[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Rules and Regulations]
[Pages 51082-51083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19844]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 6 and 125

[USCG-2002-12917]


Maritime Identification Credentials

AGENCY: Coast Guard, DOT.

ACTION: Clarification of regulation.

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SUMMARY: The Coast Guard brings to the public's attention, 
clarification of the identification credentials that would be 
acceptable to the Commandant under 33 CFR 125.09(f), for access to 
waterfront facilities and to port and harbor areas, including the 
vessels and harbor craft in them. The Coast Guard has authority and the 
rules in place for this measure. As specified in 33 CFR 6.10-5, 125.15, 
and 125.53, such credentials--in addition to those acceptable under 33 
CFR 125.09(a)-(e)--can, at a minimum, be laminated (or otherwise 
secured against tampering), contain the full name and a current 
photograph of the person, and bear the name of the issuing authority.

DATES: This clarification is effective on September 6, 2002.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, call Mr. 
Gerald Miante, Program Manager, Maritime Personnel Qualification 
Division, Coast Guard Headquarters, at (202) 267-0229. For questions on 
viewing materials already in the docket, call Ms. Dorothy Beard, Chief, 
Dockets, Department of Transportation, at 202-366-5149.

SUPPLEMENTARY INFORMATION:

Public Meetings

    Apublic meeting concerning initiatives toward international 
maritime security was held on January 3, 2002 (see Federal Register of 
December 14, 2001 [66 FR 64898]), at Coast Guard Headquarters, 
Washington, DC. A workshop concerning National Maritime Security was 
held on January 28-29, 2002 (see Federal Register of January 16, 2002 
[66 FR 2271]), in Washington, DC, to discuss issues of domestic 
maritime security.
    We are not receiving comments in response to this document because 
it simply clarifies existing requirements. You may see materials from 
the meeting and workshop, including our responses to comments we did 
receive, on the Internet at http://dms.dot.gov under docket number 
USCG-2002-11137.

Background

    On September 11, 2001, acts of terrorism were committed against the 
United States in New York, Virginia, and Pennsylvania. In light of 
these attacks, the security of all modes of transportation is being 
reevaluated. Under the provisions of Title 33, Code of Federal 
Regulations (33 CFR), parts 6 and 125, the Coast Guard has the 
authority and the rules in place to require identification credentials 
for access to waterfront facilities and to port and harbor areas, 
including vessels and harbor craft in them. This notice serves to 
announce a clarification of these rules and serves to direct the 
public's attention to 33 CFR 125.09(f) authorizing the Commandant of 
the Coast Guard to require approved identification credentials.
    In the week after September 11, the Secretary of the Department of 
Transportation (SECDOT) established the National Infrastructure 
Security Committee (NISC) to evaluate security in the surface modes of 
transportation and to provide recommendations for improvement. To reach 
that goal, the NISC created six ``Direct-Action Groups'' (DAGs) to 
generally examine each mode of transportation; and, pursuant to their 
initial studies, it established a seventh DAG, the Credentialing Direct 
Action Group (CDAG), to study the issue of a National Transportation 
Workers' Identification Card (TWIC) for all transportation workers and 
other persons who require access to secure areas at transportation 
facilities. Pending legislation has pointed to a need for such a card. 
Further, the Transportation Security Administration (TSA), newly formed 
within the Department of Transportation (DOT) itself, formed ``Go-
Teams''--short-term, highly focused working groups that are 
concentrating on various specific technologies and credentialing 
issues, such as card architecture, biometrics, and ``smart cards.'' 
More information about credentialing is available on the website of TSA 
at http://www.tsa.gov/.
    The goal of the CDAG is to fashion a nationwide solution to the 
problem of identifying workers that verifies their identity, validates 
their background information, assists transportation facilities in 
managing their security risks, and accounts for access of authorized 
personnel to transportation facilities and activities. The CDAG is 
seeking to identify a solution that would--
     Be fully inter-modal;
     Be built on existing technology, as well as on 
governmental and commercial business processes and infrastructure, as 
much as possible;
     Minimize the need for workers and other people to carry 
multiple ID cards;
     Ensure due protection of a card holder's privacy;
     Meet Congressional mandates as both expressed in current 
legislation and supported in pending legislation;
     Meet standards of the International Maritime Organization 
(IMO); and
     Be scalable and expandable to address future access-
enabling technologies.
    In terms developed by the workshop, the solution would be Secure, 
Acceptable, Reliable, and Uniform.
    The events of September 11 heightened awareness of waterfront 
vulnerability and the need for better control. This is a very dynamic 
area in which new risks are perceived and new technologies are 
available to address them. The Coast Guard intends to address those 
risks initially by resuming enforcement of existing rules, such as 33 
CFR Parts 6 and 125, until DOT, Congress, and the CDAG provide new 
guidance and direction for incorporating more effective, commerce-
friendly technology.
    The Coast Guard is continually participating in the CDAG's efforts 
and awaits its recommendations, as well as DOT's decision on the TWIC, 
to avoid proceeding in any direction that may be in conflict with the 
decision ultimately chosen by the Department. We recognize the 
necessity of gathering information so that we will be prepared to carry 
out our commitment to enhance maritime security in a timely manner. We 
also recognize the imperative of controlling access while we achieve a 
longer-term, comprehensive means of security. At this time we are not 
requesting that comments be submitted addressing this notice or its 
subject. However, before any new rulemaking the public will have the 
opportunity to comment.

Purpose

    This document serves to bring to the attention of the public 
clarification of the identification credentials deemed acceptable to 
the Commandant under 33 CFR 125.09(f). Furthermore, as stated in 33 CFR 
6.10-5, and in 33 CFR 125.09, 125.15, and 125.53, the Coast Guard may, 
from time to time, prevent

[[Page 51083]]

individuals without the proper identification credentials from gaining 
access to waterfront facilities, areas within the port and harbor, and 
on vessels and harbor craft. From September 6, 2002, every person 
(including passengers) entering a waterfront facility, or embarking on 
or disembarking from a vessel or a harbor craft, may use credentials 
that are laminated (or otherwise protected against tampering), contain 
the person's full name and a current photograph, and bear the name of 
the issuing authority to meet the requirements of 33 CFR 6.10-5, 33 CFR 
125.15, and 125.53.
    Because these credentials are for use essentially in the maritime 
realm, they bear the narrow label of ``maritime credentials.'' However, 
since the people carrying them will be representative of the inter-
modal community (shipping, trucking, and rail employees, as well as 
longshoremen and mariners), the credentials will not apply solely to 
personnel in the maritime realm. When the Department of Transportation 
makes a decision concerning the TWIC, the Coast Guard will reevaluate 
this action and determine how best to harmonize these requirements with 
any requirements by the Department of Transportation.
    At this time, we must limit identification credentials 
``satisfactory to the Commandant'' [33 CFR 6.10-5] to those issued by a 
Federal, State, or local authority in the United States acceptable to 
the Captain of the Port (COTP). As Port Security Plans are developed, 
they will detail acceptable issuing authorities. Acceptable credentials 
include:
     A military identification card;
     A badge for a Federal employee such as DOT, DOD, FBI, CIA;
     A driver's license or official identification card issued 
by a Department of Motor Vehicles or a Motor-Vehicle Administration 
within the U.S.;
     A merchant mariner's document issued by the Coast Guard;
     A valid passport;
     A local-law enforcement credential;
     An identification credential issued by a State or local 
port authority; and
     An identification credential issued by a company, union, 
or trade association.

    Signed: July 30, 2002.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 02-19844 Filed 8-6-02; 8:45 am]
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