From: Subject: FR Doc E8-4901 Date: Thu, 13 Mar 2008 11:03:25 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-4901.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-4901 
[Federal Register: March 12, 2008 (Volume 73, Number =
49)]
[Rules and Regulations]              =20
[Page 13155-13156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-36]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1572

[Docket Nos. TSA-2006-24191; TSA Amendment No. 1572-8]
RIN 1652-AA41

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Title: Transportation Worker Identification Credential (TWIC)=20
Implementation in the Maritime Sector; Hazardous Materials Endorsement=20
for a Commercial Driver's License; Correction

AGENCY: Transportation Security Administration, DHS.

ACTION: Correcting amendments.

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SUMMARY: This amendment clarifies that E-2 Visa (Treaty Investor)=20
holders are eligible for a Transportation Worker Identification=20
Credential (TWIC), and corrects an error in the final rule published on=20
January 25, 2007 72 FR 4392. The amendment adds the E-2 Visa as one of=20
the permissible visa categories for TWIC applicants. Holders of E-2=20
Visas were explicitly listed as eligible to hold a TWIC in the preamble=20
of the rule, and therefore, this revision carries out the intent of the=20
rule.

DATES: Effective on March 12, 2008.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, Office of Chief=20
Counsel, TSA-2, Transportation Security Administration, 601 South 12th=20
Street, Arlington, VA 22202-4220; telephone (571) 227-2657; facsimile=20
(571) 227-1380; e-mail Christine.Beyer@dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2007, the Department of Homeland Security (DHS),=20
through TSA and the United States Coast Guard (Coast Guard), issued a=20
final rule to further secure the Nation's ports and modes of=20
transportation. The rule implemented the Maritime Transportation=20
Security Act of 2002 and the Security and Accountability for Every Port=20
Act of 2006. Those statutes establish requirements regarding the=20
promulgation of regulations that require credentialed merchant mariners=20
and workers with unescorted access to secure areas of vessels and=20
facilities to undergo a security threat assessment and receive a=20
biometric credential, known as a Transportation Worker Identification=20
Credential (TWIC). Subsequently, TSA corrected and amended the final=20
rule on February 7, 2007 (72 FR 5632); March 26, 2007 (72 FR 14049);=20
March 30, 2007 (72 FR 15195); and September 28, 2007 (72 FR 55043).
    In the January 2007 final rule, TSA applied its security threat=20
assessment standards that already applied to commercial drivers=20
authorized to transport hazardous materials in commerce to merchant=20
mariners and workers who require unescorted access to secure areas on=20
vessels and at maritime facilities. Also, TSA amended the qualification=20
standards by changing the list of crimes that disqualify an individual=20
from holding a TWIC or a hazardous materials endorsement (HME), and=20
expanded the immigration standards to permit additional lawful=20
nonimmigrants to apply for and hold a TWIC or HME.
    In selecting the immigration status and visa categories that are=20
eligible for a TWIC, TSA focused on the professionals and specialized=20
workers who are employed prevalently in the maritime industry to work=20
on vessels or other equipment unique to the maritime industry. In the=20
final rule, TSA stated that an alien holding one of the following visa=20
categories would be eligible to apply for a TWIC: (1) H-1B Special=20
Occupations; (2) H-1B1 Free Trade Agreement; (3) E-1 Treaty Trader; (4)=20
E-2 Treaty Investor; (5) E-3 Australian in Specialty Occupation; (6) L-
1 Intra Company Executive Transfer; (7) O-1 Extraordinary Ability; or=20
(8) TN North American Free Trade Agreement. See 72 FR 3551. However, we=20
inadvertently omitted the E-2 Treaty Investor visa category from the=20
immigration standards in the rule text at 49 CFR 1572.105. With this=20
correcting amendment, we revise Sec.  1572.105 to add the E-2 Treaty=20
Investor as an eligible category for TWIC. This addition requires=20
renumbering paragraph (a)(7) and making conforming editorial changes.=20
Former subparagraph (a)(7)(x) is revised so that it correctly applies=20
to all of paragraph (a)(7), not just (a)(7)(i)-(viii).

List of Subjects in 49 CFR Part 1572

    Appeals, Commercial drivers license, Criminal history background=20
checks, Explosives, Facilities, Hazardous materials, Incorporation by=20
reference, Maritime security, Motor carriers, Motor vehicle carriers,=20
Ports, Seamen, Security

[[Page 13156]]

measures, Security threat assessment, Vessels, Waivers.

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Accordingly, 49 CFR part 1572 is corrected by making the following=20
correcting amendment:

PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS

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1. The authority citation for part 1572 continues to read as follows:

    Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and=20
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.49 U.S.C.


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2. In Sec.  1572.105, amend paragraph (a) as follows:
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a. Revise paragraph (a)(7)(ix).
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b. Redesignate paragraph (a)(7)(x) as paragraph (xi) and revise.
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c. Add new paragraph (a)(7)(x).


Sec.  1572.105  Immigration status.

    (a) * * *
    (7) * * *
    (ix) TN North American Free Trade Agreement;
    (x) E-2 Treaty Investor; or
    (xi) Another authorization that confers legal status, when TSA=20
determines that the legal status is comparable to the legal status set=20
out in paragraph (a)(7) of this section.
* * * * *

    Issued in Arlington, Virginia, on March 6, 2008.
Mardi Ruth Thompson,
Deputy Chief Counsel for Regulations, Transportation Security=20
Administration.
 [FR Doc. E8-4901 Filed 3-11-08; 8:45 am]

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