More from TWIC Reader Notice of Proposed Rulemaking

Will there be a different requirement for TWIC reader use at elevated MARSEC Levels for Risk Group A?

The Coast Guard recognizes that the system of MARSEC Levels creates a useful mechanism for the Coast Guard to elevate security requirements at times of heightened risk. Nonetheless, the Coast Guard uses this mechanism in a targeted manner, and at this time, the Coast Guard does not believe that elevated TWIC reader requirements at higher MARSEC Levels are generally practical or appropriate. In considering the comments above, the Coast Guard notes the change that it has made from the ANPRM to this NPRM with respect to TWIC reader requirements. In the NPRM, the Coast Guard proposed TWIC reader requirements for Risk Groups A and B, with stricter TWIC reader requirements for both risk groups at higher MARSEC Levels. The ANPRM’s stricter TWIC reader requirements would have primarily affected Risk Group B because the ANPRM proposed routine biometric scanning with a TWIC reader for Risk Group A at all MARSEC Levels. For example, the ANPRM would have required Risk Group B to use TWIC readers at MARSEC Level 1 for card authentication (i.e., no routine biometric scan) and once-monthly biometric identity verification. The ANPRM, however, would have only required Risk Group B to regularly use TWIC readers for biometric identity verification at higher MARSEC Levels. In this NPRM, the Coast Guard has eliminated the proposed TWIC reader requirements for Risk Group B. The requirements for routine biometric scanning with a TWIC reader for Risk Group A remain the same as in the ANPRM. Note that the Coast Guard proposes increased requirements at higher MARSEC Levels to the extent that the NPRM would require Risk Group A to perform daily updates of CCL information at higher MARSEC Levels, instead of the weekly updates required at MARSEC Level 1.

What types of readers may be utilized?

The Department of Commerce’s National Institute of Standards and Technology (NIST) and TSA are developing TWIC reader specifications. TSA will establish a process to qualify TWIC readers, and will maintain a Qualified Technology List (QTL) of acceptable TWIC readers. The Coast Guard anticipates that there may be changes from the ICE Test list to the QTL list, based on final TWIC reader specifications resulting from the QTL process.

A list of TWIC readers that have passed the Initial Capability Evaluation (ICE) Test is available at http://www.tsa.gov/assets/pdf/twic_ice_list.pdf. As stated in PAC–D 01–11, however, TWIC readers allowed pursuant to PAC–D 01–11 may no longer be valid after promulgation of a TWIC reader final rule, and DHS will not fund replacement TWIC readers.

TSA is developing the QTL so that approved readers meet durability standards. Additionally, in this NPRM, we’re proposing requirements that provide owners and operators the flexibility to choose the TWIC reader that best suits their operational needs.

Section 101.105, Definitions.TWIC reader means an electronic device listed on TSA’s Qualified Technology List (QTL) and used to verify and validate: the authenticity of a TWIC; the identity of the TWIC-holder as the legitimate bearer of the credential; that the TWIC is not expired; and that the TWIC is not on the CCL. TSA’s QTL of acceptable TWIC readers may be accessed online at http://(TBD).

Notice of NMSAC Meeting, Jan. 18-19

In the Monday, January 9, 2012 Federal Register, the Coast Guard posted a meeting notice for the National Maritime Security Advisory Committee. This notice may be found in its entirety at http://www.gpo.gov/fdsys/pkg/FR-2012-01-09/pdf/2012-105.pdf. The Committee will meet on Wednesday, January 18, 2012 from 9 a.m. to 3 p.m. and Thursday, January 19, 2012 from 9 a.m. to 12 p.m. This meeting will be broadcasted via a web enabled interactive online format and teleconference. To participate via teleconference, dial (866) 717–0091, the pass code to join is 3038389#. Additionally, if you would like to participate in this meeting via the online web format, please log onto https://connect.hsin.gov/r11254182 and follow the online instructions to register for this meeting.

Agenda of Meeting

Day 1

The agenda for the Committee meeting is as follows:

(1) Maritime Domain Awareness and Information Sharing. The Committee will hold a discussion and will be tasked with developing guidelines and recommendations for the Coast Guard in enhancing information sharing between the maritime industry and the Federal Government;

(2) Maritime Transportation Security Act/Chemical Facility Anti-Terrorism Standards Harmonization. The Committee will receive a brief and offer recommendations on the harmonization efforts of the Coast Guard and the Department of Homeland Security for these two regulatory programs;

(3) Transportation Worker Identification Credential. The TWIC working group will provide an update on the implementation of the TWIC program from the industry perspective. The Transportation Security Administration will also provide an update on the development of TWIC readers;

(4) Public comment period.

