[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Page 52924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21218]



[[Page 52924]]

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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.

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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]
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