Title: Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Correction, 13155-13156 [E8-4901]

Download as PDF Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations 13155 FINAL REPORT OF THEFT RATES FOR MODEL YEAR 2005 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2005—Continued Manufacturer 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 Make/model (line) ROLLS ROYCE ....................................... GENERAL MOTORS ............................... GENERAL MOTORS ............................... FERRARI ................................................. FERRARI ................................................. FERRARI ................................................. GENERAL MOTORS ............................... GENERAL MOTORS ............................... HONDA .................................................... JAGUAR .................................................. JAGUAR .................................................. NISSAN .................................................... NISSAN .................................................... SPYKER .................................................. VOLVO ..................................................... Issued on: March 7, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8–4951 Filed 3–11–08; 8:45 am] BENTLEY ARNAGE ....................................... CADILLAC FUNERAL COACH/HEARSE ...... CADILLAC LIMOUSINE ................................. MARANELLO/F1 ............................................ SCAGLIETTI/F1 ............................................. SPIDER/F1 ..................................................... CHEVROLET CLASSIC ................................. GMC K2500 ................................................... INSIGHT ......................................................... XJR ................................................................. XK8 ................................................................. ARMADA ........................................................ TITAN ............................................................. C8 ................................................................... XC70 .............................................................. Administration, 601 South 12th Street, Arlington, VA 22202–4220; telephone (571) 227–2657; facsimile (571) 227– 1380; e-mail Christine.Beyer@dhs.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 4910–59–P Background DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Part 1572 [Docket Nos. TSA–2006–24191; TSA Amendment No. 1572–8] RIN 1652–AA41 Title: Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver’s License; Correction Transportation Security Administration, DHS. ACTION: Correcting amendments. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: This amendment clarifies that E–2 Visa (Treaty Investor) holders are eligible for a Transportation Worker Identification Credential (TWIC), and corrects an error in the final rule published on January 25, 2007 72 FR 4392. The amendment adds the E–2 Visa as one of the permissible visa categories for TWIC applicants. Holders of E–2 Visas were explicitly listed as eligible to hold a TWIC in the preamble of the rule, and therefore, this revision carries out the intent of the rule. DATES: Effective on March 12, 2008. FOR FURTHER INFORMATION CONTACT: Christine Beyer, Office of Chief Counsel, TSA–2, Transportation Security VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 On January 25, 2007, the Department of Homeland Security (DHS), through TSA and the United States Coast Guard (Coast Guard), issued a final rule to further secure the Nation’s ports and modes of transportation. The rule implemented the Maritime Transportation Security Act of 2002 and the Security and Accountability for Every Port Act of 2006. Those statutes establish requirements regarding the promulgation of regulations that require credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). Subsequently, TSA corrected and amended the final rule on February 7, 2007 (72 FR 5632); March 26, 2007 (72 FR 14049); March 30, 2007 (72 FR 15195); and September 28, 2007 (72 FR 55043). In the January 2007 final rule, TSA applied its security threat assessment standards that already applied to commercial drivers authorized to transport hazardous materials