TSA Update on Meeting 100% Air Cargo Screening for Inbound Passenger Aircraft

(While the 9/11 Act² required TSA to develop a system to screen 100% of all cargo transported on passenger aircraft (both inbound and domestic) not later than August 3, 2010, TSA only completed this mission for domestic passenger aircraft by that date. TSA set a new 2013 deadline for cargo loaded on inbound passenger aircraft, which was later proposed to be moved to December 31, 2011.)

TSA to Consult Trade Before Finalizing Dec 31 100% Inbound Screening Deadline

In June 2010, TSA testified that the agency wouldn’t be able to meet the 100% screening deadline for international inbound cargo until 2013. However, the October 2010 event involving explosive devices found on planes destined for the U.S. from Yemen led to TSA proposing to move that deadline to December 31, 2011.

TSA noted that the agency has requested industry comment on the feasibility of this proposed deadline, and will review industry comments prior to making a final determination. (See ITT’s Online Archives or 01/21/11 news, 11012125, for BP summary.)

TSA Says Inbound Has Operational Challenges and Needs Foreign Cooperation

According to TSA, many air carriers, including a high number of wide-body operators, are already at or close to 100% screening of air cargo inbound to the U.S. However, TSA recognizes that closing the final gap poses some operational challenges for airlines.

In addition, TSA does not have the same inspection and compliance authorities overseas that it has in the U.S. TSA cannot establish the Certified Cargo Screening Program (CCSP) overseas, as it does not have regulatory authority to do so³. While TSA can inspect and aggressively pursue enforcement action in the U.S., any inspection of air cargo screening overseas requires the full voluntary cooperation of its foreign partners.

100% Inbound Screening also Faces a Number of Other Challenges

TSA identified the following additional challenges it faces in meeting the 100% inbound screening requirement:

• The volume of inbound cargo is much larger than volume of domestic cargo loaded on passenger planes - in 2009, 2.8 billion pounds of inbound air cargo was delivered on passenger aircraft from 94 countries
• Increasing security without impeding the free flow of commerce
• Complexity of the global supply chain
• TSA regulatory authority extends only to the air carriers
• Piece level screening
• Screening capacity at the air carriers
• Availability and standard application of technology
• Sovereign nations implement individual security programs

TSA Using a Two-Fold Approach for Inbound Screening

TSA is using a two-fold approach to meet the requirement to screen 100% of air cargo on inbound passenger planes:

Increasing carrier screening percentage. Changing Standard Security Programs (U.S. programs) for passenger air carriers transporting cargo inbound to the U.S. to include increased requirements for cargo acceptance, handling and screening. TSA continues to increase carrier screening percentage requirements and the proposed date has been set for 100% screening (December 31, 2011).

Recognition of other countries’ security programs. Working on recognition of commensurate National Country Security Programs that will allow inbound air carriers departing from countries with programs commensurate to the U.S. to follow only the security requirements of host governments (NCSP Recognition). TSA has been first focusing on the highest volume countries.

TSA has formalized the process by which it evaluates and recognizes the national country security programs of other countries. Using a ‘system to system’ approach, TSA bases its evaluation on six criteria: (1) facility security; (2) personnel security; (3) cargo screening; (4) chain of custody standards; (5) employee training; and (6) oversight and compliance activities.

TSA Taking Steps to Address Challenges for Inbound Screening

Using this dual approach as well as a pilot program for cargo manifests, TSA is taking the following steps to achieve the 100% screening requirement and address the challenges outlined above:

Reviewing other countries’ NCSPs - continue to review other countries' NCSPs. Since TSA cannot establish a CCSP program overseas, the NCSP approach is a key element in helping industry to accomplish the 100% screening goal while also enabling TSA to ensure that inspections and compliance actions are well established by the host government programs and commensurate with U.S. security standards.

Allowing authorized representatives to be used - allow air carriers to use Authorized Representatives to perform specific security functions on their behalf, such as: ground handling, screening, training, etc. The air carrier remains fully responsible for designated actions of an AR and the AR location is subject to inspection as it relates to the carrier program. The AR program could enable entities to screen as part of consolidation process.

ATS pilot - TSA, in conjunction with U.S. Customs and Border Protection, is running a pilot program to determine feasibility of targeting inbound cargo to the U.S. from select origins. This would allow TSA and CBP to obtain cargo manifest for inbound flights and evaluate cargo risk before it is loaded on an aircraft.

(In December 2010, CBP and TSA announced that they were starting an express operator and a freight forwarder pilot program to obtain air cargo data sooner. See ITT's Online Archives or 12/17/10 news, 10121729, for BP summary.)

Continuing to evaluate screening technology - continue to evaluate screening technologies to ensure that industry has the most effective equipment at its disposal. Currently, approximately 80 equipment models are fully certified for cargo, up from 20 in February 2009. In 2010, TSA added a new category of technology, Electro Magnetic Detection (EM D), which has proven to be an effective means of screening products such as perishable commodities.

(TSA also launched a private sector canine pilot program which, if successful, would enable industry to utilize privately operated teams that meet the same strict standards to which TSA teams are trained and maintained.)

TSA Issuing Series of Security Directives for Air Cargo, Training Aids

Another part of TSA’s efforts to secure air cargo includes the development of a series of security directives (also referred to as protocols) for air carriers, the most recent of which was issued March 4, 2011 and took effect March 10, 2011. TSA has also been working with industry to ensure that the new security directive is understood and is developing training aids for industry.

GAO Says TSA Challenges Include Foreign Gov’ts, Incomplete Data, Technology

GAO warns that even as TSA has taken steps to improve the security of inbound air cargo, it faces challenges that could hinder its ability to meet the inbound cargo screening mandate, including:

• TSA lacks a mechanism to obtain complete data on screening conducted on inbound air cargo;
• TSA has limited authority to regulate foreign governments or entities; and
• no technology is currently approved or qualified by TSA to screen cargo once it is loaded onto a unit-load device (ULD) pallets or containers (both of which are a common means for transporting air cargo on wide-body passenger aircraft).

¹TSA and GAO testified at the House Homeland Security Committee’s Transportation Security Subcommittee hearing on “Securing Air Commerce from the Threat of Terrorism.”

²The Implementing Recommendations of the 9/11 Act of 2007

³TSA created the CCSP to help shippers meet the August 2010 mandate requiring that 100% of air cargo loaded on U.S. originating (domestic) passenger aircraft be screened. The program enables freight forwarders and shippers to pre-screen cargo, avoiding any potential bottlenecks at the airport. TSA testified that it was able to meet the August 2010 deadline of screening 100% of cargo transported on flights of passenger aircraft originating within the U.S. due to the CCSP.

(See ITT’s Online Archives or 03/07/11 news, 11030729, for BP summary of a top CBP official stating that CBP Commissioner Bersin thinks the way that CBP, TSA and the trade can resolve issues such as the Yemen bomb plot is informally instead of making new laws or involving legislation.)

Witness testimony available here