TSA Again Delays Date States Must Begin Fingerprint-Based Background Checks for Hazmat CDLs, Etc
The Transportation Security Administration (TSA) has issued a final rule which amends an interim final rule (IFR) on security threat assessment standards for commercial drivers authorized to transport hazardous materials (hazmats) to, among other things, postpone for a second time the date on which fingerprint-based background checks must begin in all States. The TSA now requires all States to begin such checks by January 31, 2005.
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According to TSA, it is making this change so that the States will have enough time to make changes to their existing commercial driver safety and testing programs to facilitate implementation.
In addition to changing the implementation date, TSA makes several other changes to the IFR, including adding a definition of "Pilot State" to 49 CFR 1572.3 for States that volunteer to begin the security threat assessment process prior to January 31, 2005.
TSA to Conduct "Name-Based" Checks Prior to Jan. 31, 2005
In the preamble to the final rule, TSA states that prior to January 31, 2005, it will conduct name-based, terrorist-focused checks on drivers who are currently authorized to transport hazmats. If TSA discovers during the course of these name-based checks that an individual is suspected of posing or poses a security threat, TSA will initiate action to revoke the individual's Hazmat endorsement in accordance with procedures in 49 CFR 1572.141.
However, TSA notes that the individual will be provided with an opportunity to correct underlying records or cases of mistaken identity by submitting fingerprints or corrected court records.
TSA Preparing Rulemaking to Establish Fees for Background Checks
TSA explains that the Department of Homeland Security (DHS) must charge a fee for the cost of any credential and background check provided through it for workers in the field of transportation.
Therefore, DHS, through TSA, is in the process of preparing rulemakings to establish reasonable fees for this and other similar credentialing programs. With the proposed deadline extension, TSA states that it will work to coordinate the timing of fee assessments with the fingerprint-based portion of the background records check.
(See ITT's Online Archives or 05/06/03 and 11/20/03 news, 03050615 and 03112020, for BP summary of this IFR and its subsequent amendment, as well as related interim final rules issued by the Federal Motor Carrier Safety Administration and the Research and Special Programs Administration to enhance hazmat transportation security.)
TSA Contacts - John Berry (technical questions) (571) 227-1757
Christine Beyer (legal questions) (571) 227-2657
TSA final rule (D/N TSA-2003-14610; Amendment No. 1572-3, FR Pub 04/06/04) available at http://a257.g.akamaitech.net/7/257/2422/06apr20040800/edocket.access.gpo.gov/2004/pdf/04-7801.pdf