From: Subject: FR Doc E8-19990 Date: Thu, 28 Aug 2008 11:36:58 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-19990.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-19990 
[Federal Register: August 28, 2008 (Volume 73, Number =
168)]
[Rules and Regulations]              =20
[Page 50721-50722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-11]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

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

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of compliance date, Captain of the Port Zones Baltimore,=20
Delaware Bay, Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh,=20
and San Diego.

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SUMMARY: This document informs owners and operators of facilities=20
located within Captain of the Port Zones Baltimore, Delaware Bay,=20
Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego=20
that they must implement access control procedures utilizing TWIC no=20
later than December 30, 2008.

DATES: The compliance date for the TWIC regulations found in 33 CFR=20
part 105 for Captain of the Port Zones Baltimore, Delaware Bay, Mobile,=20
Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego is=20
December 30, 2008.

ADDRESSES: Comments and material received from the public, as well as=20
documents mentioned in this document as being available in the docket,=20
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are=20
available for inspection or copying at the Docket Management Facility,=20
U.S. Department of Transportation, West Building Ground Floor, Room=20
W12-140, 1200 New Jersey Avenue, SE., Washington,

[[Page 50722]]

DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except=20
Federal holidays. You may also find this docket on the Internet at=20
http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this=20
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you=20
have questions on viewing the docket, call Renee V. Wright, Program=20
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through=20
the United States Coast Guard (Coast Guard) and the Transportation=20
Security Administration (TSA) published a joint notice of proposed=20
rulemaking entitled ``Transportation Worker Identification Credential=20
(TWIC) Implementation in the Maritime Sector; Hazardous Materials=20
Endorsement for a Commercial Driver's License'' in the Federal Register=20
(71 FR 29396). This was followed by a 45-day comment period and four=20
public meetings. The Coast Guard and TSA issued a joint final rule,=20
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter=20
referred to as the original TWIC final rule). The preamble to that=20
final rule contains a discussion of all the comments received on the=20
NPRM, as well as a discussion of the provisions found in the original=20
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to=20
realign the compliance date for implementation of the Transportation=20
Worker Identification Credential. 73 FR 25562. The date by which=20
mariners need to obtain a TWIC, and by which owners and operators of=20
vessels and outer continental shelf facilities must implement access=20
control procedures utilizing TWIC, is now April 15, 2009 instead of=20
September 25, 2008. Owners and operators of facilities that must comply=20
with 33 CFR part 105 will still be subject to earlier, rolling=20
compliance dates, as set forth in 33 CFR 105.115(e). The Coast Guard=20
will continue to announce rolling compliance dates, as provided in 33=20
CFR 105.115(e), at least 90 days in advance via notices published in=20
the Federal Register. The final compliance date for all COTP Zones will=20
not be later than April 15, 2009.

II. Notice of Facility Compliance Date--COTP Zones Baltimore, Delaware=20
Bay, Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San=20
Diego

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners=20
and operators must be operating in accordance with the TWIC provisions=20
in this part by the date set by the Coast Guard in a Notice to be=20
published in the Federal Register.'' Through this Notice, the Coast=20
Guard informs the owners and operators of facilities subject to 33 CFR=20
105.115(e) located within COTP Zones Baltimore, Delaware Bay, Mobile,=20
Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego that=20
the deadline for their compliance with Coast Guard and TSA TWIC=20
requirements is December 30, 2008.
    The TSA and Coast Guard have determined that this date provides=20
sufficient time for the estimated population required to obtain TWICs=20
for these COTP Zones to enroll and for TSA to complete the necessary=20
security threat assessments for those enrollment applications. We=20
strongly encourage persons requiring unescorted access to facilities=20
regulated by 33 CFR part 105 and located in one of these COTP Zones to=20
enroll for their TWIC as soon as possible, if they haven't already.=20
Additionally, we note that the TWIC Final Rule advises owners and=20
operators of MTSA regulated facilities of their responsibility to=20
notify employees of the TWIC requirements. Specifically, 33 CFR=20
105.200(b)(14) requires owners or operators of MTSA regulated=20
facilities to ``[i]nform facility personnel of their responsibility to=20
apply for and maintain a TWIC, including the deadlines and methods for=20
such applications.'' Information on enrollment procedures, as well as a=20
link to the pre-enrollment Web site (which will also enable an=20
applicant to make an appointment for enrollment), may be found at=20
htt=
p://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&am=
p;log=3Dlinklog&to=3Dhttps://twicprogram.tsa.dhs.gov/ =
TWICWebApp/.
    You may also visit our Web site at homeport.uscg.mil/twic for a=20
framework showing expected future compliance dates by COTP Zone. This=20
list is subject to change; changes in expected future compliance dates=20
will appear on that website. The exact compliance date for COTP Zones=20
will also be announced in the Federal Register at least 90 days in=20
advance.

    Dated: August 22, 2008.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
[FR Doc. E8-19990 Filed 8-27-08; 8:45 am]

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