We revise § 1540.203(a) to include the new individuals who must successfully complete an STA, listed above in §§ 1540.201(a)(6)-(12). (b) The validation firm's validator authorized to perform assessment services under this subpart. Section 1522.123(e) provides that a validator must not conduct more than two consecutive assessments of a given facility seeking approval, or renewal of approval, to operate a CCSF. U.S. aircraft operators, foreign air carriers, and IACs must screen 100 percent of cargo considered to present an "elevated risk," and TSA screens 100 percent of all … The remaining cost of $22,607,257 will be divided by the estimated population (1,202,566) receiving the service. The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. Since the end of 2016, several cargo/mail security events have taken place - audits (Azerbaijan, Georgia, Kazakhstan and Ukraine), three workshops on cargo and mail security/screening, two Best Practices for Cargo Inspectors courses and mentoring activities (Armenia, Kazakhstan and Moldova). l Cargo Security Training (Regulated Agent Regime) Course [RAR]. RACSF in 2.6.1 and 2.6.2 above. TSA may grant itself an extension of time for good cause. Both programs rely on a chain of custody concept, requiring verification that no tampering has occurred between the time of screening and the time the cargo is tendered to the air carrier. 28. The fees will reimburse TSA for the costs of administering the program. This rule is a key component of our strategy to maintain 50 percent screening as of February 3, 2009, and to Start Printed Page 47676achieve 100 percent screening by August 3, 2010. If an aircraft operator or foreign air carrier screens cargo off an airport, it must do so as a certified cargo screening facility in accordance with part 1549. In addition to any other information required by TSA, the validation firm must submit the following information to TSA when applying for renewal: (1) If required, evidence that the validators and other individuals of the validation firm with responsibilities for participating in assessments have successfully completed the initial training under § 1522.119(a) and any recurrent training described in § 1522.119(b). (e) Acceptance of cargo only from specified persons. Individuals and States are not included in the definition of a small entity. The 3PK9-C program was created under TSA's Certified Cargo Screening Programs (CCSP), 49 CFR part 1549, to provide an efficient and effective method for screening … Approval, amendment, renewal of the security program and certification of a certified cargo screening facility. We note that the CCSF potentially may operate at all hours of the day. Paragraph (c) of § 1522.105 sets out procedures by which an applicant or a validation firm may request amendments to a security program. Found inside – Page 8In line with best practices, air carriers are also encouraged to transmit available APIS data 72 hours prior to a flight. ... by assigning risk assessments to conveyances and cargo, and selecting passengers for enhanced screening.38 ATS ... Software consulting, procurement and implementation. (b) In addition to the terms in §§ 1500.3 and 1540.5 of this chapter, the following terms apply in this part: Applicant means a firm that seeks to become a TSA-approved validation firm under this part. A summary table at the end of this section provides an overview of the cost estimates. Found inside – Page 79TSA will also identify approved technologies for industry screening of air cargo as it moves through the supply chain ... that " TSA has not fully followed best practices for developing a reliable and valid life - cycle cost estimate . have renewed concerns about the adequacy of passenger and cargo screening. Register (ACFR) issues a regulation granting it official legal status. Security Directives and security programs are SSI and the details are non-public information. (3) Upon receipt of a Petition for Reconsideration, the designated official must either amend or withdraw the notice of amendment, or transmit the Petition, together with any pertinent information, to TSA for reconsideration. TSA adopts this interim rule without prior notice and prior public comment. TSA may withdraw the approval of a security program, if TSA determines continued operation is contrary to security and the public interest, as follows: (1) Notice of proposed withdrawal of approval. Testing and evaluating Dual … 1101(a)(22). This is important, because the quality of the validation firm's operational performance depends primarily on the expertise of its personnel, especially the validators. (2) The validation firm, the validator, or an individual who will assist in conducting the assessment, or an immediate family member of such a validator or individual, is a creditor or debtor of the person under assessment. Except as otherwise provided in its program, each foreign air carrier operating a program under § 1546.101(a), (b), (e) or (f) may accept cargo for air transportation to be loaded in the United States only from the shipper, or from an aircraft operator, foreign air carrier, or indirect air carrier operating under a security program under this chapter with a comparable cargo security program, or, in the case of a foreign air carrier under § 1546.101(a) or (b), from a certified cargo screening facility, as provided in its security program. Extending the STAs to such individuals in a CCSF provides a degree of security comparable to TSA's other programs, including the IAC program, in that all personnel of regulated parties with access to cargo from the time of screening until the time the aircraft operator loads it will undergo a check against the terrorist databases. Chapter 1, Air Cargo- An Historical … With each comment, please identify the docket number at the beginning of your comments. These paragraphs make it clear that the validation firm must satisfy all of these elements before the validation firm may conduct assessments. Second, the Regulatory Flexibility Act of 1980 (5 U.S.C. (b) Security threat assessment. The holder of the security program may respond to the Notice of Proposed Withdrawal of Approval no later than 15 calendar days after receipt of the withdrawal by providing the designated official, in writing, with any material facts, arguments, applicable law, and regulation. It does not apply to either U.S. aircraft operators or