[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5632-5633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1952]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1515, 1540, and 1572

[Docket No. TSA-2006-24191; TSA Amendment Nos. 1515--(New), 1540-8, 
1570-2, and 1572-7]
RIN 1652-AA41


Transportation Worker Identification Credential Implementation in 
the Maritime Sector; Hazardous Materials Endorsement for a Commercial 
Driver's License; Correction

AGENCY: Transportation Security Administration (TSA).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule published 
in the Federal Register on January 25, 2007. That 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). This rule 
correction revises a paragraph of the appeal and waiver process in part 
1515. In addition, this rule correction redesignates a paragraph in 
part 1540 under the procedures for security threat assessment and 
revises text in part 1572 concerning the list of disqualifying 
offenses. These revisions are necessary to correct typographical errors 
and in one instance, to remove a word from a definition as mandated by 
recent legislative action.

DATES: Effective March 26, 2007.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, TSA-2, Transportation 
Security Administration, 601 South 12th Street, Arlington, VA 22202-
4220; telephone (571) 227-2657; facsimile (571) 227-1380; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On January 25, 2007, the Department of Homeland Security, through 
TSA and the U.S. Coast Guard (Coast Guard) published a final rule in 
the Federal Register (72 FR 3492) making technical

[[Page 5633]]

changes to various provisions of chapter XII, title 49 (Transportation) 
of the Code of Federal Regulations (CFR), and implementing the TWIC 
program in the maritime sector of the nation's transportation system. 
The final rule enhances port security by requiring security threat 
assessments of individuals who have unescorted access to secure areas 
and improving access control measures to prevent unauthorized 
individuals from gaining unescorted access to secure areas. The final 
rule amends existing appeal and waiver procedures, and expands the 
provisions to apply to TWIC applicants and air cargo personnel.
    This rule correction document revises a paragraph in the appeal and 
waiver process codified in part 1515, redesignates a paragraph codified 
in part 1540 procedures for security threat assessment, and revises 
text in the list of disqualifying offenses codified in part 1572. 
Finally, we re-word the definition of ``transportation security 
incident'' in Sec.  1572.103(a)(5). This definition is based on the 
definition of ``transportation security incident'' in 46 U.S.C. 
70101(6), which was amended by sec. 124 of the SAFE Port Act, Public 
Law 109-347. We are amending the rule to conform to that statute.

Correction

0
In rule FR Doc. 07-19, published on January 25, 2007 (72 FR 3492), make 
the following corrections:


Sec.  1515.11  [Corrected]

0
1. On page 3590, in the third column, paragraph (b)(1)(i) under Sec.  
1515.11 Review by administrative law judge and TSA Final Decision 
Maker, is corrected to read as follows:


Sec.  1515.11  Review by administrative law judge and TSA Final 
Decision Maker.

* * * * *
    (b) * * *
    (1) * * *
    (i) In the case of a review of a denial of waiver, a copy of the 
applicant's request for a waiver under 49 CFR 1515.7, including all 
materials provided by the applicant to TSA in support of the waiver 
request; and a copy of the decision issued by TSA denying the waiver 
request. The request for review may not include evidence or information 
that was not presented to TSA in the request for a waiver under 49 CFR 
1515.7. The ALJ may consider only evidence or information that was 
presented to TSA in the waiver request. If the applicant has new 
evidence or information, the applicant must file a new request for a 
waiver under Sec.  1515.7 and the pending request for review of a 
denial of a waiver will be dismissed.
* * * * *


Sec.  1540.205  [Corrected]

0
2. On page 3593 in the first column, redesignate paragraph (e) as 
paragraph (d) under Sec.  1540.205 Procedures for security threat 
assessment.


Sec.  1572.103  [Corrected]

0
3. On page 3600, in the second column, paragraphs (a)(5) and (a)(10) 
under Sec.  1572.103 Disqualifying criminal offenses, are corrected to 
read as follows:


Sec.  1572.103  Disqualifying criminal offenses.

* * * * *
    (a) * * *
    (5) A crime involving a transportation security incident. A 
transportation security incident is a security incident resulting in a 
significant loss of life, environmental damage, transportation system 
disruption, or economic disruption in a particular area, as defined in 
46 U.S.C. 70101. The term ``economic disruption'' does not include a 
work stoppage or other employee-related action not related to terrorism 
and resulting from an employer-employee dispute.
* * * * *
    (10) Violations of the Racketeer Influenced and Corrupt 
Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, 
where one of the predicate acts found by a jury or admitted by the 
defendant, consists of one of the crimes listed in paragraph (a) of 
this section.
* * * * *

0
4. On pages 3600 in the third column and page 3601 in the first column, 
paragraphs (b)(2)(xii) through (xiii) under Sec.  1572.103 
Disqualifying criminal offenses, are corrected to read as follows:


Sec.  1572.103  Disqualifying criminal offenses.

* * * * *
    (b) * * *
    (2) * * *
    (xii) Fraudulent entry into a seaport as described in 18 U.S.C. 
1036, or a comparable State law.
    (xiii) Violations of the Racketeer Influenced and Corrupt 
Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, 
other than the violations listed in paragraph (a)(10) of this section.
* * * * *

    Issued in Arlington, Virginia, on February 1, 2007.
Mardi Ruth Thompson,
Deputy Chief Counsel for Regulations, Transportation Security 
Administration.
 [FR Doc. E7-1952 Filed 2-6-07; 8:45 am]
BILLING CODE 9110-05-P