Exemption To Extend the Expiration Date of Certain Transportation Worker Identification Credentials, 21017-21018 [2020-07923]

Download as PDF Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices Preservation Act (Pub. L. 86–523, 74 Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Pub. L. 113– 287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified at 54 U.S.C. 320301 et seq.); the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201–320303 & 320101–320106); the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.); the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 80 Stat. 926 (Oct. 15, 1966) (16 U.S.C. 668dd–668ee)); National Fish and Wildlife Act of 1956 (Pub. L. 84–1024 (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination Act (Pub. L. 73–121, 48 Stat. 401 (March 10, 1934) (16 U.S.C. 661 et seq.)); the National Trails System Act (16 U.S.C. 1241 et seq.); the Administrative Procedure Act (5 U.S.C. 551 et seq.); the Rivers and Harbors Act of 1899 (33 U.S.C. 403); the Wild and Scenic Rivers Act (Pub. L. 90–542 (16 U.S.C. 1281 et seq.)); the Eagle Protection Act (16 U.S.C. 668 et seq.); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and the American Indian Religious Freedom Act (42 U.S.C. 1996). This waiver does not revoke or supersede any other waiver determination made pursuant to section 102(c) of IIRIRA. Such waivers shall remain in full force and effect in accordance with their terms. I reserve the authority to execute further waivers from time to time as I may determine to be necessary under section 102 of IIRIRA. Signature The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, is delegating the authority to electronically sign this document to Chad R. Mizelle, who is the Acting General Counsel for DHS, for purposes of publication in the Federal Register. Chad R. Mizelle, Acting General Counsel. jbell on DSKJLSW7X2PROD with NOTICES [FR Doc. 2020–07981 Filed 4–14–20; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA–2006–24191; USCG– 2006–24196] Exemption To Extend the Expiration Date of Certain Transportation Worker Identification Credentials Transportation Security Administration (TSA), DHS. ACTION: Notice of temporary exemption. AGENCY: TSA is granting a temporary exemption from requirements in 49 CFR part 1572 regarding the expiration of certain Transportation Worker Identification Credentials (TWIC®s). For the duration of this exemption, TSA will extend the expiration date of TWIC®s that expired on or after March 1, 2020, by 180 days. DATES: This exemption becomes effective on April 10, 2020, and remains in effect through July 31, 2020, unless otherwise modified by TSA through a notice published in the Federal Register. SUMMARY: FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571–227–2851, or TWIC.Issue@tsa.dhs.gov. SUPPLEMENTARY INFORMATION: Background On March 11, 2020, the World Health Organization declared the SARS–CoV–2 virus (Novel Coronavirus) and Coronavirus Disease 2019 (COVID–19) to be a global pandemic. On March 13, 2020, the President declared a National Emergency.1 The President then issued Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid–19 (March 18, 2020), which declared: ‘‘. . . it is critical that all health and medical resources needed to respond to the spread of COVID–19 are properly distributed to the Nation’s healthcare system and others that need them most at this time.’’ In response to these actions, a majority of states have imposed significant restrictions on commercial activities and individual movement, except when performing essential functions. Moreover, health experts and the government have strongly recommended that individuals practice social distancing when engaging with others, to minimize the spread of COVID–19. During this time, it is vital 1 See Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak (March 13, 2020). Published at 85 FR 15337 (March 18, 2020). VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 21017 to move cargo expeditiously through the supply chain, and to ensure that medical supplies and home goods reach healthcare centers and consumers. Maritime facilities and vessels are an integral part of the supply chain and must continue to operate at full capacity. The Department of Homeland Security (DHS), through TSA and the U.S. Coast Guard (Coast Guard), published a final rule on January 25, 2007 that establishes requirements for merchant mariners and workers who need unescorted access to secure areas of maritime facilities and vessels.2 These individuals must successfully complete a security threat assessment (STA) conducted by TSA and hold a TWIC® in order to enter secure areas without escort. TSA and the Coast Guard administer the TWIC® program. Persons who are required to hold a TWIC® (defined as a mariner credentialed under 46 CFR part 10 or 12, and anyone needing unescorted access to a secure area of a vessel or facility regulated under 33 CFR parts 104, 105, or 106) are required to enroll and provide proof of identity and fingerprints at approved enrollment sites, designated and operated by a TSA trusted agent.3 TSA’s regulations require individuals who seek unescorted access to secured areas of maritime facilities and vessels to undergo an STA in order to receive a TWIC®. A TWIC® expires five years from the date of issuance 4 and individuals must go to a TSA enrollment center to initiate a new STA to receive a new credential. There are 2,294,797 active TWIC®s in circulation today, and TSA records indicate that 234,536, or approximately 10% of them, will expire in the next six months. Social distancing practices in response to the COVID–19 crisis make gathering at enrollment centers unwise or prohibited. Approximately one-third of TSA’s TWIC® enrollment centers have been forced to close because they are collocated with commercial or government offices that are closed as a result of COVID–19. For those that are operating, the process of collecting fingerprints, which is required for TWIC®, and completing the enrollment process may introduce risk to enrollment center staff or TWIC® applicants. 2 The final rule implements requirements in the Maritime Transportation Security Act (MTSA), Public Law 107–295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109–347 (October 13, 2006). 