[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 21017-21018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07923]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket Nos. TSA-2006-24191; USCG-2006-24196]


Exemption To Extend the Expiration Date of Certain Transportation 
Worker Identification Credentials

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of temporary exemption.

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SUMMARY: TSA is granting a temporary exemption from requirements in 49 
CFR part 1572 regarding the expiration of certain Transportation Worker 
Identification Credentials (TWIC[supreg]s). For the duration of this 
exemption, TSA will extend the expiration date of TWIC[supreg]s that 
expired on or after March 1, 2020, by 180 days.

DATES: This exemption becomes effective on April 10, 2020, and remains 
in effect through July 31, 2020, unless otherwise modified by TSA 
through a notice published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571-227-2851, or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On March 11, 2020, the World Health Organization declared the SARS-
CoV-2 virus (Novel Coronavirus) and Coronavirus Disease 2019 (COVID-19) 
to be a global pandemic. On March 13, 2020, the President declared a 
National Emergency.\1\ The President then issued Executive Order 13909, 
Prioritizing and Allocating Health and Medical Resources to Respond to 
the Spread of Covid-19 (March 18, 2020), which declared: ``. . . it is 
critical that all health and medical resources needed to respond to the 
spread of COVID-19 are properly distributed to the Nation's healthcare 
system and others that need them most at this time.''
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    \1\ See Proclamation 9994, Declaring a National Emergency 
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (March 
13, 2020). Published at 85 FR 15337 (March 18, 2020).
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    In response to these actions, a majority of states have imposed 
significant restrictions on commercial activities and individual 
movement, except when performing essential functions. Moreover, health 
experts and the government have strongly recommended that individuals 
practice social distancing when engaging with others, to minimize the 
spread of COVID-19. During this time, it is vital to move cargo 
expeditiously through the supply chain, and to ensure that medical 
supplies and home goods reach healthcare centers and consumers. 
Maritime facilities and vessels are an integral part of the supply 
chain and must continue to operate at full capacity.
    The Department of Homeland Security (DHS), through TSA and the U.S. 
Coast Guard (Coast Guard), published a final rule on January 25, 2007 
that establishes requirements for merchant mariners and workers who 
need unescorted access to secure areas of maritime facilities and 
vessels.\2\ These individuals must successfully complete a security 
threat assessment (STA) conducted by TSA and hold a TWIC[supreg] in 
order to enter secure areas without escort.
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    \2\ The final rule implements requirements in the Maritime 
Transportation Security Act (MTSA), Public Law 107-295, 116 Stat. 
2064 (November 25, 2002), and the Security and Accountability for 
Every Port Act of 2006 (SAFE Port Act), Public Law 109-347 (October 
13, 2006).
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    TSA and the Coast Guard administer the TWIC[supreg] program. 
Persons who are required to hold a TWIC[supreg] (defined as a mariner 
credentialed under 46 CFR part 10 or 12, and anyone needing unescorted 
access to a secure area of a vessel or facility regulated under 33 CFR 
parts 104, 105, or 106) are required to enroll and provide proof of 
identity and fingerprints at approved enrollment sites, designated and 
operated by a TSA trusted agent.\3\ TSA's regulations require 
individuals who seek unescorted access to secured areas of maritime 
facilities and vessels to undergo an STA in order to receive a 
TWIC[supreg]. A TWIC[supreg] expires five years from the date of 
issuance \4\ and individuals must go to a TSA enrollment center to 
initiate a new STA to receive a new credential.
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    \3\ See 49 CFR 1572.17.
    \4\ See 49 CFR 1572.23(a).
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    There are 2,294,797 active TWIC[supreg]s in circulation today, and 
TSA records indicate that 234,536, or approximately 10% of them, will 
expire in the next six months. Social distancing practices in response 
to the COVID-19 crisis make gathering at enrollment centers unwise or 
prohibited. Approximately one-third of TSA's TWIC[supreg] enrollment 
centers have been forced to close because they are collocated with 
commercial or government offices that are closed as a result of COVID-
19. For those that are operating, the process of collecting 
fingerprints, which is required for TWIC[supreg], and completing the 
enrollment process may introduce risk to enrollment center staff or 
TWIC[supreg] applicants.

