[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14038-14039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5893]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2011-0129]
TWIC/MTSA Policy Advisory Council; Voluntary Use of TWIC Readers
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
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SUMMARY: The Coast Guard announces the release of and seeks comments on
Policy Advisory Council (PAC) Decision 01-11, ``Voluntary Use of TWIC
Readers.'' This PAC Decision provides guidance for using Transportation
Security Identification Credential (TWIC) readers as part of a Vessel
Security Plan or Facility Security Plan. This PAC Decision is directed
at owners and operators of vessels and facilities regulated under the
Maritime Transportation Security Act, for the purpose of purchasing and
installing TWIC readers and systems.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before May 16, 2011
or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0129 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
The PAC Decision is available in the docket and can be viewed by
going to http://www.regulations.gov, inserting USCG-2011-0129 in the
``Keyword'' box, and then clicking ``Search.'' This policy is also
available at http://www.homeport.uscg.mil; under the Maritime Security
tab, click on the ``MTSA/ISPS Policy Advisory Council'' link, PAC 01-
11.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or the policy, call or e-mail LCDR Loan O'Brien (CG-5442), U.S. Coast
Guard, telephone 202-372-1133, e-mail Loan.T.O'[email protected]. If you
have questions on viewing or submitting material to the docket, call
Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to submit comments and related material on the
Policy Advisory Council (PAC) Decision 01-11, ``Voluntary Use of TWIC
Readers.'' All comments received will be posted, without change, to
http://www.regulations.gov and will include any personal information
you have provided.
Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2011-0129) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2011-0129'' in the ``Keyword'' box. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period.
Viewing the comments and PAC Decision 01-11: To view the comments
and PAC Decision 01-11, go to http://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``USCG-2011-0129'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
This PAC Decision 01-11 is also available at http://www.homeport.uscg.mil under the TWIC tab of the ``Featured Homeport
Links'' section, click on the ``Policy Advisory Council Decisions for
TWIC'' link, PAC Decision 01-11.
Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).
Background and Purpose
In accordance with the Maritime Transportation Security Act of 2002
(MTSA) (Pub. L. 107-295), and the Security and Accountability for Every
Port Act of 2006 (Pub. L. 109-347), this PAC Decision facilitates the
use of transportation security card readers to leverage the full
security benefits of the Transportation Worker Identification
Credential (TWIC). The Department of Homeland Security, Coast Guard,
and the Transportation Security Administration (TSA) remain in the
process of finishing the TWIC reader pilot program. As such, many
facility owners and operators who received grant funding have been
reluctant to move forward on purchasing TWIC
[[Page 14039]]
equipment. This Policy Advisory Council (PAC) Decision 01-11,
``Voluntary Use of TWIC Readers'' provides guidance on how vessel and
facility owners and operators can use TWIC readers to meet existing
regulatory requirements for effective (1) identity verification, (2)
card validity, and (3) card authentication.
Discussion
TWIC regulations state that all persons requiring unescorted access
to secure areas of MTSA-covered vessels, facilities and outer
continental shelf facilities must possess a TWIC before such access is
granted. 33 CFR 101.514. At each entry, the TWIC must be checked for
(1) identity verification, (2) card validity, and (3) card
authentication. 33 CFR 104.265(c)(1), 105.255(c)(1), or 106.260(c)(1).
The current requirement for identity verification is to visually
compare the photograph on the TWIC to the person at the access point.
The Coast Guard, however, may determine an alternative method of
identity verification if the method meets or exceeds the effectiveness
of a visual inspection. 33 CFR 101.130.
With this PAC Decision 01-11, the Coast Guard determines that a
biometric match using a TWIC reader from the TSA list of readers that
have passed the Initial Capability Evaluation Test to confirm that the
biometric template stored on the TWIC matches the fingerprint of the
individual presenting the TWIC meets or exceeds the effectiveness of a
visual identity verification check. An owner or operator of a vessel or
facility may also use a TWIC reader to check for card validity by
either (1) comparing the card's internal Federal Agency Smart Card
Number to the TSA Cancelled Card List, or (2) using a Certificate
Revocation List. An owner or operator may also perform card
authentication by using a TWIC reader to perform the CHALLENGE/RESPONSE
protocol using the Card Authentication Certificate and the card
authentication private key on the TWIC.
PAC Decision 01-11 also contains additional guidance. It states
that TWIC readers used under this determination should be used in
accordance with manufacturer instructions, and operated by trained
personnel. Additionally, it points out that TWIC readers allowed
pursuant to this interim guidance may no longer be valid after
promulgation of a TWIC reader final rule requiring the use of readers.
Finally, it reminds vessel and facility owners/operators using PAC
Decision 01-11 that they must submit a Vessel Security Plan or Facility
Security Plan amendment in accordance with applicable regulations.
Comments on PAC Decision 01-11 may be submitted to the Coast Guard
via the docket as described above under ADDRESSES. PAC Decision 01-11
is considered a ``significant guidance document'' under the terms of
the Office of Management and Budget's ``Final Bulletin for Agency Good
Guidance Practices,'' which was published in the Federal Register on
January 25, 2007 (72 FR 3432).
Authority: This notice is issued under authority of 5 U.S.C.
552(a) and 33 CFR 101.130.
Dated: March 7, 2011.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2011-5893 Filed 3-14-11; 8:45 am]
BILLING CODE 9110-04-P