[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13155-13156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-36]
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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.
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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.
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Accordingly, 49 CFR part 1572 is corrected by making the following
correcting amendment:
PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS
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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:
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a. Revise paragraph (a)(7)(ix).
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b. Redesignate paragraph (a)(7)(x) as paragraph (xi) and revise.
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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]
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