportation Cabinet shall update the applicant's permanent record to reflect
the results of the security threat assessment, the issuance or denial of an
HME, and the new expiration date of the HME.
(11) An applicant who has received a passing
score on the HME test and is applying for a Class C CDL with a hazardous
materials endorsement shall drive a Class C placarded vehicle for the skills
test.
Section 4.
Transfer Applications For HME.
(1) In
accordance with 49 C.F.R. 1572.13(e), an applicant who applies to transfer an
existing HME from another state to the Commonwealth shall not be required to
undergo a new security threat assessment until the security threat assessment
renewal period established in the preceding issuing state, not to exceed five
(5) years, expires.
STATUTORY AUTHORITY: KRS 281A.040