USA PATRIOT Act

Scope

The USA PATRIOT Act rules apply to all commercial drivers and transporters of hazardous materials

Regulatory citations

• 49 CFR Part 107 — Hazardous materials program procedures
• 49 CFR Part 383 — Commerical driver’s license standards; requirements and penalties
• 49 CFR Part 384 — State compliance with commercial driver’s license program
• 49 CFR Part 1570 — General rules
• 49 CFR Part 1572 — Credentialing and security threat assessments

Key definitions

• None

Summary of requirements

Section 1012 of the Act required rulemaking to implement background investigations on hazardous materials endorsements (HMEs) to determine if any pose security risks. In order to be implemented and enforced, Department of Transportation (DOT) rulemakings were required.

To comply with this mandate, on May 5, 2003, the Federal Register published three companion rules as a first step in developing the credentialing process. Three rules were necessary to execute the program because each federal agency had to clarify and define its role in the background investigation.

The three rules included:

• Federal Motor Carrier Safety Administration (FMCSA). Limitations on the Issuance of Commercial Driver’s Licenses with a Hazardous Materials Endorsement (49 CFR Parts 383 and 384);
• Transportation Security Administration (TSA). Security Threat Assessment for Individuals Applying for Hazardous Materials Endorsement for a Commercial Driver’s License (49 CFR Parts 1570 and 1572); and
• Research and Special Programs Administration (RSPA)*. Hazardous Materials: Enhancing Hazardous Materials Transportation Security (49 CFR Part 107).

Since their inception, the rules were also revised to include changes in implementation dates and an explanation of the fees.

FMCSA rule. The FMCSA rule prohibited states from issuing, renewing, transferring, or upgrading a commercial driver’s license with an HME, unless TSA has first conducted a background records check of the applicant and determined that the applicant does not pose a risk. It also created a renewal period of at least once every five years for the HME in order to insure that each HME-holder routinely and uniformly receives security screening.

TSA rule. TSA’s rule, and subsequent revisions since, clarified the application process to the states and drivers, areas to be investigated, waivers, appeals, disqualifiers, and the like.

RSPA rule. The RSPA* rule simply clarified the regulatory authority it had over hazmat and put its stamp of approval on the DOT regulations created by the other agencies addressing the security risks associated with its transportation.

*Since the rules were first published, RSPA has been split into two separate agencies, with the HME falling within the jurisdiction of the Pipeline and Hazardous Materials Safety Administration (PHMSA).