Air Cargo Security Options To Mitigate Costs of Compliance With International Security Requirements, 20234-20238 [2020-06929]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Transportation Security Administration

[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20234-20238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06929]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1548

[Docket No. TSA-2020-0001]


Air Cargo Security Options To Mitigate Costs of Compliance With 
International Security Requirements

AGENCY: Transportation Security Administration, DHS.

ACTION: Request for information (RFI).

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SUMMARY: The Transportation Security Administration (TSA) requests 
information from the public, specifically the air cargo industry 
(including manufacturers, shippers, suppliers, warehouses, e-commerce 
fulfillment centers, third-party logistics providers,

[[Page 20235]]

and air carriers) relating to compliance with international security 
standards for the transport of air cargo by commercial aircraft 
operators. Effective June 30, 2021, international standards require 
that all international air cargo carried by commercial aircraft 
operators (passenger and all-cargo) be either screened or be received 
from another TSA-regulated entity that has applied security controls 
and/or screened the cargo. TSA is seeking information regarding options 
to reduce the burden on U.S. and foreign all-cargo aircraft operators 
in complying with the international standard, such as security controls 
implemented throughout the supply chain that provide a level of 
security commensurate with the screening of cargo before transport. 
Because TSA does not expect these standards to require changes to 
current procedures for cargo transported on passenger aircraft, this 
RFI is focused only on all-cargo operations.

DATES: Submit comments by July 9, 2020.

ADDRESSES: You may submit comments, identified by the TSA docket number 
to this rulemaking, to the Federal Docket Management System (FDMS), a 
government-wide, electronic docket management system. To avoid 
duplication, please use only one of the following methods:
     Electronic Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001. The Department of 
Transportation (DOT), which maintains and processes TSA's official 
regulatory dockets, will scan the submission and post it to FDMS.
     Hand Delivery/Courier: At the same location as the mail 
address above, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 1-800-647-5527.
     Fax: (202) 493-2251.
    See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for format and other information about comment 
submissions.

FOR FURTHER INFORMATION CONTACT: John Beckius, Transportation Security 
Administration, 601 South 12th Street, Arlington, VA 20598-6028 
telephone (571) 227-5411; email [email protected].

SUPPLEMENTARY INFORMATION: 

Public Participation

    TSA invites interested persons to participate in this action by 
submitting written comments, data, or views. We also invite comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from any security program relating to this request. 
See the ADDRESSES section above for information on where to submit 
comments. All comments received will be posted without change to https://www.regulations.gov and will include any personal information you have 
provided.

Submitting Comments

    With each comment, please identify the docket number at the 
beginning of your comment, reference a specific portion of the 
requested information, explain the reason for any recommended change, 
and include supporting data. We recommend that you include your name 
and a mailing address, an email address, or a telephone number in the 
body of your document so that we can contact you if we have questions 
regarding your submission.
    You may submit comments and material electronically, in person, by 
mail, or fax as provided under the ADDRESSES section, but please submit 
your comments and material by only one means. If you submit comments by 
mail or delivery, submit them in an unbound format, no larger than 8.5 
by 11 inches, suitable for copying and electronic filing. If you would 
like TSA to acknowledge receipt of comments submitted by mail, include 
with your comments a self-addressed, stamped postcard on which the 
docket number appears. We will stamp the date on the postcard and mail 
it to you.
    TSA will file all comments to our docket address, as well as items 
sent to the address or email under the FOR FURTHER INFORMATION CONTACT 
section, in the public docket, except for comments containing 
confidential information and sensitive security information (SSI).\1\ 
Should you wish your personally identifiable information redacted prior 
to filing in the docket, please so state. TSA will consider all 
comments that are in the docket on or before the closing date for 
comments and will consider comments filed late to the extent 
practicable. The docket is available for public inspection before and 
after the comment closing date.
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    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, or SSI to the public regulatory 
docket. Please submit such comments separately from other comments on 
the action. Comments containing this type of information should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in the FOR FURTHER INFORMATION CONTACT 
section.
    TSA will not place comments containing SSI in the public docket and 
will handle them in accordance with applicable safeguards and 
restrictions on access. TSA will hold documents containing SSI, 
confidential business information, or trade secrets in a separate file 
to which the public does not have access, and place a note in the 
public docket explaining that commenters have submitted such documents. 
TSA may include a redacted version of the comment in the public docket. 
If an individual submits a request to examine or copy information that 
is not in the public docket, TSA will treat it as any other request 
under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the 
Department of Homeland Security's (DHS) FOIA regulation found in 6 CFR 
part 5.

Privacy Act

    Please be aware that anyone is able to search the electronic form 
of all comments in any of our dockets by the name of the individual who 
submitted the comment (or signed the comment, if an association, 
business, labor union, etc., submitted the comment). You may review the 
applicable Privacy Act Statement published in the Federal Register on 
April 11, 2000 (65 FR 19477) and modified on January 17, 2008 (73 FR 
3316).