in commerce to merchant mariners and workers who require unescorted access to secure areas on vessels and at maritime facilities. Also, TSA amended the qualification standards by changing the list of crimes that disqualify an individual from holding a TWIC or a hazardous materials endorsement PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 Production (Mfr’s) 2005 Thefts 2005 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 361 854 472 235 228 1,093 83,060 51 591 741 1,760 34,803 77,628 7 14,806 2005 Theft rate (per 1,000 vehicles produced) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 (HME), and expanded the immigration standards to permit additional lawful nonimmigrants to apply for and hold a TWIC or HME. In selecting the immigration status and visa categories that are eligible for a TWIC, TSA focused on the professionals and specialized workers who are employed prevalently in the maritime industry to work on vessels or other equipment unique to the maritime industry. In the final rule, TSA stated that an alien holding one of the following visa categories would be eligible to apply for a TWIC: (1) H–1B Special Occupations; (2) H–1B1 Free Trade Agreement; (3) E–1 Treaty Trader; (4) E–2 Treaty Investor; (5) E–3 Australian in Specialty Occupation; (6) L–1 Intra Company Executive Transfer; (7) O–1 Extraordinary Ability; or (8) TN North American Free Trade Agreement. See 72 FR 3551. However, we inadvertently omitted the E–2 Treaty Investor visa category from the immigration standards in the rule text at 49 CFR 1572.105. With this correcting amendment, we revise § 1572.105 to add the E–2 Treaty Investor as an eligible category for TWIC. This addition requires renumbering paragraph (a)(7) and making conforming editorial changes. Former subparagraph (a)(7)(x) is revised so that it correctly applies to all of paragraph (a)(7), not just (a)(7)(i)(viii). List of Subjects in 49 CFR Part 1572 Appeals, Commercial drivers license, Criminal history background checks, Explosives, Facilities, Hazardous materials, Incorporation by reference, Maritime security, Motor carriers, Motor vehicle carriers, Ports, Seamen, Security E:\FR\FM\12MRR1.SGM 12MRR1 13156 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. measures, Security threat assessment, Vessels, Waivers. I Accordingly, 49 CFR part 1572 is corrected by making the following correcting amendment: PART 1572—CREDENTIALING AND SECURITY THREAT ASSESSMENTS 1. The authority citation for part 1572 continues to read as follows: I Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and 46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.49 U.S.C. 2. In § 1572.105, amend paragraph (a) as follows: I a. Revise paragraph (a)(7)(ix). I b. Redesignate paragraph (a)(7)(x) as paragraph (xi) and revise. I c. Add new paragraph (a)(7)(x). I § 1572.105 Immigration status. (a) * * * (7) * * * (ix) TN North American Free Trade Agreement; (x) E–2 Treaty Investor; or (xi) Another authorization that confers legal status, when TSA determines that the legal status is comparable to the legal status set out in paragraph (a)(7) of this section. * * * * * Issued in Arlington, Virginia, on March 6, 2008. Mardi Ruth Thompson, Deputy Chief Counsel for Regulations, Transportation Security Administration. [FR Doc. E8–4901 Filed 3–11–08; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XG24 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and jlentini on PROD1PC65 with RULES AGENCY: VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2008 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 9, 2008, until 1200 hrs, A.l.t., September 1, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allocation of the 2008 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA is 1,706 metric tons (mt) as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season allocation of the 2008 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,356 mt, and is setting aside the remaining 350 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 6, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1009 Filed 3–7–08; 2:37 pm] BILLING CODE 3510–22–S E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13155-13156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4901]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1572

