NTTC Files Amicus Brief in TWIC Reader Lawsuit







Yesterday, NTTC filed an amicus brief in International Liquid Terminal Association v. DHS.  The ILTA, the American Chemistry Council, and the Fertilizer Institute are suing the Department of Homeland Security and the Coast Guard to delay the requirement that electronic TWIC readers be installed at port facilities by August 23. There is already a requirement that drivers entering secure port areas have TWICs and that facility staff verify them visually.  In the final rule, the Coast Guard expanded the number of locations that must install electronic TWIC readers without providing advance notice to the public, failing to provide for debate about whether or not the added facilities needed to be covered. 

Specifically, the Coast Guard is attempting to expand the reader requirement to port facilities that contain hazardous materials, even if those hazardous materials are never loaded on or unloaded from a vessel.  Because there was no opportunity to weigh in on the added locations for electronic TWIC readers, the Coast Guard and DHS’ rule is illegal and should be struck down. NTTC’s amicus brief supports our customers by describing the harms the tank truck industry will experience if the final rule is allowed to go into effect on August 23. The main harm to our industry will be hours-long delays at facilities where TWICs must be verified electronically.
The plaintiffs filed their brief on Monday, June 25. The government will file in response in mid-July and then the judge is expected to rule on whether or not to enjoin the TWIC Reader Rule. Other groups, including the State of Louisiana, are expected to file amici briefs as well.  NTTC is watching this case closely and will keep you informed as it develops.

For more information, contact:
Boyd Stephenson
Senior Vice President of Government Affairs
(703) 838-1960