Reviewing Docket Comments and Documents

    You may review TSA's electronic public docket material on the 
internet at https://www.regulations.gov. In addition, DOT's Docket 
Management Facility provides a physical facility, staff, equipment, and 
assistance to the public. To obtain assistance or to review items in 
TSA's public docket, you may visit this facility between 9:00 a.m. and 
5:00 p.m., Monday through Friday, excluding Federal holidays, or call 
1-800-647-5527. This docket operations facility is

[[Page 20236]]

located in the West Building Ground Floor, Room W12-140 at 1200 New 
Jersey Avenue SE, Washington, DC 20590.

Availability of Document

    You can get an electronic copy of published documents through the 
internet by--
    (1) Searching the electronic Federal Docket Management System 
(FDMS) web page at https://www.regulations.gov; or
    (2) Accessing the Government Publishing Office's web page at https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR to view 
the daily published Federal Register edition; or accessing the ``Search 
the Federal Register by Citation'' in the ``Related Resources'' column 
on the left, if you need to do a Simple or Advanced search for 
information, such as a type of document that crosses multiple agencies 
or dates.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this action.

I. Background

A. International Civil Aviation Organization (ICAO) Security Standards

    The Convention on International Civil Aviation, also known as the 
Chicago Convention, established the International Civil Aviation 
Organization (ICAO), a specialized agency of the United Nations 
Economic and Social Council (ECOSOC), charged with coordinating 
international air travel. ICAO's core mandate is to help member states 
achieve consensus on international civil aviation regulations, 
standards, procedures, and practices. Under the terms of the Chicago 
Convention, member states collaborate to implement and comply with ICAO 
security standards and recommended practices, and must send official 
notice to ICAO whenever their domestic regulatory framework differs 
from an established ICAO standard. Since its establishment, ICAO has 
issued more than 12,000 international standards and recommended 
practices (SARPs).
    Annex 17 of the Chicago Convention provides standards and SARPs 
concerned with the security of international air transport and is 
regularly amended to address evolving threats. Chapter 4.6 of Annex 17 
(ICAO 4.6) includes security standards related to cargo and mail for 
safeguarding international civil aviation, especially to identify and/
or detect the presence of concealed explosive devices or prevent the 
introduction of concealed explosive devices.
    In March 2013, ICAO revised the air cargo security standard in ICAO 
4.6 to remove the distinction between cargo transported on passenger 
aircraft and cargo transported on all-cargo aircraft, i.e., the same 
security controls must be applied regardless of the commercial aircraft 
used for international transport of cargo.\2\ On September 1, 2016, the 
ICAO Secretariat notified ICAO member states that they should phase out 
elements of their air cargo security frameworks that are inconsistent 
with the ICAO framework in the revised ICAO 4.6 \3\ no later than June 
30, 2021.
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    \2\ The following provide the pertinent revised security 
standards in the revised ICAO 4.6 include:
    Standard 4.6.1: Each Contracting State shall ensure that 
appropriate security controls, including screening where 
practicable, are applied to cargo and mail, prior to their being 
loaded onto an aircraft engaged in commercial air transport 
operations.
    Standard 4.6.2: Each Contracting State shall establish a 
supply chain process, which includes the approval of regulated 
agents and/or known consignors, if such entities are involved in 
implementing screening or other security controls of cargo and mail.
    Standard 4.6.5: Each Contracting State shall ensure that 
operators do not accept cargo or mail for carriage on an aircraft 
engaged in commercial air transport operations unless the 
application of screening or other security controls is confirmed and 
accounted for by a regulated agent, or an entity that is approved by 
an appropriate authority. Cargo and mail which cannot be confirmed 
and accounted for by a regulated agent or an entity that is approved 
by an appropriate authority shall be subjected to screening.
    \3\ The ICAO air cargo security framework recognize six 
``pillars'' of supply chain security: Facility security, personnel 
security, training, screening, chain of custody, and oversight and 
compliance.
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    The ICAO Secretariat identified three options for Chicago 
Convention member states to meet the requirements of revised ICAO 4.6 
applicable to the international shipment of cargo:
    1. Subject all cargo to 100 percent screening before loading on a 
commercial aircraft.
    2. Establish a Known Consignor program, for entities that originate 
cargo and have procedures that meet common security rules and standards 
sufficient to allow the carriage of cargo or mail on any aircraft.
    3. Establish an alternative framework recognizing an entity other 
than a Regulated Agent (agent, freight forwarder or other entity 
conducting business with an operator) or Known Consignor that applies 
security controls to cargo or mail sufficient to allow its carriage on 
any commercial aircraft.\4\
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    \4\ For example, manufacturers, shippers, etc., that implement 
sufficient security controls to allow transport of cargo on any 
commercial aircraft.
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    In sum, member states must ensure that all international air cargo 
transported on commercial aircraft is either (1) screened to a level 
intended to identify and/or detect the presence of concealed explosive 
devices or (2) under appropriate security controls throughout the cargo 
supply chain to prevent the introduction of concealed explosive 
devices.

