[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR383.141]



[Page 204-205]

 

                        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 the date(s) listed in 49 CFR 

1572.13(b), 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 60 days prior to 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 

threat assessment 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



[[Page 205]]



screening process, he or she should file a renewal application as soon 

as possible, but not later than 30 days before the date of expiration of 

the endorsement. An individual who does not successfully complete the 

Transportation Security Administration security threat assessment 

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; 70 FR 22271, Apr. 29, 2005]