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TWIC and MMC: What Seafarers Should Know (for Now)

February 2007

As this edition of the LOG went to press in late January, the U.S. Department of Homeland Security was expected to issue a final rulemaking for the Transportation Worker Identification Credential (TWIC) program along with a supplemental notice of proposed rulemaking covering the merchant mariner qualification credential (MMC). Eventually, U.S. mariners will be required to carry both a TWIC and an MMC, while the current z-card/MMD and STCW certificate will be phased out along with licenses. Earlier last month, the DHS issued an advance copy of the final rule for the TWIC program, which is supposed to improve port security by checking the backgrounds of workers before they are granted unescorted access to secure areas of vessels and maritime facilities. The TWIC itself will be an ID card that includes a biometric identifier, in this case a fingerprint. The MMC is envisioned as a paper document containing information about an individual mariner’s work qualifications. The advance copy of the final rule spanned 469 pages but didn’t include regulations on the card readers themselves, nor specific instructions on how or where to apply for the card. Nevertheless, between that copy and various communications from the U.S. Coast Guard, this much has been stated by the government: From the date the final rule is published in the Federal Register (expected to have taken place by the end of January), mariners have 20 months to secure a TWIC. Meanwhile, a valid z-card/ MMD will be considered as meeting the requirements of the TWIC program, provided it is supplemented by a second form of government-issued ID such as a driver’s license. Detailed information on how and where to apply for a TWIC is supposed to be included in subsequent notices from the government. However, the enrollment process will start no sooner than March 2007 in a small number of ports, with gradual expansion nationwide. The rollout schedule will be posted to the TWIC web site: www.tsa.gov/twic The final rulemaking on the MMC isn’t expected to be published until at least summer 2008, and initial issuance of that credential will continue over a five-year period. This means that until the proposed MMC regulation is final, Seafarers should continue to apply for z-cards/MMDs, licenses, CORs and STCW endorsements under the current regulations in 46 CFR parts 10 and 12. It also indicates that the MMC will be phased in over five years. Because mariners undergo a security-related background check as part of their Coast Guard application process, they are eligible to obtain a reduced-fee TWIC. If a mariner exercises this option, the Department of Homeland Security’s Transportation Security Administration (TSA, which oversees the TWIC program) will use the Coast Guard’s security assessment, which is valid for five years. The mariner’s TWIC, therefore, will expire on the same date as their z-card. (Essentially, the TWIC assessment would be time-limited so that the TWIC expires when the mariner’s z-card expires.) Obtaining a TWIC with a full five-year validity period will require paying the full fee and undergoing a new TSA security assessment. This may change in the final rule, but the advance copy reported that the fee for a TWIC card will be between $139 and $159 (for cards that are good for five years). The TSA proposes that workers with current, comparable background checks (including one for a z-card) will receive a discounted fee of between $107 and $127. The exact amount of the fee will be finalized once a contract is awarded in early 2007. A subsequent Federal Register Notice will be issued at that time. The cost of the MMC “will be the same as the cost of the current mariner documentation. The only change will be the removal of additional issuance fees ($45) as there will no longer be multiple credentials to issue.” If the MMC proposed regulation is fully implemented, mariners would be able to apply for original, renewal, duplicate and raise-in-grade MMCs entirely by mail, without having to visit a Coast Guard regional examination center. Most or all of the information currently submitted in person at one of the 17 RECs already would have been submitted at one of the 125 or so TWIC enrollment centers when an individual applied for a TWIC, removing the need (though not eliminating the option) to apply for an MMC in person. The Coast Guard will provide a 90-day comment period on the supplemental proposed MMC rulemaking project and encourages public comment. The government estimates that approximately 750,000 workers eventually will need to carry a TWIC, including U.S. mariners. The new credential was mandated in the Maritime Transportation Security Act (MTSA) of 2002. Notices of Proposed Rulemakings were issued last year, and the SIU formally submitted comments in early July 2006. Additionally, the SIU joined with other U.S. maritime unions in crafting related testimony presented July 20 to the U.S. House Subcommittee on Coast Guard and Maritime Transportation. (The subcommittee is part of the House Transportation and Infrastructure Committee.) Maritime unions including the SIU have emphasized that they fully embrace strong shipboard and port security measures, but that such regulations must not cause undue burden on mariners or other transportation workers, nor should they disrupt commerce. For More Information The union will provide regular updates on both the TWIC and MMC in the Seafarers LOG, on our web site (www.seafarers.org, normally in the “Heard at Headquarters” section), and at the monthly membership meetings. Port agents will be informed of any new developments, so Seafarers may check with them from time to time. Questions concerning the TWIC may be e-mailed to the Coast Guard at: uscg-twic-helpdesk@uscg.mil The phone number for the TSA’s TWIC help desk is 877-687-2243 The TSA’s TWIC web site is located at http://www.tsa.gov/ A list of Coast Guard RECs is located at http://www.uscg.mil/stcw/mmic-regions.htm