B. United States Compliance With ICAO 4.6

    As previously noted, member states of the Chicago Convention must 
either ensure that all international air cargo is (1) screened to a 
level intended to identify and/or detect the presence of concealed 
explosive devices which may be used to commit an act of unlawful 
interference before being transported in an aircraft or (2) subject to 
appropriate security controls throughout the cargo supply chain to 
prevent the introduction of concealed explosive devices (i.e., a secure 
supply chain). Under 49 U.S.C. 114(f)(10), TSA is also required to 
ensure the adequacy of security measures for the transportation of 
cargo.
    U.S. requirements consistent with ICAO 4.6 already are in place for 
cargo transported by aircraft operators and foreign air carriers 
engaged in commercial passenger transportation,\5\ because U.S. law 
already requires 100 percent of cargo loaded aboard commercial 
passenger aircraft to be screened.\6\ To provide additional means of 
compliance with the requirements for cargo transported on passenger 
aircraft, TSA developed the Certified Cargo Screening Program (CCSP), 
see 49 CFR part 1549, and also approves technologies that can be used 
to screen cargo.
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    \5\ TSA's regulations require certain commercial aircraft 
operators and foreign carriers to operate under a TSA approved or 
accepted security program. TSA provides standard, or pre-approved 
programs, that covered aircraft operators and foreign air carriers 
may adopt to expedite the review process and reduce the burden for 
regulated parties. There are separate security programs that reflect 
differences among the industry, e.g., passenger or cargo and U.S. or 
foreign-based. TSA also has standard programs for operations that 
support the aviation industry, such as Indirect Air Carriers and 
Certified Cargo Screening Facilities. TSA's current security 
programs for cargo transported on passenger aircraft include 
measures that meet the Chicago Convention's standards.
    \6\ 49 U.S.C. 44901(g).
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    Through this notice, TSA is seeking options to similarly mitigate 
the burden of applying additional security requirements consistent with 
ICAO 4.6 as applied to all-cargo aircraft. ICAO suggests that one 
solution to increase supply chain security capacity is for member 
states to recognize ``other entities'' who demonstrate a system of 
government approved security controls

[[Page 20237]]

sufficient to prevent the introduction of concealed explosives into the 
air cargo supply chain.\7\ Under the ICAO framework, such a government-
approved entity may introduce cargo into the secured supply chain 
without screening if the entity has implemented appropriate security 
controls at all times while the cargo is in its custody.
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    \7\ See supra n. 2.
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    TSA is considering whether the option of relying on other security 
controls, consistent with the ICAO framework and providing a 
commensurate level of security, could be applied to entities not 
currently regulated by TSA in order to meet TSA and ICAO security 
standards. Such a program could enable manufacturers, warehouse 
operators, or other shipping or logistics services providers to be 
recognized by TSA as having a system of security controls that are 
sufficient to allow them to introduce cargo into the secure supply 
chain for all-cargo aircraft, without a need for screening.\8\
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    \8\ This option would not be available to passenger aircraft. 
Cargo tendered for transport on passenger aircraft would still be 
subject to screening before loading in order to meet the screening 
requirement in 49 U.S.C. 44901 and TSA's implementing regulations 
and programs.
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    This regulatory framework would align conceptually with TSA's 
Certified Cargo Screening Standard Security Program (CCSSSP), under 
which certain types of shippers operate.\9\ By complying with the 
security controls required of a shipper Certified Cargo Screening 
Facility (shipper CCSF) under the CCSSSP, cargo may be transported on 
passenger aircraft without the type of screening generally required for 
cargo on passenger aircraft because the security controls applied by 
the shipper CCSF have been determined by the TSA Administrator to 
provide a commensurate level of security with the standards established 
in 49 U.S.C. 44901.
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    \9\ Generally referred to as ``shipper CCSFs,'' these shippers 
operate as Certified Cargo Screening Facilities pursuant to 49 CFR 
part 1549.
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II. Request for Information

