REGULATORY ALERT – UPDATE ON TSA HAZMAT ENDORSEMENT EXTENSION

The Transportation Security Administration (TSA) decided today not to accept EMA’s request to extend the waiver allowing states to recognize expired hazardous material endorsements (HME) beyond December 31, 2020. However, the good news is TSA is allowing drivers a grace period of 180 days to renew expired HMEs so long as they start the renewal process (submit information for TSA background check) within 60 days of the date their HME expired. For drivers who are currently operating with an expired HME, the date from which to measure the 60-day and 180-day grace periods is December 31, 2020, the date the TSA waiver expires. This means drivers with expired HMEs must start the renewal process no later than March 1, 2021 and obtain the HME renewal no later than June 29, 2021. Drivers may continue to operate under an expired HME during the renewal process.

While the TSA grace periods for HME renewal are not binding on state drivers licensing agencies, the TSA believes all states operating under the waiver will adopt the 60-day and 180-day grace periods for HME renewal. The 60-day and 180-day grace periods apply only to HMEs expiring after March 1, 2020 but no later than December 31, 2020. Drivers should check with their state licensing agencies for any possible variances in the HME renewal process. Note: The State of Minnesota has followed FMCSA’s lead on expiring CDL’s and HAZMAT endorsements. A CDL cannot be extended past the date identified by FMCSA in any waiver of applicable federal regulations.