[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1572.143]

[Page 377-378]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1572_CREDENTIALING AND BACKGROUND CHECKS FOR MARITIME AND LAND 
TRANSPORTATION SECURITY--Table of Contents
 
     Subpart B_Standards, Appeals, and Waivers for Security Threat 
                               Assessments
 
Sec. 1572.143  Waivers.

    (a) Scope. (1) Except as provided in paragraph (a)(2), this section 
applies to individuals who do not meet the standards for a security 
threat assessment and who are requesting a waiver from those standards.
    (2) Individuals who do not meet the standards for a security threat 
assessment under Sec. 1572.105 or Sec. 1572.107 are not eligible for a 
waiver.
    (b) Waivers. (1) An individual who does not meet the standards for a 
security threat assessment in this part may send a written request to 
TSA for a waiver at any time but not later than 15 days from the date of 
service of the Final Notification of Threat Assessment.
    (2) In determining whether to grant a waiver, TSA will consider the 
following factors, if the disqualification was based on a disqualifying 
criminal offense:
    (i) The circumstances of any disqualifying act or offense;
    (ii) Restitution made by the individual;
    (iii) Any Federal or State mitigation remedies; and
    (iv) Other factors that indicate the individual does not pose a 
security threat warranting denial of the authorization for which he or 
she is applying.
    (c) Grant or denial of waivers. TSA will send a written decision to 
grant or deny a waiver under this section to the

[[Page 378]]

individual and, if applicable, the State in which the individual applied 
for the authorization, within 30 days of the service date of the 
individual's application for a waiver, or such longer period as TSA may 
determine for good cause.
    (d) Extension of time. TSA may grant an individual an extension of 
time of the limits set forth in this section for good cause shown. An 
individual's request for an extension of time must be in writing and be 
received by TSA at least 2 days before the due date to be extended. TSA 
may grant itself an extension of time for good cause.