Maritime Identification Credentials, 2865-2866 [E9-847]
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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 125
[USCG–2006–24189]
Maritime Identification Credentials
Coast Guard, DHS.
Notice of acceptable
identification credentials; phased
cancellation.
AGENCY:
ACTION:
SUMMARY: This document informs the
public that, after their Captain of the
Port (COTP) has implemented access
control procedures using the
Transportation Worker Identification
Credential (TWIC), the COTP no longer
needs to enforce the previously
published notice requiring name-based
vetting of certain port workers.
DATES: This announcement is effective
January 16, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2006–
24189 and are available for inspection
or copying at the Docket Management
Facility, U.S. Department of
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. They may also be viewed
online at www.regulations.gov at any
time.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call James Bull, Coast Guard, telephone
202–372–1144. If you have questions on
viewing material in the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Under the authority of 50 U.S.C. 191
and Coast Guard regulations (33 CFR
part 125), the Coast Guard has the
authority to require identification
credentials for access to waterfront
facilities and to port and harbor areas,
including vessels and harbor craft in
those areas. The Commandant of the
Coast Guard, pursuant to 33 CFR
125.15(a), is authorized to direct, from
time to time, the Captains of the Port ‘‘to
prevent access of persons who do not
possess one or more of the identification
credentials listed in § 125.09 to those
waterfront facilities, and port and
harbor areas, including vessels and
harbor craft therein, where the following
shipping activities are conducted: * * *
[t]hose essential to the interests of
national security and defense, to
prevent loss, damage or injury, or to
insure the observance of rights and
obligations of the United States.’’
On April 28, 2006, the Coast Guard
published a ‘‘Notice of acceptable
identification credentials’’ in the
Federal Register at 71 FR 25066 (‘‘April
28, 2006 Notice’’), which directed the
COTPs to deny access to waterfront
facilities regulated under 33 CFR part
105 to persons that did not have
appropriate identification credentials, as
defined by 33 CFR 125.09. This action
was deemed necessary in the interests of
national security and to protect these
facilities from loss, damage, or injury.
The appropriate credentials included a
Merchant Mariner Document, an Armed
Forces Identification Card, Federal law
enforcement credentials, identification
credentials issued to public safety
officers, and other credentials defined in
the April 28, 2006 Notice in accordance
with 33 CFR 125.09(g).
The April 28, 2006 Notice set out a
procedure by which the Transportation
Security Administration (TSA) analyzed
relevant information, submitted by the
facility owner or operator either directly
to TSA or via the Coast Guard, before
determining whether or not an
employee or longshoreman posed or
was suspected of posing a security
threat warranting denial of access to the
port facility. This information included
the employee’s or longshoreman’s legal
name, date of birth, social security
number (optional), and alien
identification number (if applicable).
TSA notified the facility and the COTP
of persons that posed or were suspected
of posing a security threat, and those
persons were denied access to facilities
regulated under 33 CFR part 105, as not
having approved identification
credentials under 33 CFR 125.09(f).
Facility Access Under TWIC
The April 28, 2006 Notice stated that
‘‘when regulations implementing the
Transportation Worker Identification
2865
Credential (TWIC) are issued, the Coast
Guard will reevaluate this action.’’ (71
FR 25066). The Final Rule
implementing TWIC was published in
the Federal Register on January 25,
2007 (72 FR 3492). TWIC enrollment
began in October of 2007 (72 FR 57342);
there are now 149 enrollment centers
open. On May 7, 2008, the Coast Guard
and TSA issued a final rule extending
the TWIC compliance date. (73 FR
25562). All persons required to obtain a
TWIC, and all vessels and facilities
required to use a TWIC as an access
control measure, must comply by April
15, 2009, unless the Coast Guard issues
an earlier compliance date.
On May 7, 2008, the Coast Guard
began announcing earlier rolling
compliance dates for facilities, as
provided in 33 CFR 105.115(e). (73 FR
25757). Those compliance dates, in
order of occurrence and by COTP Zone,
are listed in Table 1, below.
