News

TWIC Reader Rule Further Delayed Until 2029: What You Need to Know

January 15, 2025

On October 31, 2024, the U.S. Coast Guard (USCG) announced a significant update regarding the enforcement of the TWIC Reader Rule in its Federal Register notice titled “TWIC–Reader Requirements; Second Delay of Effective Date.” This rulemaking delays the enforcement of TWIC Reader requirements for specific categories of facilities until May 8, 2029.

Who Is Affected by the TWIC Reader Rule Delay?

The delayed enforcement applies to the following three categories of facilities:

  • Facilities that handle Certain Dangerous Cargoes (CDC) in bulk and transfer such cargoes from or to a vessel.
  • Facilities that handle CDC in bulk but do not transfer it from or to a vessel.
  • Facilities that receive vessels carrying CDC in bulk but, during the vessel-to-facility interface, do not transfer it from or to the vessel.

Why the Delay?

The USCG’s decision to delay enforcement stems from the need to review the 2022 TWIC Reader assessment report conducted by the Homeland Security Operational Analysis Center (HSOAC). The report analyzed key factors, including:

  • Types of CDC;
  • Population density within proximity to facilities handling CDC; and
  • Broader consequences of CDC-related risks.

This delay allows the USCG to fully consider the findings and explore a more risk-based approach to TWIC Reader applicability.

New Pilot Project for TWIC Reader Applicability

In addition to reviewing the HSOAC report, the USCG will initiate a pilot project in 2025 to evaluate a proposed tiering process for determining TWIC Reader applicability.

What Is the Tiering Process?

The proposed process leverages the Chemical Security Assessment Tool (CSAT) tiering engine, previously used under the Chemical Facility Anti-Terrorism Standards (CFATS) regulation. By considering the CSAT’s risk assessment methodology, the USCG aims to identify more precise criteria for determining which facilities require TWIC Reader enforcement.

How the Delay Affects Your Facility

The delayed enforcement provides additional time for facilities to prepare for potential changes to TWIC Reader requirements.

Next Steps for Facilities

The USCG plans to use data from the pilot project and the HSOAC analysis to evaluate potential changes to TWIC Reader applicability. These efforts reflect a move toward a more risk-based approach to chemical facility security. Please do not hesitate to contact us with any questions or additional information.

New TSA Cyber Risk Management Rules: What Pipeline, Rail, and Bus Operators Need to Know

January 10, 2025

On November 7, 2024, the Transportation Security Administration (TSA) issued its Enhancing Surface Cyber Risk Management Notice of Proposed Rulemaking (NPRM), a significant development for certain pipeline, rail, and over-the-road bus operators. The NPRM, which is open for public comment until February 5, 2025, proposes comprehensive cyber risk management requirements designed to enhance operational security and mitigate the risk of cyberattacks.

Key Requirements of the NPRM

The proposed regulations include the following mandates:

  • Physical Security Coordinator: Operators subject to the rule would be required to designate a Physical Security Coordinator at the corporate level to function as an administrator for sharing security-related activities and information with TSA.
  • Incident Reporting: The NPRM distinguishes between physical and cybersecurity incident reporting. Certain pipeline, freight railroad, passenger railroad, and rail transit owners and operators would be required to report cybersecurity incidents to CISA and physical security concerns to TSA, within 24 hours. 
  • Documentation and Verification: The NPRM proposes enhanced requirements for maintaining compliance records and conducting independent assessments and audits.
  • Cyber Risk Management Program: Operators subject to the rule would be required to establish and maintain a comprehensive program to manage cyber risks effectively. This would include, among other things, annual cybersecurity evaluations, creation of a TSA-approved Cybersecurity Operational Implementation Plan (COIP), and development of a Cybersecurity Assessment Plan (“CAP”) to identify unaddressed vulnerabilities.
  • Broader Classification of Sensitive Security Information (SSI): The NPRM expands SSI classification to include transportation-related cybersecurity materials, heightening the need for confidentiality and data protection.

The NPRM would effectively codify and expand upon existing TSA requirements established through Security Directives issued in 2021 following the Colonial Pipeline cyber-attack. Navigating these evolving requirements can be challenging. Please do not hesitate to contact us with additional questions or for more information.  

Congressional Efforts to Restore Chemical Facility Anti-Terrorism Standards (CFATS) Continue

May 6, 2024

On April 18, 2024, a bipartisan group of Representatives in the U.S. House, led by Laurel Lee (R-FL), redoubled efforts to restore CFATS by offering an amendment to H.R. 8035 (“Ukraine Security Supplemental Appropriations Act, 2024”). The amendment would have reauthorized CFATS for two years, but it was not included in the final bill that passed the House of Representatives (and eventually became law). Industry continues to look for ways to restore CFATS using other legislative vehicles.

Risk-Informed Analysis of Transportation Worker Identification Credential Reader Requirements

November 11, 2022

The RAND Corporation published its long-awaited assessment of the Transportation Worker Identification Credential (TWIC) Reader Rule. The purpose of the assessment is to further consider the costs versus benefits of the TWIC Reader Rule, including the scope of affected facilities.

As an initial matter RAND has concluded:

  • Between 471 and 711 Maritime Transportation Security Act–regulated facilities handle Certain Dangerous Cargo (CDC) in bulk and are therefore likely to be subject to the reader rule delay.
  • Among the facilities observed to handle CDCs, anhydrous ammonia was the most common CDC, although many facilities handle more than one type of CDC.
  • The consequence distribution of facilities that handle CDCs in bulk was highly skewed (i.e., many facilities with relatively low consequences and few facilities with extremely high consequences).
  • The TWIC reader rule would have to avert a Transportation Security Incident (TSI) approximately every 60 to 90 years, at a minimum, to be cost-effective.
  • Although the final reader rule is potentially cost-effective even in its current form, reasons exist to consider a more-targeted approach that excludes low-quantity or low–population density facilities, or both. Under hypothetical regulatory options, a more-targeted approach affecting only higher-consequence facilities would need to avert only one TSI approximately every 200 to 600 years to be cost-effective.
  • The decision to use a wide net or a more-targeted approach could depend largely on policymakers’ preferences and relative risk tolerance considering trade-offs among several competing factors.

https://www.rand.org/pubs/research_reports/RRA1687-1.html

Reduced Cost for Online TWIC Renewal

November 4, 2022

In August 2022, the Transportation Security Administration (TSA) implemented an online renewal process for Transportation Worker Identification Credential (TWIC) applicants. This new capability permits eligible applicants to renew their TWIC online without visiting a TSA enrollment center. With the implementation of this capability, TSA reduced the cost for TWIC renewals completed through the new online process.

Effective November 3, 2022, the fee for an online TWIC renewal was reduced to $117.25. The fee for new enrollments and in-person renewals will remain $125.25.

Online TWIC Renewal Program

August 11, 2022

On August 11, 2022, the Transportation Security Administration (TSA) began allowing most current TWIC holders to renew their credentials online without needing to visit an enrollment center. TSA believes that this change will make renewal faster and more convenient for most TWIC holders, since nearly 60% of TWIC holders renew their card every five years. Current TWIC card holders may renew their TWIC card online up to one year prior to the expiration date printed on their card and up to one year after their card expires. To be eligible for online renewal, the TWIC card holder must be a U.S. citizen, U.S. national, or a lawful permanent resident.

For more information regarding the TWIC renewal process or to renew your TWIC online, visit the TSA Universal Enroll website.