MYTH #1: I will only need a TWIC if my job requires me to enter secured areas.
WRONG! Everyone who holds a USCG "credential" (which includes Masters Licenses, OUPV
Licenses, Engineers, ABs, Licensed Mates, Pilots, and MMDs) has to get TWIC'ed. Your need
for a TWIC is not directly related to entry to secure area, (see #6 below). Read the USCG
TWIC bulletin to see what the USCG says as recently as January 30, 2008, or read the actual
Federal Code, 46CFR10.113 duplicated in its entirety below:
MYTH #2: I don't need to get a TWIC until I renew my license. Nope, sorry. The deadline
to get your TWIC is September 25, 2008*. This deadline is not just a policy, it is in 46CFR10.
113, shown above. By September 25, 2008 all mariners holding an active License....Failure to
obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's
license... Now, what part of suspension or revocation are you willing to risk? Please note that
the law says holding an active license, not "receiving or renewing". Here is my interpretation:
if there is a valid, unexpired USCG License with your name on it, you must get a TWIC by the
deadline, or face the consequences.
MYTH #3: "6-Pack" licenses don't need to get a TWIC. Untrue! The 6-Pack, officially
known as an OUPV, is considered a USCG LICENSE: if you don't believe me, click here to see
the USCG Form 719B, the application you filled out when you got your OUPV. Please note it's
title: Application for License As....ALL Licensed Mariners have to get TWIC'ed: see myths #1
and #2.
POSSIBLE? MYTH #4: I don't need a TWIC if I'm not using my license, so I can wait
until I renew or start working as a captain again. I say a Possible Myth, because even
some USCG personnel have indicated that this true, and point to the concept of "Acting
under the Authority" as some kind of loophole to the deadline. The CFR shown above
mentions 46 U.S.C. 7702 and 7703, which are the laws that allow the USCG to revoke your
license. 46USC7702 explains the administration procedures, and 46USC7703 describes the
actual bases for suspension or revocation, shown below:
#1 clearly states that the violation must occur while acting under the authority, but be sure
and read the entire law. The other bases, 2-5, have no such acting under the authority
restriction. Is it possible that a failure to get your TWIC by the deadline could mean you're a
security risk under #5? Probably not in the eyes of the USCG, but what about the TSA?
The USCG has the authority to grant you a great deal of latitude on this, because they actually
issue you the license. But the USCG does not issue the TWIC, the TSA does (see myth #5).
What happens when you head down the the local TWIC center in a few years when its time to
renew your USCG license? Don't you think that the TSA will find out that you've had a valid
USCG license all this time, and that you didn't follow the rules? You see, now you've got to
deal with the TSA, not the USCG. The TSA has no such acting under the authority
loopholes. The list of things that would disqualify you for a TWIC are listed in 49CFR1572 and
failure to comply with enrollment deadline does not appear to be a disqualifier; but are you
really willing to risk it?
So, if you're not using your license, you might be OK waiting until renewal time; its hard to say.
Bottom line on this: your license will be useless without a TWIC. If you intend to keep your
license, the very best approach will be to get TWIC'ed before the deadline.
MYTH #5: The US Coast Guard is in charge of the TWIC program. Thats technically
incorrect; The Transportation Worker Identification Credential was mandated by Congress as
part of the Maritime Transportation Security Act of 2002. The MTSA basically names the TSA
as the agency that will oversee the TWIC program, but with USCG cooperation. Both the TSA
and USCG are part of the Dept of Homeland Security (DHS). The TWIC will be required for lots
of people other than mariners: From the TSA FAQs page.
So, its not just a USCG ID card; truck drivers, forklift drivers, shipwelders....all will have to get
TWICs, and they sure won't be getting TWIC'ed by the USCG.
MISUNDERSTANDING #6: If the TWIC is a security clearance card, why does every
mariner have to get one? This is probably the source of much of the confusion. The TWIC
is NOT a security clearance, its a secure form of ID, and it will be for ALL transportation
workers who need secure access, not just mariners. Conceivably, this could include railroad
workers, bus drivers, maybe even taxi cab drivers. TWIC enrollment ensures security by
verifying identity, immigration and criminal records. When the TWIC was conceived, it made
sense to begin with port security. As the USCG is the overall agency controlling port security,
they had a huge stake in the program development. Somewhere along the way, a very smart
guy at USCG headquarters realized that the TWIC was about to duplicate what the USCG has
been doing for years: identity proof and criminal background checks. You know, when you get
or renew your license, you have to get fingerprinted, and your file is checked against the FBI
database for criminal activity. So, the TWIC means the USCG can get out of identity tracking,
fingerprinting & background checks - and focus on issuing licenses and patrolling the coast.
