Thursday, October 27, 2022

OMB Approves 2nd TWIC Reader Delay NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a Coast Guard notice of proposed rulemaking (NPRM) on “TWIC--Reader Requirements; Second Delay of Effective Date”. This rule would extend the implementation delay of the TWIC reader requirements for facilities handling or receiving vessels carrying Certain Dangerous Cargo that was set in place in the 2020 TWIC reader rulemaking.

There are three categories of facilities related to CDC issues for the purposes of the TWIC reader requirements outlined in 33 CFR 105.253(a). These facilities are currently slated to be required to implement the TWIC reader requirements on May 8th, 2023. The Coast Guard is still waiting for the congressionally mandated review of those requirements. That study by the Homeland Security Operational Analysis Center (HSOAC), once published, will have to be subject to public review and comments before the TWIC reader requirement can be implemented at these facilities. This new rulemaking would extend the current exemption through 2026 to allow that process to continue.

The Coast Guard will probably publish this rulemaking later this week.

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