C.F.R. » Title 49 » CHAPTER XII—TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—ADMINISTRATIVE AND PROCEDURAL RULES › PART 1515—APPEAL AND WAIVER PROCEDURES FOR SECURITY THREAT ASSESSMENTS FOR INDIVIDUALS

49 C.F.R. § 1515.1

Scope

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(a) Appeal. This part applies to applicants who are appealing an Initial Determination of Threat Assessment or an Initial Determination of Threat Assessment and Immediate Revocation in a security threat assessment (STA) as described in each of the following:

(1) 49 CFR part 1572 for a hazardous materials endorsement (HME) or a Transportation Worker Identification Credential (TWIC).

(2) 49 CFR part 1540, subpart C, which includes individuals engaged in air cargo operations who work for certain aircraft operators, foreign air carriers, indirect air carriers (IACs), or certified cargo screening facilities.

(b) Waivers. This part applies to applicants for an HME or TWIC who undergo a security threat assessment described in 49 CFR part 1572 and are eligible to request a waiver of certain standards.

[72 FR 3588, Jan. 25, 2007, as amended at 74 FR 47695, Sept. 16, 2009; 76 FR 51867, Aug. 18, 2011]
Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Boniface v. United States Dep't of Homeland Sec., 613 F.3d 282 (D.C. Cir. 2010).
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Boniface v. United States Dep't of Homeland Sec., 613 F.3d 282 (D.C. Cir. 2010). “This possibility depends upon the questionable interpretation of the phrase “new evidence or information” in 49 C.F.R. § 1515.1 l(b)(l)(i) put forward, it seems, for the first time in the Government’s brief in this proceeding: "In TSA's view, 'new' evidence includes evidence…”
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