Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 13023 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

EPA interprets Executive Order 13045 

as applying to those regulatory actions 

that concern health or safety risks, such 

that the analysis required under section 

5–501 of the Executive Order has the 

potential to influence the regulation. 

This notice of reconsideration is not 

subject to Executive Order 13045 

because the large MWC final rule is 

based on technology performance. Also, 

this notice of reconsideration is not 

‘‘economically significant.’’

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This notice of reconsideration is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 (Pub. L. 104–113; 

15 U.S.C. 272 note) directs EPA to use 

voluntary consensus standards in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, 

business practices) that are developed or 

adopted by one or more voluntary 

consensus bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

with explanations when EPA does not 

use available and applicable voluntary 

consensus standards. 

EPA is not proposing to make any 

changes to the regulatory requirements 

in the large MWC final rule in this 

action, including requirements that 

involve technical standards. As a result, 

the NTTAA discussion set forth in the 

May 10, 2006, final rule remains valid. 

The requirements of NTTAA, therefore, 

do not apply to this action. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: March 14, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–5022 Filed 3–19–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Parts 1544, 1546, and 1548 

[Docket No. TSA–2004–19515; Amendment 

Nos. 1544–7, 1546–4, and 1548–4] 

RIN 1652–AA52 

Air Cargo Security Requirements; 

Compliance Dates; Amendment 

AGENCY: Transportation Security 

Administration (TSA), DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This interim final rule (IFR) 

amends the Air Cargo Security 

Requirements final rule (Air Cargo Final 

Rule) by extending the compliance dates 

by which aircraft operators, foreign air 

carriers, and indirect air carriers (IACs) 

must ensure that their employees and 

agents with unescorted access to cargo, 

and IAC proprietors, general partners, 

officers, directors, and certain owners of 

the entity successfully complete a 

Security Threat Assessment (STA). This 

extension is based on technology 

problems that TSA is experiencing with 

the processing of STA applications. 

DATES:

Effective Date: This rule is effective 

March 20, 2007. 

Comment Date: Comments must be 

received by May 21, 2007. 

Compliance Dates: Compliance date 

for STAs for employees under 

§§ 1544.228, 1546.213, 1548.15, and for 

IAC proprietors, general partners, 

officers, directors and certain owners of 

the entity under § 1548.16: Changed 

from March 15, 2007, to a requirement 

that the operators submit names and 

other identifying information to TSA by 

May 15, 2007. The date that all covered 

individuals must have successfully 

completed the STAs is extended to a 

date that TSA will specify in a future 

notice in the Federal Register. 

Compliance dates for STAs for agents 

under §§ 1544.228, 1546.213, and 

1548.15: Changed from June 15, 2007, to 

a requirement that the operators submit 

names and other identifying information 

to TSA by July 15, 2007. The date that 

all covered individuals must have 

successfully completed the STAs is 

extended to a date that TSA will specify 

in a future notice in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by the TSA docket number to 

this rulemaking, using any one of the 

following methods: 

Comments Filed Electronically: You 

may submit comments through the 

docket Web site at http://dms.dot.gov. 

You also may submit comments through 

the Federal Rulemaking portal at 

http://www.regulations.gov. 

Comments Submitted by Mail, Fax, or 

In Person: Address or deliver your 

written, signed comments to the Docket 

Management System, U.S. Department 

of Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001; Fax: 202–493–2251. 

See SUPPLEMENTARY INFORMATION for 

format and other information about 

comment submissions. 

FOR FURTHER INFORMATION CONTACT: 

Tamika McCree, Office of 

Transportation Security Network 

Management (TSA–28), Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 22202; (571–

227–2632); tamika.mccree@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This interim final rule is being 

adopted without prior notice and prior 

public comment. However, to the 

maximum extent possible, TSA will 

provide an opportunity for public 

comment on regulations issued without 

prior notice. Accordingly, TSA invites 

interested persons to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. See ADDRESSES above for 

information on where to submit 

comments. 

