TSA Issues Proposed Rule to Amend Air Cargo Security Requirements (Part I)
The Transportation Security Administration (TSA) has issued a proposed rule that would amend 49 CFR Parts 1540, 1542, 1544, 1546, and 1548 in order to enhance and improve the security of air cargo transportation. TSA believes the proposed regulatory requirements in this proposed rule would impose significant barriers to terrorists seeking to use the air cargo transportation system for malicious purposes.
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Written comments on this proposed rule are due by January 10, 2005.
Security Measures are for the Entire Air Cargo Supply Chain
According to TSA, this proposed rule would require the adoption of security measures throughout the air cargo supply chain. These security measures would be applicable to indirect air carriers (IACs, e.g., air freight forwarders), airport operators, aircraft operators, and foreign air carriers.
This is Part I of a series of summaries on this proposed rule and highlights the TSA's preamble to its proposed rule. See future issues of ITT for additional summaries.
Highlights of the Preamble to TSA's Proposed Rule on Air Cargo Security
The following are highlights from the preamble of TSA's proposed rule on air cargo security (partial list):
TSA solely responsible for security of air cargo. TSA states that while other agencies, including the Federal Aviation Administration (FAA), regulate safety considerations in the transportation of cargo and U.S. Customs and Border Protection (CBP) regulates the entry of cargo into the U.S., TSA is solely responsible for the security of shipments of air cargo.
Codify and enhance Known Shipper Program. According to TSA, this proposed rule would codify the known shipper program as well as provide enhancements to the existing structure to strengthen the program further. TSA prohibits aircraft operators in passenger operations under full programs from transporting cargo unless a Known Shipper ships it. TSA explains that entities may qualify for Known Shipper status if they meet certain security requirements.
Requirements for Indirect Air Carriers would be increased. The TSA's proposed rule would bolster the requirements imposed on indirect air carriers in recognition of the fact that vulnerabilities within their operations could lead to the introduction of weapons, explosives, or individuals who may jeopardize the security of aircraft.
Security measures for all-cargo aircraft and operators would be added. With respect to all-cargo aircraft, this proposed rule is intended to enhance security significantly by requiring the adoption of a number of measures by airports, aircraft operators, and indirect air carriers.
With respect to all-cargo aircraft operators, TSA states that the Department of Homeland Security (DHS) is proposing to establish a Standard Security Program for all-cargo aircraft operators utilizing aircraft with a take-off weight of over 45,500 kg. TSA explains that these carriers currently are not covered by the existing security requirements in 49 CFR 1544.101(a) as they do not carry passengers. Instead these all-cargo operators typically follow provisions of 49 CFR 1544.101(d) and (e), which are intended to govern the operations of much smaller aircraft.
Security threat assessments would be extended to certain air cargo industry workers. The TSA states that DHS is also proposing to extend security threat assessments, or focused background checks, to air cargo industry workers who handle air cargo but do not operate within a secure area. Currently, these workers are not screened, leaving the possibility that they could introduce weapons, explosives, or individuals into the air cargo system.
Secure Identification Display Area requirements would be extended; persons on all-cargo aircraft would be screened. The TSA is also proposing to extend Secure Identification Display Area requirements at airports that have these areas under 49 CFR 1544.205 to cargo operation areas not covered by the current language of this regulation. The TSA states that it is also seeking to ensure persons traveling on all-cargo aircraft are screened to ensure they do not pose a threat to the aircraft.
-written comments must be submitted on or before January 10, 2005
TSA Contact - Tamika McCree (571) 227-2632
TSA Proposed Rule (D/N TSA-2004-19515, FR Pub 11/10/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24883.pdf