The rest will become a function of the TWIC, with the burden of identity confirmation,
background checks and record keeping assumed by the TSA. Here is a portion of the the
USCG's Notice of Proposed Rule Making as published in the US Federal Register January 25,
2007:
The proof of what I'm saying here is contained in the text I highlighted in boldface within the
quote above. This proposed rule change has not gone into effect yet, but it will (probably by
April 15, 2009). Once that happens, the TWIC will become the only way the USCG knows that
you have passed the necessary security checks that qualify you to hold a USCG License in the
first place, which is why you gotta have a TWIC.
So thats it. It took me a week of web surfing, pasting links and editing to organize all this. I
hope you found this page useful,
Doug
WRONG! Everyone who holds a USCG "credential" (which includes Masters Licenses, OUPV
Licenses, Engineers, ABs, Licensed Mates, Pilots, and MMDs) has to get TWIC'ed. Your need
for a TWIC is not directly related to entry to secure area, (see #6 below). Read the USCG
TWIC bulletin to see what the USCG says as recently as January 30, 2008, or read the actual
Federal Code, 46CFR10.113 duplicated in its entirety below:
MYTH #2: I don't need to get a TWIC until I renew my license. Nope, sorry. The deadline
to get your TWIC is September 25, 2008*. This deadline is not just a policy, it is in 46CFR10.
113, shown above. By September 25, 2008 all mariners holding an active License....Failure to
obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's
license... Now, what part of suspension or revocation are you willing to risk? Please note that
the law says holding an active license, not "receiving or renewing". Here is my interpretation:
if there is a valid, unexpired USCG License with your name on it, you must get a TWIC by the
deadline, or face the consequences.
MYTH #3: "6-Pack" licenses don't need to get a TWIC. Untrue! The 6-Pack, officially
known as an OUPV, is considered a USCG LICENSE: if you don't believe me, click here to see
the USCG Form 719B, the application you filled out when you got your OUPV. Please note it's
title: Application for License As....ALL Licensed Mariners have to get TWIC'ed: see myths #1
and #2.
POSSIBLE? MYTH #4: I don't need a TWIC if I'm not using my license, so I can wait
until I renew or start working as a captain again. I say a Possible Myth, because even
some USCG personnel have indicated that this true, and point to the concept of "Acting
under the Authority" as some kind of loophole to the deadline. The CFR shown above
mentions 46 U.S.C. 7702 and 7703, which are the laws that allow the USCG to revoke your
license. 46USC7702 explains the administration procedures, and 46USC7703 describes the
actual bases for suspension or revocation, shown below:
#1 clearly states that the violation must occur while acting under the authority, but be sure
and read the entire law. The other bases, 2-5, have no such acting under the authority
restriction. Is it possible that a failure to get your TWIC by the deadline could mean you're a
security risk under #5? Probably not in the eyes of the USCG, but what about the TSA?
The USCG has the authority to grant you a great deal of latitude on this, because they actually
issue you the license. But the USCG does not issue the TWIC, the TSA does (see myth #5).
What happens when you head down the the local TWIC center in a few years when its time to
renew your USCG license? Don't you think that the TSA will find out that you've had a valid
USCG license all this time, and that you didn't follow the rules? You see, now you've got to
deal with the TSA, not the USCG. The TSA has no such acting under the authority
loopholes. The list of things that would disqualify you for a TWIC are listed in 49CFR1572 and
failure to comply with enrollment deadline does not appear to be a disqualifier; but are you
really willing to risk it?
So, if you're not using your license, you might be OK waiting until renewal time; its hard to say.
Bottom line on this: your license will be useless without a TWIC. If you intend to keep your
license, the very best approach will be to get TWIC'ed before the deadline.
MYTH #5: The US Coast Guard is in charge of the TWIC program. Thats technically
incorrect; The Transportation Worker Identification Credential was mandated by Congress as
part of the Maritime Transportation Security Act of 2002. The MTSA basically names the TSA
as the agency that will oversee the TWIC program, but with USCG cooperation. Both the TSA
and USCG are part of the Dept of Homeland Security (DHS). The TWIC will be required for lots
of people other than mariners: From the TSA FAQs page.
So, its not just a USCG ID card; truck drivers, forklift drivers, shipwelders....all will have to get
TWICs, and they sure won't be getting TWIC'ed by the USCG.
MISUNDERSTANDING #6: If the TWIC is a security clearance card, why does every
mariner have to get one? This is probably the source of much of the confusion. The TWIC
is NOT a security clearance, its a secure form of ID, and it will be for ALL transportation
workers who need secure access, not just mariners. Conceivably, this could include railroad
workers, bus drivers, maybe even taxi cab drivers. TWIC enrollment ensures security by
verifying identity, immigration and criminal records. When the TWIC was conceived, it made
sense to begin with port security. As the USCG is the overall agency controlling port security,
they had a huge stake in the program development. Somewhere along the way, a very smart
guy at USCG headquarters realized that the TWIC was about to duplicate what the USCG has
been doing for years: identity proof and criminal background checks. You know, when you get
or renew your license, you have to get fingerprinted, and your file is checked against the FBI
database for criminal activity. So, the TWIC means the USCG can get out of identity tracking,
fingerprinting & background checks - and focus on issuing licenses and patrolling the coast.
