TSA and Coast Guard Issue Final Rule to Implement TWIC in the Maritime Sector, Etc. (Part I - Overview)

According to an associated FAQ, TWIC will be a tamper-resistant "Smart Card" containing a biometric (fingerprint template) to allow for a positive link between the card itself and the individual. An estimated 750,000 individuals will be required to obtain a TWIC. This includes Coast Guard-credentialed merchant mariners, port facility employees, longshoremen, truck drivers, and others requiring unescorted access to secure areas of maritime facilities and vessels regulated by the MTSA.

This is Part I of a multi-part series of summaries on the final rule and highlights some of its provisions. See future issues of ITT for additional summaries.

Effective Dates for TWIC Requirements

The final rule provides the following information regarding TWIC effective dates:

TWIC requirement for facilities/workers to be phased in. The requirement for workers (i.e. port facility employees, longshoremen, truck drivers, etc.) seeking unescorted access to secure areas of a facility (including outer continental shelf facilities) to hold a TWIC, and to restrict access to secure areas of a facility, will be phased in on a Captain of the Port (COTP) by COTP zone basis. The compliance date for each COTP zone will be published in the Federal Register at least 90 days in advance of the requirement.

TWIC requirement for vessels/Coast Guard credentialed merchant mariners, etc. is September 25, 2008. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners must possess a TWIC by September 25, 2008.

Card Reader Requirement Not Included (But to be Proposed in 2007)

This final rule does not include the TWIC card reader requirements for owners and operators that were announced in the proposed rule. According to the preamble, such requirements will be addressed in a future proposed rule to be issued in 2007. (See ITT's Online Archives or 06/05/06 news, 06060525, for the final part of BP summaries on the proposed rule, with links to previous parts. See ITT's Online Archives or 08/22/06 news, 06082220, for BP summary announcing that the first phase of TWIC implementation would not require the purchase/installation of card readers.)

Overview of the Initial Rollout of TWIC

During the initial rollout of TWIC, workers will present their cards to authorized personnel, who will compare the holder to his or her photo, inspect security features on the TWIC and evaluate the card for signs of tampering. The Coast Guard will verify TWICs when conducting vessel and facility inspections and during spot checks using hand-held scanners, ensuring credentials are valid.

User Fees, Comments Requested on Increasing Fee for Replacement Cards

This final rule also establishes the user fees for the TWIC, as follows: (1) Standard TWIC Fee- $139-159 and (2) and Reduced TWIC fee- $107-127 (see final rule for details). This final rule sets the card replacement fee at $36; however, TSA is considering raising the fee to $60 as it has learned the cost associated with replacing the card would be higher. TSA invites comment on the card replacement fee by February 26, 2007.

(Note that the Coast Guard has issued a Supplemental Notice of Proposed Rulemaking (SNPRM) for the Consolidation of Merchant Mariner Qualification Credentials rulemaking project to amend its May 2006 proposed rule. The purpose of this SNPRM is to address comments received from the public on the proposed rule, revise the proposed rule based on those comments, and provide the public with an additional opportunity to comment on the proposed revisions. This revised proposed rule would work in tandem with the joint TWIC final rule. Comments and related material are due on or before April 25, 2007.)

(See ITT's Online Archives or 01/08/07 news, 07010899 2, for BP summary announcing the availability of this final rule. See ITT's Online Archives or 01/22/07 news, 07012299 2, for BP summary announcing that the TWIC pilot program is expected to be launched at 10 ports by April 13, 2007. See ITT's Online Archives or 10/19/06 news, 06101920, for part XI of BP's summary on the SAFE Port Act, which calls for the implementation of a pilot card reader program.)

• written comments on the TWIC replacement fee must be submitted by February 26, 2007

-written comments on the Coast Guard's SNPRM must be received on or before April 25, 2007

TSA/CG TWIC final rule (FR Pub 01/25/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-19.pdf

TSA TWIC FAQ available at http://www.tsa.gov/what_we_do/layers/twic/twic_faqs.shtm

TSA TWIC Overview available at http://www.tsa.gov/what_we_do/layers/twic/index.shtm

Coast Guard SNPRM (FR Pub 01/25/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-18.pdf