TWIC Reader ANPRM – Risk Groups

This is the second in a series of blogs about the advanced notice of proposed rule making (ANPRM) that the Coast Guard recently published about the potential regulation of transportation worker’s identification credential (TWIC) reading devices. These devices would be used to verify the identity of people working in ships and facilities covered under the Maritime Transportation Security Act (MTSA). The other blogs in this series include: TWIC Reader ANPRM – Identification Techniques The ANPRM expresses the Coast Guard’s current thinking about what types of requirements will be included in the regulations that will be formally proposed later this year. This post looks at the risk based deployment requirements that might govern the actual use of the TWIC Readers. General Risk Considerations There are two different types of security consideration that the Coast Guard is considering to use to define the requirements for the use of these devices to validate the identity of workers authorized unescorted access to secure areas within MTSA covered facilities. The first is the security risk specifically associated with the facility where the TWIC Reader will be used. To provide a useable measure of this risk all MTSA covered vessels and facilities would be classed into one of three risk groups (A – highest risk, B, and C). The second type security risk is more general in nature and is expressed as the Maritime Security (MARSEC) level (1 – highest risk, 2, and 3). MARSEC is published by the Coast Guard for all MTSA covered facilities in a specified area and is based on current intelligence assessments. Risk Group Determination The Coast Guard has used the Maritime Security Risk Analysis Model (MSRAM) to develop a risk-based ranking for all covered vessels and facilities by type. Three factors were used in the MSRAM to produce the risk-based ranking; the “maximum consequence resulting from a terrorist attack, the criticality to the nation's health, economy and national security, and the utility of TWIC in reducing risk” (74 FR 13363). Once the MSRAM had produced a risk rank list for each type of vessel or facility covered under the MTSA regulations, those lists were analyzed using the Analytic Hierarchy Process (AHP) to divide each list into three groups. Because of the importance of these groupings to this potential regulation the Coast Guard has asked the “Homeland Security Institute (HSI) to provide an independent peer review of our analysis” using the AHP. The HIS review will, when completed this fall, be placed in the docket for this ANPRM and subsequent NPRM. Proposed Risk Groups The ANPRM (74 FR 13367) provides the descriptions of covered vessels and facilities as they fit into the three Risk Groups. Risk Group A would include:

(1) Vessels that carry Certain Dangerous Cargoes (CDC) in bulk; (2) Vessels certificated to carry more than 1,000 passengers; (3) Towing vessels engaged in towing a barge or barges subject to (1) or (2) above; (4) Facilities that handle CDC in bulk; (5) Facilities that receive vessels certificated to carry more than 1,000 passengers; and (3) Barge fleeting facilities that receive barges carrying CDC in bulk.

Risk Group B would include:

(1) Vessels that carry hazardous materials other than CDC in bulk; (2) Vessels subject to 46 CFR Chapter I, Subchapter D, that carry any flammable or combustible liquid cargoes or residues; (3) Vessels certificated to carry 500 to 1,000 passengers; (4) Towing vessels engaged in towing a barge or barges subject to (1), (2), or (3) above; (5) Facilities that receive vessels that carry hazardous materials other than CDC in bulk; (6) Facilities that receive vessels subject to 46 CFR Chapter I, Subchapter D, that carry any flammable or combustible liquid cargoes or residues; (7) Facilities that receive vessels certificated to carry 500 to 1,000 passengers; and (8) Facilities that receive towing vessels engaged in towing a barge or barges carrying hazardous materials other than CDC in bulk, crude oil, or certificated to carry 500 to 1,000 passengers. (9) All OCS [Outer Continental Shelf] facilities subject to 33 CFR part 106 would fall into risk group B.

Risk Group C would include:

(1) Vessels carrying non-hazardous cargoes that are required to have a vessel security plan; (2) Vessels certificated to carry less than 500 passengers; (3) Towing vessels engaged in towing a barge subject to (1) or (2) above; (4) Mobile Offshore Drilling Units (MODU); (5) Offshore Supply Vessels (OSVs) subject to 46 CFR chapter I, subchapters L or I; (6) MTSA-regulated facilities that receive vessels carrying non-hazardous cargoes that are required to have a vessel security plan; (7) Facilities that receive towing vessels engaged in towing a barge carrying non-hazardous cargoes; (8) Facilities that receive vessels certificated to carry less than 500 passengers.