[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25066-25068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4026]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 125

[USCG-2006-24189]


Maritime Identification Credentials

AGENCY: Coast Guard, DHS.

ACTION: Notice of acceptable identification credentials.

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SUMMARY: This document informs the public that the Commandant of the 
Coast Guard is directing Coast Guard Captains of the Port to prevent 
access to waterfront facilities to persons that do not have appropriate 
identification credentials as defined under Coast Guard regulations. 
This document also identifies additional identification documents that 
have been approved by the Commandant as identification credentials.

DATES: This announcement is effective April 28, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2006-24189 and are available for 
inspection or copying at the Docket Management Facility, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. They may also be viewed online at 
http://dms.dot.gov at any time. Conduct a simple search and enter in 
the last five digits of the docket number listed above.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call James Bull, Coast Guard, telephone 202-267-1630. If you 
have questions on viewing material in the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Under the authority of 50 U.S.C. 191 and Coast Guard regulations 
(33 CFR part 125), the Coast Guard has the authority to require 
identification credentials for access to waterfront facilities and to 
port and harbor areas, including vessels and harbor craft in those 
areas. The Commandant of the Coast Guard, pursuant to 33 CFR 125.15(a), 
is authorized to direct, from time to time, the Captains of the Port 
(COTP) ``to prevent access of persons who do not possess one or more of 
the identification credentials listed in Sec.  125.09 to those 
waterfront facilities, and port and harbor areas, including vessels and 
harbor craft therein, where the following shipping activities are 
conducted: * * * [t]hose essential to the interests of national 
security and defense, to prevent loss, damage or injury, or to insure 
the observance of rights and obligations of the United States.''
    On August 7, 2002, the Coast Guard published a ``Clarification of 
Regulation'' in the Federal Register at 67 FR 51082, which notified the 
public that the Coast Guard may soon begin requiring identification 
credentials from persons seeking access to waterfront facilities, areas 
within the port and harbor, and on vessels and harbor craft within such 
areas.
    I have determined that it is necessary to inform the public of the 
identification credential requirement under 33 CFR 125.15(a) for all 
individuals seeking access to facilities regulated under 33 CFR part 
105. These actions will improve national security by verifying maritime 
workers' identity, validating their background information, assisting 
transportation facilities in managing their security risks, and 
accounting for access of authorized personnel to transportation 
facilities and activities. This document announces to the public that, 
in accordance with my authority under 33 CFR 125.15, I am directing 
COTPs to prevent access to all facilities regulated under 33 CFR part 
105 to persons who do not have an identification credential listed in 
33 CFR 125.09 or such identification as I have approved below under 33 
CFR 125.09(f).
    The Coast Guard notes that it will not be issuing Port Security 
Cards at this time, and reaffirms that when the regulations 
implementing the Transportation Worker Identification Credential (TWIC) 
are issued, the Coast Guard will reevaluate this action.

A. Acceptable Identification Credentials

    Acceptable forms of identification credentials under 33 CFR 125.09 
include the following:
     A Merchant Mariner Document.
     An Armed Forces Identification Card.
     Federal law enforcement credentials.

[[Page 25067]]

     Identification credentials issued to public safety 
officers.
    In addition, pursuant to my authority under 125.09(f), I approve as 
identification credentials the following forms of identification:
     For non-employees and employees of the facility, and 
longshoremen, a state-issued commercial driver's license with hazardous 
materials endorsement issued after May 31, 2005.
     For non-employees of the facility, excluding longshoremen, 
a state-issued driver's license or identification card or a personal 
identification issued by the individual's employer, union or trade 
association (33 CFR 101.515(b)(2)); or a passport or commercial drivers 
license issued by Canada or Mexico.
     For employees of the facility and longshoremen, facility-
issued employee identification cards, a state-issued driver's license, 
or a personal identification issued by the individual's employer, union 
or trade association (33 CFR 101.515(b)(2)), provided the individual 
has been screened as outlined below and has not been determined a 
threat.
    For the purposes of this action, ``facility employees'' include all 
permanent employees and long-term contractors. Contractors are 
considered to be long-term if they need regular access to the facility 
for a period in excess of 90 days.
    As discussed below, TSA will analyze the relevant information 
before determining whether or not an employee or longshoreman poses or 
is suspected of posing a security threat warranting denial of access to 
the port facility. TSA will notify the facility and the COTP of persons 
that pose a security threat. Accordingly, those persons will not have 
approved identification credentials under 125.09(f) and must be denied 
access to part 105 facilities.
    This action is necessary in the interests of national security and 
to protect these facilities from loss, damage, or injury.

