Fees for Security Threat Assessments for Hazmat Drivers

Docket Management System Department of Transportation Room Plaza 401 400 Seventh Street, SW Washington, D C 20590 November 30, 2004 Fees for Security Threat Assessments for Hazmat Drivers Re: Docket ID no. TSA-2004-19605 Dear Sir or Madam, On behalf of the Agricultural Retailers Association (ARA) and our members, which represent the retailer sector of the U S agricultural industry, we are submitting comments concerning the Transportation Security Administration’s “Fees for Security Assessments for Hazmat Drivers.” ARA commends the Department of Transportation (DOT) and the Department of Homeland Security’s Transportation Security Administration on opening the docket and allowing interested parties to comment on this important matter. ARA has reviewed DHS TSA 49 CFR 1572 November 24, 2004 Security Threat Assessment for Individuals Applying for a Hazardous Endorsement for a Commercial Drivers License: Final Rule and we thank TSA for these adjustments; however, ARA believes that the rule will cause undue hardship for rural HME drivers, their small business employers, and their farmer customers. The information presented in the final rule indicates that of the total of 2.7 million current Commercial Drivers License (CDL) holders that have a Hazmat Endorsement it is likely that 20% or 700,000 will be eliminated by the implementation of this rule. While the decision to implement the CDL HME fees was made in good faith by TSA, it may have an unexpected dramatic impact on agricultural crop input shipments to America’s farmers. It is very possible that this rule will impact small rural businesses due to the loss of HME drivers to urban areas where wages then to be higher and risks lower. In general the transportation of hazmat materials in commerce comprises 5% of all shipments in the United States; however in the agricultural community the hazmat percentage is much higher. Many crop protection chemicals and some fertilizers are categorized as hazardous materials and some require placarding and a hazmat qualified driver. The ARA estimates that there will be an unforeseen shortage of HME drivers to service our rural members. ARA asks TSA and DOT to consider an agricultural contingency plan when the loss of HME drivers could dramatically impact rural small business and America as a whole. ARA disagrees with TSA’s conclusion that this regulation will not cause an undue financial burden to the regulated businesses. In the agricultural business segment the employer usually pays the license fee which is still subject to state needs resulting in fees that can easily be over $100. Retailers generally employ several CDL HME drivers. The financial impact of this regulation must be viewed in conjunction with other costly driver regulations to get a clear picture of the total financial burden. Productivity down time for this new regulatory requirement also needs to be considered, especially for the very seasonal agricultural segment. Finally, ARA urges TSA and DOT to consider selecting appropriate locations for fingerprinting and background check facilities to serve rural agricultural industry drivers. If the TSA agents or state administration facilities are only in major cities, the agricultural community will unduly suffer. TSA has estimated that one half of the states will operate their own service while TSA contractors will be selected to serve in the other states. ARA is concerned that there will be an uneven service application favoring urban clients. ARA asks that TSA and the states administrations consider the rural community when selecting contractors and planning the physical locations. Thank you for the opportunity to comment. If you need additional information or would like to discuss any of these issues or have questions regarding ARA’s comments, please contact me by phone 202-457-0825 or by email at jthrift@aradc.org. Sincerely, James D. Thrift VP Regulatory Affairs & Corporate Relations