TSA to Continue Using Private Facilities For Cargo Screening on Passenger Planes
"TSA believes that if TSA screened cargo at airports, the screening process would very likely impede the flow of commerce," the final rule stated. "It would create many of the same problems diat would occur if aircraft operators screened 100% of cargo."
The Transportation Security Administration said it will continue to rely on private facilities and airlines to screen cargo on passenger aircraft, but will not use contractors to audit die agency's Certified Cargo Screening Program.
TSA said in its final rule that since last August, airlines and independent screening facilities have been meeting the requirement that 100% of the 7.6 million pounds of cargo transported on passenger aircraft daily are inspected either visually, by dogs or using various screening technologies.
"TSA believes that if TSA screened cargo at airports, the screening process would very likely impede the flow of commerce," the final rule stated. "It would create many of the same problems diat would occur if aircraft operators screened 100% of cargo."
TSA made the comment in reaction to suggestions by several industry stakeholders on its 2009 interim final rule that the agency should screen die cargo, and not private entities.
"To our relief, we're glad that TSA still does not see the wisdom behind the federalizing of the screening process," Brandon Fried, executive director of the Airforwarders Association told TRANSPORT TOPICS.
"I think if TSA was involved in the cargo screening process, we would see delays and horrors beyond imagination," Fried said.
TSA also said in its final rule that it is considering charging a $31-$51 fee to run "security threat assessment" checks for all workers involved in the cargo screening process. Cargo screeners must adhere to strict chain-of-custody requirements to secure cargo from the time it is screened until it is loaded onto a passenger aircraft.
However, the fee would not be charged to trucking companies whose employees transport screened cargo if they already possess a hazardous materials endorsement or Transportation Worker Credential Identification, said Boyd Stephenson, manager of security and crossborder operations for American Trucking Associations.
But for freight forwarders, die fee is going to be a "significant expense," Fried said.
"We were kind of shocked when we saw a range of $31 to $51," Fried told TT. "If it's on the high side, it can be a significant burden for the industry."
TSA certifies shippers, indirect air carriers and other entities, often called "car washes," as certified to inspect cargo prior to transport on passenger aircraft.
However, the final rule eliminated an earlier requirement that airlines with their own security programs also be certified as cargo screeners.
The screening of air freight is done at warehouses and other sites by contractors, airlines and freight forwarders, said Robert Voltmann, president of the Transportation Intermediaries Association.
"TSA has been flexible enough that it has allowed the industry to adapt and continue to be profitable," VoItmann told TT.
In its interim final rule, TSA was considering die use of several thirdparty contractors to help audit and certify companies doing the cargo screening, according to Fried. That rule estimated that more dian 7,500 entities would apply to be certified as cargo screeners.
But Fried said that only 1,2001,300 entities have applied for certification to screen cargo, largely because most shippers don't want to do the screening themselves and would rather pay for the service.
Under die interim rule, each certified screening facility applicant had to successfully undergo an assessment of dieir facility. But TSA said in die final rule it is confident it can handle the validation and audit process itself without the assistance of diird-party contractors.
"The airlines now are screening approximately half of the freight," Fried told TT. "But in the end, the forwarder is the third-party logistician, so it wants to make sure the cargo doesn't get tendered to the airline unless some screening arrangements have been made."
Fried said that currently there are no requirements that air cargo originating in foreign airports be screened.
That could soon change. Under its National Country Security Program, TSA has been working diligently to ensure 100% inspection of cargo leaving foreign countries by die end of this year, Fried said.
"That is a tall order," Fried said. "There are currently like 197 countries recognized by die Department of State."