B. Threat Assessment Screening of Facility Employees and Longshoremen

    In order to accomplish screening, the facility operator or 
longshore union (union) will immediately, but not later than May 30, 
2006, provide the following information from the union, facility 
operator's or long-term contractor's existing files to TSA for each 
facility employee or longshoreman seeking to use as an identification 
credential a facility-issued employee identification card, a state-
issued driver's license, or personal identification issued by the 
individual's employer, union or trade association:
     Legal Name (Last, First, Middle, suffix).
     Date of birth (MonthDayYear, 12121970).
     Social Security number (optional, no dashes).
     Alien Identification number (if applicable).
    Although the Coast Guard is providing up to 30 days for facility 
operators and longshore unions to provide the requested information, 
the COTP may contact the facility operator or union and request that 
such information be provided immediately.
    This information must be contained in a spreadsheet and submitted 
via the Coast Guard's Homeport Web portal http://homeport.uscg.mil. For 
information about how to register in Homeport contact the COTP for 
details. If unable to access Homeport, the data may be submitted via a 
password-protected compact disk to Stephen Sadler, Director, Maritime 
and Surface Credentialing, Office of Transportation Threat Assessment 
and Credentialing--TSA-19, Transportation Security Administration, 601 
South 12th Street, Arlington, VA 22202. When submitting the information 
listed above, please provide it in a password protected Excel 
spreadsheet and include a point of contact (POC) for the facility 
operator or union and contact information. TSA will contact the POC to 
obtain the password when it receives information through the mail. 
Prior to submitting the information listed above, facility operators or 
unions must notify the individuals on whom information is submitted of 
their intent to submit the above information for purposes of a security 
threat assessment, and notify these individuals that they may decline 
to provide their social security numbers, but that such action may 
result in delays or make it impossible to complete the assessment. If 
the port facility operator or Longshore union does not have the 
information listed above in its existing files and must collect the 
information directly from the individual, the following Privacy Act 
notice must be provided to that individual prior to collecting the 
information:

Privacy Act Notice

    Authority: 49 U.S.C. 114, 50 U.S.C. 191, and 33 CFR part 125 and 
authorize the collection of this information.
    Purpose: DHS will use this information to conduct a security 
threat assessment on port facility employees, port facility long-
term contractors, and longshoremen.
    Routine Uses: The information will be used by and disclosed to 
DHS personnel and contractors or other agents who need the 
information to assist in activities related to port security. 
Additionally, DHS may share the information with facility operators, 
Longshore unions, and law enforcement or other government agencies 
as necessary to respond to potential or actual threats to 
transportation security, or pursuant to its published Privacy Act 
system of records notice.
    Disclosure: Furnishing this information is voluntary. However, 
failure to furnish the requested information may delay or prevent 
the completion of your security threat assessment, which may prevent 
your access to MTSA regulated facilities.

    So as not to prejudice new employees or longshoremen who seek 
access to the facility using a facility-issued employee identification 
card, a state-issued driver's license, or a personal identification 
issued by the individual's employer, union or trade association (33 CFR 
101.515(b)(2)) under this action (who will be barred from entry if not 
screened in a timely manner), facility operators or unions must 
provide, on a continuing basis, the above-listed information for all 
new facility employees or longshoremen in a timely manner using the 
mechanisms listed above. When submitting lists with information for new 
employees or longshoremen, do not include in the list any employee or 
longshoreman whose information has previously been submitted.
    Threat assessment determinations of facility employees and 
longshoremen will be conducted by TSA pursuant to its authority to 
assess threats to transportation under 49 U.S.C. 114(f). For the 
majority of cases, these threat assessment determinations will be 
accomplished within 30 days of TSA's receipt of the information 
discussed above. While the assessment is being performed, personnel 
will continue to have access to the facility. Unless the facility 
operator or union receives a written document from TSA stating that TSA 
has made a threat assessment determination, as outlined below, that a 
particular facility employee or longshoreman poses a security threat, 
that individual may be permitted access to the port facility.
    If TSA is unable to complete the threat assessment for a specific 
facility employee or longshoreman with the information initially 
provided, TSA will request additional information regarding that 
individual from the facility operator or union. A request for 
additional information regarding a specific facility employee or 
longshoreman is not a threat assessment determination; it is merely a 
request for more information. If TSA requests additional information 
regarding a specific individual from a facility operator or a union, 
the operator or union must provide the requested

