Comments for TWIC Reader NPRM – 6-22-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

Comments for TWIC Reader NPRM – 5-18-13

Comments for TWIC Reader NPRM – 5-25-13

Comments for TWIC Reader NPRM – 6-1-13

Comments for TWIC Reader NPRM – 6-8-13

Comments for TWIC Reader NPRM – 6-15-13

There were 10 comments posted this week, a record for this docket but hardly a major closing comment period for a rule that has been as long awaited or as recently debated in Congress as this one.  Maybe the port security community knows more about the TWIC Reader than does Congress or the GAO.

Address GAO Report Concerns

A chemical bulk terminal operator recommends that the final rule be delayed until the Coast Guard and TSA have a chance to address the concerns expressed in the recent GAO report on the TWIC Reader Pilot. This argument was also raised by a member of Congress, a barge operator.

Expand TWIC Reader Requirements

A port security consultant recommends that the TWIC Reader requirements be extended to any Group B or C facility that shares a fence line with a Risk Group A facility. They argue that the common fence line would be easier to access from a lower risk facility if that facility does not require biometric verification of identity and TWIC status. They also argue that each Risk Group B and C facility be required to have one portable TWIC Reader available to respond to sudden changes is security situation that might require the deployment of a TWIC Reader.

An identification card vendor association make the point that Congress did not specify differing security standards based upon some arbitrary risk group ranking. They note that the use of the TWIC as a visual flash pass ID makes it no more useful than any other printed ID card.

Multiple Entries

The chemical bulk terminal operator recommends that the multiple entry rule be changed to require that only during the initial entry to a facility in a 24-hour period should an individual have to utilize a TWIC Reader to gain access. During subsequent entries the TWIC could be used as a flash pass in accordance with USCG Policy Advisory Council (PAC) 08-09 [No link available, I’m sorry, but the CG Homeport page does not provide for permanent links to documents].

A local water taxi company makes a point made in multiple earlier comments that requiring the showing of a TWIC upon every entry to secured spaces on smaller vessels with limited crews makes no sense.

Exempt Smaller Facilities

A marine service organization thinks that automatically making barge fleeting facilities that handle Certain Dangerous Cargo (CDC) Risk Group A facilities ignores the security realities of these facilities, particularly the limited access that is available. An Alaskan cruise line operator expresses the same concern for small cruise facilities.

Crewmember Definition

The barge operator would like to see the final rule include a definition of ‘crewmember’ based upon the definition in Navigation Vessel Inspection Circular 03-07. This is particularly important when considering the 14-crewmember exemption for requiring a TWIC Reader on Risk Group A vessels.

Comments for TWIC Reader NPRM – 6-15-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

Comments for TWIC Reader NPRM – 5-18-13

Comments for TWIC Reader NPRM – 5-25-13

Comments for TWIC Reader NPRM – 6-1-13

Comments for TWIC Reader NPRM – 6-8-13

Only six comments were received in the last week and there is less than a week left in the extended comment process. The commenters include two industry organizations, a petrochemical manufacturer, a barge operator, a local government ferry operator, and a local port authority.

Barge Fleet Exemption

A barge and tugboat association urges the Coast Guard to exempt barge fleeting operations from the requirement of using TWIC Readers. They argue that the current requirement based upon periodic handling of Certain Dangerous Cargo (CDC) ignores the unique situation of these facilities and the limited access already allowed.

Electronic Flash Pass

A major petrochemical manufacturer recommends that the Coast Guard specifically authorize the use of the TWIC in conjunction with an electronic access control system (not a full TWIC Reader) as an electronic flash pass instead of requiring visual inspection when a TWIC Reader is not deployed.

Portable TWIC Readers

The petrochemical manufacturer requests that the final rule specifically address the use of portable TWIC Readers at infrequently used entrances to facilities.

Risk Group A Designations

The petrochemical manufacturer objects to “the arbitrary re-designation of petroleum refineries, non-CDC bulk hazardous materials facilities, and petroleum storage facilities into Risk Group A”. They don’t believe that the designation is justified upon a risk-based analysis.

A local government ferry operator objects to the designation of ferries in Risk Group A solely based upon the number of passengers carried. They would rather see a vessel-specific risk assessment used to determine the risk group assignment of vessels. A local government port operator makes the same argument for assessing the risk group assignments for port facilities.