With each comment, please include 

your name and address, identify the 

docket number at the beginning of your 

comments, and give the reason for each 

comment. The most helpful comments 

reference a specific portion of the 

rulemaking, explain the reason for any 

recommended change, and include 

supporting data. You may submit 

comments and material electronically, 

in person, by mail, or fax as provided 

under ADDRESSES, but please submit 

your comments and material by only 

one means. If you submit comments by 

mail or delivery, submit them in two 

copies, in an unbound format, no larger 


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13024 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 

1 ‘‘Sensitive Security Information’’ or ‘‘SSI’’ is 

information obtained or developed in the conduct 

of security activities, the disclosure of which would 

constitute an unwarranted invasion of privacy, 

reveal trade secrets or privileged or confidential 

information, or be detrimental to the security of 

transportation. The protection of SSI is governed by 

49 CFR part 1520. 

2 71 FR 30478. Certain compliance dates were 

corrected on June 2, 2006 (71 FR 31964). 

3 71 FR 62546. 

than 8.5 by 11 inches, suitable for 

copying and electronic filing. 

If you want TSA to acknowledge 

receipt of comments submitted by mail, 

include with your comments a selfaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it to you. 

TSA will file in the public docket all 

comments received by TSA, except for 

comments containing confidential 

information and sensitive security 

information (SSI).1 TSA will consider 

all comments received on or before the 

closing date for comments and will 

consider comments filed late to the 

extent practicable. The docket is 

available for public inspection before 

and after the comment closing date. 

Handling of Confidential or Proprietary 

Information and Sensitive Security 

Information (SSI) Submitted in Public 

Comments 

Do not submit comments that include 

trade secrets, confidential commercial 

or financial information, or SSI to the 

public regulatory docket. Please submit 

such comments separately from other 

comments on the rulemaking. 

Comments containing this type of 

information should be appropriately 

marked as containing such information 

and submitted by mail to the address 

listed in FOR FURTHER INFORMATION

CONTACT section. 

Upon receipt of such comments, TSA 

will not place the comments in the 

public docket and will handle them in 

accordance with applicable safeguards 

and restrictions on access. TSA will 

hold them in a separate file to which the 

public does not have access, and place 

a note in the public docket that TSA has 

received such materials from the 

commenter. If TSA receives a request to 

examine or copy this information, TSA 

will treat it as any other request under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552) and the Department of 

Homeland Security’s (DHS’s) FOIA 

regulation found in 6 CFR part 5. 

Reviewing Comments in the Docket 

Please be aware that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the applicable Privacy 

Act Statement published in the Federal 

Register on April 11, 2000 (65 FR 

19477), or you may visit http:// 

dms.dot.gov. 

You may review the comments in the 

public docket by visiting the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Dockets Office is located 

on the plaza level of the Nassif Building 

at the Department of Transportation 

address, previously provided under 

ADDRESSES. Also, you may review 

public dockets on the Internet at http:// 

dms.dot.gov. 

Availability of Rulemaking Document 

You can get an electronic copy using 

the Internet by—

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) web page 

(http://dms.dot.gov/search); 

(2) Accessing the Government 

Printing Office’s web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

In addition, copies are available by 

writing or calling the individual in the 

FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

Small Entity Inquiries 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires TSA to comply with small 

entity requests for information and 

advice about compliance with statutes 

and regulations within TSA’s 

jurisdiction. Any small entity that has a 

question regarding this document may 

contact the person listed in FOR FURTHER

INFORMATION CONTACT. Persons can 

obtain further information regarding 

SBREFA on the Small Business 

Administration’s web page at http:// 

www.sba.gov/advo/laws/law_lib.html. 

Background 

On May 26, 2006, TSA published a 

final rule in the Federal Register (the 

Air Cargo Final Rule).2 Certain 

compliance dates were changed by 

interim final rule on October 25, 2006.3

The Air Cargo Final Rule, in part, as 

amended, requires that aircraft 

operators, foreign air carriers, and 

indirect air carriers (IACs) ensure that 

security threat assessments (STAs) are 

completed on their employees and 

agents with unescorted access to cargo 

under §§ 1544.228, 1546.213, and 

1548.15; and on proprietors, general 

partners, officers, directors, and certain 

owners of an IAC entity under 

§ 1548.16. Under the final rule, the 

compliance date for these sections is 

March 15, 2007. The compliance date 

for STAs to be completed for agents of 

these entities is June 15, 2007. 

