The Transportation Security Administration (TSA) issued an amendment this week to the interim final rule regarding implementation of background checks for commercial drivers license holders with the hazardous materials endorsement.

The interim final rule, originally issued May 5, implements the legal mandates of the USA Patriot Act in this regard, as well as the requirement of the Safe Explosives Act.
TSA's amendment responds to petitions filed by the American Trucking Assns. (ATA) and 23 states. Those petitions requested the Nov. 3 implementation date for fingerprint-based background checks be delayed due to administrative, technical and procedural challenges that must be overcome in deploying such a system.
TSA's announcement contains two important determinations:
-- That the states are in the best position to individually determined the means, systems and processes to collect fingerprints and administer the HME process, rather than a process to collect and channel fingerprints and to conduct adjudication of criminal records
-- That TSA is in the best position to determine what individuals pose a national security threat and would thereby be ineligible for the HME, as well as the waiver and appeal process.

The amendment:

-- Commits TSA to complete name-based background checks of all existing HME CDL drivers by December 2003. States will be notified to revoke the HME of drivers who are discovered to have disqualifying offenses or otherwise pose a national security threat. As in the original interim final rule, drivers could then submit to a fingerprint-based application process in order to rectify the record.
-- Requires states to implement a fingerprint-based background check process, in compliance with TSA regulations and the fingerprint requirements of the Federal Bureau of Investigation by April 1, 2004 in order to continue to issue or renew CDLs with the HME.
-- Advises states that can justify why they cannot implement a fingerprint-based process by April 1 can request an extension of the date until Dec. 1, 2004, subject to TSA approval, but the state must have an implementation plan describing their in place by April 1.
-- Determines that TSA specifically will not roll back the requirement that drivers, as of Sept. 3, 2003, are currently required to self-disclose they are disqualified under TSA's criteria and to surrender their CDLs to their state Department of Motor Vehicles for revocation of the HME.

ATA, in a meeting with TSA on Nov. 4, continued to express concerns of the industry in allowing states to develop programs with potentially significant differences in criteria and processes that could undermine the concept of a transportable, uniform security credentialing program.
ATA continues to advocate for a system that includes market-oriented fingerprint collection systems in order to maximize efficiency and convenience for drivers, minimizes costs and lost productivity and provides a means for inclusion of motor carriers in the threat notification process.

TSA will soon issue a revised proposed rule, which is expected to address some of the threat assessment procedural issues and which will allow an opportunity for formal comment on the background check process and the cost associated with the requirement.
For further information, for a copy of the amendment to the interim final rule and for other information on these regulations, see TSA's USA Patriot Act web page.