
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Rules and Regulations]               
[Page 6994-6995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe09-5]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

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

 
Transportation Worker Identification Credential (TWIC) 
Implementation in the Maritime Sector; Hazardous Materials Endorsement 
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of extension of compliance date, American Samoa, Captain 
of the Port Zone Honolulu.

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SUMMARY: This document informs owners and operators of facilities 
located on the island of American Samoa within Captain of the Port Zone 
Honolulu that the date by which they must implement access control 
procedures utilizing TWIC has been extended to no later than April 14, 
2009. This extension is due to the fact that a large percentage of the 
maritime workforce in American Samoa is not native to the island, and 
do not need to comply with United States immigration laws.

DATES: The new compliance date for the TWIC regulations found in 33 CFR 
part 105 for the island of American Samoa in Captain of the Port Zone 
Honolulu is April 14, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this document as being available in the docket, 
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are 
available for inspection or copying at the Docket Management Facility, 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You 
may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS), through 
the United States Coast Guard (Coast Guard) and the Transportation 
Security Administration (TSA), published a joint notice of proposed 
rulemaking entitled ``Transportation Worker Identification Credential 
(TWIC) Implementation in the Maritime Sector; Hazardous Materials 
Endorsement for a Commercial Driver's License'' in the Federal Register 
(71 FR 29396). This was followed by a 45-day comment period and four 
public meetings. The Coast Guard and TSA issued a joint final rule, 
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter 
referred to as the original TWIC final rule). The preamble to that 
final rule contains a discussion of all the comments received on the 
NPRM, as well as a discussion of the provisions found in the original 
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to 
realign the compliance date for implementation of the Transportation 
Worker Identification Credential (73 FR 25562). The date by which 
mariners need to obtain a TWIC, and by which owners and operators of 
vessels and outer continental shelf facilities must implement access 
control procedures utilizing TWIC, is April 15, 2009. Owners and 
operators of facilities that

[[Page 6995]]

must comply with 33 CFR part 105 are subject to earlier, rolling 
compliance dates, as set forth in 33 CFR 105.115(e). The Coast Guard 
announced the rolling compliance dates, as provided in 33 CFR 
105.115(e), at least 90 days in advance via notices published in the 
Federal Register. The final compliance date for all COTP Zones will not 
be later than April 15, 2009.
    On September 30, 2008, we announced the compliance date for COTP 
Zone Honolulu would be February 12, 2009 (73 FR 56730).

II. Notice of Facility Compliance Date--American Samoa, COTP Zone 
Honolulu

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners 
and operators must be operating in accordance with the TWIC provisions 
in this part by the date set by the Coast Guard in a Notice to be 
published in the Federal Register.'' Through this Notice, the Coast 
Guard informs the owners and operators of facilities subject to 33 CFR 
105.115(e) located on American Samoa within COTP Zone Honolulu that the 
deadline for their compliance with Coast Guard and TSA TWIC 
requirements has been extended until April 14, 2009.
    This extension is being granted due to the fact that approximately 
87% of the maritime workers that require TWICs in American Samoa are 
not native to the island, and do not need to comply with United States 
immigration laws. They are not issued a visa by the U.S. Department of 
State (DOS), and therefore they do not meet the immigration standards 
required for a TWIC, found in 49 CFR 1572.105. This new date provides 
sufficient time for the Coast Guard, in consultation with TSA, DHS, and 
DOS, to determine whether there is an equivalent visa category that 
these workers can use to qualify for a TWIC, or whether the TWIC 
requirement for facilities in American Samoa needs to be reconsidered, 
as it was for facilities located in the Commonwealth of the Northern 
Marianas Islands (72 FR 55043).
    We note that this compliance delay ONLY applies to facilities 
located on the island of American Samoa; facilities subject to 33 CFR 
part 105 in the remainder of COTP Zone Honolulu must continue to comply 
with the TWIC requirements beginning February 12, 2009.
    You may visit our Web site at homeport.uscg.mil/twic for a listing 
of all compliance dates by COTP Zone. This list is subject to change; 
any changes in compliance dates will appear on that Web site and be 
announced in the Federal Register.

    Dated: February 9, 2009.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
 [FR Doc. E9-3119 Filed 2-10-09; 1:00 pm]

BILLING CODE 4910-15-P
