[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Rules and Regulations]
[Page 64208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25933]



[[Page 64208]]

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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 
Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie.

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SUMMARY: This document informs owners and operators of facilities 
located within Captain of the Port Zones Buffalo, Duluth, Detroit, Lake 
Michigan, and Sault Ste. Marie that the date by which they must 
implement access control procedures utilizing TWIC has been extended to 
no later than December 1, 2008. This extension is due to a building-
wide loss of power that occurred on October 21, 2008, at the government 
facility that houses the TWIC system, which affected the system's 
ability to activate TWICs.

DATES: The new compliance date for the TWIC regulations found in 33 CFR 
part 105 for Captain of the Port Zones Buffalo, Duluth, Detroit, Lake 
Michigan, and Sault Ste. Marie is December 1, 2008.

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 http://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 9, 2008, we announced the compliance date for COTP Zones 
Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie would be 
October 31, 2008. 73 FR 39323.

II. Notice of Facility Compliance Date--COTP Zones Buffalo, Duluth, 
Detroit, Lake Michigan, and Sault Ste. Marie

    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 Zones Buffalo, Duluth, Detroit, Lake 
Michigan, and Sault Ste. Marie that the deadline for their compliance 
with Coast Guard and TSA TWIC requirements has been extended until 
December 1, 2008.
    This extension is being granted due to the disruption to TWIC 
activations caused by a building-wide loss of power that occurred on 
October 21, 2008, at the government facility that houses the TWIC 
system. The TSA and Coast Guard have determined that the new compliance 
date provides sufficient time for those who were unable to activate 
their TWICs during the disruption to return to an enrollment center and 
complete activation.
    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 website (which will also enable an applicant 
to make an appointment for enrollment), may be found at https://twicprogram.tsa.dhs.gov/TWICWebApp/ 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 website and be 
announced in the Federal Register as early as possible.

    Dated: October 24, 2008.
David W. Murk,
Commander, U.S. Coast Guard, Acting Chief, Ports and Facilities 
Activities.
[FR Doc. E8-25933 Filed 10-27-08; 4:15 pm]
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