TSA Issues Final Rule Requiring Additional Security Measures in Air Cargo Supply Chain (Part IV)
The Transportation Security Administration has issued a final rule, effective October 23, 2006, which amends its regulations at 49 CFR Parts 1520, 1540, 1542, 1544, 1546, and 1548 in order to require airport operators, aircraft operators, foreign air carriers, and indirect air carriers (e.g., air freight forwarders) to implement security measures in the air cargo supply chain, including security threat assessments (STAs) for persons with unescorted access to air cargo, as directed under the Aviation and Transportation Security Act (ATSA, P.L. 107-71).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(According to TSA, this rulemaking addresses two risks in the air cargo environment: (1) the hostile takeover of an all-cargo aircraft leading to its use as a weapon; and (2) the use of cargo to introduce an explosive device onboard a passenger aircraft.)
This is Part IV of a multi-part series of summaries of this final rule and highlights certain requirements in 49 CFR Part 1544 (Aircraft Operator Security: Air Carriers and Commercial Operators). See future issues of ITT for additional summaries.
Full all-cargo security program requirement extended to aircraft operators with take-off weight of more than 45,500 kg. Under this final rule, all-cargo aircraft operations conducted in aircraft with a maximum certificated take-off weight of more than 45,500 kg (100,309.3 lbs.) must meet security requirements for a full all-cargo program under 49 CFR 1544.101(h) and (i). The TSA refers to these security measures as the "full all-cargo security program.'' Operations under a full all-cargo security program are no longer authorized to operate under the current twelve-five program, as provided in 49 CFR 1544.101(d)(1), or under a voluntary domestic security integration program (DSIP).
Cargo acceptance requirements strengthened for full all-cargo programs. In this final rule, the TSA also strengthened the cargo acceptance requirements applicable to aircraft operators operating under a full program or a full all-cargo program. Pursuant to 49 CFR 1544.205(e), the TSA explains that an aircraft operator may accept cargo for air transportation only from entities that have comparable security programs. The TSA will provide more information on comparable programs within the standard security programs.
New requirements parallel those for full passenger security programs. According to the TSA, these requirements parallel those currently applied to operations conducted under a full passenger security program, in which the aircraft operator may only accept cargo from another aircraft operator or foreign air carrier with a comparable security program.
Cargo loaded on aircraft outside the U.S. The TSA also requires each aircraft operator to carry out the requirements of its security program, for cargo to be loaded on its aircraft outside the U.S. under 49 CFR 1544.205(f). TSA recognizes that not all the requirements of 49 CFR Part 1544 can be carried out in other countries. Accordingly, it works with the host governments, under international agreements, to ensure that the security measures in place provide the appropriate level of security.
All-cargo screeners, supervisors now subject to criminal history records check. In the case of passenger aircraft operated under a full program, the TSA already requires cargo screeners and their immediate supervisors in the U.S. to meet the criminal history records check (CHRC) requirements under 49 CFR 1544.229(a)(3)(i). This final rule now requires that individuals and their immediate supervisors in the U.S. who screen cargo to be transported on an all-cargo aircraft with a full all-cargo program under 49 CFR 1544.101(h) submit to a CHRC under 49 CFR 1544.229.
"Known shipper" program for aircraft operators. 49 CFR 1544.239 codifies the known shipper program in Part 1544 of the Federal regulations. According to the TSA, the "known shipper'' concept, which differentiates cargo being shipped by recognized entities from that originating with unknown parties, has been a fundamental element of air cargo security since 1976. The TSA notes that the program has also been recognized as a global standard by the International Air Transport Association (IATA) and was recognized by the U.S. Congress as a form of screening in the ATSA.
Passenger aircraft operators operating under a full program are required to have a known shipper program, including measures to ensure the shippers' validity and integrity, to inspect or further screen cargo, and to provide shipper data to the TSA. Aircraft operators must meet these requirements in accordance with the standards detailed in their security program. The known shipper program applies to passenger operations under full programs, and to those operations that elect to have a comparable security program that allows interlining cargo to operations under a full program. The TSA is also codifying similar regulations of the known shipper program for foreign air carriers and certain indirect air carriers. See future issue of ITT for BP summary of these regulations.
(See ITT's Online Archives or 05/30/06, 05/31/06, 06/01/06 news, 06053005, 06053120, and 06060115, for Parts I - III of BP summary of this final rule.)
TSA Contact - Tamika McCree (571) 227-2632
TSA Final Rule (D/N TSA-2004-19515; Amendment Nos. 1520-4, 1540-7, 1542-2, 1544-5, 1546-2, and 1548-2, FR Pub 05/26/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-4800.pdf