3 See 49 CFR 1572.17. 4 See 49 CFR 1572.23(a). E:\FR\FM\15APN1.SGM 15APN1 21018 Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices Authority and Determination TSA may grant an exemption from a regulation if TSA determines that the exemption is in the public interest.5 TSA has determined that it is in the public interest to grant an exemption from the current expiration standard in 49 CFR part 1572, which is five years from the date of issuance, given the need for transportation workers to continue to work without interruption during the current the COVID–19 crisis. This exemption will allow TWIC® holders to continue to provide vital services during the COVID–19 crisis, while TSA ensures effective transportation security vetting. TSA has determined that there is little to no risk to transportation security associated with this exemption for the following reasons: 1. The extension of expiration dates applies only to individuals who have already successfully completed a comprehensive STA; 2. The extension of expiration dates is applicable to a relatively small percentage of TWIC® holders and is for a set, limited duration subject to possible modification by TSA before the end of the effective period to ensure consistency with the duration and scope of the COVID–19 crisis; 6 3. TSA will continue to recurrently vet these TWIC® holders against Federal terrorism and national security-related watch lists, and the DHS Office of Biometric Identity Management (OBIM) IDENT system (a DHS-wide system for storage and processing of biometric and biographic information for national security) for security threat, criminal history, and immigration status checks during the extension period; and 4. TSA retains its full authority to suspend or immediately revoke an individual’s TWIC® if the agency determines the holder is no longer eligible, in accordance with 49 CFR 1572.5(b) and 1572.19(c). Exemption 1. Eligibility. This exemption applies to TWIC®s that expire on or after March 1, 2020. 2. New Expiration Dates for Eligible TWIC®s. For the duration of this exemption, the expiration date for an eligible TWIC® is180 days after the expiration date that appears on the face of the credential. TSA deems these eligible TWIC®s to be valid for the purpose of unescorted access to secured areas of maritime facilities and vessels. If the 180-day period extends beyond the duration of this temporary exemption, the TWIC® will be valid for the remainder of the extended 180-day period based on the expiration date of the TWIC®. 3. Continuation of Vetting. For the duration of the exemption, TSA will continue to recurrently vet the holders of the eligible TWIC®s against governmental watch lists for security threat, criminal history, and immigration status. TSA retains its full authority to suspend or immediately revoke an individual’s TWIC® if the agency determines the holder is no longer eligible, in accordance with 49 CFR 1572.5(b) and 1572.19(c). Stacey Fitzmaurice, Executive Assistant Administrator for Operations Support. [FR Doc. 2020–07923 Filed 4–14–20; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7027–N–08] 60-Day Notice of Proposed Information Collection: Quality Control Requirements for Direct Endorsement Lenders; OMB Control No.: 2502–0600 Office of the Assistant Secretary for Housing- Federal Housing Commissioner, HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. DATES: Comments Due Date: June 15, 2020. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES 5 See 49 U.S.C. 114(q). The Administrator may grant an exemption from a regulation prescribed in carrying out this section if the Administrator determines that the exemption is in the public interest. The Administrator of TSA delegated this authority to the Executive Assistant Administrator for Operations Security, effective March 26, 2020, during the period of the COVID–19 National Emergency. 6 The exemption remains in effect until July 31, 2020, unless otherwise modified by TSA through a notice published in the Federal Register. TSA considered tying the duration of the exemption to the duration of a public health emergency declaration, but believes that providing a set day is necessary because individuals without expired TWIC®s need a set date in order to initiate the steps necessary to renew their TWIC®s. VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 (this is not a toll-free number) or email at Colette.Pollard@hud.gov for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 (this is not a toll-free number) or email at Colette.Pollard@hud.gov for copies of available documents can obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. A. Overview of Information Collection Title of Information Collection: Quality Control Requirements for Direct Endorsement Lenders. OMB Approval Number: 2502–0600. Type of Request: Revision. Form Number: Not Applicable. Description of the need for the information and proposed use: Per 24 CFR 202.8(3), a Direct Endorsement (DE) lender that sponsors third party originators (TPOs) is, ‘‘responsible to the Secretary for the actions of its third party originators or mortgagees in originating loans or mortgages, unless applicable law or regulation requires specific knowledge on the part of the party to be held responsible.’’ As a result, DE lenders are responsible for conducting quality control reviews on TPO originations of FHA-insured mortgage loans and ensuring that their Quality Control Plans contain this oversight provision. This creates an information collection burden on DE lenders, since these institutions must also conduct quality control on loans they originate and underwrite. DE lenders must conduct quality control reviews on a sample of loans that they originate or underwrite, including loans originated by TPOs. For the purposes of this information collection, it is assumed that the number of loans reviewed by each DE lender will comply with the Sample Size Standard and Sample Composition Standard described in HUD Handbook 4000.1, Section V.A.3.a. E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 21017-21018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07923]


