Notice2022-24101
Hazardous Materials Endorsement (HME) Threat Assessment Program and Transportation Worker Identification Credential (TWIC®) Program Fees
Primary source
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Published
November 4, 2022
Effective
November 3, 2022
Issuing agencies
Homeland Security DepartmentTransportation Security Administration
Abstract
The Transportation Security Administration (TSA) administers the Hazardous Materials Endorsement (HME) and Transportation Worker Identification Credential (TWIC[supreg]) vetting programs. TSA conducts security threat assessments (STAs) of applicants to these programs, and in accordance with statutory requirements, collects fees from the applicants to recover TSA's costs to conduct the vetting and credentialing. In this Notice, TSA announces changes to the existing fee structure and fees for the HME and TWIC Programs to include initial in-person applications, in-person renewals, comparable STAs, and new online renewal fees. These updates will allow TSA to continue to improve the HME and TWIC enrollment experience, mitigate potential security risks, and ensure that the programs remain fully funded. TSA maintains a current listing of the overall fees for all HME enrollment options at https://www.tsa.gov/for-industry/hazmat-endorsement and for all TWIC enrollment options at https://www.tsa.gov/for-industry/twic.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66721-66723]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24101]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2004-19605]
Hazardous Materials Endorsement (HME) Threat Assessment Program
and Transportation Worker Identification Credential (TWIC[supreg])
Program Fees
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice.
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SUMMARY: The Transportation Security Administration (TSA) administers
the Hazardous Materials Endorsement (HME) and Transportation Worker
Identification Credential (TWIC[supreg]) vetting programs. TSA conducts
security threat assessments (STAs) of applicants to these programs, and
in accordance with statutory requirements, collects fees from the
applicants to recover TSA's costs to conduct the vetting and
credentialing. In this Notice, TSA announces changes to the existing
fee structure and fees for the HME and TWIC Programs to include initial
in-person applications, in-person renewals, comparable STAs, and new
online renewal fees. These updates will allow TSA to continue to
improve the HME and TWIC enrollment experience, mitigate potential
security risks, and ensure that the programs remain fully funded. TSA
maintains a current listing of the overall fees for all HME enrollment
options at <a href="https://www.tsa.gov/for-industry/hazmat-endorsement">https://www.tsa.gov/for-industry/hazmat-endorsement</a> and for
all TWIC enrollment options at <a href="https://www.tsa.gov/for-industry/twic">https://www.tsa.gov/for-industry/twic</a>.
DATES: The fee changes in this notice are effective November 3, 2022.
FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, Transportation
Security Administration, 6595 Springfield Center Drive, Springfield, VA
20598-6047; 571-227-2851; or email at <a href="/cdn-cgi/l/email-protection#7226253b315c3b01010717320601135c161a015c151d04"><span class="__cf_email__" data-cfemail="eabebda3a9c4a399999f8faa9e998bc48e8299c48d859c">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#f7bfbab2d9a6829284839e9899b7838496d9939f84d9909881"><span class="__cf_email__" data-cfemail="f8b0b5bdd6a98d9d8b8c919796b88c8b99d69c908bd69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: You can find an electronic copy of
rulemaking documents relevant to this action by searching the
electronic FDMS web page at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. In addition, copies are available by writing
or calling the individual in the FOR FURTHER INFORMATION CONTACT
section.
Abbreviations and Terms Used in This Document
CDL--Commercial Driver's License
CHRC--Criminal History Records Check
FBI--Federal Bureau of Investigation
FAST--Free and Secure Trade
HME--Hazardous Materials Endorsement
MTSA--Maritime Transportation Security Act
STA--Security Threat Assessment
TWIC--Transportation Worker Identification Credential
UES--Universal Enrollment Services
USCG--U.S. Coast Guard
I. TWIC Program
A. Background
The Maritime Transportation Security Act (MTSA) of 2002 requires
the Secretary of the Department of Homeland Security to issue a
biometric transportation security card to an individual requiring
unescorted access to MTSA-regulated entities after determining that the
individual does not pose a security risk.\1\ The TWIC Program is
administered jointly by TSA and the U.S. Coast Guard (USCG). TSA
conducts the STA and issues the credential, and USCG enforces the use
of the TWIC at MTSA-regulated facilities and vessels.\2\
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\1\ See Maritime Transportation Security Act of 2002, Public Law
107-295, 116 Stat. 2064 (November 25, 2002).
