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DHS/TSA | RIN: 1652-AA64 | Publication ID: Fall 2008 |
Title: Air Cargo Screening | |
Abstract: The Transportation Security Administration (TSA) will establish the Certified Cargo Screening Program that will certify shippers, manufacturers, and other entities to screen air cargo intended for transport on a passenger aircraft. This will be the primary means through which TSA will meet the requirements of sec. 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 that mandates that 100 percent of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation, must be screened by August 2010, to ensure the security of all such passenger aircraft carrying cargo. Under this rulemaking, each certified cargo screening facility (CCSF) and their employees and authorized representatives that will be screening cargo must successfully complete a security threat assessment. The CCSF must also submit to an audit of their security measures by TSA-approved auditors, screen cargo using TSA-approved methods, and initiate strict chain of custody measures to ensure the security of the cargo throughout the supply chain prior to tendering it for transport on passenger aircraft. | |
Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: 49 CFR 1520 49 CFR 1522 49 CFR 1540 49 CFR 1544 49 CFR 1548 49 CFR 1549 | |
Legal Authority: PL 110-53, sec 1602 49 USC 114 49 USC 40113 49 USC 44901 to 44905 49 USC 44913 to 44914 49 USC 44916 49 USC 44935 to 44936 49 USC 46105 |
Legal Deadline:
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Overall Description of Deadline: Sec 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, 478, Aug. 3, 2007) requires that the Secretary of Homeland Security establish a system to screen 50 percent of cargo on passenger aircraft not later than 18 months after the date of enactment and 100 percent of such cargo not later than 3 years after the date of enactment. |
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Statement of Need: TSA will establish a system to screen 100 percent of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo. The system shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by the Administrator of TSA, are used to screen cargo carried on passenger aircraft to provide a level of security commensurate with the level of security for the screening of passenger checked baggage. |
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Summary of the Legal Basis: 49 U.S.C. 114; sec 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, 478, 10/3/2007) |
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Anticipated Costs and Benefits: TSA estimates the cost of the rule will be $3.0 billion (discounted at seven percent) over ten years. TSA analyzed the alternative of not establishing the Certified Cargo Screening Program (CCSP) and, instead, having aircraft operators and air carriers perform screening of all cargo transported on passenger aircraft. Absent the CCSP, the estimated cost to aircraft operators and air carriers is $8.5 billion (discounted at seven percent) over ten years. The bulk of the costs for both the CCSP and the alternative are attributed to personnel and the impact of cargo delays resulting from the addition of a new operational process. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Victor Parker Branch Manager, Policy Development Branch, Surface Division Department of Homeland Security Transportation Security Administration Policy, Plans and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028 Phone:571 227-3664 Email: victor.parker@tsa.dhs.gov Alice Crowe Senior Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel, TSA-2, HQ, E12-320N, 601 South 12th Street, Arlington, VA 20598-6002 Phone:571 227-2652 Fax:571 227-1379 Email: alice.crowe@tsa.dhs.gov |