49 C.F.R. § 1572.13 State responsibilities for issuance of hazardous materials endorsement.
Title 49 - Transportation
(a) Each State must immediately revoke an individual's HME if TSA informs the State that the individual does not meet the standards for security threat assessment in §1572.5 and issues an Initial Determination of Threat Assessment and Immediate Revocation. (b) Beginning January 31, 2005 for new issuances, and May 31, 2005 for renewal or transfer issuances: (1) No State may issue or renew a hazardous materials endorsement for a CDL unless the State receives a Determination of No Security Threat from TSA. (2) Each State must notify each individual holding a hazardous materials endorsement issued by that State that he or she will be subject to the security threat assessment described in this part as part of an application for renewal of the endorsement, at least 60 days prior to the expiration date of the individual's endorsement. The notice must inform the individual that he or she may initiate the security threat assessment required by this section at any time after receiving the notice, but no later than 30 days before the expiration date of the individual's endorsement. (3) No State may begin processing renewal or transfer applicants prior to March 31, 2005. (c) Prior to January 31, 2005, as approved by TSA, a Pilot State may not revoke, issue, renew, or transfer a hazardous materials endorsement for a CDL unless the Pilot State— (1) Collects the information required in §1572.9; (2) Collects and submits fingerprints in accordance with procedures approved by TSA; and (3) Receives a Determination of No Security Threat or a Final Determination of Threat Assessment from TSA. (d) The State that issued an endorsement may extend the expiration date of the endorsement for 90 days if TSA has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date. Any additional extension must be approved in advance by the Director. (e) Within 15 days of receipt of a Determination of No Security Threat or Final Determination of Threat Assessment from TSA, the State must— (1) Update the applicant's permanent record to reflect: (i) The results of the security threat assessment; (ii) The issuance or denial of an HME; and (iii) The new expiration date of the HME. (2) Notify the Commercial Drivers License Information System operator of the results of the security threat assessment. (3) Revoke or deny the applicant's HME if TSA serves the State with a Final Determination of Threat Assessment. (f) On or before December 27, 2004, each State must submit a written declaration to TSA, which shall remain in effect until January 31, 2008, unless otherwise authorized by TSA, that states one of the following: (1) The State elects to collect and submit applicant fingerprints and information, in accordance with the requirements of this part and applicable fingerprint submission standards of the FBI, and the associated TSA and FBI fees; or (2) The State elects to have TSA/TSA agent collect and submit applicant fingerprints and information, in accordance with the requirements of this part and applicable fingerprint submission standards of the FBI, and the associated TSA and FBI fees. If TSA does not receive a written declaration from a State, TSA will assume responsibility for the collection and submission process. (g) For applicants who apply to transfer an existing hazardous materials endorsement from one State to another, the second State will not require the applicant to undergo a new security threat assessment until the security threat assessment renewal period established in the preceding issuing State, not to exceed five years, expires. (h) Each State must retain the application and information required in §1572.9 for at least one year in paper or electronic form.
Title 49: Transportation
PART 1572—CREDENTIALING AND BACKGROUND CHECKS FOR LAND TRANSPORTATION SECURITY
Subpart A—Requirements To Undergo Security Threat Assessments
§ 1572.13 State responsibilities for issuance of hazardous materials endorsement.