A. General

    Information provided in response to this notice will be used to 
inform the possible development of a new regulation, order, or security 
program to allow the transport of air cargo on all-cargo aircraft 
without additional screening based on the TSA-recognized security 
controls implemented by other entities, such as manufacturers and 
shippers. To support this effort, TSA is specifically seeking public 
comment relating to the operational concerns, costs, and benefits of 
such a program, if it were to be implemented. TSA will use the results 
of this RFI, in part, to determine whether such program would be of 
value to U.S. businesses and taxpayers.
    TSA's existing regulatory structure permits TSA to impose a 100 
percent screening requirement for all-cargo aircraft through revision 
of TSA's standard security programs.\10\ TSA acknowledges that a 100 
percent screening requirement will increase the cost of transporting 
air cargo and therefore seeks to identify less costly alternatives. Any 
alternatives to 100 percent screening would need to be consistent with 
the ICAO framework and provide a level of security commensurate with 
TSA's screening requirements in terms of their effectiveness in 
identifying and preventing threats to transportation security.
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    \10\ See 49 CFR 1544.205 and 1546.205.
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    Before developing such an option, TSA seeks comments on the broad 
areas outlined within this RFI and the approaches TSA can take to 
integrate existing requirements to meet the ICAO security standards in 
a manner that maximizes security benefits without imposing excessive, 
unjustified, or unnecessary costs.
    Commenters are asked to provide as much information or data on the 
potential costs to meet the revised air cargo security standards in 
ICAO 4.6. In some areas, very specific information is requested. 
Whenever possible, please provide citations and copies of any relevant 
studies or reports on which you rely, as well as any additional data 
which supports your comment. Explaining the basis and reasoning 
underlying your comment will also increase the relevancy of the 
information as TSA determines what, if any, options are feasible to 
industry, government, and the public to meet the revised ICAO 
standards. While specific cost information or data is preferable, 
general information may also be helpful.
    While complete answers are preferable, TSA recognizes that 
providing detailed comments on every question could be burdensome. TSA 
also does not expect that every commenter will be able to answer every 
question. Any information is appreciated and will be considered, 
regardless of whether it is a complete response.
    TSA encourages responses from all interested entities, not just the 
air transportation sectors to which any new regulation, order, or 
security program would apply. TSA also requests that each comment filed 
by a party or their representatives, explain their interest in this 
request, or the association/industry they represent, and how their 
comments may assist TSA.

B. Specific Requests

    Please refer to the number of the specific question(s) when 
responding.
    1. Please comment on the existing combinations of security 
procedures in place in the warehousing, shipping, and other ground-
based portions of the air cargo shipping industry, given the ICAO 
framework of physical security, personnel security, chain of custody, 
employee training, and oversight and compliance described above.
    2. Please comment on any existing security procedures, for example, 
quality controls, theft prevention measures, or employee training 
programs in place in the warehousing, shipping, and other ground-based 
portions of the air cargo shipping industry that could be adapted to 
meet any of the areas of the ICAO security control framework in a cost 
effective manner. Please also explain how these procedures could be 
adapted, and how TSA could assess and approve them.
    3. Please also comment on any additional security procedures, 
investments, or other actions that would be required for your business 
to establish a system of security controls that would meet the ICAO 
security control framework described above. Of those additional 
procedures, please comment on which procedures would be most expensive 
and least expensive to implement and maintain, and please explain why.
    4. Please comment on whether warehouses, e-commerce fulfillment 
centers, third-party logistics providers, or other owners or operators 
of facilities that process cargo for air transport have an economic 
incentive to seek TSA recognition of their security controls, rather 
than pay the costs associated with 100 percent screening of their air 
cargo shipments by another party.
    5. Assuming that TSA develops an air cargo regulatory program for 
manufacturers, warehouses, third-party logistics providers, or others 
consistent with the ICAO security framework described above, please 
comment on how the program could reduce costs, and how much the costs 
could be reduced.
    6. Assuming that TSA develops a regulatory or program framework for 
the secure warehousing, processing, packing, and tendering for shipment 
of air cargo consistent with the ICAO standard described above, please 
comment on the economic data, metrics, calculations, or procedures that 
TSA

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should consider when evaluating the costs and benefits of such a 
framework. Please also identify any relevant publicly available 
datasets or other information that may inform TSA's decisions.
    7. Assuming that TSA implements a new regulatory or standard 
security program consistent with the ICAO standard described above, 
please comment on the likely operational implications of such a program 
for your business practices, including but not limited to any future 
audits, control standards, account databases, or training requirements 
that may be required. Please also comment on any potential solutions 
TSA should consider.
    8. Please comment on any new technologies in use or under 
development that may be relevant to the future secure transport of air 
cargo, and how those technologies could be used to establish an air 
cargo security framework consistent with the ICAO standards for 
security controls described above.
    9. Please comment on whether an industry day or other industry 
specific forum focused on the ICAO standard described above could be 
useful, and please comment on any specific agenda that should be 
addressed.

    Dated: March 30, 2020.
David P. Pekoske,
Administrator.
[FR Doc. 2020-06929 Filed 4-9-20; 8:45 am]
 BILLING CODE 9110-05-P