[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36406-36408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15027]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1572
[Docket No. TSA-2006-24191]
Exemption From Transportation Worker Identification Credential
(TWIC) Expiration Provisions for Certain Individuals Who Hold a Valid
TWIC
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice of Exemption.
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SUMMARY: The Transportation Security Administration (TSA) is granting a
temporary exemption from certain TWIC regulations regarding card
expiration and replacement requirements. This exemption applies to U.S.
nationals \1\ who hold a valid TWIC expiring on or before December 31,
2014. The exemption permits eligible TWIC holders to obtain a
replacement card that extends the expiration date of their current
security threat assessment and TWIC by three years. During 2012, DHS
intends to publish a Notice of Proposed Rulemaking (NPRM) to seek
comment on card reader requirements and deployment requirement plans.
At the end of the three-year extension period, pending the outcome of
this rulemaking activity, DHS expects card reader requirements to be in
place and readers to be deployed at facilities with the highest risk.
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\1\ The term U.S. nationals includes U.S. citizens and
noncitizen nationals of the United States.
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DATES: This exemption becomes effective August 30, 2012.
FOR FURTHER INFORMATION CONTACT: David Baker, Office of Security Policy
and Industry Engagement, TWIC Program Office, TSA-28, Transportation
Security Administration, 601 South 12th Street, Arlington, VA 20598-
6028; telephone (571) 227-2659; facsimile (571) 227-1376; email:
[email protected].
SUPPLEMENTARY INFORMATION: This document grants a temporary exemption
to certain TWIC regulations contained at 49 CFR part 1572. The
background, purpose, and terms of the exemption are explained below.
Background
The Maritime Transportation Security Act (MTSA) of 2002 \2\ and the
Security and Accountability for Every Port Act of 2006 \3\ require TSA
and the U.S. Coast Guard to establish regulations requiring certain
merchant mariners and individuals with unescorted access to secure
areas of certain vessels and facilities to undergo a security threat
assessment (STA) and receive a biometric credential called the
Transportation Worker Identification Credential (TWIC). The STA
consists of criminal, immigration and terrorism checks. TSA and the
U.S. Coast Guard implemented these requirements in a joint final
rulemaking.\4\
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\2\ Public Law 107-295, 116 Stat. 2064 (November 25, 2002).
\3\ Public Law 109-347, 120 Stat. 1884 (October 13, 2006).
\4\ Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector Final Rule, 72 FR 3492
(January 25, 2007).
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TSA is issuing this exemption to give eligible individuals the
option to extend for an additional three years their current STAs for
five-year TWICs that are set to expire on or before December 31,
2014,\5\ rather than require them to renew the card. Through this
notice, we are exempting eligible individuals from 49 CFR 1572.23(a)
and (a)(1) and 1572.501(d) of the TWIC regulation. If card holders so
choose, they will have the option to renew the card for a full five
years, as detailed in the TWIC regulation, codified at 49 CFR 1572.17,
1572.19, and 1572.21. The process for exercising the three-year TWIC
extension option will be similar to the card replacement procedures
outlined in the TWIC regulation at 49 CFR 1572.19(f) and 1572.501(d).
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\5\ 49 CFR 1572.23.
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Eligible individuals choosing the three-year TWIC extension may
obtain it by ordering the credential via telephone, paying a $60 card
replacement fee, and visiting a TWIC enrollment center to pick up and
activate the card. For the purposes of this exemption, the three-year
TWIC is considered a valid TWIC, in that it can be used to enter
maritime facilities and vessels just as the five-year TWIC is used
currently. The three-year TWIC will expire three years from the
expiration date of the TWIC that is being replaced. Eligible
individuals selecting the three-year TWIC option do not have to go
through the standard renewal process that includes providing new
biometric and biographic information at an enrollment center, new STA,
payment of the renewal fee of $129.75, and a second trip to an
enrollment center to retrieve and activate the credential.
[[Page 36407]]
This exemption will reduce the burden and cost \6\ associated with
obtaining a new TWIC for the majority of individuals holding expiring
TWICs, while the U.S. Coast Guard develops the TWIC reader regulation.
This exemption (and the option that it will provide to certain TWIC
holders with expiring TWICs) and the U.S. Coast Guard TWIC reader
rulemaking are part of the Department of Homeland Security's overall
proposed effort to ensure that TWIC readers are deployed, through a
risk-based approach, to appropriate vessels and facilities throughout
the Nation in the coming three-year period.
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\6\ TSA's OMB control number for the TWIC collection of
information is 1652-0047. TSA has updated its Paperwork Reduction
Act submission to OMB to reflect the changes in hour and cost burden
that will result from the TWIC Exemption. TSA estimates for those
eligible individuals who select the three-year TWIC option, the cost
and hour burden will be reduced by over 50 percent. This information
will be available at www.reginfo.gov.
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In particular, over the next three years, during the STA extension
period, DHS intends to issue a U.S Coast Guard NPRM and final
rulemaking to establish a risk-based reader deployment and
implementation schedule. DHS anticipates that the highest risk
facilities will be required to implement TWIC card readers prior to the
expiration of the TWIC STA extension period detailed in this notice. If
a card holder chooses not to exercise this extension, the individual
must follow TWIC renewal provisions as specified in the TWIC regulation
at 49 CFR 1572.17, 1572.19 and 1572.21. For card holders that opt to
follow renewal procedures in the final rule, renewal cards will be
valid for five years.