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

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket Nos. TSA-2006-24191; USCG-2006-24196]


Exemption To Extend the Expiration Date of Certain Transportation 
Worker Identification Credentials

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of temporary exemption.

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

SUMMARY: TSA is granting a temporary exemption from requirements in 49 
CFR part 1572 regarding the expiration of certain Transportation Worker 
Identification Credentials (TWIC[supreg]s). For the duration of this 
exemption, TSA will extend the expiration date of TWIC[supreg]s that 
expired on or after March 1, 2020, by 180 days.

DATES: This exemption becomes effective on April 10, 2020, and remains 
in effect through July 31, 2020, unless otherwise modified by TSA 
through a notice published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571-227-2851, or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On March 11, 2020, the World Health Organization declared the SARS-
CoV-2 virus (Novel Coronavirus) and Coronavirus Disease 2019 (COVID-19) 
to be a global pandemic. On March 13, 2020, the President declared a 
National Emergency.\1\ The President then issued Executive Order 13909, 
Prioritizing and Allocating Health and Medical Resources to Respond to 
the Spread of Covid-19 (March 18, 2020), which declared: ``. . . it is 
critical that all health and medical resources needed to respond to the 
spread of COVID-19 are properly distributed to the Nation's healthcare 
system and others that need them most at this time.''
---------------------------------------------------------------------------

    \1\ See Proclamation 9994, Declaring a National Emergency 
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (March 
13, 2020). Published at 85 FR 15337 (March 18, 2020).
---------------------------------------------------------------------------

    In response to these actions, a majority of states have imposed 
significant restrictions on commercial activities and individual 
movement, except when performing essential functions. Moreover, health 
experts and the government have strongly recommended that individuals 
practice social distancing when engaging with others, to minimize the 
spread of COVID-19. During this time, it is vital to move cargo 
expeditiously through the supply chain, and to ensure that medical 
supplies and home goods reach healthcare centers and consumers. 
Maritime facilities and vessels are an integral part of the supply 
chain and must continue to operate at full capacity.
    The Department of Homeland Security (DHS), through TSA and the U.S. 
Coast Guard (Coast Guard), published a final rule on January 25, 2007 
that establishes requirements for merchant mariners and workers who 
need unescorted access to secure areas of maritime facilities and 
vessels.\2\ These individuals must successfully complete a security 
threat assessment (STA) conducted by TSA and hold a TWIC[supreg] in 
order to enter secure areas without escort.
---------------------------------------------------------------------------

    \2\ The final rule implements requirements in the Maritime 
Transportation Security Act (MTSA), Public Law 107-295, 116 Stat. 
2064 (November 25, 2002), and the Security and Accountability for 
Every Port Act of 2006 (SAFE Port Act), Public Law 109-347 (October 
13, 2006).
---------------------------------------------------------------------------

    TSA and the Coast Guard administer the TWIC[supreg] program. 
Persons who are required to hold a TWIC[supreg] (defined as a mariner 
credentialed under 46 CFR part 10 or 12, and anyone needing unescorted 
access to a secure area of a vessel or facility regulated under 33 CFR 
parts 104, 105, or 106) are required to enroll and provide proof of 
identity and fingerprints at approved enrollment sites, designated and 
operated by a TSA trusted agent.\3\ TSA's regulations require 
individuals who seek unescorted access to secured areas of maritime 
facilities and vessels to undergo an STA in order to receive a 
TWIC[supreg]. A TWIC[supreg] expires five years from the date of 
issuance \4\ and individuals must go to a TSA enrollment center to 
initiate a new STA to receive a new credential.
---------------------------------------------------------------------------

