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DHS/TSA | RIN: 1652-AA41 | Publication ID: Fall 2008 |
Title: Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Drivers License | |
Abstract: The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issued a final rule on January 25, 2007, implementing provisions of the Maritime Transportation Security Act of 2002. The rule requires credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). After enrollment in a Captain of the Port Zone is complete, persons without TWICs will not be granted unescorted access to secure areas at affected maritime facilities or on vessels. The final rule enhances the security of ports by requiring security threat assessments of persons with unescorted access to secure areas. In the final rule, TSA applies its security threat assessment standards that apply to commercial drivers authorized to transport hazardous materials to merchant mariners and workers who require unescorted access to secure areas on vessels and at maritime facilities. To minimize redundant background checks of workers, TSA amended the threat assessment standards to include a process by which TSA determines if a background check conducted by another governmental agency is comparable to the standards in this rule. TSA expanded existing appeal and waiver provisions to apply to TWIC applicants and air cargo employees who undergo a security threat assessment. These modifications include a process for the review of adverse waiver decisions and certain disqualification cases by an administrative law judge. TSA also extends the time period in which applicants may apply for an appeal or waiver. The rule establishes the user fee and card replacement fee for the TWIC. The standard TWIC fee total is $132.50, and is valid for five years. Workers with current, comparable background checks will pay a reduced fee of $105.25. The cost of a replacement TWIC, if the original is lost, stolen, or damaged is $60. | |
Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: Yes | Unfunded Mandates: Private Sector |
CFR Citation: 33 CFR 101 33 CFR 103 to 106 33 CFR 125 46 CFR 10 46 CFR 12 46 CFR 15 49 CFR 1515 49 CFR 1570 49 CFR 1572 | |
Legal Authority: 6 USC 469 18 USC 842 18 USC 845 46 USC 70105 49 USC 114 49 USC 5103a 49 USC 40113 49 USC 44903 49 USC 46105 |
Legal Deadline:
None |
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Timetable:
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Additional Information: Joint rulemaking with Department of Homeland Security, United States Coast Guard (Docket No. Coast Guard-2006-24196) | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions | Federalism: Yes |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
Related RINs: Merged with 1652-AA27, Related to 1652-AA47, Related to 1625-AB02, Related to 1625-AB21 | |
Agency Contact: Maurine Fanguy TWIC Project Manager Department of Homeland Security Transportation Security Administration Office of Threat Assessment & Credentialing, TSA-19, HQ, E8, 601 South 12th Street, Arlington, VA 20598-6019 Phone:571 227-3741 Email: maurine.fanguy@dhs.gov Christine Beyer Senior Counsel, Regulations and Security Standards Department of Homeland Security Transportation Security Administration TSA-2, Chief Counsel, Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002 Phone:571 227-3653 Email: christine.beyer@tsa.dhs.gov |