CG Sends TWIC Reader Final Rule to OMB

On Saturday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the Coast Guard had submitted their final rule on Transportation Worker Identification Credential (TWIC); Card Reader Requirements (RIN: 1625-AB21) for review. The notice of proposed rulemaking for this action was published in March 2013.

The abstract for this rulemaking listed in the Fall 2015 Unified Agenda describes the rule this way:

“The Coast Guard is establishing electronic card reader requirements for maritime facilities and vessels to be used in combination with TSA's Transportation Worker Identification Credential (TWIC). Congress enacted several statutory requirements within the Security and Accountability for Every (SAFE) Port Act of 2006 to guide regulations pertaining to TWIC readers, including the need to evaluate TSA's final pilot program report as part of the TWIC reader rulemaking. During the rulemaking process, we will take into account the final pilot data and the various conditions in which TWIC readers may be employed. For example, we will consider the types of vessels and facilities that will use TWIC readers, locations of secure and restricted areas, operational constraints, and need for accessibility. Recordkeeping requirements, amendments to security plans, and the requirement for data exchanges (i.e., Canceled Card List) between TSA and vessel or facility owners/operators will also be addressed in this rulemaking.”

While the Chemical Facility Anti-Terrorism Standards (CFATS) program is not directly affected by this rulemaking, I suspect that facilities that are using Option 3 in the CFATS personnel surety program (PSP) might want to take a look at this rulemaking when it comes out. At some point in time, the DHS Infrastructure Security Compliance Division may consider adding some or all of the requirements from this final rule to their implementation of the TWIC Readers under Option 3. That change, if it comes, would not likely take place until the second phase of the PSP is put into place to include Tier III and Tier IV facilities.

I expect that it will take a couple of months, at least, for OIRA to review and approve this rulemaking.