TWIC Final Notice

I think we're all up to date, but the deadline nears....please pass this on to all the hold-outs and doubters out there who still don't think they need a TWIC.
TWIC Information Bulletin Feb 2009

Publish at Scribd or explore others: Government Business & Legal twic

There is still one thing missing from all the notices disseminated by the USCG so far: what is the penalty for non-compliance? I have yet to see a single, definitive answer as to what they will actually do if they discover that you hold a credential and didn't get a TWIC. Will they suspend your license? Will they revoke it for life? Will they just tell you to get a TWIC and don't ever do that again?

Look, if they are going to set a deadline, fine. But shouldn't a deadline include some sort of ultimatum - a consequence for not meeting the deadline? "You do this by this date, or else!" Hello? Would someone at the USCG please tell us the consequence for blowing off the April 15th deadline.

So far, the only thing I've seen in writing is what is actually in the CFRs: (46CFR10.113)

Failure to obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's license, COR or STCW endorsement under 46 U.S.C. 7702 and 7703.

Failure may serve...or... maybe not? Furthermore, 46USC7702/7703 could be interpreted as only applying if you were acting under the authority of your license. Not a single TWIC bulletin or memo from the USCG ever mentions that loophole when stating the policy of mandatory TWIC by the deadline. They all say holding, not using. Big difference.

Here is what's got my barnacles all bunched up; I think that guys who missed the deadline should suffer some consequences beyond just having to go get a TWIC. I think the USCG should issue a written policy that says so. Something like this: All mariners who failed to meet the TWIC deadline will have their credentails automatically suspended for one year. Is that so hard to say?

Future Merchant Mariner Credential?

With the mandatory imposition of the TWIC, we heard some discussion about the future of the Merchant Mariner Credentials. Credentials are Licenses (like 100 ton or OUPV), Certificates (like STCW), Endorsements (like Radar), and the like. Basically, a Credential gives you the authority to preform certain duties, or proves your proficiency in training for certain tasks. Vessels can be documented, but a vessel's document is not a Credential. Merchant Mariner Documents (MMDs), on the other hand, are Credentials. Got it?

The USCG has been contemplating combining all your credentials into one place, and an idea that is gaining traction is a "passport" style booklet.

I got the monthly performance update from the Nat. Maritime Center, which you can see here. The update is just 16 page powerpoint style PDF that has lots of charts and nonsense that amounts to some self-congratulations on the part of the NMC.

Even a blind squirrel roots up an acorn once-in-awhile. On page six I found this very interesting little picture, a copy of which you see here. The graphic implies that this passport style Merchant Mariner Credential is the product of the NMC credential center. A sign of things to come?

You saw it here first (unless you saw it someplace else already...)

Upside: this will be much easier to carry around than the current 8x10 license.

TWIC Deadlines Approaching

Click Here for a link to the official TSA TWIC deadline web page.

Some of these dates are subject to change, but most are now set in stone. Once these deadlines are published in the Federal Register, they are law. Due to the 90 day publishing deadline, all the dates for 2008 are now fixed, and will not be changed or updated. So, find your general AOR (area of operation) in the list below and be sure you are TWICilicious. If your AOR isn't explicitly listed, figure the closest major port to your location.

It's a bit unclear if these are the deadlines to actually have a TWIC, or if these deadlines only apply to secure access. The difference between those two things has been the source of so much confusion, and the USCG has done very little to set anyone on the course to enlightenment.

These dates supersede any renewal dates on your credential. This means that you must get a TWIC before your credential expires if the TWIC deadline comes before your ticket is up for renewal.

My guess is that if you have applied for TWIC by the deadline, you will be granted some leeway, but don't risk it. The old way of doing things is over. Everything is now centralized at the National Maritime Center (NMC), and you should forget about appealing to your local Regional Exam Center (REC), 'cause its history! There may be some battles for us to fight in the future, but the TWIC isn't one of them.

Will there be a bunch of guys who don't comply with the deadlines? You bet. Probably huge numbers. But do you really want to part of the "test case population"?