Cancellation of Procedure Established
by April 28, 2006 Notice
The procedure established in the
April 28, 2006 Notice was intended to
be an interim measure that would be
reevaluated once the TWIC program was
operational. As part of this procedure,
TSA conducted a name-based security
threat assessment on more than 800,000
workers. This number far exceeds the
population estimates we had when the
April 28, 2006 Notice was published,
and has enhanced security in the
nation’s maritime sector. However, the
security threat assessment TSA is now
able to conduct through the TWIC
program is more robust. Also, the TWIC
enrollment process, which includes
comprehensive identification
verification standards and more detailed
information provided by the worker,
produces more complete information on
which to base a security threat
assessment. Thus, the results of the
TWIC threat assessments are more
accurate than the name-based check run
under the April 28, 2006 Notice.
As a result of the above, the Coast
Guard has determined that, once TWIC
has been implemented in a COTP Zone
(according to the date announced in the
Federal Register and reflected in Table
1), the personal identification
requirements implemented by the April
28, 2006 Notice are no longer necessary.
sroberts on PROD1PC70 with RULES
TABLE 1—DATES OF TWIC COMPLIANCE AND CANCELLATION OF TSA NAME–BASED VETTING
If you are in COTP zone . . .
Then your TWIC Compliance date (and the date when you may stop
using the procedure from the April 28, 2006 Notice) is . . .
Boston, Northern New England, Southeastern New England .................
Cape Fear River, Corpus Christi, North Carolina ....................................
October 15, 2008 (Notice published at 73 FR 25757).
November 28, 2008 (Notice published at 73 FR 40739).
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16:34 Jan 15, 2009
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2866
Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations
TABLE 1—DATES OF TWIC COMPLIANCE AND CANCELLATION OF TSA NAME–BASED VETTING—Continued
If you are in COTP zone . . .
Then your TWIC Compliance date (and the date when you may stop
using the procedure from the April 28, 2006 Notice) is . . .
Buffalo, Detroit, Duluth, Lake Michigan, Sault St. Marie .........................
December 1, 2008 (The original Notice, published at 73 FR 39323, set
a compliance date of October 31, 2008. A new Notice, published at
73 FR 64208, delayed compliance until December 1, 2008).
December 1, 2008 (Notice published at 73 FR 44653).
December 30, 2008 (Notice published at 73 FR 50721).
Charleston, Long Island Sound, Jacksonville, Savannah ........................
Baltimore, Delaware Bay, Mobile, Lower Mississippi River, Ohio Valley,
Pittsburgh, San Diego.
Hampton Roads, Morgan City, New Orleans, Upper Mississippi River,
Miami, Key West, St. Petersburg.
Honolulu, Prince William Sound, Southeast Alaska, Western Alaska .....
Portland, Puget Sound, San Francisco Bay ............................................
New York ..................................................................................................
Guam, Houston-Galveston , Los Angeles-Long Beach, San Juan .........
Port Arthur ................................................................................................
As of the above-listed effective date of
TWIC compliance in each COTP zone,
the Coast Guard is rescinding its
previous direction to COTPs to prevent
access to all facilities regulated under 33
CFR part 125 to persons who do not
have an identification credential listed
in 33 CFR 125.09, as amended by the
April 28, 2006 Notice. Once they have
implemented access control procedures
utilizing TWIC, owners and operators of
these facilities, and unions, may cease
the transmission of information on
employees and longshoremen
(respectively) to TSA. Unless further
notice appears in the Federal Register,
by April 14, 2009, all transmissions of
information under the April 28, 2006
Notice should cease.
Dated: January 12, 2009.
James A. Watson,
Rear Admiral, U.S. Coast Guard, Director of
Prevention Policy.
