Editorial: TSA Presses Ahead With TWIC

At least twice in recent months, The Waterways Journal has published editorials related to the proposed Transportation Worker Identification Credential (TWIC) and on Coast Guard licensing procedures (June 19 and July 24), and on August 28 we reported that the TWIC rule wouldn’t include card readers. Pardon us for being journalistic, but exactly what good are ID cards without readers? Is meeting a deadline more important than “getting it right” for a change? If the Transportation Security Administration (TSA) and Coast Guard don’t make a mid-course correction in these matters, we see nothing but woe for the towing industry. Quite frankly, the industry doesn't need it!

The recent announcement informed us that the TSA is pressing ahead with proposed requirements for TWICs. These “smart” ID cards will be required for anyone who needs unescorted access to secure and restricted areas on vessels that must comply with 46 CFR Part 104 and at facilities that must comply with 46 CFR Part 105. Those are the rules governing maritime security measures, which were mandated by the Maritime Transportation Security Act of 2002.

A parallel initiative on the part of the Coast Guard is moving forward to create a new Merchant Mariner Credential (MMC). The Coast Guard is tying its MMC proposal to the implementation of the TWIC. The idea is that licensed rivermen will be required to hold both a TWIC (for identification purposes) and an MMC (for qualification purposes). This means that licensed people are not off the hook for TWIC requirements, even if they don’t work on vessels or at facilities that must comply with maritime security rules.

Of the two, the TWIC has received the most attention due to its onerous administrative requirements. These include two visits to a TWIC enrollment center, a lengthy “deep” background investigation, and an estimated fee of $140. The process is to be repeated every five years, although the investigation will not have to be as “deep” and the fees will be something less. These proposals were published in the Federal Register, and public meetings were duly held in a few locations. The gist of the comments was that the TWIC is going to be real trouble for the inland towing industry—an industry already suffering from a serious lack of crews to man towboats. Concerns were voiced that the delay between application and receipt of the TWIC (estimated at six weeks) will drive potential job applicants to seek other employment. The “deep” background checks also raise concerns that people who already hold licenses may be denied a TWIC and thus lose their jobs. Virtually every commenter asked that the rulemaking process slow down a bit and that more time be granted to explore the details and address the issues they raise in a deliberate manner. To that request, the TSA says “No.” The goal remains to have an interim rule published by the end of the year.

There is a bit of give on the government’s part. The hardware needed to read the TWIC’s “smart” features has not yet been determined nor sources of supply identified. So the TSA has decided to split the rule-making in two. The TWIC is moving ahead, while the card readers will be addressed in a separate rule. The irony is that without card readers, the “smart” card won’t be any better than a much-derided, dumb “flash pass” for access control. The hardware was never the real problem anyway, we’re told. Yes, towing industry people worry about the initial expense, upkeep and connectivity issues for the undefined card readers. But none of that is going to matter if there are no towboats or facilities handling Part 105 products or servicing large passenger vessels! It’s the people problems that must be addressed, or there are going to be very few crews to get TWICs.

It’s imperative that the TSA and Coast Guard adopt some sort of interim credential while the TWIC takes its administrative course. Its possible to walk into a gun shop and purchase a weapon based on an instant background check, so why not use a similar procedure to obtain government permission to work on towboats or at Part 105 facilities? A simple, commonsense approach to initial employment background checks is needed. Also needed is a process to address potentially disqualifying “hits” on the deep background check. People who have a satisfactory work record and have previously been granted a Coast Guard license deserve the benefit of doubt when an arrest record from decades in the past surfaces. Unfortunately, the appeals process for TWIC denials looks to be very time-consuming and cumbersome. Many will simply hang it up rather than battle the bureaucracy.

We can’t help but continue to wonder just what problem all of this is intended to solve. There seem to be ample opportunities for terrorists to do us harm without resorting to using towboats as weapons of mass destruction. Then there’s always the theory that we can achieve complete security and improve safety by shutting down traffic on the river altogether. We’d be more inclined to give the government some room on this were it not for the Coast Guard’s current troubles in handling background checks for license renewals. We are hearing that routine renewals now take from 12–16 weeks. Can we expect the TSA to do better?

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