...................................

fixed in stone:

October 15, 2008: Northern New England – Boston - Southeastern New England

October 31, 2008: Buffalo – Duluth – Detroit - Lake Michigan - Sault Ste. Marie

November 28, 2008: Corpus Christi - Port Arthur - North Carolina - Cape Fear River

December 1, 2008: Long Island Sound - Charleston - Savannah - Jacksonville

December 30, 2008: Baltimore - Delaware Bay - Mobile - Pittsburgh - Ohio Valley - Lower Mississippi River - San Diego

.....................................

tentative deadlines:

January 13, 2009: Hampton Roads - Morgan City - New Orleans - Upper Mississippi River - Miami - Key West - St. Petersburg

February 09: Honolulu - South East Alaska/ Prince William Sound/Western Alaska - Puget Sound Portland(OR )- San Francisco Bay

March/April 09: New York - Guam - Houston/Galveston - Los Angeles/Long Beach - San

All TWIC Enrollment Sites Are Now Open and Ready for Business

Press release:

Sept. 17, 2008
TSA Public Affairs: (571) 227-2829
WASHINGTON – The Transportation Security Administration (TSA) today announced that all Transportation Worker Identification Credential (TWIC) fixed enrollment sites are open and ready for worker registration. Port and longshore workers, truckers and others nationwide are now able to enroll in the Department of Homeland Security's TWIC program at any one of the nearly 150 sites.

[click here to go to the TSA announcment]

In case any captains out there still operate under the misunderstanding that they will not need a TWIC, here is a snippet from the official USCG
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 03-07. (from page 7 of that document):

Also by (the deadline), all mariners will be required to hold a TWIC in order for their license, MMD, COR, or STCW endorsement to remain valid.

Without a TWIC, your license is invalid. Don't think you can wait. This whole program has been plagued by confusion, delays, and poor communications, especially on the part of the USCG, who at the local level are barely up to speed on this issue. I still see Internet forums with captains quoting local CG personel that they won't need a TWIC. Do not make the mistake of going to the USCG for advice about the TWIC. The USCG has made their official position very clear with the NVIC quoted above.

Bill to exempt some mariners from TWIC

Senator Coleman (R-MN) introduced the Small Marine Business and Fishing Guide Relief Act of 2008 (S. 3377) to amend title 46, United States Code, to waive the biometric transportation security card requirement for certain small business merchant mariners, and for other purposes. This bill, if enacted into law, would exempt from the requirement for a Transportation Worker Identification Credential (TWIC) merchant mariners serving on vessels the owner or operator of which is not required to submit a vessel security plan. The official text of the bill is not yet available, but an advance copy has been circulated.

Well, this news will throw a wrench into the works. I am skeptical about how far this bill might go. I think that the DHS and the USCG really wants every license holder to have a TWIC, but this bill could have a chance.

The TWIC has been rife with confusion, delays, extensions and completely unreliable deadlines since the beginning, so this somehow comes as no surprise.

If this bill passes, can I get my money back?

Thank you to John Fulweiler for bringing this to my attention.

TWIC Deadline extended to April 2009

The DHS issued this statement today:

The U.S. Department of Homeland Security (DHS) today announced that the final
compliance date for the Transportation Worker Identification Credential (TWIC)
program will be April 15, 2009, which reflects a realignment of the Sept. 25,
2008 compliance date set in the final rule. The seven month extension is a
direct result of collaboration with port officials and industry, and realigns
the enrollment period with the original intent of the TWIC final rule.

Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. These three ports were selected based on favorable conditions that facilitate near-term implementation. These ports are ideal for initial compliance based upon geographic proximity, the size of their TWIC enrollment population, and respective enrollment efforts to date. Additional ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement

The deadline has now been extended from Sept 25, 2008 until April 15, 2009 for licensed mariners to get a TWIC. But why wait? The gas costs for two trips to the TWICCEN will be more if you wait.

I love the part about "collaboration with port officials and industry". What a bunch of crap. They have been working on this for 5 years, and every step of the way, the 'industry' has been involved (mostly fighting the TWIC), and has said all along that the enrollment period was way too short and unworkable. Suddenly, with the original deadline only 20 weeks away, the TSA and DHS have reconsidered - sorry, realigned - the deadline.

TWIC confusion continues

OMG! How can this TWIC issue be so full of confusion? Somebody read my blog post "Does My Boat Need a TWIC?" and mis-interpreted it to mean that he and his captains didn't need to get TWIC cards....

The purpose of my post about boats was to point out that most marine assistance vessels will not have to comply with the secure area rules imposed on larger towing vessels and passenger boats. These rules could even include installing TWIC card readers and other security measures.

This vessel security issue is separate from the requirements for all licensed mariners to get a TWIC card. Everyone who holds a captain's license must get a TWIC card by September 25, 2008.

