[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR383.141]

[Page 214-215]
 
                        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 215]]

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]