In response to the terrorist attacks against the United States on Sept. 11, 2001, Congress passed The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). Section 1012 of the USA PATRIOT Act requires any commercial driver who has or will seek a hazardous material endorsement (HME) to their Commercial Driver's License (CDL) to undergo a background check. This rule does not apply to non-HME CDL applicants.
The Federal Motor Carrier Safety Administration (FMCSA), Transportation Security Administration (TSA) and the Research and Special Programs Administration (RSPA) issued companion interim final rules on May 5, 2003, to establish process and performance requirements for instituting security threat assessments and background checks on commercial vehicle drivers transporting certain types of hazardous materials (HAZMAT). TSA also established procedures for seeking a waiver from the standards and for appealing a security assessment determination.
The FMCSA rule amends the Federal Motor Carrier Safety Regulations governing CDLs to prohibit States from issuing, renewing, transferring, or upgrading a CDL with a HME unless the Department of Justice has first conducted a background check on the applicant and the TSA has determined that the applicant does not pose a security threat. FMCSA's rule also requires drivers to renew their HAZMAT endorsement at least once every five years.
The RCPA rule incorporates into the HAZMAT Regulations a requirement that shippers and transporters of certain hazardous materials comply with Federal security regulations that apply to motor carrier and vessel transportation. In addition, this rule revises the procedures for applying for an exemption from the HAZMAT Regulations to require applicants to certify compliance with applicable Federal transportation security laws and regulations. This rule will assure that shippers and transporters are aware of and comply with their security obligations.
TSA issued a Technical Amendment to the Interim Final Rule on Nov. 7, 2003 and a Final Rule on April 6, 2004. The Fee Notice of Proposed Rulemaking was issued on Nov. 10, 2004 and the Process Interim Final Rule on Nov. 22, 2004. These rules more fully define the requirements necessary for States to implement Section 1012 of the USA PATRIOT Act, and establish the fees necessary to cover TSA's costs.
AAMVA has formed the USA PATRIOT Act Working Group, which consist of about four representatives from each AAMVA region as well as representatives from the TSA, FMCSA and the FBI. The purpose of the group is to develop products that can assist the jurisdictions with meeting the requirements and deadlines in the rulemaking (i.e., updated CDLIS documentation).
Related documents
- TSA Amendment to Interim Final Rule on Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Drivers License
- FMCSA Amendment to Interim Final Rule on Limitation on the Issuance of Commercial Driver's License with a Hazardous Materials Endorsement
Summary of TSA's Amendment to the May 5, 2003 Interim Final Rule
- Summary and Analysis of USA PATRIOT Act (2003)
- TSA Frequently Asked Questions: HAZMAT Driver Documentation Rule
- TSA Interim Final Rule on Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Driver's License
- RSPA Interim Final Rule on Enhancing Hazardous Materials Transportation Security
- FMCSA Interim Final Rule on Limitation on the Issuance of Commercial Driver's License with a Hazardous Materials Endorsement
- RSPA Final Rule on Security Requirements for Offerors and Transporters of Hazardous Materials
- FMCSA Notice on Security Requirements for Motor Carriers Transporting Hazardous Materials
- TSA HAZMAT Questions and Answers
- Presentation: Implementation, Financial Resources & Communications
- Presentation: Background Checks, State Records Use & Fingerprinting Infrastructure
- Presentation: Situation & Facts
- HAZMAT Working Session After Action Report (Aug. 20, 2003)
- USA PATRIOT Act -- HAZMAT Endorsement for the Commercial Driver's License (2004 Capitol Hill Day)
- Talking Points for HAZMAT Interim Final Rule (2004 Capitol Hill Day)
- CDLIS USA PATRIOT Act Data Element Definitions (Release 1.0, Oct. 22, 2004)
- Fees for Security Threat Assessments for HAZMAT Drivers, proposed rule (Nov. 10, 2004)
- TSA Exemption Notice for Renewals and Transfers (TSA-2003-14610) (Nov. 10, 2004)
- TSA Issues Exemption Notice for Renewals and Transfers (AAMVA News Article, Nov. 16, 2004)
- Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Driver's License (Nov. 19, 2004)
- HAZMAT Endorsement Fingerprint Services (HAZPRINT) (presentation) - Dec. 4, 2004, CDL Coordinators Meeting
Dick Spencer, Integrated Biometric Technology, LLC
- USA PATRIOT Act Update - Dec. 2004, CDL Coordinators Meeting
Tracy Taillon, AAMVA
- USA PATRIOT Act Update - Dec. 2004, CDL Industry Forum Meeting
Tracy Taillon, AAMVA
- Guide to Immigrant Eligibility for Federal Programs
- HAZMAT Fee Rule: Fees for Security Threat Assessment for HAZMAT Drivers; Final Rule (49 CFR Part 1572)
- TSA Agent 4-step Application and Fingerprinting Process (posted April 2005)
- TSA Agent List of Acceptable Identification for HAZPRINT (posted April 2005)
- Limitations on the Issuance of Commercial Driver's Licenses with a Hazardous Materials Endorsement (49 CFR Part 383) April 29, 2005
- Exemption from the Requirements for the Transfer of a Hazardous Materials Endorsement in 49 CFR 1572.13(b)(1)
- Temporary exemption from the requirements for issuance of HAZMAT Endorsements in support of the disaster recovery efforts from the effects of Hurricane Katrina (Sept. 9, 2005)
Web sites
- Federal Motor Carrier Safety Administration (FMCSA)
- Transportation Security Administration (TSA)
- Research and Special Programs Administration (RSPA)
Contact
Randy Holleger