Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
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###### Department of Homeland Security

###### Coast Guard 

          - 33 CFR Part 105 
          - [Docket Nos. TSA-2006-24191; USCG-2006-24196] 

# AGENCY:

United States Coast Guard; DHS. 

# ACTION:

Notice of compliance date, Captain of the Port Zone New York. 

# SUMMARY:

This document informs owners and operators of facilities located within Captain of the Port Zone New York that they must implement access control procedures utilizing TWIC no later than March 23, 2009. 

# DATES:

The compliance date for the TWIC regulations found in 33 CFR part 105 for Captain of the Port Zone New York is March 23, 2009. 

      ( print page 60952)    

# 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                         *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:

## 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 Zone New York 

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 Zone New York that the deadline for their compliance with Coast Guard and TSA TWIC requirements is March 23, 2009.                 

                    The TSA and Coast Guard have determined that this date provides sufficient time for the estimated population required to obtain TWICs for this COTP Zone 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 this COTP Zone 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: October 7, 2008. 

David W. Murk, 

Commander, U.S. Coast Guard,  Acting Chief, Ports and Facilities Activities.

[FR Doc. E8-24525 Filed 10-14-08; 8:45 am] 

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