The rest will become a function of the TWIC, with the burden of identity confirmation,
background checks and record keeping assumed by the TSA. Here is a portion of the the
USCG's Notice of Proposed Rule Making as published in the US Federal Register January 25,
2007:
The proof of what I'm saying here is contained in the text I highlighted in boldface within the
quote above. This proposed rule change has not gone into effect yet, but it will (probably by
April 15, 2009). Once that happens, the TWIC will become the only way the USCG knows that
you have passed the necessary security checks that qualify you to hold a USCG License in the
first place, which is why you gotta have a TWIC.
So thats it. It took me a week of web surfing, pasting links and editing to organize all this. I
hope you found this page useful,
Doug
| TITLE 46--SHIPPING Subtitle II--Vessels and Seamen Part E--Merchant Seamen Licenses, Certificates, and Documents CHAPTER 77--SUSPENSION AND REVOCATION 7703. Bases for suspension or revocation A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder-- (1) when acting under the authority of that license, certificate, or document-- (A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or
(3) Within the 3 year... (4) Has committed an act of... (5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment. (emphasis mine) |
| Doug's TWICilicious Page: Debunking TWIC Myths. . Verifiable facts about Captains and the Transportation Worker Identification Credential |
| There just seems to be so much confusion and mis-information about the TWIC issue for Captains that I put this page together to provide some answers and web resources to help licensed captains separate the facts from bullshit. I provide an official source and/or a web link to support everything I say. ** UPDATE MAY 2, 2008: DEADLINE FOR TWIC ENROLLMENT EXTENDED TO APRIL 15, 2009 ** |
| LINKS |
| 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. [CG–2006–24196, 72 FR 3587, Jan. 25, 2007] *Now extended to April 15, 2009, except in New England. |
Are you renewing your USCG License soon? Do you know what License Creep is? Click here to find out. Does my VESSEL fall under the TWIC rules? Click here to read more Another reason to TWIC: You made a promise: when you got your license, you took this oath: (page 3 of form CG-719B, Application for License...) "I do solemnly swear or affirm that I will faithfully and honestly, according to my best skill and judgment, and without concealment and reservation, perform all the duties required of me by the laws of the United States.I will faithfully and honestly carry out the lawful order of my superior officers aboard a vessel." Getting a TWIC by the deadline is a requirement of the laws of the US, 46CFR10.113 Blowing off the TWIC deadline isn't really faithfully performing your duty as required by law, is it? "The TWIC will become the only way the USCG knows that you have passed the necessary security checks that qualify you to hold a USCG License in the first place, which is why you gotta have a TWIC." Doug's TWICilicious Page |
| All credentialed merchant mariners are required by 46 U.S.C. 70105 and the TWIC rule to apply for and obtain a TWIC. To apply for a TWIC, a mariner must appear in person at a TWIC enrollment center to be fingerprinted, photographed and show proof of identification. The new TWIC application requirements are duplicative for mariners [because] currently, all mariners applying for a merchant mariner’s document (MMD), merchant mariner’s license (license) and/or certificate of registry (COR) must appear in person at a Coast Guard Regional Examination Center (REC) to be fingerprinted by and show proof of identification to an REC employee. The appearance requirement in the TWIC rule is less burdensome on mariners, however, because there will be over 25 TWIC enrollment centers verse the 17 RECs. This rule proposes to remove the requirement that mariners appear at a REC. As proposed in this SNPRM, once a mariner appears in person to apply for their TWIC, they can complete their entire MMC application process by mail unless an examination is required. Also, since TSA will be verifying the identity of and conducting a security threat assessment for all TWIC applicants, this rulemaking also proposes to remove the Coast Guard security and identity vetting requirements for mariners. This proposed rulemaking would remove those application requirements made duplicative by the TWIC rule. |
| An estimated one million individuals will be required to obtain a TWIC. This includes Coast Guard-credentialed merchant mariners, port facility employees, longshoremen, truck drivers, and others requiring unescorted access to secure areas of maritime facilities and vessels regulated by MTSA |
| "Someday, mariners will complete their entire MMC and License renewal by mail" USCG Notice of Proposed Rulemaking While I have a put a good deal of effort into this page, I don't for a second think that I have all the answers. I'm not a lawyer - just a guy who surfs the Internet too much. With that in mind, please don't assume that anything here is legal advice, 'cause it ain't. If you find something in error, or have reason to disagree, please email me with your comments at: doug@5goulds.com |
| Have you renewed your USCG License recently? You might be eligiable to save $$ on your TWIC fees. Click here for more info |