CG Sends 2nd TWIC Reader Delay Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a final rule from the Coast Guard on TWIC--Reader Requirements; Second Delay of Effective Date. The notice of proposed rulemaking for this action was published on December 6^th, 2022.

According to the abstract for this rulemaking in the Spring 2024 Unified Agenda:

“On August 23, 2016, the Coast Guard issued a final rule, requiring owners and operators of certain vessels and facilities regulated by the Coast Guard to conduct electronic inspections of Transportation Worker Identification Credentials (TWICs) as an access control measure (81 FR 57652).  On August 2, 2018, the TWIC Credential Accountability Act of 2018 was enacted.  It prohibited implementation of the 2016 rule until after the Coast Guard submitted a report reviewing the security value of the TWIC program.  On March 9, 2020, the Coast Guard published its first TWIC delay rule (85 FR 13493).  On December 6, 2022, the Coast Guard proposed to further delay portions of the 2016 final rule for three categories of facilities until May 8, 2026, or later depending on the outcome of the Homeland Security Operational Analysis Center (HSOAC) study and consideration of public comments.  On December 23, 2022, Congress enacted the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which directs the Secretary not to implement the 2016 final rule for covered facilities before May 8, 2026.  On April 17, 2023, the Coast Guard published a conforming amendment rule that removed from the CFR earlier implementation dates for facilities covered by this legislation (88 FR 23349).  The Coast Guard plans to issue a final rule to respond to comments from the NPRM and address whether the implementation date should be set beyond May 8, 2026.”