Transportation Worker Identification Credential Implementation: Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
Federal Register: August 28, 2008 (Volume 73, Number 168)
Rules and Regulations
Page 50721-50722
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr28au08-11
DEPARTMENT OF HOMELAND SECURITY
Coast Guard 33 CFR Part 105
Docket Nos. TSA-2006-24191; USCG-2006-24196
Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
AGENCY: United States Coast Guard; DHS.
ACTION: Notice of compliance date, Captain of the Port Zones Baltimore,
Delaware Bay, Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego.
SUMMARY: This document informs owners and operators of facilities located within Captain of the Port Zones Baltimore, Delaware Bay,
Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego that they must implement access control procedures utilizing TWIC no later than December 30, 2008.
DATES: The compliance date for the TWIC regulations found in 33 CFR part 105 for Captain of the Port Zones Baltimore, Delaware Bay, Mobile,
Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego is
December 30, 2008.
ADDRESSES: Comments and material received from the public, as well as documents mentioned in this document as being available in the docket, are part of dockets TSA-2006-24191 and USCG-2006-24196, and are available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington,
Page 50722
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also find this docket on the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
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Regulatory History
On May 22, 2006, the Department of Homeland Security (DHS) through the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four public meetings. The Coast Guard and TSA issued a joint final rule, under the same title, on January 25, 2007 (72 FR 3492) (hereinafter referred to as the original TWIC final rule). The preamble to that final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
On May 7, 2008, the Coast Guard and TSA issued a final rule to realign the compliance date for implementation of the Transportation
Worker Identification Credential. 73 FR 25562. The date by which mariners need to obtain a TWIC, and by which owners and operators of vessels and outer continental shelf facilities must implement access control procedures utilizing TWIC, is now April 15, 2009 instead of
September 25, 2008. Owners and operators of facilities that must comply with 33 CFR part 105 will still be subject to earlier, rolling compliance dates, as set forth in 33 CFR 105.115(e). The Coast Guard will continue to announce rolling compliance dates, as provided in 33
CFR 105.115(e), at least 90 days in advance via notices published in the Federal Register. The final compliance date for all COTP Zones will not be later than April 15, 2009.
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Notice of Facility Compliance Date--COTP Zones Baltimore, Delaware
Bay, Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San
Diego
Title 33 CFR 105.115(e) currently states that ``[f]acility owners and operators must be operating in accordance with the TWIC provisions in this part by the date set by the Coast Guard in a Notice to be published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR 105.115(e) located within COTP Zones Baltimore, Delaware Bay, Mobile,
Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego that the deadline for their compliance with Coast Guard and TSA TWIC requirements is December 30, 2008.
The TSA and Coast Guard have determined that this date provides sufficient time for the estimated population required to obtain TWICs for these COTP Zones to enroll and for TSA to complete the necessary security threat assessments for those enrollment applications. We strongly encourage persons requiring unescorted access to facilities regulated by 33 CFR part 105 and located in one of these COTP Zones to enroll for their TWIC as soon as possible, if they haven't already.
Additionally, we note that the TWIC Final Rule advises owners and operators of MTSA regulated facilities of their responsibility to notify employees of the TWIC requirements. Specifically, 33 CFR 105.200(b)(14) requires owners or operators of MTSA regulated facilities to ``[i]nform facility personnel of their responsibility to apply for and maintain a TWIC, including the deadlines and methods for such applications.'' Information on enrollment procedures, as well as a link to the pre-enrollment Web site (which will also enable an applicant to make an appointment for enrollment), may be found at https://twicprogram.tsa.dhs.gov/ TWICWebApp/.
You may also visit our Web site at homeport.uscg.mil/twic for a framework showing expected future compliance dates by COTP Zone. This list is subject to change; changes in expected future compliance dates will appear on that website. The exact compliance date for COTP Zones will also be announced in the Federal Register at least 90 days in advance.
Dated: August 22, 2008.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
FR Doc. E8-19990 Filed 8-27-08; 8:45 am
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