International Trade Today is a service of Warren Communications News.

FMCSA Again Delays Deadline for States to Comply with Requirements for Issuing Hazmat Endorsements on CDLs

The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule which again delays the date by which states must comply with certain Transportation Security Administration (TSA) regulations for commercial driver's licenses (CDLs) with a hazardous materials (hazmat) endorsement.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

States Now Have Until January 31st to Comply with Certain TSA Requirements

As a result, FMCSA regulations (49 CFR 383.41) that prohibit States from issuing, renewing, transferring, or upgrading a CDL with a hazmat endorsement, unless the TSA has first conducted a background records check of the applicant and determined that the applicant does not pose a security risk warranting denial of the hazmat endorsement, are delayed until January 31, 2005 (from April 1, 2004).

(See ITT's Online Archives or 05/06/03 news, 03050615, for BP summary of the TSA, FMCSA, and RSPA May 2003 interim final rules regarding the secure transportation of certain hazmats. See ITT's Online Archives or 11/20/03 news, 03112020, for BP summary of TSA's and FMCSA's amendments to these interim final rules, which among other things, postponed the instant FMCSA compliance date to April 1, 2004 (from November 3, 2003) to coincide with a TSA deadline delay.)

FMCSA's Delay to Coincide with Previously Announced TSA Deadline Delay

FMCSA states that it has delayed this compliance date so that it coincides with the TSA's (also delayed from April 1, 2004) January 31, 2005 deadline for States to begin collecting fingerprints from a driver requesting authority to transport hazmats in commerce.

(See ITT's Online Archives or 04/19/04 news, 04041925, for BP summary of TSA's final rule which revised its May 2003 IFR's compliance date for States regarding fingerprint based background checks for commercial hazmat drivers to January 31, 2005 (from April 1, 2004).)

FMCSA Contact - Robert Redmond (202) 366-9579

FMCSA IFR (D/N FMCSA-2001-11117, FR Pub 08/19/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19004.pdf