[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.
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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\
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\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).
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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.
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\2\ Public Law 107-56 (Oct. 26, 2001; 115 Stat. 396), Sec.
1012(a)(1), codified as amended at 49 U.S.C. 5103a.
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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\
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\3\ 49 CFR 1572.13(b).
\4\ 49 CFR 1572.15.
\5\ 49 CFR 1572.13(b).
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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\
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\6\ 49 CFR 1572.13(a).
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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.
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\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).
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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.
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\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.
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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]
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