Since the publication of the interim 

rule in October 2006 extending the 

compliance dates for completion of 

STAs, TSA has encountered technical 

problems that will delay TSA’s ability to 

process the large number of STA 

applications for air cargo employees, 

agents, and IAC proprietors, general 

partners, officers, directors, and certain 

owners of the entity (IAC proprietors). 

TSA is working diligently on these 

problems and expects to resolve them 

within the next few months. 

Accordingly, TSA is extending the 

compliance dates for STAs for 

employees and agents of aircraft 

operators, foreign air carriers, and IACs 

under §§ 1544.228, 1546.213, 1548.15; 

and for IAC proprietors under § 1548.16. 

Because TSA is not certain when it will 

be possible to assure expeditious vetting 

of the individuals required to complete 

STAs, TSA has decided not to establish 

specific dates for when all covered 

individuals must have completed the 

STA before having unescorted access to 

air cargo or performing another covered 

function. Instead, TSA now is setting 

the dates by which the operators must 

submit the names and other identifying 

information of these individuals for 

whom TSA requires STAs. This 

information must be submitted to TSA 

by May 15, 2007, for employees and by 

July 15, 2007, for agents. After those 

dates, the operators may not allow 

unescorted access to air cargo for any 

individual, or allow an individual to 

perform another function for which a 

STA is required under these sections, 

unless the operator has submitted the 

information for that individual to TSA. 

In the future, TSA will issue a notice in 

the Federal Register establishing dates 

after which employees and agents must 

have successfully completed their STAs 

in order to hold positions for which 

STAs are required. 

Good Cause for Immediate Adoption 

and Immediate Effective Date 

TSA finds that good cause exists to 

issue this interim rule without 

providing the public prior notice and 

the opportunity for comment. Under 5 

U.S.C. 553(b), the requirements of notice 

and opportunity for comment do not 


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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 13025 

apply when the agency for good cause 

finds that it would be, ‘‘impracticable, 

unnecessary, or contrary to the public 

interest’’ to delay implementation of a 

rule to allow for prior notice and 

comment. As detailed above, TSA 

believes that: (a) Regulated parties will 

be largely unable to comply with the 

regulations in the time specified 

because the TSA IT systems are not 

ready; (b) no party will be adversely 

affected by the extensions; and (c) the 

lack of notice will not cause any 

hardship. Further, because the current 

compliance deadlines begin on March 

15, 2007, it would be impracticable to 

delay the extension of this deadline to 

allow for prior notice and comments. 

Accordingly, TSA finds that good cause 

exists under 5 U.S.C. 553(b) to 

implement this interim rule without 

prior notice and public comment on the 

extensions of the compliance dates in 

the provisions of the Air Cargo Final 

Rule. 

For the same reasons, TSA also finds 

that good cause exists under 5 U.S.C. 

553(d) to make this interim rule 

effective immediately upon publication 

in the Federal Register. TSA 

nevertheless invites written comments 

on this interim rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501. et seq.) requires 

that a Federal agency consider the 

impact of paperwork and other 

information collection burdens imposed 

on the public and, under the provisions 

of PRA Section 3507(d), obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. TSA has 

determined that there are no current or 

new information collection 

requirements associated with this rule. 

Regulatory Analyses 

Executive Order 12866 Assessment 

In conducting these analyses, TSA has 

determined that this rulemaking is not 

a ‘‘significant regulatory action’’ as 

defined in the Executive Order. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) (5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), requires agencies to perform a 

review to determine whether a proposed 

or final rule will have a significant 

economic impact on a substantial 

number of small entities when the 

Administrative Procedure Act (APA) 

requires notice and comment 

rulemaking. Consistent with the APA 

and for the reasons provided under 

‘‘Good Cause for Immediate Adoption,’’

TSA is issuing this rule as an IFR. 

Accordingly, the regulatory flexibility 

analysis as described in the RFA is not 

required. 

TSA notes, however, that we have 

analyzed the small business impacts of 

the air cargo rulemaking that this IFR 

amends. A Final Regulatory Flexibility 

Analysis (FRFA) was placed on the 

public docket in the Regulatory Impact 

Analysis document for the Air Cargo 

Final Rule issued on May 26, 2006. The 

extension of the compliance dates in 

this IFR provides more flexibility than 

the final rule. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. TSA has 

assessed the potential effect of this 

rulemaking and has determined that it 

will not create any unnecessary 

obstacles to foreign commerce. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 is intended, among other things, 

to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and tribal governments. Title II of 

the Act requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed or final agency rule that may 

result in a $100 million or more 

expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’

This rulemaking does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply and TSA has not prepared a 

statement under the Act. 