Authority and Determination
TSA may grant an exemption from a regulation if TSA determines that
the exemption is in the public interest.\7\ TSA has determined that it
is in the public interest to grant an exemption from certain TWIC
regulations found at 49 CFR part 1572, described below under
``Exemption.'' This exemption will contribute to providing safe and
efficient transportation while ensuring the efficient use and
conservation of the resources of the United States. Due to the fact
that readers are not yet required by regulation or in widespread use,
we believe the burden associated with the full renewal requirements is
not currently justified. The exemption permits eligible individuals to
pay lower fees, reduce trips to an enrollment center, and avoid
providing new biometric and biographic enrollment information when they
request the card. As stated above, this exemption will reduce the
burden and cost associated with obtaining a new TWIC for the majority
of individuals holding expiring TWICs, without reducing the current
benefits of possession of those TWICs, while the U.S. Coast Guard
develops the TWIC reader regulation.
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\7\ 49 U.S.C. 114(q).
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These factors save time and resources for TWIC workers and the
government and also facilitate commerce at America's ports, a vital
element of the national economy.
Eligibility and Process for Using the Exemption
Individuals are eligible to apply for the three-year TWIC if they
are U.S. nationals \8\ and hold a valid TWIC that expires on or before
December 31, 2014. Individuals eligible for the three-year TWIC may
choose to obtain a five-year TWIC under the current process. All other
individuals who are not eligible for the three-year TWIC must obtain or
renew a TWIC through the standard renewal process and obtain a five-
year TWIC.
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\8\ 8 U.S.C. 1101(a)(22).
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Eligible individuals must request a three-year TWIC from TSA. To
make this request, individuals should call 1-866-347-8942 (the TWIC
Help Desk \9\) to order a three-year TWIC. Individuals must pay the
associated $60 card replacement fee either by credit card over the
telephone, or via cashier's check or money order at an enrollment
center.\10\ The new three-year TWICs will be available within five to
ten business days after calling the TWIC Help Desk. Once the card is
ready, individuals must make one visit to an enrollment center of their
choosing to pick up and activate the three-year TWIC, and present a
government-issued photo identification to verify that they are the
authorized TWIC holder. This visit to the enrollment center is the only
one required; individuals can make an appointment or walk in during
normal enrollment center business hours to pick-up and activate the
three-year TWIC.
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\9\ To obtain more information about contacting the TWIC Help
Desk and this exemption, visit the TSA Web site at http://www.tsa.gov/what_we_do/layers/twic/contact.shtm (last visited Apr.
18, 2012).
\10\ Please note that because payment must be made in advance of
ordering the replacement card, those eligible individuals who choose
to pay via cashier's check or money order will have to make a
separate trip to the enrollment center to order the card, in
addition to visiting the enrollment center to pick-up and activate
the three-year TWIC.
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All individuals holding a TWIC must continue to comply with all
non-exempt requirements of 49 CFR part 1572, including requirements to
report disqualifying arrests, convictions or unlawful immigration
status. Ports and facility operators do not have to modify current
access control procedures to accommodate three-year TWICs. Any facility
may use a TWIC reader in conjunction with TSA's Cancelled Card List
(CCL) to determine if a five-year or three-year TWIC has been revoked
for cause, or reported as lost, stolen or damaged. Industry and law
enforcement officials may use a three-year TWIC to verify identity
using a TWIC reader, as is currently done with five-year TWICs.
Exemption
Section I--General Exemption
Beginning August 30, 2012, TSA exempts eligible individuals who
hold a valid TWIC that expires on or before December 31, 2014, from the
requirements of 49 CFR part 1572 described below:
1. Eligible individuals are exempt from 49 CFR 1572.23(a) and may
receive a three-year extension of the five-year expiration date of
their current TWIC by following the procedures described below in
``Approved Procedures.'' TSA does not exempt individuals from the
requirements of 49 CFR 1572.23(a)(2).
2. Eligible individuals whose TWIC was issued based on a comparable
threat assessment are exempt from 49 CFR 1572.23(a)(1) and may receive
a three-year extension of the expiration date of their current TWIC by
following the procedures described below in ``Approved Procedures.''
3. Eligible individuals are exempt from 49 CFR 1572.501(d) and may
replace their five-year TWIC with a three-year TWIC by paying the $60
card replacement fee even if their current TWIC has not been lost,
stolen or damaged. Individuals may continue to replace a lost, stolen
or damaged TWIC pursuant to the requirements in 49 CFR 1572.501(d).
Section II--Approved Procedures
To receive a three-year TWIC, eligible individuals must:
1. Call the TWIC Help Desk (currently 1-866-347-8942) and order a
three-year TWIC. \11\
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\11\ To obtain more information about contacting the TWIC Help
Desk and this exemption, visit the TSA Web site at http://www.tsa.gov/what_we_do/layers/twic/contact.shtm (last visited Apr.
18, 2012).
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2. Pay the $60 card replacement fee.
3. For individuals who became a U.S. national after enrolling for
the original five-year TWIC, provide proof of U.S. national status \12\
before picking up the three-year TWIC.
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\12\ The list of acceptable documents that may be used to
provide proof of U.S. nationality is located at http://www.tsa.gov/assets/pdf/approved_twic_identification_docs.pdf (last visited
May 2, 2012).
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[[Page 36408]]
4. Visit an enrollment center and present a government-issued photo
identification \13\ to activate and pick up the new TWIC.
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\13\ The list of acceptable identification documents is located
at http://www.tsa.gov/assets/pdf/approved_twic_identification_docs.pdf.
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5. Comply with all non-exempt requirements of 49 CFR part 1572.
Issued in Arlington, Virginia, on June 15, 2012.
John S. Pistole,
Administrator.
[FR Doc. 2012-15027 Filed 6-15-12; 4:15 pm]
BILLING CODE 9110-05-P