foreign air carriers when they load cargo outside the U.S. and transport it into the U.S., nor to U.S. or foreign all-cargo operations. CTPAT Partners must exceed the minimum security criteria (MSC) to achieve Tier Three status. Frequency: CCSFs will submit an application for recertification every three years. This rule revises § 1544.205(e) to allow full-program operators to accept screened cargo from a CCSF. Each validation firm must comply with the requirements in 49 CFR part 1520 regarding the handling and protection of Sensitive Security Information (SSI). In this rule, however, TSA seeks prior public comment on our proposed fee to cover the cost of the STAs. The designated official transmits the Petition together with all pertinent information to the Assistant Secretary for reconsideration. Found inside – Page 28The screening program is supported by the air freight and air carrier industries , because it leverages best practices from a variety of global supply chain programs and allows businesses to choose the best and most effective model for ... 9701 and other applicable Federal law. (h) TSA has determined that each of the following are comparable to the security threat assessment required in this subpart: (1) A CHRC conducted in accordance with §§ 1542.209, 1544.229, or 1544.230 that includes a name-based check conducted by TSA. 17. Even when the CCSF is not in operation it must maintain access control measures to, for instance, secure any screened cargo at the facility from entry by an unauthorized person. Aircraft operators do not have the capacity to screen the approximately 12 million pounds of cargo that is now transported on passenger aircraft daily. (3) In the event that the certified cargo screening facility is unable to implement the measures in the Security Directive, the certified cargo screening facility must submit proposed alternative measures and the basis for submitting the alternative measures to TSA for approval. TSA invites comment on the proposed fee of $13 to $21 and the methodology and population estimates we used to arrive at this amount. (2) After considering all relevant material, the designated official must notify the validation firm of any amendment adopted or rescind the notice of amendment. TSA will only approve a facility to operate as a CCSF if it is located in the United States. and therefore is taking a different approach to implementing the 9/11 screening mandate for inbound cargo. Aircraft operators, foreign air carriers, IACs, and facilities that may decide to become CCSFs must have sufficient finality in the regulations to develop their screening programs and have them fully operational in time to meet the statutory deadlines. (e) Prohibition on consecutive assessments. Thus, TSA has explicit authority to inspect all parts of certified cargo screening facilities that relate to screening, including loading and unloading areas, areas where screening and storage occur, and areas where CCSFs prepare or maintain records pertaining to compliance with TSA's requirements. The authority citation for part 1548 continues to read as follows: Add new part 1549 to subchapter C to read as follows: Economic Sanctions & Foreign Assets Control, Declassification Reviews of Certain Documents Concerning the Terrorist Attacks of September 11, 2001, White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities. (8) A statement acknowledging that all personnel of the applicant who must successfully complete a security threat assessment under the requirements of this part must do so before the applicant authorizes the personnel to perform duties under this part. (b) Content. (a) Preventing or deterring the carriage of any explosive or incendiary. The authority citation for part 1546 continues to read as follows: Authority: TSA will review an application received under § 1522.107 to determine whether—. on The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. New § 1540.203(j) provides that the STA expires in five years or when the applicant is no longer in the United States lawfully. ADDRESSES above for information on where to submit comments. Accordingly, TSA has submitted the following information requirements to OMB for its review. Much of this cargo is gathered by IACs off-airport, consolidated into Unit Load Devises or pallets, and brought to the airport for loading on aircraft. The authority citation for part 1546 continues to read as follows: Amend § 1546.205 by revising paragraphs (d) and (e) and adding new paragraph (g) to read as follows: Revise the heading of § 1546.405 to read as set forth above. (c) Emergency notice of withdrawal of approval. Individuals must undergo an STA as specified in the appropriate security programs if they meet any of the following conditions: Section 1546.213 makes similar clarifications that apply to foreign air carriers. (c) Each validation firm must retain the following records until completion of the validation firm's next review under § 1522.115, after which the records may be destroyed unless TSA instructs the validation firm to retain the records for a longer period. 1101(a)(22), and includes American Samoa and Swains Island. (4) The security coordinators and their alternates. Fourth, the Unfunded Mandates Reform Act of 1995 (2 U.S.C. (c) Amendment requested by a validation firm or applicant. The cost of the modal shift assumed by TSA was not estimated as the cost components of this shift would be difficult to estimate. TSA obtained a value of the monetary cost of an attack under a certain probability (the value of which equals the total estimated monetary cost of the attack multiplied by the probability of an attack of that nature over a year-long time period) and compared it to the undiscounted, annualized cost of the CCSP to estimate how often an attack of that nature would need to be averted for the expected benefits to equal costs. Validators must have extensive experience in conducting assessments, inspections, or audits before undertaking duties under this part. They also conduct cargo screening. 1602 of the Implementing the Recommendations of the 9/11 Commission Act of 2007 (Pub. Certified Cargo Screening Facilities Embry-Riddle Aeronautical University • BSAB 410 8.2 Assignment Current Air Cargo Operations Security Best Practices (PLG1).docx The 9/11 Act defines the term “screening” in sec. 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