TSA Establishes User Fees for Security Threat Assessments for Hazmat Endorsements for CDLs

(See ITT's Online Archives or 11/23/04 news, 04112340, for BP summary of TSA's proposed user fee rule.)

(In May 2003, the TSA issued an interim final rule that amended the Transportation Security Regulations to establish security threat assessment standards for determining whether an individual poses a security threat warranting denial of an HME. As part of the security threat assessment, TSA's interim final rule called for commercial drivers with HMEs to undergo a routine background records check (including fingerprint collection). TSA is requiring that States begin such checks by January 31, 2005.

See ITT's Online Archives or 04/19/04 news, 04041925, for BP summary of TSA's final rule delaying the background records check requirement until January 31, 2005. See ITT's Online Archives or 05/06/03 and 11/20/03 news, 03050615 and 03112020, for BP summaries of TSA's May 2003 interim final rule and subsequent amendment.)

According to TSA, the fee program for the security threat assessment (provided for in new subparts D and E to 49 CFR part 1572) consists of three parts:

1. an Information Collection Fee, for the collection and transmission of fingerprints and applicant information, of $38 (in States where a TSA agent collects fingerprints and applicant information);
2. a Threat Assessment Fee, for the security threat assessment and associated notification, adjudication, appeal, and waiver program, of $34; and
3. an FBI Fee, for checking applicants' fingerprints against the FBI's criminal history records check (CHRC) database to identify past criminal offenses as reported to the FBI, of $22 (if a TSA agent collects) or $24 (if the State collects).

(TSA notes that some states have opted to collect and transmit fingerprints and applicant information and charge a user fee for those services under their own user fee authority. Under the TSA's final rule, a state that opts to collect fingerprints and applicant information itself is required to (a) collect and remit to TSA the Threat Assessment Fee; and (2) collect and remit to the FBI its user fee (FBI Fee) to perform a CHRC. A State that opts to permit a TSA agent to collect and transmit fingerprints and applicant information is not required to collect and remit to TSA any fees under this final rule.)

TSA notes that 17 States have opted to collect and transmit fingerprints and applicant information. The remaining 34 States opted to allow a TSA agent to perform these services. Information on which states have chosen which option is available on the TSA Web site at www.tsa.gov/public/interapp/editorial/editorial_1735.xml.)

TSA Will Address Threat Assessments for Hazmat Drivers from Canada and Mexico in the Future

In response to a comment it received on its proposed rule that foreign drivers should be required to undergo the same security threat assessments as U.S. drivers, TSA states that it will address threat assessments for hazmat drivers from Canada and Mexico in the future.

TSA final rule (D/N TSA-2004-19605; Amendment No. 1572-5, FR Pub 01/13/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-773.pdf.