\2\ See 46 U.S.C. 70105.
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Under TSA's regulations in 49 CFR part 1572, applicants for TWIC
pay a fee to cover (1) the costs of performing and
[[Page 66722]]
adjudicating STAs, appeals, and waivers; (2) the costs of enrolling and
transmitting biometric (fingerprints) and biographic applicant
information; and (3) the Federal Bureau of Investigation (FBI) fee to
process a criminal history records check (CHRC). The STA and physical
TWIC card expire five years after the STA is approved by TSA, provided
the individual continues to meet the eligibility standards. Individuals
who require unescorted access to secure areas of MTSA-regulated
entities must re-apply and undergo a new STA when their STA expires to
maintain TWIC eligibility.\3\
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\3\ See 49 CFR part 1572 for STA standards and TWIC expiration.
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In August 2022, TSA implemented a new online renewal capability for
certain TWIC applicants who maintain or previously maintained an active
TWIC STA.\4\ Approximately 54 percent of active TWIC cardholders enroll
for a new TWIC after their STA expires five years from the date of
issuance. Online TWIC renewals will reduce the applicant's cost and
time burdens by permitting eligible applicants to obtain a new TWIC
without enrolling in-person at a TSA enrollment center. Additionally,
TSA mitigates certain security risks associated with online renewals by
enrolling current TWIC cardholders in recurrent vetting services, such
as the FBI's Rap Back Services.
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\4\ See 30-Day notice, 86 FR 11323 (February 24, 2021), for OMB
Control Number 1652-0047 and related Supporting Statement.
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The current application and renewal fee for the TWIC Program is
$125.25. The current reduced application fee for applicants who possess
a comparable STA, such as an HME, is $105.25. The current replacement
card fee for lost, stolen, or damaged TWICs is $60.00.
B. TWIC Fee Changes
TSA is revising the existing fee structure and fees for the TWIC
program. Fees are impacted by several factors such as changes in
contractual services. TSA uses contract services for enrollment
services, vetting and adjudication support, credentialing services,
information technology development, technology operations and
maintenance, and customer service support. When the pertinent contracts
for services are amended or renegotiated, the fees may be affected.
Also, cost variations, such as changes in the number of applicants and
FBI fee impact the STA fees. TSA reviews vetting fees once every two
years.\5\ Upon review, if TSA finds that the fees collected exceed the
total cost to provide the services, or do not cover the total cost for
services, TSA must adjust the fee.
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\5\ See 31 U.S.C. 3512 (the Chief Financial Officers Act of 1990
(Pub. L. 101-576, 104 Stat. 2838, Nov. 15, 1990)).
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In August 2022, TSA implemented a new online renewal process for
certain TWIC applicants. This new capability permits eligible
applicants to renew their TWIC without visiting a TSA enrollment
center. With the implementation of this capability, TSA is updating the
TWIC fee structure to include two renewal types: (1) in-person renewal
at the enrollment center; and (2) online renewal using a desktop or
mobile device to complete the enrollment transaction. Most individuals
with an active TWIC will be able to renew online. Some individuals may
need to visit an enrollment center for renewal for TSA to verify
immigration status or update certain biometric or biographic
information. Also, individuals eligible for online renewal may choose
to visit a center in-person for renewal based on individual needs.
