52924 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

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 Hampton 

Roads, Morgan City, New Orleans, 

Upper Mississippi River, Miami, Key 

West, and St. Petersburg. 

SUMMARY: This document informs 

owners and operators of facilities 

located within Captain of the Port Zones 

Hampton Roads, Morgan City, New 

Orleans, Upper Mississippi River, 

Miami, Key West, and St. Petersburg 

that they must implement access control 

procedures utilizing TWIC no later than 

January 13, 2009. 

DATES: The compliance date for the 

TWIC regulations found in 33 CFR part 

105 for Captain of the Port Zones 

Hampton Roads, Morgan City, New 

Orleans, Upper Mississippi River, 

Miami, Key West, and St. Petersburg is 

January 13, 2009. 

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, 

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 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: 

I. 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. 

II. Notice of Facility Compliance Date— 

COTP Zones Hampton Roads, Morgan 

City, New Orleans, Upper Mississippi 

River, Miami, Key West, and St. 

Petersburg 

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 

Hampton Roads, Morgan City, New 

Orleans, Upper Mississippi River, 

Miami, Key West, and St. Petersburg 

that the deadline for their compliance 

with Coast Guard and TSA TWIC 

requirements is January 13, 2009. 

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 

Web site. The exact compliance date for 

COTP Zones will also be announced in 

the Federal Register at least 90 days in 

advance. 

Dated: September 5, 2008. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Chief, Ports and 

Facilities Activities. 

[FR Doc. E8–21218 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0848] 

Drawbridge Operation Regulation; 

Harlem River, New York City, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Triborough (125 

Street) Bridge across the Chelsea River, 

mile 1.3, at New York City, New York. 


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