No TWIC for homeless guy

Does this kind of stuff make you crazy too? I gotta have a TWIC card, even though I never have to enter a secure area, meanwhile, some homeless bum takes a nap inside a Unitied Parcel Service cargo plane that is parked in a secure area of an airport, and they just write him a ticket. The Sacramento Bee reports it this way:

Security personnel at Mather Airport made a surprise discovery Monday night -- a homeless man sound asleep inside a cargo plane. A sheriff's summary released today does not indicate how long the 44-year-old man had been sleeping or how he gained entry into the area off Truemper Way. Deputies were called about 11:40 p.m. after United Parcel Service security guards found him. The security guards then checked the plane and "found it to be clear of suspicious items," the summary states. The man was issued a citation and deputies gave him a ride to a nearby light-rail station, where he was released from custody.

A friend who is a pilot for UPS sent me this email today about the same story:

The IPA and its Security Committee are awaiting additional information from UPS Security on the discovery Monday night of a homeless man asleep inside of a UPS A300 at Mather Airport in Sacramento. Media reports suggest the 44-year-old man followed a fuel truck through the gate and onto the ramp. He then boarded a parked A300 where he apparently stayed for one or two days. However, a sheriff’s summary does not indicate exactly how the man gained entry into the area. It's unclear if maintenance crews or UPS security actually found the man. However, Sheriff deputies were called to the scene and “found it to be clear of suspicious items.”

They just let him GO?? There are dive boat operators in Key West trying to figure out where to install a TWIC card reader on the bridge of their 45' dive boats, because god forbid some terrorist highjacks a Hatteras and trys to blow up Sloppy Joe's Bar; meanwhile, some bum sets up housekeeping inside an empty Airbus at a major airport, and the authorities just write him a citation?

Go figure...

Does My Boat Need a Secure Area?

Someone asked me to research the new TWIC rules to find out if our assistance towboats would need to comply with the new security rules. Its not actually the TWIC rules that govern vessel security, it was all set forth by the Maritime Transportation Security Act of 2002, which is the Act that imposed the TWIC. The CFR for Vessel Security is in 33 CFR104.105, which I cut & pasted here:
-----------------------------------------------------------------------------------
Title 33: Navigation and Navigable Waters
PART 104—MARITIME SECURITY: VESSELS
Subpart A—General

§ 104.105 Applicability.

This part applies to the owner or operator of any:

(1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI–1 or Chapter XI–2;
(2) Foreign cargo vessel greater than 100 gross register tons;
(3) Self-propelled U.S. cargo vessel greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105;
(4) Vessel subject to 46 CFR chapter I, subchapter L; [Cargo & Offshore Supply vessels]
(5) Passenger vessel subject to 46 CFR chapter I, subchapter H; [cargo & inspected pass. vessels]
(6) Passenger vessel certificated to carry more than 150 passengers;
(7) Other passenger vessel carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage;
(8) Barge subject to 46 CFR chapter I, subchapters D or O; [Cargo, Tank & Bulk Cargo]
(9) Barge carrying certain dangerous cargo in bulk or barge that is subject to 46 CFR Chapter I, subchapter I, that is engaged on an international voyage.
(10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
(11) Towing vessel greater than eight meters in registered length that is engaged in towing a barge or barges subject to this part, except a towing vessel that—
(i) Temporarily assists another vessel engaged in towing a barge or barges subject to this part;
(ii) Shifts a barge or barges subject to this part at a facility or within a fleeting facility;
(iii) Assists sections of a tow through a lock; or
(iv) Provides emergency assistance.
-------------------------------------------------------------------------------
So, you guys that tow barges or run a crew boats will need to check into the rules more carefully, but the Marine Assistance & Towing industry boats are generally exempt, based on #11 above. If your towboat is 8 meters or less, you are exempt. If you are greater than 8 meters and providing emergency assistance, you are still exempt. Towing a disabled vessel in a NON-emergency situation isn't specifically mentioned, but I think that "provides emergency assistance" was meant to exempt a class of vessels, rather than an act. The way I read this is "Vessels that are routinely employed for providing emergency assistance to other vessels are exempt from the rule," assuming they don't fall under one of the other 10 criteria. I will try and get a clarification from USCG to confirm that.

UPDATE: Please don't confuse the vessel security rules with the requirements for all licensed mariners to get a TWIC card. Even if your boat doesn't have a security plan or secure areas, you MUST TWIC!

