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49 C.F.R. § 1572.5   Scope and standards for hazardous materials endorsement security threat assessment.

Title 49 - Transportation

Title 49: Transportation
PART 1572—CREDENTIALING AND BACKGROUND CHECKS FOR LAND TRANSPORTATION SECURITY
Subpart A—Requirements To Undergo Security Threat Assessments

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§ 1572.5   Scope and standards for hazardous materials endorsement security threat assessment.

(a) This subpart applies to—

(1) State agencies responsible for issuing an HME; and

(2) Applicants who are qualified to hold a commercial driver's license under 49 CFR parts 383 and 384, and are applying for a new, renewal, or transfer HME.

(b) In conducting the security threat assessment requirements in this part, the States and TSA use one or more of the following:

(1) An applicant's fingerprints.

(2) An applicant's name.

(3) Other identifying information.

(c) TSA has determined that an applicant does not pose a security threat warranting denial of an HME if:

(1) The applicant does not have a disqualifying criminal offense described in §1572.103;

(2) The applicant meets the immigration status requirements described in §1572.105;

(3) TSA conducts the analyses described in §1572.107 and determines that the applicant does not pose a security threat; and

(4) The applicant has not been adjudicated as lacking mental capacity or committed to a mental institution, as described in §1572.109.

(d) TSA may direct a State to revoke an individual's HME immediately if TSA determines during the security threat assessment that the individual poses an immediate threat to transportation security, national security or of terrorism.

(e) The regulations of the Federal Motor Carrier Safety Administration (FMCSA) provide that an applicant is disqualified from operating a commercial motor vehicle for specified periods if he or she has an offense that is listed in the FMCSA rules at 49 CFR 383.51. If records indicate that an applicant has committed an offense that would disqualify the applicant from operating a commercial motor vehicle under 49 CFR 383.51, TSA will not issue a Determination of No Security Threat until the State or the FMCSA determine that the applicant is not disqualified under that section.

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