Day 2

(1) Maritime Transportation Security Act (MTSA). The Committee will be briefed on upcoming regulatory actions associated with updates to MTSA;

(2) Global Supply Chain Security Initiative. Per the SAFE Port Act (Pub.L. 109–347) NMSAC continues to be consulted in regards to the Global Supply Chain Security Initiative. The Committee will receive an update on this initiative;

(3) Requirements for vessel guards while in port. NMSAC will review and provide comment on requirements for vessels to post or contract for guards while in US ports;

(4) Underwater Terrorism Preparedness Program. NMSAC will receive a brief on the Coast Guard Underwater Terrorism Preparedness Program;

(5) Public comment period.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, ADFO of NMSAC, 2100 2nd Street SW., Stop 7581, Washington, DC 20593–7581; telephone (202) 372–1108 or email ryan.f.owens@uscg.mil. If you have any questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202)366–9826.

TWIC/HME Compatability News (?) from TSA/TWIC Website

Newly posted on the TSA TWIC site, news about TWIC/ HME compatability:

Effective January 2012, the TSA Hazardous Materials Endorsement Security Threat Assessment Program (HTAP) will offer the ability for TWIC holders the option to obtain an HME without undergoing a new, full security threat assessment (STA). The STAs for both the HME and TWIC programs have been deemed comparable, therefore applicants will not be required to submit a new set of fingerprints and will pay a reduced fee when applying for a Comparable HME. The ability to apply for a Comparable HME within each state will be determined by each state’s division of motor vehicles. More details will be provided closer to implementation of HME-TWIC Comparability, including a listing of those States that will offer this capability. Click here for frequently asked questions on this topic.

HME/TWIC COMPARABLE SECURITY THREAT ASSESSMENTS

• Are the background checks for an HME the same as the background checks conducted for an individual applying for a TWIC?
• Yes. They have the same eligibility requirements, share a consistent waivers and appeals process and leverage the same fingerprint-based criminal history records check. As a result, the HME and TWIC have been deemed comparable.

• Is someone with an HME required to repeat the security threat assessment (STA) if they are applying for a TWIC?
• No. As a result of this, an applicant who applies for a TWIC after successfully completing the HME STA does not have to pay for a second criminal history records check (CHRC) and as a result, the fee for the TWIC is reduced by $27.25. All TWIC applicants must pay the fees that cover the other components of the TWIC program, including enrollment and card issuance.

• Does someone with a TWIC have to repeat the STA if they are applying for an HME?
• Effective January 2012, TWIC holders will be offered the option to apply for a comparable HME. As a result of this, an applicant who applies for an HME after successfully completing the TWIC STA will not be required to submit additional fingerprints or pay for a second CHRC, thus the fee for the HME is reduced by $22.25. All HME applicants must pay the fees that cover the other components of the HME program, including application fees.

• If someone already has a TWIC and is applying for a comparable HME, what is the application fee?
• The TSA HME application fee, within states that utilize the TSA-agent, is $89.25 – however; the fee will vary depending upon the State in which the individual is applying, if the applicant’s state does not utilize the TSA-agent. The fee for a comparable application is reduced by $22.25 (new total of $67.00 within TSA-agent states). Note: individuals should consider the expiration date of their current TWIC in order to determine if it is more cost effective to apply for a full or a comparable/reduced fee HME.

• Since HME requirements are specific to an individual State, are all 50 States including the District of Columbia, offering this comparability (where a TWIC holder receives a discount when applying for an HME)?
• Given specific State statutes, license cycles, and system limitations, not all States (including the District of Columbia) will be able to offer comparability in January 2012. Applicants in a State that can offer comparability will be provided notice during the application process – and the on-line enrollment system will offer the individual the option to pay a reduced fee by electing to apply for a comparable security threat assessment.

• If a TWIC holder chooses to apply for a comparable HME, what will the length of their HME be?
• The HME will be issued with the same expiration date of the individual’s existing TWIC. This date is the expiration date of the TSA security threat assessment.

