[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]
[Page 63376-63377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA-2006-24191; USCG-2006-24196]
Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License
AGENCY: United States Coast Guard; DHS.
ACTION: Notice of extension of compliance date, Captain of the Port
Zone Port Arthur.
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SUMMARY: This document informs owners and operators of facilities
located within Captain of the Port Zone Port Arthur that the date by
which they must implement access control procedures utilizing TWIC has
been extended to no later than April 14, 2009. This extension is due to
the disruption in enrollment capacity caused by Hurricane Ike.
DATES: The new compliance date for the TWIC regulations found in 33 CFR
part
[[Page 63377]]
105 for Captain of the Port Zone Port Arthur is April 14, 2009.
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 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
announced the 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.
On July 16, 2008, we announced the compliance date for COTP Zone
Port Arthur would be November 28, 2008. 73 FR 40739.
II. Notice of Facility Compliance Date--COTP Zone Port Arthur
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 Port Arthur that the deadline for
their compliance with Coast Guard and TSA TWIC requirements has been
extended until April 14, 2009.
This extension is being granted due to the disruption to enrollment
and port activities in the wake of Hurricane Ike. The TSA and Coast
Guard have determined that this new 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. This date also aligns
COTP Zone Port Arthur with the compliance date for COTP Zone Houston-
Galveston. 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 visit our Web site at homeport.uscg.mil/twic for a listing
of all compliance dates by COTP Zone. This list is subject to change;
any changes in compliance dates will appear on that Web site and be
announced in the Federal Register at least 90 days in advance.
Dated: October 15, 2008.
Mark P. O'Malley,
Captain, U.S. Coast Guard Chief, Ports and Facilities Activities.
[FR Doc. E8-25450 Filed 10-23-08; 8:45 am]
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