TWIC Reader Expansion to Risk Group B Facilities

A biometric industry association recommends the expansion of the use of TWIC Readers to Risk Group B facilities. The petrochemical manufacturer disagrees and calls the suggestion self-serving.

A local government ferry operator objects to the designation of ferries in Risk Group A solely based upon the number of passengers carried. They would rather see a vessel-specific risk assessment used to determine the risk group assignment of vessels.

Comment Period Ending

The extended TWIC Reader extended comment period will end this Thursday. Based upon previous TWIC related rulemakings, there will almost certainly be a surge in the number of comments submitted during the coming week.

Comments for TWIC Reader NPRM – 6-8-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

Comments for TWIC Reader NPRM – 5-18-13

Comments for TWIC Reader NPRM – 5-25-13

Comments for TWIC Reader NPRM – 6-1-13

Just about half-way through the one-month extension for comments on the TWIC Reader NPRM there are just four new comments posted. The comments come from a barge fleet operator, two terminal operators and a bus-transportation industry organization.

Cover Over-the-Road Bus Drivers

The bus industry organization is asking that the TWIC program be expanded to include over-the-road bus drivers. It reports that the industry is currently being governed by a patchwork of background screening requirements and this is making it difficult for the small business owner to operate in multiple markets, or even serving a variety of security conscious customers in a limited geographical area.

This is certainly outside of the scope of the Coast Guard’s rulemaking effort. The issue should be more appropriately address through Congress.

Expand TWIC Reader Requirement

The terminal operator is suggesting that the use of the TWIC Readers should be required for more than just the Risk Category A facilities. They note that they have carefully integrated a TWIC reader into their access control system at all of their facilities, in many cases utilizing Federal security grants. They are concerned that limiting the TWIC Reader requirements to just the Risk Category A facilities will mean that much of that money will have been wasted and that security at many those facilities will decline if they effectively have to switch to a ‘flash pass’ system because TWIC Readers are not required.

Similarly, a fuel-terminal operator, questions if the intent of the proposed rule would prevent Risk Category B&C facility operators from requiring the use of TWIC Readers at their facilities instead of using guards to inspect the use of the ‘flash pass’ TWIC.

Small Facility Exemption

The fuel-terminal operator expressed the opinion that small facilities regulated under 49 CFR 105 should be provided a TWIC Reader exemption for facilities with less than 14 people. They note that the same reasoning allowing that exemption for vessels would apply equally well to facilities.

Change Barge Rules

The barge fleet operator objects to ammonium nitrate bulk barges being categorized as Risk Group A vessels. They also note that where there is no ‘bank access’ to areas where CDC (certain dangerous cargo) are stored that those vessel should be reclassified as Risk Group B or C.

Comments for TWIC Reader NPRM – 6-1-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

Comments for TWIC Reader NPRM – 5-18-13

Comments for TWIC Reader NPRM – 5-25-13

The second week into a one-month comment extension and there were only two comments posted this week; an individual and a marine service operator.

Waterside Access

The individual commentor questions the need for TWIC Readers when “the biggest threat to any facility in any port is waterside access because facilities do not have authority to enforce laws or access on the water”.

Barge Fleeting Facilities

The marine service operator questions the need for TWIC Readers at barge fleeting facilities when the serviced vessels will not be required to have TWIC Readers because of the 14 person crew limit rule. He notes that most of these facilities employee even fewer people than the towing vessels they service.

Comments for TWIC Reader NPRM – 5-25-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

Comments for TWIC Reader NPRM – 5-18-13

This is the first week into the comment extension period. One comment was published before the old comment period end on Tuesday and the remaining five comments were posted on Friday.

GAO Report

The GAO report was mentioned this week. A private individual had a comment just on the GAO issues, suggesting that the “GAP performance issues” need to be resolved before the TWIC Reader Rule moves forward. A maritime union recommended that the GAO recommendation for a security assessment of the TWIC program (not just the TWIC Reader) is conducted

Every Entry Rule

Complaints continue (here, here and here) about the requirement to use the TWIC as a flash pass every time an individual enters a secure space on Risk Group B and C vessels.

Facilities Serving Multiple Passenger Vessels

One commenter wanted clarification about the risk group status of a facility that only served Risk Group B and C vessels, but that might have multiple vessels being serviced at the same time putting it over the 1000 passenger limit.

