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Rule clarifies hazmat endorsement deadlines
By Lance Orr
An interim final rule designed to eliminate any confusion between the hazmat endorsement deadlines of the Federal Motor Carrier Safety Adminstration and the Transportation Security Administration was published in the April 29 Federal Register.
The rule does nothing more than let the states know that the FMCSA and TSA dates are in sync, said Charles Morton of the TSA.
"It is really a procedural issue," Morton said. "It changes nothing about our program."
The rule forces the two entities to agree on Jan. 31, 2005, and May 31, 2005, as important hazmat compliance dates. In January, TSA began conducting fingerprint tests for new hazmat applicants. After May, all individuals seeking to renew their hazmat endorsements will have to undergo the process.
The new rule relates to an interim final FMCSA rule published two years ago that bars states from issuing, renewing, transferring or upgrading a commercial driver's license with a hazmat endorsement unless the TSA has determined that the applicant poses no security threat.
The rule also reduces the amount of advance notice states must give drivers that a security threat assessment will be performed when they renew a hazmat endorsement.
A Nov. 24, 2004, rule requires that states must tell drivers 60 days before their hazmat endorsement expires that they must pass TSA's security threat assessment no later than 30 days before the expiration date. The previous notification deadline was 180 days, and the assessment timeline was 90 days.
The American Trucking Associations believes shortening the notfication period is a mistake.
"We believe it would be advatangeous for drivers to get more notice and additional time to get the backghround check," said Richard Moskowitz, assistant general counsel for ATA.
These rules were mandated in 2001 by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known as the USA PATRIOT Act. It requires the FMCSA and the TSA to oversee the background checks.
TSA established the security threat assessment protocols, such as risk factors, citizenship/immigration requirements for hazmat endorsement, fingerprinting options, fees and compliance dates. The FMCSA required state licensing agencies to comply with TSA's process.
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