    \3\ See 49 CFR 1572.17.
    \4\ See 49 CFR 1572.23(a).
---------------------------------------------------------------------------

    There are 2,294,797 active TWIC[supreg]s in circulation today, and 
TSA records indicate that 234,536, or approximately 10% of them, will 
expire in the next six months. Social distancing practices in response 
to the COVID-19 crisis make gathering at enrollment centers unwise or 
prohibited. Approximately one-third of TSA's TWIC[supreg] enrollment 
centers have been forced to close because they are collocated with 
commercial or government offices that are closed as a result of COVID-
19. For those that are operating, the process of collecting 
fingerprints, which is required for TWIC[supreg], and completing the 
enrollment process may introduce risk to enrollment center staff or 
TWIC[supreg] applicants.

[[Page 21018]]

Authority and Determination

    TSA may grant an exemption from a regulation if TSA determines that 
the exemption is in the public interest.\5\ TSA has determined that it 
is in the public interest to grant an exemption from the current 
expiration standard in 49 CFR part 1572, which is five years from the 
date of issuance, given the need for transportation workers to continue 
to work without interruption during the current the COVID-19 crisis. 
This exemption will allow TWIC[supreg] holders to continue to provide 
vital services during the COVID-19 crisis, while TSA ensures effective 
transportation security vetting.
---------------------------------------------------------------------------

    \5\ See 49 U.S.C. 114(q). The Administrator may grant an 
exemption from a regulation prescribed in carrying out this section 
if the Administrator determines that the exemption is in the public 
interest. The Administrator of TSA delegated this authority to the 
Executive Assistant Administrator for Operations Security, effective 
March 26, 2020, during the period of the COVID-19 National 
Emergency.
---------------------------------------------------------------------------

    TSA has determined that there is little to no risk to 
transportation security associated with this exemption for the 
following reasons:
    1. The extension of expiration dates applies only to individuals 
who have already successfully completed a comprehensive STA;
    2. The extension of expiration dates is applicable to a relatively 
small percentage of TWIC[supreg] holders and is for a set, limited 
duration subject to possible modification by TSA before the end of the 
effective period to ensure consistency with the duration and scope of 
the COVID-19 crisis; \6\
---------------------------------------------------------------------------

    \6\ The exemption remains in effect until July 31, 2020, unless 
otherwise modified by TSA through a notice published in the Federal 
Register. TSA considered tying the duration of the exemption to the 
duration of a public health emergency declaration, but believes that 
providing a set day is necessary because individuals without expired 
TWIC[supreg]s need a set date in order to initiate the steps 
necessary to renew their TWIC[supreg]s.
---------------------------------------------------------------------------

    3. TSA will continue to recurrently vet these TWIC[supreg] holders 
against Federal terrorism and national security-related watch lists, 
and the DHS Office of Biometric Identity Management (OBIM) IDENT system 
(a DHS-wide system for storage and processing of biometric and 
biographic information for national security) for security threat, 
criminal history, and immigration status checks during the extension 
period; and
    4. TSA retains its full authority to suspend or immediately revoke 
an individual's TWIC[supreg] if the agency determines the holder is no 
longer eligible, in accordance with 49 CFR 1572.5(b) and 1572.19(c).

Exemption

    1. Eligibility. This exemption applies to TWIC[supreg]s that expire 
on or after March 1, 2020.
    2. New Expiration Dates for Eligible TWIC[supreg]s. For the 
duration of this exemption, the expiration date for an eligible 
TWIC[supreg] is180 days after the expiration date that appears on the 
face of the credential. TSA deems these eligible TWIC[supreg]s to be 
valid for the purpose of unescorted access to secured areas of maritime 
facilities and vessels. If the 180-day period extends beyond the 
duration of this temporary exemption, the TWIC[supreg] will be valid 
for the remainder of the extended 180-day period based on the 
expiration date of the TWIC[supreg].
    3. Continuation of Vetting. For the duration of the exemption, TSA 
will continue to recurrently vet the holders of the eligible 
TWIC[supreg]s against governmental watch lists for security threat, 
criminal history, and immigration status. TSA retains its full 
authority to suspend or immediately revoke an individual's TWIC[supreg] 
if the agency determines the holder is no longer eligible, in 
accordance with 49 CFR 1572.5(b) and 1572.19(c).

Stacey Fitzmaurice,
Executive Assistant Administrator for Operations Support.
[FR Doc. 2020-07923 Filed 4-14-20; 8:45 am]
 BILLING CODE 9110-05-P
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