49 C.F.R. Subpart E—Fees for Security Threat Assessments for Hazmat Drivers
Title 49 - Transportation
Source: 70 FR 2558, Jan. 13, 2005, unless otherwise noted.
(a) State collection and transmission. If a State collects fingerprints and applicant information under 49 CFR part 1572, the State must collect and transmit to TSA the Threat Assessment Fee in accordance with the requirements of §1572.403. The State also must collect and remit the FBI Fee in accordance with established procedures. (b) TSA agent collection and transmission. If a TSA agent collects fingerprints and applicant information under 49 CFR part 1572, the agent must— (1) Collect the Information Collection Fee, Threat Assessment Fee, and FBI Fee in accordance with procedures approved by TSA; (2) Transmit to TSA the Threat Assessment Fee in accordance with procedures approved by TSA; and (3) Transmit to TSA the FBI Fee in accordance with procedures approved by TSA and the Federal Bureau of Investigation. This section describes the procedures that a State that collects fingerprints and applicant information under 49 CFR part 1572, and the procedures an individual who applies for a new HME or renewal of an existing HME for a CDL in that State, must follow for collection and transmission of the Threat Assessment Fee and the FBI Fee. (a) Imposition of fees. (1) The following Threat Assessment Fee is required for TSA to conduct a security threat assessment under 49 CFR part 1572 for an individual who applies for a new HME or renewal of an existing HME: $34. (2) The following FBI Fee is required for the FBI to process fingerprint identification records and name checks required under 49 CFR part 1572: the fee collected by the FBI under 28 U.S.C. 534. (3) An individual who applies for a new or renewed HME, or the individual's employer, must remit to the State the Threat Assessment Fee and the FBI Fee, in a form and manner approved by TSA and the State, when the individual submits the application for the HME to the State. (b) Collection of fees. (1) A State must collect the Threat Assessment Fee and FBI Fee when an individual submits an application to the State for a new HME or renewal of an existing HME. (2) Once TSA receives an application from a State for a security threat assessment under 49 CFR part 1572, the State is liable for the Threat Assessment Fee. (3) Nothing in this subpart prevents a State from collecting any other fees that a State may impose on an individual who applies for a new HME or renewal of an existing HME. (c) Handling of fees. (1) A State must safeguard all Threat Assessment Fees from the time of collection until remittance to TSA. (2) All Threat Assessment Fees are held in trust by a State for the beneficial interest of the United States in paying for the costs of conducting the security threat assessment required by 49 U.S.C. 5103a and 49 CFR part 1572. A State holds neither legal nor equitable interest in the Threat Assessment Fees except for the right to retain any accrued interest on the principal amounts collected pursuant to this section. (3) A State must account for Threat Assessment Fees separately, but may commingle such fees with other sources of revenue. (d) Remittance of fees. (1) TSA will generate and provide an invoice to a State on a monthly basis. The invoice will indicate the total fee dollars (number of applicants times the Threat Assessment Fee) that are due for the month. (2) A State must remit to TSA full payment for the invoice within 30 days after TSA sends the invoice. (3) TSA accepts Threat Assessment Fees only from a State, not from an individual applicant for an HME. (4) A State may retain any interest that accrues on the principal amounts collected between the date of collection and the date the Threat Assessment Fee is remitted to TSA in accordance with paragraph (d)(2) of this section. (5) A State may not retain any portion of the Threat Assessment Fee to offset the costs of collecting, handling, or remitting Threat Assessment Fees. (6) Threat Assessment Fees remitted to TSA by a State must be in U.S. currency and made payable to the “Transportation Security Administration.” (7) Threat Assessment Fees must be remitted by check, money order, wire or any other payment method acceptable to TSA. (8) TSA will not issue any refunds of Threat Assessment Fees. (9) If a State does not remit the Threat Assessment Fees for any month, TSA may decline to process any HME applications from that State. This section describes the procedures that an individual who applies for a new HME or renewal of an existing HME for a CDL must follow if a TSA agent collects and transmits the Information Collection Fee, Threat Assessment Fee, and FBI Fee. (a) Imposition of fees. (1) The following Information Collection Fee is required for a TSA agent to collect and transmit fingerprints and applicant information in accordance with 49 CFR part 1572: $38. (2) The following Threat Assessment Fee is required for TSA to conduct a security threat assessment under 49 CFR part 1572 for an individual who applies for a new HME or renewal of an existing HME: $34. (3) The following FBI Fee is required for the FBI to process fingerprint identification records and name checks required under 49 CFR part 1572: The fee collected by the FBI under 28 U.S.C. 534. (4) An individual who applies for a new or renewed HME, or the individual's employer, must remit to the TSA agent the Information Collection Fee, Threat Assessment Fee, and FBI Fee, in a form and manner approved by TSA, when the individual submits the application required under 49 CFR part 1572. (b) Collection of fees. A TSA agent will collect the fees required under this section when an individual submits an application to the TSA agent in accordance with 49 CFR part 1572. (c) Remittance of fees. (1) Fees required under this section that are remitted to a TSA agent must be made in U.S. currency and made payable to the “Transportation Security Administration.” (2) Fees required under this section must be remitted by check, money order, wire or any other payment method acceptable to TSA. (3) TSA will not issue any refunds of fees required under this section. (4) Applications submitted in accordance with 49 CFR part 1572 will be processed only upon receipt of all applicable fees under this section.
Title 49: Transportation
PART 1572—CREDENTIALING AND BACKGROUND CHECKS FOR LAND TRANSPORTATION SECURITY
Subpart E—Fees for Security Threat Assessments for Hazmat Drivers
§ 1572.401 Fee collection options.
§ 1572.403 Fee procedures for collection by States.
§ 1572.405 Fee procedures for collection by TSA agents.
