[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]
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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, DHS.
ACTION: Notice, extension of temporary exemption.
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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\
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\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).
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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.\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.
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\4\ 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.\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\
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\5\ 49 CFR 1572.13(b).
\6\ 49 CFR 1572.15.
\7\ 49 CFR 1572.13(b).
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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\
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\8\ 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.\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.
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\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).
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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.
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\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.
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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.
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\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.
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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