Reduced TWIC fees for Recent License Renewals

Did you know that if your current USCG license was issued after Jan 13, 2006, you're eligable for a reduced "security threat assessment"?
From the TSA TWIC page FAQs:

A reduced fee of $105.25 will be made available for applicants who will not require the security threat assessment. The reduced fee is available for the following:
>applicants who hold a Merchant Marine License (MML) issued after January 13, 2006.

For those applicants seeking to pay the reduced fee, they must present their HME, FAST card, MMD, or MML (meeting the requirements outlined above) at the time of enrollment.

Now, aren't you glad you subscribed to Red Right Returning? This might save you $27.25!

A Very TWICilicious Page

Maybe I'm spending too much time surfing the net, but I can't believe how much BS and just plain bad information is running around concerning the requirement for a Transportation Worker Identification Credential (TWIC). I put together all my links and research onto a single webpage: Doug's TWICilicious Page. Most of my readers are up to speed on this, but feel free to spread this link around to anyone who might make use of it.

TWIC Stickler

Some guys are just sticklers for the truth. Consider the email I received in response to my post that everyone has to get the TWIC.

"Yeah, but what is the actual law that says I gotta have a TWIC if I don't use my licence? I don't believe that I gotta have it if I never use my ticket."

Here it is. Read 'em and weep:

CFR Title 46: Shipping
PART 10—LICENSING OF MARITIME PERSONNEL Subpart A—General

§ 10.113 Transportation Worker Identification Credential.
By September 25, 2008 all mariners holding an active License, Certificate of Registry or STCW endorsement issued under this part must hold a valid Transportation Worker Identification Credential (TWIC) issued by the Transportation Security Administration under 49 CFR part 1572. Failure to obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's license, COR or STCW endorsement under 46 U.S.C. 7702 and 7703.

Please note it says "all mariners holding an active License..." not using or working under or acting as, but holding. Translation: If there is an unexpired USCG license with your name on it, you must have a TWIC by Sept 25, 2008, whether or not you ever intend to use the license or work as captain, or enter any secure areas.



Furthermore:

Failure to obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's license, COR or STCW endorsement under 46 U.S.C. 7702 and 7703.

What part of "suspension or revocation" do you want to take a chance with? Maybe I'm on the cutting edge (doubtful), but I am really surprised about how much confusion and misinformation is running around out there about this TWIC issue. It just seems so simple to me - after Sept 25, 2008, the USCG will accept only one proof of your background and identification, and that will be the TWIC. Without that proof, your license becomes void. End of story. Get a TWIC or surrender your license.

TWIC Applies to ALL Licensed Mariners

At C-PORT last week, there seemed to be a surprising amount of confusion about who is required to obtain a TWIC. Statements like "My friend has a 6 Pack license and runs a dive boat, and he says he doesn't need a TWIC" are just incorrect or misinformed. For the most part, these myths were dispelled and the record was set straight at the meeting, but it bears repeating here.

As required by law, all credentialed U.S. merchant mariners must obtain a Transportation Workers Identification Credential (TWIC), prior to September 25, 2008 – this includes all persons holding a Coast Guard-isued License, Certificate of Registry, Merchant Mariner Document or STCW...

If you hold a Captain's License (either Master or OUPV), you are required to get a TWIC, whether or not you will ever use the TWIC at work or for security purposes. Click here for a copy of an official announcement from the USCG. Print that out for your doubting friends. Better yet, post it at yacht clubs and fuel docks in your area. There are probably a bunch of 6Pack guys who will just let their tickets expire rather then endure TWICification. Perhaps a little culling of the pack isn't such a bad idea?

Here is the logic why all CG License holders have to get TWIC'ed. The Coast Guard is using the TWIC program as an opportunity for them to get out of the bureaucratic burden of fingerprinting and background checks. For years, when you obtain or renew your USCG ticket, they would conduct a background check and take your fingerprints. That burden will now be transffered to the TSA, and your TWIC will be all the proof the USCG needs know that you are who you say you are and that the FBI has already got a thick file on you.

For more detailed discussion on the exact CFRs and the TWIC, please click here to see my TWICilicious Webpage.

TWIC for Christmas

Wow, that was fast! I had my TWIC enrollment appointment on 12/12/07, and I got an email that my TWIC was ready for pick-up on 12/21/07. Nine days! So, I was down there today, and picked up my TWIC, which didn't take very long - about 20 minutes. You once again have to bring some ID, and then they activate the card, which programs all your data on to a little chip that is embedded in the card itself. During the activation, you choose a seven to nine digit number as your PIN, and that also gets programmed onto the card. And they give you a very fancy hard plastic case so your TWIC doesn't get damaged when you are wearing it. The case and neck lanyard alone must be worth about $10.

