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Visit the TSA website for TWIC Enrollment Center locations and compliance deadline information.  Note, the ports will have different compliance dates based on a variety of factors including risk, geographic location, size and contractor resources.  Click here to view point-in-time program information on enrollment and adjudication related statistics. Additional information on the TWIC program and enrollment process can be found at http://homeport.usg.mil/twic and www.tsa.gov/twic.

 

Legislation & Rules

 

TWIC Direct Final Rule, Federal Register Notice, September 28, 2007 Amends the TWIC rule to expand the list of categories of non-resident aliens who are required to apply for a TWIC.  The rule also requires that mariners serving aboard vessels have access to spaces on the terminal dock immediately adjacent to their ship when they are conducting appropriate work activity, even if they do not have a TWIC. The rule also amends the TWIC card replacement fee, setting the standard fee to $132.50.

 

TWIC Final Rule, Federal Register Notice, January 25, 2007 This final rule describes the implementation requirements of the TWIC program for the owners and operators of maritime facilities and vessels. All workers or personnel at maritime facilities are required to submit to additional background checks to obtain a biometric access card as a minimal condition for unescorted access to secure areas.  Individuals with a TWIC must further have a need for access in accordance with a facility’s approved security plan.

This final rule amends the following regulations:

  • 33 CFR 101, 103-106, 125

  • 46 CFR 10,12,15

  • 49 CFR 1515, 1540, 1570, 1572

Coast Guard changed several sections of the proposed rule as a result of comments received and additional analysis. Click here.

 

33 CFR 125 This rule requires Coast Guard Captains of the Port to prevent access to waterfront facilities to persons that do not have appropriate identification credentials. It also explains the acceptable identification documents.

 

Maritime Transportation Security Act (MTSA), Title I: Maritime Transportation Security, Sec. 102 Port Security, November 25, 2002 MTSA requires DHS to issue a “biometric transportation security credential to … individuals who require unescorted access to secure areas of … facilities.”  To obtain the Credential, the individuals must pass a security threat assessment, which includes a review of criminal, immigration, and pertinent intelligence records.

 

Updates, Comments & Other Reports

 

August 2008 The Coast Guard has begun publishing in the Federal Register the phased-in compliance dates for various Captain of the Port (COP) zones under the TWIC program.  So far, compliance dates have been established for the following COP zones:

 

October 15, 2008        Boston

October 31, 2008        Buffalo, Duluth, Detroit, Lake Michigan and Sault Ste. Marie

November 28, 2008    Cape Fear River, Corpus Christi, North Carolina and Port Arthur

December 1, 2008      Charleston, Jacksonville, Long Island Sound and Savannah

 

For more information, visit TSA’s TWIC website.  For port specific questions concerning the compliance date, please contact LCDR Jonathan Maiorine at 877-687-2243.

 

July 2008  As of mid-June, over 145,000 TWIC cards had been activated, with an additional 330,000 individuals enrolled and another 400,000 pre-enrolled in the TWIC program.  With approximately 122 centers operational, nearly 95% of the total scheduled to open, TSA estimates that the average enrollment time is nine minutes.

 

June 2008 DHS has announced a seven-month extension of the compliance date for the TWIC program.  The new compliance date is April 15, 2009.  However, some Captain of the Port zones will be required to enforce earlier compliance dates.  Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England and Southeastern New England will need to comply by October 15, 2008.  Additional ports will be announced in the coming weeks.  The Coast Guard will provide at least 90-days notice prior to enforcement.

 

April 2008  At the end of March, nearly 40,000 TWIC cards had been activated, with an additional 200,000 individuals enrolled and another 170,000 pre-enrolled in the TWIC program.  With approximately 95 centers operational, over 60% of the total schedule to open, TSA estimates that the average enrollment time is under 10 minutes.

 

March 2008 Lockheed Martin recently released a list of procedures and requirements for hosting a temporary mobile/portable enrollment center.  These sites are designed to enroll employees, unions, associations, etc. while providing an added convenience of avoiding individual trips to a fixed location for enrollment.  Meeting the requirements listed does not guarantee having a mobile enrollment capability established at any stakeholder’s facility.  Lockheed Martin reserves the right to prioritize or decline specific mobile deployments based on each site’s unique circumstances.

 

February 2008 TSA recently published the TWIC Dashboard.  This two-page document provides point-in-time program information on enrollment and adjudication related statistics.  To view this document, click here.

 

January 2008  An adaptable TWIC Training Program Template is available for use by terminals who are required to train their employees according to the associated TWIC requirements stated in Enclosure (3) of USCG NVIC 03-07, Section 3.3(g), p. 16-17.