[FR Doc. E9–847 Filed 1–15–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 111
New Automation Requirements for
Detached Addressed Labels
Postal ServiceTM.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: To make Detached Address
Labels (DALs) accompanying saturation
mailings of Periodicals or Standard
Mail® flats more compatible with our
processing equipment, they must be
automation-compatible and have a
correct delivery point POSTNET(tm)
barcode or Intelligent Mail® barcode
with an 11-digit routing code. This
requirement does not apply to DALs
with simplified addresses. Also, for
VerDate Nov<24>2008
18:43 Jan 15, 2009
Jkt 217001
January 13, 2009 (Notice published at 73 FR 52924).
February 12, 2009 (Notice published at 73 FR 56730).
February 28, 2009 (Notice published at 73 FR 60951).
March 23, 2009 (Notice published at 73 FR 60951).
April 14, 2009 (Notice published at 73 FR 63377).
April 14, 2009 (The original Notice, published at 73 FR 40739, set a
compliance date of October 31, 2008. A new Notice, published at 73
FR 64208, delayed compliance until April 14, 2009).
consistency, we are requiring return
addresses on DALs.
DATES: Effective Date: March 2, 2009.
FOR FURTHER INFORMATION CONTACT:
Monica Grein at 202–268–8411.
SUPPLEMENTARY INFORMATION: On August
27, 2008, we published a proposed rule
in the Federal Register (Volume 73,
Number 167, pages 50584–50585),
requiring DALs to be automationcompatible and bear a delivery point
barcode when used with saturation
mailings of Periodicals or Standard Mail
flats.
Except for DALs prepared with
simplified addresses, all DALs
accompanying saturation mailings of
Periodicals or Standard Mail flats must
be automation-compatible and have a
correct delivery point POSTNET
barcode or Intelligent Mail barcode with
an 11-digit routing code. Automationcompatible and barcoded DALs may be
processed in a manner that is more
consistent with today’s operating
environment.
We suggest that mailers work with the
local Postal Service mailpiece design
analyst (MDA) to ensure that all DALs
accompanying saturation mailings of
Periodicals or Standard Mail flats meet
the new standards. Saturation flats
mailings presented with DALs that are
not automation-compatible and
barcoded will not qualify for saturation
prices but may be entered at the basic
carrier route price for Periodicals
mailings or the basic Enhanced Carrier
Route price for Standard Mail mailings.
We received comments from five
respondents on the proposal: two from
a mailer association, two from mailers
that use DALs, and one from a USPS®
postmaster.
Comments
One commenter suggested that to
reduce costs further we should
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eliminate the use of DALs altogether, or
also apply the automation requirements
to DALs prepared with simplified
addresses. Eliminating the use of DALs
or requiring saturation mailers to
physically apply addresses directly on
each mailpiece may cause undue
hardship for some mailers. We
determined that such a requirement
would be difficult for small local
mailers sending saturation mailings to
rural or highway contract routes and
perhaps cause them to stop using the
mail. We concluded that these
additional changes were not in the best
interest of the Postal Service or our
customers.
One commenter requested DALs be
allowed for Periodicals and Standard
Mail ECR high-density mailings. This
request is outside the scope of this rule.
One commenter expressed concern
about the added cost of preparing an
automation-compatible DAL. We
considered the implications for our
customers, and note that the use of
DALs is an option in most instances. We
continue to encourage customers to
move to on-piece addressing rather than
use DALs. Incidentally, on June 7, 2007,
at the request of many mailers, we
revised our standards to allow
advertising on the front of DALs,
provided that the DALs were barcoded
and automation-compatible (see Postal
Bulletin 22208 and DMM(r) 602.4.2.5.b).
This change provided mailers with the
ability to offset the DAL surcharge,
implemented in May 2007, with new
opportunities for advertising revenue.
One commenter requested we extend
the use of simplified addresses to city
route deliveries. This request is outside
the scope of this final rule.
