TSA's Proposed Rule to Amend Air Cargo Security Requirements (Part V - Final)

This is Part V, the final part of a series of summaries on this proposed rule and highlights the TSA's proposed revisions and additions to the requirements in 49 CFR Part 1546 regarding foreign air carrier security.

Foreign Air Carrier Security Program

Adoption and Implementation of Security Program. Proposed 49 CFR 1546.101 would state that each foreign air carrier landing or taking off in the U.S. must adopt and carry out a security program, for each scheduled and public charter passenger operation or all-cargo operation, that meets the requirements at 49 CFR 1546.101(a), (b), (c), (d), (e), and (f).

Security program would have to be acceptable to TSA. TSA's proposed rule would revise a paragraph at 49 CFR 1546.103(a)(1) in order to state that a foreign air carrier's security program would be acceptable only if TSA finds that the security program provides a level of protection similar to the level of protection provided by U.S. aircraft operators serving the same airports. Foreign air carriers would have to employ procedures equivalent to those required of U.S. aircraft operators serving the same airport if TSA determines that such procedures are necessary to provide a similar level of protection.

Content of security program. Proposed 49 CFR 1546.103(b) would provide that each security program required by 49 CFR 1546.101(a), (b), (c), (e) or (f) as applicable, must be designed to meet the requirements currently enumerated at 49 CFR 1546.103(b)(1) through (4).

Foreign Air Carrier's Acceptance and Screening of Cargo

Preventing or deterring the carriage of any explosive or incendiary. Proposed 49 CFR 1546.205(a) would be revised to state that each foreign air carrier operating under a program under 49 CFR 1546.101(a), (b), (e), or (f) would have to use the procedures, facilities, and equipment described in its security program to prevent or deter the carriage of unauthorized persons, explosives, incendiaries, and other destructive substances or items in cargo onboard an airplane.

Refusal to transport cargo. Under proposed 49 CFR 1546.205(b) each foreign air carrier operating a program under 49 CFR 1546.101(a), (b), (e), or (f) would be required to refuse to transport any cargo if the shipper does not consent to a search or inspection of that cargo in accordance with the system prescribed by 49 CFR 1546.

Control of cargo. Proposed 49 CFR 1546.205(c) would state that each foreign air carrier operating a program under 49 CFR 1546.101(a), (b), or (e) would have to use the procedure in its security program to control cargo that it accepts for transport on an aircraft in a manner that:

prevents the carriage of any unauthorized persons explosives or incendiaries and other destructive substances or items aboard the airplane; and

prevents access by unauthorized persons other than a foreign air carrier employee or its agent, or persons authorized by the airport operator or host government.

Screening and inspecting of cargo in the U.S. Under proposed 49 CFR 1546.205(d) each foreign air carrier operating under 49 CFR 1546.101(a), (b), (e), or (f) would have to ensure that cargo is screened and inspected for unauthorized persons, explosives, incendiaries, and other destructive substances or items as provided in the foreign air carrier's security program and 49 CFR 1546.207, and as provided in 49 CFR 1546.213, if applicable, before loading it on its aircraft in the U.S.

Acceptance of cargo in the U.S. Proposed 49 CFR 1546.205(e) would state that each foreign air carrier operating a program under 49 CFR 1546.101(a), (b), or (e) could accept cargo in the U.S. only from the shipper, or from an aircraft operator, foreign air carrier, or indirect air carrier operating under a security program under 49 CFR with a comparable cargo security program, as provided in its security program.

Acceptance of cargo to be loaded outside the U.S.Proposed 49 CFR 1546.205(f) would state that each foreign air carrier subject to 49 CFR 1546.205 that accepts cargo to be loaded on its airplane outside the U.S. must carry out the requirements of its security program.

Foreign Air Carrier Security Threat Assessments for Cargo Personnel

Security threat assessments for cargo personnel. The proposed rule would add a new 49 CFR 1546.213 which would apply to each foreign air carrier operating under 49 CFR 1546.101(a), (b), or (e) and to each individual who has unescorted access to cargo in the U.S. Proposed 49 CFR 1546.213(a) would provide that before gaining unescorted access to cargo, each individual must successfully complete one of the following:

A criminal history records check under 49 CFR 1542.209, 1544.229, or 1544.230, if the

individual is otherwise required to undergo such a check under those sections; or

A Security Threat Assessment under Subpart C of 49 CFR part 1540; or

Another Security Threat Assessment approved by TSA.

Proposed 49 CFR 1546.213(b) would provide that each foreign air carrier must ensure that each individual who has access to its cargo has either successfully completed one of the checks in 49 CFR 1546.213(a) or is escorted by such an individual.

Known Shipper Program

Proposed 49 CFR 1546.215 would be added to the regulations and would apply to each foreign air carrier operating under a program under 49 CFR 1546.101(a) or (b).

Known Shipper Program for cargo to be loaded in U.S. Under proposed 49 CFR 1546.215(a), for cargo to be loaded on its aircraft in the U.S., each foreign air carrier must have and carry out a known shipper program in accordance with its security program. The aircraft operator's program would have to:

Determine the shipper's validity and integrity as provided in its security program;

Provide that the foreign air carrier will separate known shipper shipments from unknown shipper shipments; and

Provide for the foreign air carrier to ensure that cargo is screened or inspected as set forth in its security program.

Pursuant to proposed 49 CFR 1546.215(b), when required by TSA, each foreign air carrier would have to submit in a form and manner acceptable to TSA:

Information identified in its security program regarding an applicant to the known shipper program; and

Upon learning of a change to the information specified above, corrections and updates of this information.

(See ITT's Online Archives or 11/17/04 news, 04111705, for Part IV of BP's summary on this proposed rule.)

-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