The implementation of TWIC online renewals will result in a fee
change for eligible applicants who renew within 12 months of their
current STA expiration date. Operational efficiencies with the renewal
process, such as limited or no in-person interaction with enrollment
agents, will reduce the enrollment and vetting transaction costs for
applicants and TSA. Also, TSA will use the applicant's biometric
(fingerprint and photograph) information provided during the
applicant's initial enrollment for renewals. With this notice, TSA is
announcing that the new fee for an online renewal is $117.25. The fee
for TWIC in-person enrollments and for in-person renewals at a
Universal Enrollment Service (UES) enrollment center will remain the
same at $125.25.
TSA also analyzed the costs associated with the use of a comparable
STA \6\. TSA is announcing that the revised fee for an eligible
reduced-fee enrollment is decreasing from $105.25 to $93.00. The TSA
fee for a replacement card remains the same at $60.00. Future changes
to TWIC services and fees will be published as a Notice in the Federal
Register and on the TSA website at <a href="https://www.tsa.gov/for-industry/twic">https://www.tsa.gov/for-industry/twic</a>.
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\6\ Comparable STAs include HME and FAST
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II. HME Program
A. Background
TSA conducts an STA for any driver seeking to obtain, renew, or
transfer an HME on a State issued commercial driver's license (CDL) for
the TSA HME Program. Under 49 U.S.C. 5103a, a State is prohibited from
issuing or renewing a CDL unless TSA has first determined that the
driver does not pose a security threat warranting denial of the HME.
Currently, the HME program regulations in 49 CFR part 1572 permit
States to collect and transmit the fingerprints and applicant
information of drivers who apply to renew or obtain an HME; or to have
a TSA agent collect and transmit the fingerprints and applicant
information of such drivers.\7\
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\7\ See 49 CFR 1572.13.
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Applicants for an HME pay a fee to cover (1) the costs of
performing and adjudicating STAs, appeals, and waivers; (2) the costs
of enrolling and transmitting fingerprints and applicant information;
and (3) the FBI fee charged to process a CHRC.\8\ States that choose to
collect applicant information and submit it to TSA may charge
applicants a State fee for that service, and TSA has no authority to
establish, determine, or limit the amount of that fee. The HME STA
expires five years after the STA is approved by TSA, provided the
individual continues to meet the eligibility standards. Individuals who
require an HME must re-apply and undergo a new STA when their STA
expires to maintain eligibility for the HME.
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\8\ See 70 FR 2542 (Jan. 13, 2005).
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B. HME Fee Changes
The fees will remain the same for new HME enrollments and renewals.
However, TSA is revising the fees that apply when using a comparable
STA to obtain an HME. Fees are impacted by several factors, including
changes in contractual services. Similar to the TWIC Program, TSA uses
contract services for enrollment, vetting, adjudication support,
information technology development, technology operations and
maintenance, and customer service. When the pertinent contracts for
services are amended or renegotiated, the fees may be affected. Also,
cost variations, such as changes in the number of applicants, and FBI
fee impacts the STA fees.
TSA reviews vetting fees once every two years.\9\ Upon review, if
TSA finds that the fees collected exceed the total cost to provide the
services or do not cover the total costs for services, TSA must adjust
the fee. TSA analyzed the costs associated with the use of a comparable
STA for an HME, and found that the fees for these enrollments could
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be lowered from $67.00 to $41.00. The fee for a new and renewal HME
enrollment at a UES enrollment center will remain the same at $86.50.
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\9\ See 31 U.S.C. 3512 (the Chief Financial Officers Act of 1990
(Pub. L. 101-576, 104 Stat. 2838, Nov. 15, 1990)).
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Future changes to HME services and fees will be published as Notice
in the Federal Register and on the TSA website at <a href="https://www.tsa.gov/for-industry/hazmat-endorsement">https://www.tsa.gov/for-industry/hazmat-endorsement</a>.
