TSA and Coast Guard Final Rule to Implement TWIC in the Maritime Sector, Etc. (Part V)

TWIC will be a tamper-resistant "Smart Card" containing a fingerprint template (biometric), among other things.

TWIC Requirements, Access Restrictions to be Phased-In at Facilities, Etc.

Although the final rule goes into effect on March 26, 2007, the requirements to hold a TWIC, and to restrict access to secure areas of a facility or Outer Continental Shelf (OCS) facility will be effective only after the regulated party is notified by the Department of Homeland Security (DHS). These notifications will be published in the Federal Register and will require compliance on a Captain of the Port (COTP) by COTP basis. Those seeking access aboard affected vessels, and all Coast Guard credentialed merchant mariners, must possess a TWIC by September 25, 2008.

This is Part V of a multi-part series of summaries of the final rule, and highlights the final rule's three types of TWIC fees: (1) the Standard TWIC fee of $137.25, (2) the Reduced TWIC Fee of $105.25, and (3) the Card Replacement Fee of $36.

(See ITT's Online Archives, or 01/31/07, 02/16/07, 02/23/07, and 02/28/07 news, 07013115, 07021615, 07022320, and 07022815 for Parts I- IV. See future issues of ITT for additional summaries.)

Fees Established by Contract with Lockheed Martin, Fees Valid for Five Years

According to a TSA press release, TSA has executed a contract with Lockheed Martin Corporation for the initial deployment of the TWIC program, which states that the fees will be valid for five years from March 26, 2007.

Standard TWIC Fee of $137.25, Consists of Enrollment, Full Card Production/STA, and FBI Segments

The final rule states that the Standard TWIC Fee is the fee that an applicant would pay to obtain or renew a TWIC. The Standard TWIC Fee will be a total of $137.25.

According to the final rule and TSA sources, the Standard TWIC Fee consists of the (1) Enrollment Segment ($43.25), (2) the Full Card Production/Security Threat Assessment (STA) Segment ($72.00), and (3) the FBI Segment ($22.00).

Reduced TWIC Fee of $105.25, Consists of Enrollment and Reduced Card Production/STA Segments

The final rule states that the Reduced TWIC Fee is the fee an applicant would pay to obtain a TWIC when the applicant has undergone a comparable threat assessment in connection with a hazardous materials endorsement (HME), a Free and Secure Trade (FAST) card, or other threat assessment, as provided in 49 CFR 1572.5(e), or holds a Merchant Mariner's Document (MMD) or License as provided in 49 CFR 1572.19(b). The Reduced TWIC Fee will be a total of $105.25.

According to the final rule and TSA sources, the Reduced TWIC Fee consists of the (1) Enrollment Segment ($43.25) and (2) the Reduced Card Production/STA Segment ($62.00).

Card Replacement Fee of $36, TSA Proposes to Raise Fee to $60

The final rule states that the Card Replacement Fee is the fee that an applicant would pay to replace a credential that has been lost, stolen, or damaged and is made up of the Card Replacement Segment.

In this final rule, TSA establishes the Replacement Card Fee of $36, as was in the proposed rule. However, TSA's analysis shows that this fee is costed out at $60, but is not including that amount in the final rule due to the large difference in amount from the proposed rule. TSA proposes in this final rule to change the Replacement Card Fee to $60 based on the reevaluation of costs elements, and has requested comments only on this fee, which were due by February 26, 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 press release on contract with Lockheed Martin, dated 01/29/07, available at http://www.tsa.gov/press/releases/2007/press_release_01292007.shtm