Executive Order 13132, Federalism 

TSA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have federalism implications. 

Environmental Analysis 

TSA has reviewed this action for 

purposes of the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4347) and has determined that 

this action will not have a significant 

effect on the human environment. 

Energy Impact Analysis 

The energy impact of the action has 

been assessed in accordance with the 

Energy Policy and Conservation Act 

(EPCA), Pub. L. 94–163, as amended (42 

U.S.C. 6362). We have determined that 

this rulemaking is not a major regulatory 

action under the provisions of the 

EPCA. 

List of Subjects 

49 CFR Part 1544 

Air carriers, Aircraft, Aviation safety, 

Freight forwarders, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Security measures. 

49 CFR Part 1546 

Aircraft, Aviation safety, Foreign Air 

Carriers, Incorporation by reference, 

Reporting and recordkeeping 

requirements, Security measures. 

49 CFR Part 1548 

Air transportation, Reporting and 

recordkeeping requirements, Security 

measures. 

The Amendment 

■ For the reasons set forth above, the 

Transportation Security Administration 

amends Title 49 of the Code of Federal 

Regulations, parts 1544, 1546, and 1548, 

as follows: 

PART 1544—AIRCRAFT OPERATOR 

SECURITY: AIR CARRIERS AND 

COMMERCIAL OPERATORS 

■ 1. The authority citation for part 1544 

continues to read as follows: 

Authority: 49 U.S.C. 114, 5103, 40113, 

44901–44905, 44907, 44913–44914, 44916–

44918, 44932, 44935–44936, 44942, 46105. 

■ 2. Amend § 1544.228 to revise 

paragraph (d) and to add new paragraph 

(e) to read as follows: 

§ 1544.228 Access to cargo: Security 

threat assessments for cargo personnel in 

the United States. 

* * * * * 

(d) Operators must submit to TSA the 

names and other identifying information 

required by TSA of all individuals 

required to successfully complete an 

assessment under paragraph (b) not later 


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13026 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 

1 72 FR 3492. 

2 72 FR 3506. 

than May 15, 2007, for direct employees 

and not later than July 15, 2007, for 

agents. After those dates, the operators 

may not allow an individual to perform 

a function for which a STA is required, 

unless the operator has submitted the 

information for that individual to TSA. 

(e) Operators must comply with the 

requirements of paragraphs (a), (b), and 

(c) of this section not later than the 

dates to be specified by TSA in a future 

rule in the Federal Register. 

PART 1546—FOREIGN AIR CARRIER 

SECURITY 

■ 3. The authority citation for part 1546 

continues to read as follows: 

Authority: 49 U.S.C. 114, 5103, 40113, 

44901–44905, 44907, 44914, 44916–44917, 

44935–44936, 44942, 46105. 

■ 4. Amend § 1546.213 by revising 

paragraph (d) and add new paragraph 

(e) to read as follows: 

§ 1546.213 Access to cargo: Security 

threat assessments for cargo personnel in 

the United States. 

* * * * * 

(d) Operators must submit to TSA the 

names and other identifying information 

required by TSA of all individuals 

required to successfully complete an 

assessment under paragraph (b) not later 

than May 15, 2007, for direct employees 

and not later than July 15, 2007, for 

agents. After those dates, the operators 

may not allow an individual to perform 

a function for which a STA is required, 

unless the operator has submitted the 

information for that individual to TSA. 

(e) Operators must comply with the 

requirements of paragraphs (a), (b), and 

(c) of this section not later than the 

dates to be specified by TSA in a future 

rule in the Federal Register. 

PART 1548—INDIRECT AIR CARRIER 

SECURITY 

■ 5. The authority citation for part 1548 

continues to read as follows: 

Authority: 49 U.S.C. 114, 5103, 40113, 

44901–44905, 44913–44914, 44916–44917, 

44932, 44935–44936, 46105. 

