[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: 49CFR1572.9]

[Page 371-372]
 
                        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 A_Requirements to Undergo Security Threat Assessments
 
Sec. 1572.9  Transportation of explosives from Canada to the United States 
via commercial motor vehicle.

    (a) Applicability. This section applies to carriers that carry 
explosives from Canada to the United States using a driver who is not a 
United States citizen or lawful permanent resident alien of the United 
States.
    (b) Terms used in this section. For purposes of this section:
    Carrier means any ``motor carrier'' or ``motor private carrier'' as 
defined in 49 U.S.C. 13102(12) and (13), respectively.
    Customs Service means the United States Customs Service.
    Explosive means a material that has been examined by the Associate 
Administrator for Hazardous Materials Safety, Research and Special 
Programs Administration, in accordance with 49 CFR 173.56, and 
determined to meet the definition for a Class 1 material in 49 CFR 
173.50.
    Known carrier means a person that has been determined by the 
Governments of Canada and the United States to be a legitimate business 
operating in accordance with all applicable laws and regulations 
governing the transportation of explosives.
    Known driver means a driver of a motor vehicle who has been 
determined by the Governments of Canada and the United States to present 
no known security concern.
    Known offeror means an offeror that has been determined by the 
Governments of Canada and the United States to be a legitimate business 
operating in accordance with all applicable laws and regulations 
governing the transportation of explosives.
    Lawful permanent resident alien means a lawful permanent resident 
alien of the United States as defined by 8 U.S.C. 1101(a)(2).
    Offeror means the person offering a shipment to the carrier for 
transportation from Canada to the United States, and may also be known 
as the ``consignor'' in Canada.

[[Page 372]]

    (c) Prior approval of carrier, offeror, and driver. (1) No carrier 
may transport in commerce any explosive into the United States from 
Canada via motor vehicle if the driver of the vehicle is a not a United 
States citizen or lawful permanent resident alien unless the carrier, 
offeror, and driver are identified on a TSA list as a known carrier, 
known offeror, and known driver, respectively.
    (2) The carrier must ensure that it, its offeror, and its driver 
have been determined to be a known carrier, known offeror, and known 
driver, respectively. If any has not been so determined, the carrier 
must submit the following information to Transport Canada:
    (i) The carrier must provide its:
    (A) Official name;
    (B) Business number;
    (C) Any trade names; and
    (D) Address.
    (ii) The following information about any offeror of explosives whose 
shipments it will carry:
    (A) Official name;
    (B) Business number; and
    (C) Address.
    (iii) The following information about any driver the carrier may use 
to transport explosives into the United States from Canada who is 
neither a United States citizen nor lawful permanent resident alien of 
the United States:
    (A) Full name;
    (B) Canada Commercial Driver's License number; and
    (C) Both current and most recent prior residential addresses.
    (3) Transport Canada will determine that the carrier and offeror are 
legitimately doing business in Canada and will also determine that the 
drivers are properly licensed and present no known problems for purposes 
of this section. Transport Canada will notify TSA of these 
determinations by forwarding to TSA lists of known carriers, offerors, 
and drivers and their identifying information.
    (4) TSA will update and maintain the list of known carriers, 
offerors, and drivers and forward the list to the Customs Service.
    (5) Once included on the list, the carriers, offerors, and drivers 
need not obtain prior approval for future transport of explosives under 
this section.
    (d) TSA checks. TSA may periodically check the data on the carriers, 
offerors and drivers to confirm their continued eligibility and may 
remove from the list any that TSA determines is not known or is a threat 
to security.
    (e) At the border--(1) Driver who is not a United States citizen or 
lawful permanent resident alien. Upon arrival at the border, and prior 
to entry into the United States, the driver must provide a valid 
Canadian commercial driver's license to the Customs Service.
    (2) Driver who is a United States citizen or lawful permanent 
resident alien. If the Customs Service cannot verify that the driver is 
on the list, and if the driver is a United States citizen or lawful 
permanent resident alien, the driver may be cleared by the Customs 
Service upon providing:
    (i) A valid United States passport; or
    (ii) One or more other document(s) including a form of United States 
federal or state government-issued identification with photograph, 
acceptable to the Customs Service.
    (3) Compliance. If a carrier attempts to enter the United States 
without having complied with this section, the Customs Service will deny 
entry of the explosives and may take other appropriate action.