III. Authority To Collect and Methodology To Calculate Fee Changes
Congress directed TSA to collect user fees to cover the costs of
its transportation vetting and credentialing programs.\10\ TSA must
collect fees to pay for conducting all portions of an STA; reviewing
and adjudicating requests for correction of records, appeals, and
waivers; information technology costs; personnel costs; and any other
costs related to conducting the STA, providing a credential, or
providing states the driver's eligibility determination.
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\10\ See 6 U.S.C. 469(a).
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The statute requires that any fee collected must be available only
to pay for the costs incurred in providing services in connection with
performing the STA. The funds generated by the fee do not have a
limited period of time in which they must be used; as fee revenue and
service costs do not always match perfectly for a given period, a
program may need to carry over funding from one fiscal year to the next
to ensure that sufficient funds are available to continue normal
program operations. TSA complies with applicable requirements, such as
the Chief Financial Officers Act of 1990 \11\ and Office of Management
and Budget Circular A-25,\12\ and regularly reviews the fees to ensure
they recover, but do not exceed the full cost of services.
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\11\ See 31 U.S.C. 501 et seq.
\12\ See <a href="http://www.whitehouse.gov/omb/circulars_a025">http://www.whitehouse.gov/omb/circulars_a025</a>.
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TSA established the methodology for calculating the vetting fees
for the TWIC and HME programs through notice and comment rulemaking,
and stated that any fee changes using that same methodology would be
published in a Notice.\13\ TSA uses that same methodology to evaluate
the current fees and in establishing new fee amounts.
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\13\ See 72 FR 55043 (September 28, 2007), 70 FR 2542 (Jan. 13,
2005).
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In 2013, TSA revised the TWIC and HME regulations to remove
references to specific fee amounts and provide TSA with flexibility to
modify fees, as necessary, to ensure that STA, enrollment, and
credentialing fees reflect their associated costs and the programs
could continue to operate if the costs exceeded regulatory caps.\14\ As
a result of this rulemaking, TSA may change the fees as appropriate and
provide Notice in the Federal Register to inform affected stakeholders
of the revised fees and the basis for the changes.\15\
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\14\ See Final Rule, Provisions for Fees Related to Hazardous
Materials Endorsements and Transportation Worker Identification
Credentials, 78 FR 45353 (April 16, 2013).
\15\ See 49 CFR 1572.403(a) (State collection of HME fees),
1572.405(a) (TSA collection of HME fees), and 1572.501(g)
(imposition of TWIC fees).
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IV. Fee Announcements
The vetting fees for the TWIC and HME programs are set forth below:
Table 1--Comparison of Current and New TWIC and HME Fees and Enrollment Type
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TWIC Program Fees HME Program Fees
Enrollment type ---------------------------------------------------------------
Current New Current New
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New Enrollment.................................. $125.25 $125.25 $86.50 $86.50
Renewal (In-Person)............................. 125.25 125.25 86.50 86.50
Renewal (Online)................................ N/A 117.25 N/A N/A
Comparable STA.................................. 105.25 93.00 67.00 41.00
Replacement Card................................ 60.00 60.00 N/A N/A
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In addition to a notice published in the Federal Register, TSA will
publish these fees on the TSA website: <a href="https://www.tsa.gov/for-industry/hazmat-endorsement">https://www.tsa.gov/for-industry/hazmat-endorsement</a> and <a href="https://www.tsa.gov/for-industry/twic">https://www.tsa.gov/for-industry/twic</a>,
as applicable.
Note that applicants may choose the respective program's enrollment
option that best meets their needs based on the convenience of
enrollment center locations and their eligibility for in-person or
online renewal options. Drivers who require an HME in a state that does
not use TSA's enrollment agent are subject to fees established by the
state, not TSA.
Dated: November 1, 2022.
Austin Gould,
Acting Executive Assistant Administrator, Operations Support.
[FR Doc. 2022-24101 Filed 11-3-22; 8:45 am]
BILLING CODE 9110-05-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.