One commenter expressed concerns
about continuing to enter DALs at
destination delivery units (DDUs) while
remaining eligible for DDU prices for
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]]>Agencies
[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Rules and Regulations]
[Pages 2865-2866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-847]
[[Page 2865]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 125
[USCG-2006-24189]
Maritime Identification Credentials
AGENCY: Coast Guard, DHS.
ACTION: Notice of acceptable identification credentials; phased
cancellation.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that, after their Captain of
the Port (COTP) has implemented access control procedures using the
Transportation Worker Identification Credential (TWIC), the COTP no
longer needs to enforce the previously published notice requiring name-
based vetting of certain port workers.
DATES: This announcement is effective January 16, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2006-24189 and are available for
inspection or copying at the Docket Management Facility, U.S.
Department of Transportation, West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. They
may also be viewed online at www.regulations.gov at any time.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call James Bull, Coast Guard, telephone 202-372-1144. If you
have questions on viewing material in the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Under the authority of 50 U.S.C. 191 and Coast Guard regulations
(33 CFR part 125), the Coast Guard has the authority to require
identification credentials for access to waterfront facilities and to
port and harbor areas, including vessels and harbor craft in those
areas. The Commandant of the Coast Guard, pursuant to 33 CFR 125.15(a),
is authorized to direct, from time to time, the Captains of the Port
``to prevent access of persons who do not possess one or more of the
identification credentials listed in Sec. 125.09 to those waterfront
facilities, and port and harbor areas, including vessels and harbor
craft therein, where the following shipping activities are conducted: *
* * [t]hose essential to the interests of national security and
defense, to prevent loss, damage or injury, or to insure the observance
of rights and obligations of the United States.''
On April 28, 2006, the Coast Guard published a ``Notice of
acceptable identification credentials'' in the Federal Register at 71
FR 25066 (``April 28, 2006 Notice''), which directed the COTPs to deny
access to waterfront facilities regulated under 33 CFR part 105 to
persons that did not have appropriate identification credentials, as
defined by 33 CFR 125.09. This action was deemed necessary in the
interests of national security and to protect these facilities from
loss, damage, or injury. The appropriate credentials included a
Merchant Mariner Document, an Armed Forces Identification Card, Federal
law enforcement credentials, identification credentials issued to
public safety officers, and other credentials defined in the April 28,
2006 Notice in accordance with 33 CFR 125.09(g).
The April 28, 2006 Notice set out a procedure by which the
Transportation Security Administration (TSA) analyzed relevant
information, submitted by the facility owner or operator either
directly to TSA or via the Coast Guard, before determining whether or
not an employee or longshoreman posed or was suspected of posing a
security threat warranting denial of access to the port facility. This
information included the employee's or longshoreman's legal name, date
of birth, social security number (optional), and alien identification
number (if applicable). TSA notified the facility and the COTP of
persons that posed or were suspected of posing a security threat, and
those persons were denied access to facilities regulated under 33 CFR
part 105, as not having approved identification credentials under 33
CFR 125.09(f).
Facility Access Under TWIC
The April 28, 2006 Notice stated that ``when regulations
implementing the Transportation Worker Identification Credential (TWIC)
are issued, the Coast Guard will reevaluate this action.'' (71 FR
25066). The Final Rule implementing TWIC was published in the Federal
Register on January 25, 2007 (72 FR 3492). TWIC enrollment began in
October of 2007 (72 FR 57342); there are now 149 enrollment centers
open. On May 7, 2008, the Coast Guard and TSA issued a final rule
extending the TWIC compliance date. (73 FR 25562). All persons required
to obtain a TWIC, and all vessels and facilities required to use a TWIC
as an access control measure, must comply by April 15, 2009, unless the
Coast Guard issues an earlier compliance date.
On May 7, 2008, the Coast Guard began announcing earlier rolling
compliance dates for facilities, as provided in 33 CFR 105.115(e). (73
FR 25757). Those compliance dates, in order of occurrence and by COTP
Zone, are listed in Table 1, below.