 

December 2007 Lockheed Martin has recently issued additional information regarding mobile enrollment sites.  Such locations may be requested by facilities interested in hosting a temporary enrollment location for their employees and stakeholders.  These sites must be able to provide the required equipment and infrastructure.  Click here for more information.

 

October 2007 TWIC enrollment begins on October 16, 2007 at the Port of Wilmington, DE. Dates for enrollment of workers at other ports have not been posted at this time.  Pre-enrolling online speeds up the process by allowing workers to provide biographic information and schedule a time to complete the application process in person.  

 

August 2007 Facilities wishing to amend their MTSA restricted area must do so by September 4, 2007.  This option is not intended for bulk liquid terminals.  Tank farms that are specifically used to stage cargo for loading to a vessel or to receive cargo at its first point of rest upon discharge from a vessel “are not eligible for exclusion [NVIC 3.4.a(2)].  All ports will begin to enforce TWIC rules no later than September 25, 2008.

 

July 2007 Coast Guard released the Navigation and Vessel Inspection Circular 03-07. This document is intended to provide guidance for the implementation of the TWIC program in the maritime sector. 

 

April 2007 TSA identified 120 locations to serve as enrollment centers for the TWIC implementation process.  Enrollment in the TWIC program is scheduled to open at the Port of Wilmington in Delaware.  According to Lockheed Martin, the contractor for Phase I implementation, enrollments will follow in New York, NY, Miami, FL, Philadelphia, PA, Norfolk, VA, Baltimore, MD, Jacksonville, FL, and Charleston, SC.  The deadlines for completion of the process have not been published; however, each Captain of the Port is to notify facilities 90 days before compliance is required.

 

November 2006 The May 22, 2006 TWIC provisions have been divided into two separate regulatory projects. The first rule establishes the requirements for the enrollment and card issuance phase of the TWIC program. The second rule will include requirements for purchasing and installing TWIC access control technologies. It is unclear what type of testing, if any, will be done prior to implementation.  A public comment period will follow publication of the proposed rule in the Federal Register, which is expected sometime in 2007.

 

October 2006 The Government Accountability Office (GAO) recently issued a report advising the Department of Homeland Security (DHS) to address problems with the Transportation Worker Identification Credential (TWIC) program prior to program implementation. The GAO report stated that major problems during the TWIC testing period resulted from (1) inefficient enrollment and issuing procedures; (2) limited information on the use of TWIC access control technologies; and (3) lack of understanding what impact the TWIC program might have on the flow of maritime commerce.

 

June 2006 The comment period for the May 22, 2006 proposed rule ended on June 6, 2006. Common concerns included high costs, card reader specifications and requirements, definition of disqualifying crimes, ability to work while awaiting issuance of a TWIC, program effectiveness in meeting MTSA objectives, and others. Comments were received from members of both the oil and natural gas industry and the chemical manufacturing industry.

 RELATED ILTA ARTICLES

 

ILTA provides a monthly newsletter to its membership. Members may log in to the Member Resources page to access archived newsletters. The following is a list of articles ILTA has published in its newsletter relating to the TWIC requirement.

  • TWIC Enforcement Dates Approach: Will Cards be Issued in Time?, August 2008 Issue (p.2)

  • DHS Announces New TWIC Compliance Timeline for Several Captain of the Port Zones, July 2008 Issue (p.5)

  • DHS Delays Initial TWIC Compliance Date Until April 2009, June 2008 Issue (p.3)

  • TWIC Enrollment Begins, Terminals Obligated to Provide Training November 2007 Issue (p.4)

  • Start of TWIC Enrollment and Publication of CFATS Final ‘Appendix A’ Remain Uncertain October 2007 Issue (p.4)

  • Coast Guard Issues Final Guidance Document on TWIC Implementation, August 2007 Issue (p.2)

  • DHS Gears Up To Implement TWIC Despite GAO Testimony Citing Remaining Challenges, June 2007 Issue (p.2)

  • TWIC Program Enrollment Dates Remain Uncertain, May 2007 Issue (p.3)

  • TWIC Enrollment Set to Begin in Wilmington, DE, April 2007 Issue (p.2)

  • DHS Publishes Final TWIC Rule Covering Process for Issuing ID Cards, February 2007 (p.2)

  • GAO Says TWIC Program Should be Delayed, December 2006 Issue (p.3-4)

  • TWIC Program Appears Likely to Expand Beyond Maritime Sector, July 2006 Issue (p.2)

  • DHS Issues Proposed Rule for TWIC, June 2006 Issue (p.2)

 

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