[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR383.141]

[Page 988-989]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
--Table of Contents
 
    Subpart I_Requirement for Transportation Security Administration 
          approval of hazardous materials endorsement issuances
 
Sec. 383.141  General.


    (a) Applicability date. Beginning on January 31, 2005, this section 
applies to State agencies responsible for issuing hazardous materials 
endorsements for a CDL, and applicants for such endorsements.
    (b) Prohibition. A State may not issue, renew, upgrade, or transfer 
a hazardous materials endorsement for a CDL to any individual 
authorizing that individual to operate a commercial motor vehicle 
transporting a hazardous material in commerce unless the Transportation 
Security Administration has determined that the individual does not pose 
a security risk warranting denial of the endorsement.
    (c) Individual notification. At least 180 days before the expiration 
date of the CDL or hazardous materials endorsement, a State must notify 
the holder of a hazardous materials endorsement that the individual must 
pass a Transportation Security Administration security screening process 
as part of any application for renewal of the hazardous materials 
endorsement. The notice must advise a driver that, in order to expedite 
the security screening process, he or she should file a renewal 
application as soon as possible, but not

[[Page 989]]

later than 90 days before the date of expiration of the endorsement. An 
individual who does not successfully complete the Transportation 
Security Administration security screening process referenced in 
paragraph (b) of this section may not be issued a hazardous materials 
endorsement.
    (d) Hazardous materials endorsement renewal cycle. Each State must 
require that hazardous materials endorsements be renewed every 5 years 
or less so that individuals are subject to a Transportation Security 
Administration security screening requirement referenced in paragraph 
(b) of this section at least every 5 years.

[68 FR 24850, May 5, 2003, as amended at 68 FR 63033, Nov. 7, 2003; 69 
FR 51393, Aug. 19, 2004]