TSA ALLOWS STATES TO AUTOMATICALLY RENEW DRIVER HAZMAT ENDORSEMENTS FOR 180 DAYS |
PMAA Contact:
Mark S. Morgan Regulatory Counsel:
mmorgan@pmaa.org
The Transportation Security
Administration (TSA) announced today that states may
extend expiring commercial driver’s license (CDL)
hazardous material endorsements (HME) for up to four
months. The TSA action is important to petroleum marketers
and heating fuel dealers because it ensures CDL drivers
with expiring HMEs can maintain their licensure without
interruption during the coronavirus outbreak. TSA said it
is in the public interest to grant an exemption from
certain process requirements related to HME renewal given
the need for commercial drivers to continue work without
interruption during the current COVID-19 crisis. This
exemption becomes effective on April 2, 2020, and remains
in effect through July 31, 2020, unless otherwise modified
by TSA.
PMAA has been working closely with DOT’s
Pipeline and Hazardous Materials Safety Administration
(PHMSA) and TSA for the past two weeks on the need for an
HME extension. Under TSA regulations, a state may not
issue or renew an HME for a CDL unless the State first
receives a Determination of No Security Threat on the
driver from the TSA. Drivers renewing their HME are
required to initiate a Security Threat Assessment (STA) at
least 60 days before expiration. The process of initiating
an STA requires drivers to submit information either to
the State licensing agency or to TSA enrollment center,
including fingerprints and background information.
However, measures to prevent the spread of COVID-19 make
this process difficult if not impossible for drivers. PMAA
told the TSA and PHMSA that an HME exemption is necessary
because CDL drivers have been unable to access state
licensing agencies or TSA enrollment centers to provide
fingerprints and in-person interviews required for HME
renewal due to COVID-19 related closures.
The TSA
is allowing states to extend the HMEs for up to 180 days.
The TSA announcement does not provide an automatic renewal
of HMEs nationwide. Instead, each State must issue their
own waiver for the automatic extension to become effective
within the State. States are expected to grant similar
waivers given the inability of drivers to initiate an STA
due to COVID-19 closures.
IMPORTANNT! PMAA
association executives seeking to obtain an HME extension
must go through their State agencies responsible for CDL
HME licensure. The TSA announcement can be downloaded
here.
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