After months of speculation, the Transportation Security Administration (TSA) is amending its interim final rule that requires fingerprint-based background investigations for anyone applying for, or renewing, a commercial driver license with a hazardous materials endorsement, according to TSA information published in the Federal Register November 7. The Federal Motor Carrier Safety Administration (FMCSA) published a companion interim rule at the same time.
States have until April 1, 2004, to put a program into place. If the states do not have a program in place on that date, they can request an extension until December 1, 2004. TSA says the delay was necessary because many states had indicated they would be unable to meet the deadline, which was originally scheduled November 3, 2003.
TSA is not requesting comments to the rule, but will publish a notice of proposed rulemaking shortly to address the criminal history background check process for hazmat endorsement applicants, and will solicit comments at that time. Although the interim rule is being adopted without prior notice and public comment, FMCSA is seeking comments at this time. Comments for FMCSA must be received on or before January 6, 2004.
To see the two agencies' rules in their entirety: click here for the TSA and click here for the FMCSA.