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DOT/FMCSA

RIN: 2126-AA70

Publication ID: Spring 2003

Title: Limitations on Issuance of Commercial Driver's License With Hazardous Materials Endorsement
Abstract: This rule would amend the Federal Motor Carrier Safety Regulations to prohibit States from issuing, renewing, transferring, or upgrading a commercial driver's license to transport hazardous materials unless and until the U.S. Department of Justice first conducts a background records check of the applicant and it is determined that the applicant does not pose a security risk which would warrant denial of the hazardous materials endorsement. This interim final action is required by section 1012 of the USA PATRIOT Act of 2001. It is considered significant because of substantial public interest and national security.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 383
Legal Authority: 49 USC 5103a PL 107-56, sec 1012

Legal Deadline: None

Statement of Need: National security and intelligence officials continue to warn that future terrorist attacks against civilian targets are possible. One potential method could include obtaining hazardous materials for malicious purposes. This action responds to the requirement of section 1012 of the USA PATRIOT Act which is intended to make obtaining a hazardous materials endorsement difficult for those intending to do harm to the United States.

Summary of the Legal Basis: In response to the events of September 11, 2001, Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (Pub. L. 107-56, October 26, 2001, 115 Stat. 272). Section 1012 of the USA PATRIOT Act (115 Stat. 396) amended the Hazardous Materials Transportation Act (49 U.S.C. chapter 51) by adding new section 5103a(a)(1), Limitation on issuance of hazmat licenses. Further, section 1012(b) of the USA PATRIOT Act amended the fitness and testing standards of the Commercial Motor Vehicle Safety Act of 1986, which created the Commercial Driver's License (CDL) Program (49 U.S.C. 31305(a)(5)(C)).

Alternatives: The purpose of section 1012 of the USA PATRIOT Act is to obstruct potential terrorists from gaining access to hazardous materials. If other, less costly methods were available to attain the same end, they would be employed. However, FMCSA does not believe any such alternatives exist.

Anticipated Costs and Benefits: This rule will not have a significant impact on a substantial number of small entities because the impact of the rule will be gradual. Nonetheless, a regulatory analysis was prepared and placed in the docket.

Risks: A failure to require background records checks of hazardous materials drivers could pose a national security risk.

Timetable:

Action	Date	FR Cite
Interim Final Rule	05/05/2003	68 FR 23844
Interim Final Rule Effective	05/05/2003
Interim Final Rule Comment Period End	07/07/2003
Final Action	04/00/2004

Regulatory Flexibility Analysis Required: No	Government Levels Affected: State
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Genevieve D Sapir Office of Chief Counsel Department of Transportation Federal Motor Carrier Safety Administration MC-PRR, 1200 New Jersey Avenue SE. West 6, Washington, DC 20590 Phone:202 366-7056 Email: genevieve.sapir@dot.gov