CG Publishes 2nd TWIC Reader Delay NPRM

Today the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register (87 FR 74563-74573) for “Transportation Worker Identification Credential (TWIC)--Reader  Requirements; Second Delay of Effective Date”. This rulemaking would extend the enforcement date for the TWIC Reader requirements for facilities the three categories of facilities related to Certain Dangerous Cargo listed in 33 CFR §105.253(a) until 2026 and Coast Guard is considering a further extension until 2029.

The Coast Guard is soliciting comments on the rulemaking. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # USCG-2022-0052). Comments should be submitted by January 5^th, 2023.

Commentary

There will almost certainly be requests for extending this date because of the holidays. But the current TWIC Reader enforcement extension expires on May 23^rd and the Coast Guard will need time to review the comments and ‘formulate’ the final rule, so they will be reluctant to extend the comment date. Having said that, the OMB did approve the publication of this rulemaking (consistent with change) back on October 26^th. It took the Coasties an exceptionally long time to move from that approval to publication of the rule today. Much of that time could have been used to allow for more complete industry commentary.