[[Page 21018]]

Authority and Determination

    TSA may grant an exemption from a regulation if TSA determines that 
the exemption is in the public interest.\5\ TSA has determined that it 
is in the public interest to grant an exemption from the current 
expiration standard in 49 CFR part 1572, which is five years from the 
date of issuance, given the need for transportation workers to continue 
to work without interruption during the current the COVID-19 crisis. 
This exemption will allow TWIC[supreg] holders to continue to provide 
vital services during the COVID-19 crisis, while TSA ensures effective 
transportation security vetting.
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    \5\ See 49 U.S.C. 114(q). The Administrator may grant an 
exemption from a regulation prescribed in carrying out this section 
if the Administrator determines that the exemption is in the public 
interest. The Administrator of TSA delegated this authority to the 
Executive Assistant Administrator for Operations Security, effective 
March 26, 2020, during the period of the COVID-19 National 
Emergency.
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    TSA has determined that there is little to no risk to 
transportation security associated with this exemption for the 
following reasons:
    1. The extension of expiration dates applies only to individuals 
who have already successfully completed a comprehensive STA;
    2. The extension of expiration dates is applicable to a relatively 
small percentage of TWIC[supreg] holders and is for a set, limited 
duration subject to possible modification by TSA before the end of the 
effective period to ensure consistency with the duration and scope of 
the COVID-19 crisis; \6\
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    \6\ The exemption remains in effect until July 31, 2020, unless 
otherwise modified by TSA through a notice published in the Federal 
Register. TSA considered tying the duration of the exemption to the 
duration of a public health emergency declaration, but believes that 
providing a set day is necessary because individuals without expired 
TWIC[supreg]s need a set date in order to initiate the steps 
necessary to renew their TWIC[supreg]s.
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    3. TSA will continue to recurrently vet these TWIC[supreg] holders 
against Federal terrorism and national security-related watch lists, 
and the DHS Office of Biometric Identity Management (OBIM) IDENT system 
(a DHS-wide system for storage and processing of biometric and 
biographic information for national security) for security threat, 
criminal history, and immigration status checks during the extension 
period; and
    4. TSA retains its full authority to suspend or immediately revoke 
an individual's TWIC[supreg] if the agency determines the holder is no 
longer eligible, in accordance with 49 CFR 1572.5(b) and 1572.19(c).

Exemption

    1. Eligibility. This exemption applies to TWIC[supreg]s that expire 
on or after March 1, 2020.
    2. New Expiration Dates for Eligible TWIC[supreg]s. For the 
duration of this exemption, the expiration date for an eligible 
TWIC[supreg] is180 days after the expiration date that appears on the 
face of the credential. TSA deems these eligible TWIC[supreg]s to be 
valid for the purpose of unescorted access to secured areas of maritime 
facilities and vessels. If the 180-day period extends beyond the 
duration of this temporary exemption, the TWIC[supreg] will be valid 
for the remainder of the extended 180-day period based on the 
expiration date of the TWIC[supreg].
    3. Continuation of Vetting. For the duration of the exemption, TSA 
will continue to recurrently vet the holders of the eligible 
TWIC[supreg]s against governmental watch lists for security threat, 
criminal history, and immigration status. TSA retains its full 
authority to suspend or immediately revoke an individual's TWIC[supreg] 
if the agency determines the holder is no longer eligible, in 
accordance with 49 CFR 1572.5(b) and 1572.19(c).

Stacey Fitzmaurice,
Executive Assistant Administrator for Operations Support.
[FR Doc. 2020-07923 Filed 4-14-20; 8:45 am]
 BILLING CODE 9110-05-P