Cancellation of Procedure Established by April 28, 2006 Notice
The procedure established in the April 28, 2006 Notice was intended
to be an interim measure that would be reevaluated once the TWIC
program was operational. As part of this procedure, TSA conducted a
name-based security threat assessment on more than 800,000 workers.
This number far exceeds the population estimates we had when the April
28, 2006 Notice was published, and has enhanced security in the
nation's maritime sector. However, the security threat assessment TSA
is now able to conduct through the TWIC program is more robust. Also,
the TWIC enrollment process, which includes comprehensive
identification verification standards and more detailed information
provided by the worker, produces more complete information on which to
base a security threat assessment. Thus, the results of the TWIC threat
assessments are more accurate than the name-based check run under the
April 28, 2006 Notice.
As a result of the above, the Coast Guard has determined that, once
TWIC has been implemented in a COTP Zone (according to the date
announced in the Federal Register and reflected in Table 1), the
personal identification requirements implemented by the April 28, 2006
Notice are no longer necessary.
Table 1--Dates of TWIC Compliance and Cancellation of TSA Name-Based
Vetting
------------------------------------------------------------------------
Then your TWIC Compliance date
(and the date when you may stop
If you are in COTP zone . . . using the procedure from the
April 28, 2006 Notice) is . . .
------------------------------------------------------------------------
Boston, Northern New England, October 15, 2008 (Notice
Southeastern New England. published at 73 FR 25757).
Cape Fear River, Corpus Christi, North November 28, 2008 (Notice
Carolina. published at 73 FR 40739).
[[Page 2866]]
Buffalo, Detroit, Duluth, Lake December 1, 2008 (The original
Michigan, Sault St. Marie. Notice, published at 73 FR
39323, set a compliance date
of October 31, 2008. A new
Notice, published at 73 FR
64208, delayed compliance
until December 1, 2008).
Charleston, Long Island Sound, December 1, 2008 (Notice
Jacksonville, Savannah. published at 73 FR 44653).
Baltimore, Delaware Bay, Mobile, Lower December 30, 2008 (Notice
Mississippi River, Ohio Valley, published at 73 FR 50721).
Pittsburgh, San Diego.
Hampton Roads, Morgan City, New January 13, 2009 (Notice
Orleans, Upper Mississippi River, published at 73 FR 52924).
Miami, Key West, St. Petersburg.
Honolulu, Prince William Sound, February 12, 2009 (Notice
Southeast Alaska, Western Alaska. published at 73 FR 56730).
Portland, Puget Sound, San Francisco February 28, 2009 (Notice
Bay. published at 73 FR 60951).
New York............................... March 23, 2009 (Notice
published at 73 FR 60951).
Guam, Houston-Galveston , Los Angeles- April 14, 2009 (Notice
Long Beach, San Juan. published at 73 FR 63377).
Port Arthur............................ April 14, 2009 (The original
Notice, published at 73 FR
40739, set a compliance date
of October 31, 2008. A new
Notice, published at 73 FR
64208, delayed compliance
until April 14, 2009).
------------------------------------------------------------------------
As of the above-listed effective date of TWIC compliance in each
COTP zone, the Coast Guard is rescinding its previous direction to
COTPs to prevent access to all facilities regulated under 33 CFR part
125 to persons who do not have an identification credential listed in
33 CFR 125.09, as amended by the April 28, 2006 Notice. Once they have
implemented access control procedures utilizing TWIC, owners and
operators of these facilities, and unions, may cease the transmission
of information on employees and longshoremen (respectively) to TSA.
Unless further notice appears in the Federal Register, by April 14,
2009, all transmissions of information under the April 28, 2006 Notice
should cease.
Dated: January 12, 2009.
James A. Watson,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. E9-847 Filed 1-15-09; 8:45 am]
BILLING CODE 4910-15-P