■ 6. Amend § 1548.15 by revising 

paragraph (d) and add new paragraph 

(e) to read as follows: 

§ 1548.15 Access to cargo: Security threat 

assessments for individuals having 

unescorted access to cargo. 

* * * * * 

(d) Operators must submit to TSA the 

names and other identifying information 

required by TSA of all individuals 

required to successfully complete an 

assessment under paragraph (b) not later 

than May 15, 2007, for direct employees 

and not later than July 15, 2007, for 

agents. After those dates, the operators 

may not allow an individual to perform 

a function for which a STA is required, 

unless the operator has submitted the 

information for that individual to TSA. 

(e) Operators must comply with the 

requirements of paragraphs (a), (b), and 

(c) of this section not later than the 

dates to be specified by TSA in a future 

rule in the Federal Register. 

■ 7. Amend § 1548.16 by revising 

paragraph (a) and add new paragraph 

(d) to read as follows: 

§ 1548.16 Security threat assessments for 

each proprietor, general partner, officer, 

director, and certain owners of the entity. 

(a) Each indirect air carrier, or 

applicant to be an indirect air carrier, 

must ensure that the names and other 

identifying information required by TSA 

of each proprietor, general partner, 

officer, director, and owner of the entity 

have been submitted to TSA for a 

Security Threat Assessment under part 

1540, subpart C, of this chapter not later 

than May 15, 2007. After those dates, 

the operators may not allow an 

individual to perform this function 

unless the operator has submitted the 

information for that individual to TSA. 

* * * * * 

(d) Each indirect air carrier, or 

applicant to be an indirect air carrier, 

must ensure that each proprietor, 

general partner, officer, director and 

owner of the entity has successfully 

completed a Security Threat Assessment 

under part 1540, subpart C, of this 

chapter not later than a date to be 

specified by TSA in a future rule in the 

Federal Register. 

* * * * * 

Issued in Arlington, Virginia, on March 14, 

2007. 

Kip Hawley, 

Assistant Secretary. 

[FR Doc. 07–1327 Filed 3–15–07; 2:14 pm] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1572 

[Docket No. TSA–2006–24191] 

RIN 1652–AA41 

Transportation Worker Identification 

Credential Fees 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Rule. 

SUMMARY: The Department of Homeland 

Security (DHS), through the 

Transportation Security Administration 

(TSA) and the U.S. Coast Guard, 

published a final rule on January 25, 

2007 that establishes requirements for 

merchant mariners and workers who 

need unescorted access to secure areas 

of maritime facilities and vessels. These 

individuals must successfully complete 

a security threat assessment conducted 

by TSA and hold a Transportation 

Worker Identification Credential (TWIC) 

in order to enter secure areas without 

escort. As required by statute, all TWIC 

applicants must pay a user fee to cover 

TSA’s costs to enroll applicants, 

complete security threat assessments, 

and issue biometric credentials. With 

this notice, we announce the user fees 

as follows: The total standard fee for a 

TWIC applicant is $137.25 and the 

reduced fee for applicants who have 

completed a prior comparable threat 

assessment is $105.25. 

DATES: Effective March 20, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Christine Beyer, Office of the Chief 

Counsel, TSA–2, Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 22202–4220; 

telephone (571) 227–2657; facsimile 

(571) 227–1380 e-mail 

Christine.Beyer@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security, through TSA and the U.S. 

Coast Guard, published a final rule on 

January 25, 2007 1 that establishes 

requirements for merchant mariners and 

workers who need unescorted access to 

secure areas of maritime facilities and 

vessels. These individuals must 

successfully complete a security threat 

assessment conducted by TSA and hold 

a TWIC that TSA issues in order to enter 

secure areas without escort. 

As required by sec. 520 of the 2004 

DHS Appropriations Act, Pub. L. 108–

90, TSA must collect user fees to cover 

the costs of implementing the TWIC 

program, including the cost to enroll all 

applicants, complete security threat 

assessments, provide an appeal and 

waiver process, and issue biometric 

credentials. 

As stated in the final rule,2 the fee is 

made up of three segments: Enrollment 

Segment; Full Card Production/Security 

Threat Assessment Segment; and FBI 

Segment. Most applicants will pay the 

Standard TWIC Fee, which includes all 

three segments. However, applicants 


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