Need for TWIC Readers

An industry association questioned the need for adding TWIC Readers to security plans for Risk Group A vessels and facilities. They did not see how it would materially increase security or reduce the potential occurrences of Terrorism Security Incidents (TSI). A maritime union agrees and extends that to the TWIC program in general. Neither comment will be effective in this particular case because both the program and the TWIC Reader have been mandated by Congress, not the Coast Guard.

Comments for TWIC Reader NPRM – 5-18-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

Comments for TWIC Reader NPRM – 5-11-13

This week we have 14 submissions, two of which come from the same person and one from a previous commentor. There is no indication that any of these commenters were affected by the recent congressional hearing on the TWIC Reader Pilot, but it may be just too soon to expect responses to reflect that hearing.

Flash Pass for Each Entry

The requirement for a TWIC holder to present the TWIC for visual inspection upon each entry to secure spaces on board vessels continues to be identified as a concern by many commenters, particularly passenger vessel operators.

TWIC Readers on Vessels

An individual commenter made an interesting observation about requiring TWIC Readers on Vessels. He noted that all vessel entries are via facilities thus entry onto a vessel is already covered by a TWIC Reader at the facility. This does not take into account the entry of personnel at foreign ports or access to vessels underway (pilots for instance).

TWIC Reader Pilot Participant

A commenter that was a participant in the TWIC Reader Pilot noted that they experienced “failed readers, failed hot-list, excessive time burden (and) lost data”. They note that: “As a TWIC Pilot Program (sic) participant, we strongly believe the pilot has not adequately demonstrated the justification of the cost of the program.”

Vessel vs Facility Reader Requirements

A commenter noted that they were told at a regional public meeting that passenger facilities handling vessels certified to carry over 1,000 passengers would be required to utilize TWIC Readers even if the vessels serving the facility were not because of the 14-person provisions. The commenter argues that facility reader requirements should be more closely linked to the reader requirements of the vessels that serve the facility.

Comment Period Extension

The original comment period for this NPRM would have ended this coming Tuesday. We would have expected to see a surge in comments being submitted on Monday and Tuesday. With the one month extension already having been announced, it will be interesting to see if this has any significant effect on those expected submissions.

Comments for TWIC Reader NPRM – 5-11-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Comments for TWIC Reader NPRM – 4-27-13

After a week with no comments there were six comments filed this last week from a variety of organizations, public and corporate. Comments came from:

Un-Cruise Adventures

Washington State Department of Transportation

Marine Spill Response Corporation (MSRC)

Port of Houston Authority

Madeline Island Ferry Line, Inc.

Phillips Cruises & Tours, LLC

Use of TWIC at ‘Each Entry’

The comment from Phillips Cruises is generally supportive of the limited application of the TWIC Reader, but the owner, Robert Neumann, is concerned about the requirement to show the TWCI (as a flash pass) upon each entry into a designated secure area on a vessel. With multiple, separated secure areas crewmembers move through and between such areas multiple times each day. Neumann notes that they do not have security personnel standing watch at the entrances to these areas to check TWICs.

These comments were supported by comments from Madeline Island Ferry Line, Port of Houston Authority, Washington State Department of Transportation, and

CDC in Bulk

The comments submitted by the Port of Houston Authority questions the use of the term “CDC in bulk” since it is not defined in the NPRM. They specifically ask if a container facility handling ISO containers of CDC are considered to be handling CDC in bulk? They also ask if a facility that offers layberths for vessels that carry CDC in bulk, but is not capable of handling the CDC, would it still be considered a Group A facility?

TWIC Reader Unnecessary

The comments from MSRC question the requirement for TWIC Readers. They note the cost for readers is very large and that the cost of the equipment is not justified by the minimal increase in security provided.

The Washington State DOT echoes these comments, noting that their state of the art access control system and video surveillance system exceeds the security provided by TWIC Readers.

Coast Guard Extends TWIC Reader Rule Comment Period

Today the Coast Guard published a notice in the Federal Register (78 FR 27335-27336) announcing a 30-day extension of the comment period for the TWIC Reader Rule. Comments are now due by June 20^th, 2013.