[Docket Nos. TSA-2006-24191; TSA Amendment No. 1572-8]
RIN 1652-AA41


Title: Transportation Worker Identification Credential (TWIC) 
Implementation in the Maritime Sector; Hazardous Materials Endorsement 
for a Commercial Driver's License; Correction

AGENCY: Transportation Security Administration, DHS.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This amendment clarifies that E-2 Visa (Treaty Investor) 
holders are eligible for a Transportation Worker Identification 
Credential (TWIC), and corrects an error in the final rule published on 
January 25, 2007 72 FR 4392. The amendment adds the E-2 Visa as one of 
the permissible visa categories for TWIC applicants. Holders of E-2 
Visas were explicitly listed as eligible to hold a TWIC in the preamble 
of the rule, and therefore, this revision carries out the intent of the 
rule.

DATES: Effective on March 12, 2008.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, Office of Chief 
Counsel, TSA-2, Transportation Security Administration, 601 South 12th 
Street, Arlington, VA 22202-4220; telephone (571) 227-2657; facsimile 
(571) 227-1380; e-mail Christine.Beyer@dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2007, the Department of Homeland Security (DHS), 
through TSA and the United States Coast Guard (Coast Guard), issued a 
final rule to further secure the Nation's ports and modes of 
transportation. The rule implemented the Maritime Transportation 
Security Act of 2002 and the Security and Accountability for Every Port 
Act of 2006. Those statutes establish requirements regarding the 
promulgation of regulations that require credentialed merchant mariners 
and workers with unescorted access to secure areas of vessels and 
facilities to undergo a security threat assessment and receive a 
biometric credential, known as a Transportation Worker Identification 
Credential (TWIC). Subsequently, TSA corrected and amended the final 
rule on February 7, 2007 (72 FR 5632); March 26, 2007 (72 FR 14049); 
March 30, 2007 (72 FR 15195); and September 28, 2007 (72 FR 55043).
    In the January 2007 final rule, TSA applied its security threat 
assessment standards that already applied to commercial drivers 
authorized to transport hazardous materials in commerce to merchant 
mariners and workers who require unescorted access to secure areas on 
vessels and at maritime facilities. Also, TSA amended the qualification 
standards by changing the list of crimes that disqualify an individual 
from holding a TWIC or a hazardous materials endorsement (HME), and 
expanded the immigration standards to permit additional lawful 
nonimmigrants to apply for and hold a TWIC or HME.
    In selecting the immigration status and visa categories that are 
eligible for a TWIC, TSA focused on the professionals and specialized 
workers who are employed prevalently in the maritime industry to work 
on vessels or other equipment unique to the maritime industry. In the 
final rule, TSA stated that an alien holding one of the following visa 
categories would be eligible to apply for a TWIC: (1) H-1B Special 
Occupations; (2) H-1B1 Free Trade Agreement; (3) E-1 Treaty Trader; (4) 
E-2 Treaty Investor; (5) E-3 Australian in Specialty Occupation; (6) L-
1 Intra Company Executive Transfer; (7) O-1 Extraordinary Ability; or 
(8) TN North American Free Trade Agreement. See 72 FR 3551. However, we 
inadvertently omitted the E-2 Treaty Investor visa category from the 
immigration standards in the rule text at 49 CFR 1572.105. With this 
correcting amendment, we revise Sec.  1572.105 to add the E-2 Treaty 
Investor as an eligible category for TWIC. This addition requires 
renumbering paragraph (a)(7) and making conforming editorial changes. 
Former subparagraph (a)(7)(x) is revised so that it correctly applies 
to all of paragraph (a)(7), not just (a)(7)(i)-(viii).

List of Subjects in 49 CFR Part 1572

    Appeals, Commercial drivers license, Criminal history background 
checks, Explosives, Facilities, Hazardous materials, Incorporation by 
reference, Maritime security, Motor carriers, Motor vehicle carriers, 
Ports, Seamen, Security

[[Page 13156]]

measures, Security threat assessment, Vessels, Waivers.

0
Accordingly, 49 CFR part 1572 is corrected by making the following 
correcting amendment:

PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS

0
1. The authority citation for part 1572 continues to read as follows:

    Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and 
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.49 U.S.C.


0
2. In Sec.  1572.105, amend paragraph (a) as follows:
0
a. Revise paragraph (a)(7)(ix).
0
b. Redesignate paragraph (a)(7)(x) as paragraph (xi) and revise.
0
c. Add new paragraph (a)(7)(x).


Sec.  1572.105  Immigration status.

    (a) * * *
    (7) * * *
    (ix) TN North American Free Trade Agreement;
    (x) E-2 Treaty Investor; or
    (xi) Another authorization that confers legal status, when TSA 
determines that the legal status is comparable to the legal status set 
out in paragraph (a)(7) of this section.
* * * * *

    Issued in Arlington, Virginia, on March 6, 2008.
Mardi Ruth Thompson,
Deputy Chief Counsel for Regulations, Transportation Security 
Administration.
 [FR Doc. E8-4901 Filed 3-11-08; 8:45 am]
BILLING CODE 9110-05-P