• How does a TWIC holder who is applying for an HME know if the State where they are applying for the HME offers comparability?
• Closer to the implementation date of January 2012, TSA will post a listing of States that support Comparability on this website. Applicants can inquire with States about this during their application process, or can contact the HazPrints help desk at (877) 429-7746 (7am-9pm Eastern Monday through Friday). The online application for the HME program will also identify whether or not that State offers Comparability once an applicant specifies the State in which they are applying. The list of states that offer Comparability will be updated as other states determine that they can offer the reduced fee HME.

Maritime Security Content of GAO Report On DHS Progress Since 9/11

On Wednesday September 7, 2011, the Government Accountability Office released GAO Report 11-881, “Department of Homeland Security: Progress Made and Work Remaining in Implementing Homeland Security Missions 10 Years after 9/11.” Since DHS’ inception in 2003, the GAO has issued over 1,000 products about the agency. Since 2003, “DHS is now the third-largest federal department, with more than 200,000 employees and an annual budget of more than $50 billion. “ This particular report addresses DHS’s progress in implementing its homeland security missions since it began operations, work remaining, and issues affecting implementation efforts.

GAO divided DHS’ homeland security responsibilities into ten functional areas, one of which is maritime security. The report discusses progress made and work that remains to be done. Some highlights:

“However, the information system for tracking inspections and efforts to assess the effectiveness of security measures should be improved….We are conducting work examining the Maritime Security Risk Analysis Model, as well as reviewing the role that risk plays in the allocation of resources in the Port Security Grant Program… We plan to report the results from our ongoing work later this year.” (p. 106.)

“With regard to foreign seafarers, in January 2011 we reported that because of a lack of technology capability, DHS did not electronically verify identity and immigration status on board cargo vessels, thus limiting assurance that fraud was identified among documents presented by foreign seafarers seeking admission into the United States….For example, both CBP and the Coast Guard track the frequency of absconder (a seafarer CBP has ordered detained on board a vessel in port, but who departs a vessel without permission) and deserter (a seafarer CBP grants permission to leave a vessel, but who does not return when required) incidents at U.S. seaports, but the records of these incidents varied considerably among the two agencies.” (p. 108.)

Concerning the TWIC GAO report: “We recommended, among other things, that DHS assess the program’s internal controls to identify needed corrective actions, assess its effectiveness, and use the information to identify effective and cost-efficient methods for meeting program objectives. DHS concurred and stated that it has initiated a review of current Transportation Worker Identification Credential program internal controls with a specific focus on the controls highlighted in our May 2011 report. As DHS is in the early stages of implementing these actions, it is too early to assess their impact. Until such efforts are completed, it will be difficult for DHS to provide reasonable assurance that the program is meeting its goals and that only qualified applicants can acquire the credentials.” (p.108.)

Some other interesting extracts from the report are:

“Additionally, Coast Guard records showed that at some ports, a lack of resources hindered some Coast Guard units from meeting their self-imposed requirements for activities, such as escorts and boardings to secure tankers.” (p. 109.)

“In July 2011, DHS reported that it had completed an interagency review of maritime domain awareness requirements which resulted in the publication of a document that included key strategic capabilities, objectives, resources, and evaluative methods needed to maintain maritime domain awareness.” (p. 110.)

About small vessel security, the report states, “We identified limitations in the Coast Guard’s efforts to track vessels at sea. In March 2009, we reported that the means of tracking vessels at sea are potentially effective, but each has features that could impede its effectiveness. Also, the systems used in U.S. coastal areas, inland waterways, and ports—automatic identification system, radar, and video cameras—had more difficulty tracking smaller and noncommercial vessels because these vessels were not generally required to carry automatic identification system equipment, and because of the technical limitations of radar and cameras. To help address the small vessel threat, DHS developed a Small Vessel Security Strategy in April 2008, and in January 2011 issued the implementation plan for the strategy. As DHS is in the process of executing its implementation plan, it is too early to assess its effectiveness in enhancing

maritime security.” (p. 111.)

Upcoming USCG MTSA Policy Releases

An examination of presentations recently given by U. S. Coast Guard personnel have indicated that we can expect the following policy guidance to be released (in the near future?):

• Guidance on handling breaches of security (may already be out in the form of internal USCG document)
• Expanded guidance on seafarer access
• NVIC 03-07 update, possible in the form of a change
• TWIC Canceled Card List enforcement guidance