So, the card can be used for secure entry in a variety of ways: you might swipe the card like a credit card, and then have to enter your PIN into a keypad. OR, you might just have to show the card to a live security guard, OR, some locations might have a machine that reads the chip on the card, in which case your finger print would scanned and matched to the biometric data on the card, OR, some other combination and permutations of all the above.

I wonder if I'll ever actually use this thing, other than as an ID when I'm passing through airport security...

I got my renewed USCG license in the mail on 12/21/07; also nine days. So, kudos to the Dept of Homeland Security for speedy service.

Easy TWIC'ins

As I promised in my previous post, here is a quick report on progress to get my TWIC. I began by using the Internet to 'Pre-Enroll', and to make an appointment at the closest TWIC enrollment center. All of this is done in conjunction with renewing my USCG Masters license.

The TWIC center was easy to find, in part because the Internet offers a "map it" link when making an appointment. I arrived a few minutes early, and was given a simple questionnaire to fill out; basically some Yes/No check boxes about past criminal activity.

After a brief wait, I was escourted to a table with a nice lady who began by collecting the $132.50 fee. Payment with credit card is encouraged. NO CASH is accepted. The receipt says you just paid Lockheed Martin. So, now we know who the sub-contractor is.

Now, here is where the Pre-Enrollment comes in. When you finished pre-enrolling online, you were instructed to print out a single page that has your name and a large bar code printed on it. You bring that page to the TWIC center with you. They scan your page, and all of information about you that you entered on the internet is now right there. Your name, address, SSN, date of birth, etc, just zip right up on the screen. This saves time, as the nice lady doesn't have to type all this in again; she just shows you the info on a computer screen, and you confirm that it is correct.

Now, you get electronically fingerprinted. No more messy ink pads. They take a lot of prints, but it only takes a few minutes to do.

Finally, you sit for a quick digital photo (presumably this photo will appear on your actual TWIC card). No smiling allowed. No really, you are not allowed to smile for the TWIC photo. If you don't like the first photo, ask them to take another. I blinked on my first try, and she took a second one.

That it. the whole process at the enrollment center only took 10 minutes. Perhaps this is because its all run by a private company and not government employess.

One reminder to you, these folks are very serious about your identity and proof of citizenship. A current US Passport is the only document you need here, but if you don't have one of those, be sure you check the list of acceptable documents.

So, now I wait a few weeks while the TSA and DHS calculate the likelyhood that I intend to blow something up, and then they call me and I have to go back in person to pick up my TWIC. That is the one unavoidable objection to this entire process; you have to make two trips to the TWIC center. For me, its a two hour drive each way. For some of you, it will probably be worse.

Once I finished there, I went over to the USCG Regional Exam Center to file my license renewal application. They had to do three things: take my money ($95.00), take my fingerprints, and check that I had filled out my paperwork properly. Total time at REC: about 1.5 hours.

At both stops, I inquired about how this process might be streamlined for professional mariners. And if there were plans to perhaps join the expiration dates of TWICs and licenses.....mostly I received blank stares and polite shurgs in reply.

DEADLINE NOTE: The deadline for getting TWIC'ed is Sept 25, 2008.

Be TWICs and between.

Well, the TWICs are coming, and theres nothing you can do to stop 'em. TWIC stands for Transportion Worker Idenification Credential. Everyone with a USCG License will have to get one. The actual deadline is a little unclear to me, but my ticket is up for renewal this spring, so I have started the process of getting TWICed. (rhymes with kicked)

Here is a link to the TWIC home page on the internet:

http://www.tsa.gov/what_we_do/layers/twic/index.shtm

The first order of business is to Pre-Enroll on the internet. This is not manditory, but highly recommended. I went through the pre-enrollment process, and it is very easy. Basically, you complete a few forms on-line that collect your basic data like date of birth, SSN, address, etc.

Then, when you are ready, you make an appointment at your local TWIC center, (which one figures in military speak would be TWICCEN). Making the appointment on-line was also very easy, but only after you have created an 'account' and done the pre-enrollment. I couldn't find my local TWICCEN on the public web pages, but once I logged in to 'my account', the link to the closest centers was very easy, and making the appointment was as simple as one click of the mouse.

So, next week I go to the center and actually go through the application process. I'll keep you posted on developments. In the mean time, take 20 minutes and browse the web link I posted above. The FAQs are very infomative.