[[Page 25068]]

information to TSA within 5 business days.
    TSA will examine various factors for the threat assessment of 
facility employees and longshoremen. TSA's examination will not include 
a criminal history records check. TSA will check immigration status in 
the course of the threat assessment evaluation. Facility employees and 
longshoremen must be a citizen of the United States, a lawful permanent 
resident of the United States as defined in 8 U.S.C. 1101, or hold an 
appropriate immigration status, as discussed below. Other acceptable 
immigration statuses include individuals who possess valid evidence of 
unrestricted employment and are in a lawful nonimmigrant status, are a 
refugee admitted under 8 U.S.C. 1137, or are an alien granted asylum 
under 8 U.S.C. 1158. When verifying immigration status, TSA checks 
relevant Federal databases and may perform other checks, including 
verifying the validity of the applicant's social security number or 
alien registration number.
    Any facility employee or longshoreman identified as posing a 
security threat or as not having legal status under the immigration 
laws will not be permitted to enter or remain on a 33 CFR part 105 
facility. To make such a determination, TSA will check various 
government databases. Upon checking the relevant databases, TSA will 
analyze the relevant information from Federal law enforcement and 
intelligence agencies before determining that a facility employee or 
longshoreman poses or is suspected of posing a security threat 
warranting denial of access to the port facility. As mentioned above, 
this will not include a criminal history records check.
    Individuals identified as posing a security threat will receive an 
Initial Determination of Threat Assessment (hereinafter ``Initial 
Determination''). An Initial Determination does not mean that an 
individual must be denied access to a facility. Individuals who believe 
that they have been wrongly identified as posing a security threat and 
believe they meet the standards for the security threat assessment have 
the opportunity to appeal an Initial Determination using the appeal 
procedures established for individuals denied a hazardous materials 
endorsement under TSA's regulations, which are set forth in 49 CFR 
1572.141. If a facility employee or longshoreman fails to initiate an 
appeal within 30 days after receipt, the Initial Determination becomes 
final, and TSA serves a Final Determination of Threat Assessment upon 
the individual and notifies the facility or union and the COTP.
    Facility employees or longshoremen believed to pose a security 
threat will receive a notice from the TSA that they will be denied 
access to part 105 facilities. Please note this notice will be called 
an Initial Determination of Threat Assessment and Immediate Revocation 
of Access Privileges (hereinafter ``Immediate Revocation of Access 
Privileges''). The Immediate Revocation of Access Privileges will be 
sent to the individual with notification to the facility or union as 
well as the COTP at the same time to immediately deny that individual 
access to the facility. Facility employees or longshoremen wishing to 
appeal an Immediate Revocation of Access Privileges must follow the 
appeal procedures set forth in 49 CFR 1572.141(i). If that individual 
fails to initiate an appeal within 30 days after receipt, the Immediate 
Revocation of Access Privileges becomes final, and TSA serves a Final 
Determination of Threat Assessment upon the individual and notifies the 
facility or union as well as the COTP.
    If a facility employee or longshoreman appeals the Initial 
Determination or the Immediate Revocation of Access Privileges, TSA 
will serve a Final Determination of Threat Assessment or a Withdrawal 
of the Initial Determination or Immediate Revocation of Access 
Privileges on that individual and notify the facility or union, and the 
COTP.
    TSA will notify the facility and the COTP of which facility 
employees or longshoremen who must be denied access to part 105 
facilities. The Coast Guard will make available to facilities a list of 
longshoremen who have been vetted for each port. Access is limited to 
only those persons who are authorized. Facilities will be subject to 
Coast Guard examinations to verify that they are complying with the 
requirements of 33 CFR part 125, as implemented by this document.
    This requirement does not prohibit a facility owner or operator 
from imposing additional requirements above these minimums.
    The additional screening provision for specific types of 
identification credentials, as listed above, is only being used for 
facility employee and longshoreman credentials at this time because of 
their regular and constant access to the facility and their knowledge 
of its operations, as opposed to the infrequent access by other port 
workers. We continue to view the TWIC as the ultimate solution to the 
access credential issue.
    Persons seeking additional information on this announcement or its 
enforcement may contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this document. Further information 
regarding the threat assessments conducted by TSA is provided in the 
Privacy Impact Assessment for U.S. Port Access Threat Assessments, 
available on the Department of Homeland Security Web site at: http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0511.xml.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we submitted a copy of this notice to the Office of 
Management and Budget (OMB) for its review of the collection of 
information. Due to the circumstances surrounding this notice, we asked 
for ``emergency processing'' of our request. We received OMB approval 
for the collection of information on April 24, 2006. It has been given 
OMB control number 1625-0110. It is valid through October 31, 2006.

    Dated: April 25, 2006.
Terry M. Cross,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 06-4026 Filed 4-25-06; 2:26 pm]
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