There is nothing in the notice indicating why the extension was requested or approved. Back on April 2^nd Rep. Thompson (D,MS) and Rep. Jackson-Lee (D,TX) sent a joint letter to the Coast Guard requesting a 90-day extension of the comment period and additional public meetings to be held in ‘geographically diverse maritime areas’. The reason for their request was:

“The comments and concerns expressed during the TWIC reader NPRM process will effect over 2.4 million current TWIC holders and is an important component of the Coast Guard’s multi-layered system of access control requirements and other measures designed to enhance maritime security.”

At the time of the letter was written only one TWIC Reader NPRM meeting had been announced. Since then three additional meeting have been scheduled (and held) around the country. There have been very few comments filed on the NPRM to date which brings into question the need for this extension.

Having said that, however, the recent GAO report and comments at yesterday’s hearing on the TWIC Reader pilot study may bring congressional scrutiny to the whole TWIC Reader program. This extension may inadvertently provide time for Congressional action to delay or cancel the program, ironically because of Congressional complaints (most vocally from Rep. Thompson) about the delays in the implementation of this rule. To be fair though, there would have been sufficient time for Congress to act in any case since this is an NPRM and not yet a final rule.

Comments for TWIC Reader NPRM – 4-27-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

Comments for TWIC Reader NPRM – 4-13-13

Half-way through the 60-day comment period on this notice of proposed rulemaking and the Coast Guard has received its first corporate comments. The four comments received in the last week were from:

• The American Institute of Architects;

• International Biometrics & Identification Association (IBIA);

• Passenger Vessel Association; and

• Lake Carriers' Association

The comments from the Lake Carriers’ Association were generally positive, supporting the failure to require TWIC readers for Risk Group B and C vessels and facilities. The American Institute of Architects comment was a copy of a slide presentation about TWIC Readers used in a continuing education course. The IBIA comments included a suggestion that the Coast Guard should expand the TWIC Reader requirement to include Risk Group B vessels and facilities. The Passenger Vessel Association comment objected to the use of the TWIC as an access control tool (instead of just a proof of vetting document) and suggested that the recurring access provisions include in the ANPRM should be restored, particularly for passenger vessels and terminals.

The IBIA comments were actually a copy of the prepared remarks that they presented at the TWIC Reader Meeting in Arlington, VA on April 18^th. Unfortunately, the Coast Guard has yet to publish the transcripts of the comments from that meeting or the Houston, TX meeting on April 25^th (okay, I’ll give them that that was just last week).

I expect that we will be seeing more corporate comments like these as we approach the end of the comment period on May 21^st.

CG Announces Fourth TWIC Reader Meeting

As I predicted a week ago the Coast Guard published a meeting notice (78 FR 22218-22219)

in Monday’s Federal Register (available on-line today) for the fourth public meeting to allow public feedback on the TWIC Reader NPRM. This meeting will take place in Chicago on May 9^th, 2013.

The previously announced meetings will be held:

4-18-13 Arlington, VA;

4-25-13 Houston, TX; and

5-2-13, Seattle, WA

That covers all four ‘coasts’ so, unless the folks in New York and Los Angeles scream real loud, I think this will be the end of the public meetings on the NPRM.

Comments for TWIC Reader NPRM – 4-13-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

Comments for TWIC Reader NPRM – 4-6-13

There was only one comment on the TWIC Reader NPRM this week. This is another diatribe against the TWIC program mainly dealing with the problems involved with renewing a TWIC. We are still waiting to see the first of the corporate responses, but I suspect that those won’t be forthcoming for a couple of weeks yet.

Comments for TWIC Reader NPRM – 4-6-13

This is part of a continuing series of blog posts on the public comments filed in the previous week for the Coast Guard’s TWIC Reader NPRM. The previous posts in the series are listed below.

Comments for TWIC Reader NPRM – 3-31-13

This week saw only four new comments posted on the TWIC Reader docket on the Federal eRulemaking Portal. Again this is still early in the comment period for the major players to have comments posted so it is not unusual that this week’s comments come from three individuals and an LLC.

Anti-TWIC

The TWIC program has many detractors and two of this week’s commenters are certainly counted in that group. Kenneth Deloach makes an interesting observation in his comment:

“Homeland security is looking at our industry from the wrong direction. Why try to take over a tow when you can launch a pleasure boat filled with explosives from a public boat ramp and access all docks and commercial marine vessels from the waterways.”

