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Wednesday, April 25, 2018

Maritime Logistics Professional

ANPRM Reducing TWIC Requirements Clears OMB Review

Posted to Maritime Transportation Security News and Views (by on December 16, 2011

The USCG Coast Guard’s proposed rulemaking on revisions to Transportation Worker Identification Credential (TWIC) Requirements for Mariners has cleared the Office of Management and Budget’s (OMB’s) regulatory review process. The Advance Notice of Proposed Rulemaking (ANPRM) and should be published in the Federal Register shortly.

The USCG Coast Guard’s proposed rulemaking on revisions to Transportation Worker Identification Credential (TWIC) Requirements for Mariners has cleared the Office of Management and Budget’s (OMB’s) regulatory review process.  The Advance Notice of Proposed Rulemaking (ANPRM) and should be published in the Federal Register shortly.

Today, OMB’s Office of Information and Regulatory Affairs (OIRA) posted a notice on its website that it had concluded its regulatory review on December 15 of a USCG pre-rule proposal entitled “Revision to Transportation Worker Identification Credential (TWIC) Requirements for Mariners.”  The proposal had reached OIRA on October 14.  OIRA’s approval was “consistent without change,” so we shouldn’t have to wait long to see the proposal.  In the meantime, details are few and far between.  I previously suggested that the proposal would deal with implementing section 809 of the Coast Guard Authorization Act of 2010.  Section 809 eliminated the requirement for US Merchant Mariners to hold a TWIC if they only work aboard vessels that do not have to have a Vessel Security Plan pursuant to the Maritime Transportation Security Act of 2002 (MTSA) and the MTSA Regulations. This is of great interest to fishing guides and other operators of small vessels, who currently have to shell out for a TWIC because all holders of Coast Guard Merchant Mariner Credentials have to have TWICs.

Sadly, the process of publishing an ANPRM, waiting for public comments, analyzing the comments, publishing a Notice of Proposed Rulemaking (NPRM), taking public comments on it, analyzing those comments, and publishing a Final Rule is sufficiently lengthy that the relief promised by the legislation probably won’t actually be effective until next Fall, if then  Who knows how many people will be required to renew their TWICs in the meantime, just to stay in compliance with an obsolete requirement that has been repealed by Congress.  Perhaps the USCG would consider moving directly from the APRM to an Interim Final Rule effective immediately, while allowing the regulatory process to run its course.

NOTE: This post may be copied, distributed, and displayed and derivative works may be based on it, provided it is attributed to Maritime Transportation Security News and Views by John C. W. Bennett,http://mpsint.com.

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