Harry Thompson adds this observation:

“But believe me (I am a Barge Captain for over 30 years) when I say this ‘A child could gain access to most terminals’ without anyone knowing it.”

Periodic Risk Group A

The problems of facilities that only fall under the Risk Group A definition periodically have legitimate concerns about bearing the cost of a TWIC Reader when it will only be required to be used for very limited periods of time. Both Greer McKeen and Gunther Hoock describe their situation in this regards.

I don’t see the Coast Guard making substantive changes to the Risk Group A requirements. This will almost certainly lead to port security firms offering portable TWIC Readers as a service for these types of situations.

CG Announces Third TWIC Reader Meeting

The Coast Guard published a meeting notice in today’s Federal Register (78 FR 20558-20559) for a TWIC Reader NPRM meeting in Seattle, WA on May 2^nd, 2013. This is the third meeting announced (4-18-13 Arlington, VA; 4-25-13 Houston, TX) to allow members of the affected public to comment on the provisions of the notice of proposed rulemaking.

East Coast, Gulf Coast, and West Coast; I suspect that there will be at least one more announcement of a meeting in the Great Lakes region.

CG Announces TWIC Reader Meeting

Today the Coast Guard published a notice in the Federal Register (78 FR 20289-20290) announcing a public meeting to receive comments about the recently published TWIC Reader NPRM. The meeting will take place in Houston, TX on April 25, 2013. Public comments, both oral and written, are being solicited at this meeting.

There is nothing in the notice that would indicate that the public meeting will be web cast or made available by other electronic means.

Comments for TWIC Reader NPRM – 3-31-13

Just a little over a week since the Coast Guard published their NPRM to implement the use of TWIC Readers there is a public response on the public docket on the Federal eRulemaking Portal. There are also links to three supporting documents on the site.

Supporting Documents

The three supporting documents are:

• Homeland Security Institute IV&V of TWIC Reader Requirements;

• TWIC Reader Pilot Program Final Report

• Preliminary Regulatory Analysis and Initial Regulatory Flexibility Analysis

The first is an independent verification and validation of the TWIC Reader requirement. There have been more and more calls for this type of peer review of DHS assessments and requirements. It is important for this document to be included in this docket.

Comments

With just a little over a week into the comment period it is not unusual for there to be only a single comment on the NPRM posted. As is to be expected it is from a single individual, not a company or organization; they take longer to formulate their replies. Just as expected, it is a negative comment about the TWIC program and not an actual comment on the NPRM. Even though they will have no effect on the TWIC Reader implementation I expect that we will see more of these types of comments.

CG Announces TWIC Reader Meeting – 4-18-13

Today the Coast Guard published a meeting notice in the Federal Register (78 FR 18534-18535) for a public meeting on April 18^th, 2013 in Arlington, VA concerning the recently published TWIC Reader NPRM. According to the notice “provide an opportunity for oral comments. Coast Guard personnel will accept written comments and related materials at the public meeting as well.”

There is nothing in the notice that would indicate that the Coast Guard is intending to provide a presentation about the NPRM. It appears that this is just an opportunity for public comment. This probably explains why there is no mention in the notice of the electronic sharing (web cast or telephone bridge, for instance) of this meeting that we have come to expect from Coast Guard sponsored meetings. A written summary of the meeting and the oral comments will be posted to the rulemaking docket (www.Regulations.gov; Docket # USCG-2007-28915).

It does not appear that the Coast Guard intends to engage in a discussion about the publicly received comments at this meeting. Any official response to the comments will be found in the preamble to the final rule when it is published.

The notice does mention that there is a possibility that the Coast Guard may hold another public meeting on the NPRM before the comment period ends on May 21^st, 2013. A separate Federal Register notice would be published if that occurs.

OMB Announces Approval of TWIC Reader NPRM

Yesterday the Office of Management and Budget (OMB) announced that it had approved the Coast Guard’s notice of proposed rulemaking (NPRM) on the TWIC Reader Rule. The approval was ‘consistent with change’. This NPRM was submitted to OMB back on November 16^th, 2012. This long overdue rule was supposed to have been completed by August 20^th, 2010.

An abstract of the rulemaking submission to the OMB 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. 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. 

With the OMB requiring some sort of relatively minor change (details not specified on the OMB site) It may be a couple of weeks before we see the TWIC Reader NPRM in the Federal Register.