Announcing Opportunity To Become a Secured Packing Facility
| Published date | 14 June 2021 |
| Citation | 86 FR 31512 |
| Record Number | 2021-12372 |
| Section | Notices |
| Court | Homeland Security Department,Transportation Security Administration |
Federal Register, Volume 86 Issue 112 (Monday, June 14, 2021)
[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31512-31514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12372]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2020-0001]
Announcing Opportunity To Become a Secured Packing Facility
AGENCY: Transportation Security Administration, Department of Homeland
Security (DHS).
ACTION: Notice.
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SUMMARY: The Transportation Security Administration (TSA) is announcing
the opportunity for manufacturers, shippers, suppliers, warehouses,
vendors, e-commerce fulfillment centers, and third-party logistics
providers in the air cargo supply chain to become a Secured Packing
Facility (SPF). SPFs must apply security controls to secure cargo that
moves through the supply chain destined for outbound international
locations onboard all-cargo aircraft subject to TSA regulatory
oversight. As a prerequisite to becoming an SPF, interested persons
must first become an Indirect Air Carrier (IAC) regulated by TSA and
agree to adopt the TSA's SPF Order. If these requirements are met,
cargo appropriately transferred to a TSA-regulated all-cargo aircraft
operator by an SPF would not need to be screened in order to meet
international requirements that take effect on June 30, 2021. This
notice is being published to ensure all interested persons are aware of
the opportunity to become an SPF.
DATES: TSA will accept applications from IACs to become an SPF
beginning at 12:01 a.m. (EDT) on June 14, 2021.
ADDRESSES: Interested persons can contact https://iac.tsa.dhs.gov/iac/contactUs.go to obtain a copy of the information contained in this
notice.
FOR FURTHER INFORMATION CONTACT: Ronoy Varghese, Transportation
Security Administration, 6595 Springfield Center Drive, Springfield, VA
20598; telephone (571) 227-3555; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. International Civil Aviation Organization (ICAO) Security Standards
TSA developed the SPF program to provide an option for the air
cargo industry to mitigate the cost of compliance with a TSA
requirement that takes effect on June 30, 2021. This requirement will
meet ICAO standards and recommended practices issued by ICAO under
Annex 17. Under the new standard, ICAO member states \1\ must ensure
that all international outbound 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) transported
under appropriate security controls throughout the cargo supply chain
to prevent the introduction of concealed explosive devices. A more
complete discussion of ICAO and these requirements can be found in the
Request for Information that TSA published in 2020.\2\
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\1\ ICAO was established under the Convention on International
Civil Aviation, also known as the Chicago Convention, as a
specialized agency of the United Nations Economic and Social
Council. 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.
\2\ See 85 FR 20234 (April 10, 2020).
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B. United States Requirements for Screening of Air Cargo
TSA is statutorily required to ensure the adequacy of security
measures for the transportation of air cargo.\3\ TSA developed the
Certified Cargo Screening Program to provide additional means of
compliance with the requirements for air cargo transported on passenger
aircraft.\4\ In addition, TSA developed the Third-Party Canine-Cargo
program as an effective and efficient means for screening cargo
transported on passenger or all-cargo aircraft. TSA also recognizes
Shipper Certified Cargo Screening Facilities (CCSFs.) Shipper CCSFs are
manufacturers who apply the security controls required for CCSFs at the
manufacturing and original packaging level, and then directly transfers
the cargo to an aircraft operator without the necessity of additional
screening. Currently, the medical and pharmaceutical manufacturers have
taken advantage of the Shipper CCSFs. Cargo tendered by a Shipper CCSF
may be transported on any commercial aircraft. Because of these
requirements and programs, TSA already complies with the ICAO
requirements as applied to cargo transported by aircraft operators and
foreign air carriers engaged in commercial passenger transportation and
has provided options available to support screening by all-cargo
operators.\5\
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\3\ See 49 U.S.C. 114(f)(10) and 44901(g).
\4\ See 49 CFR part 1549.
\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, such as 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.
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C. Indirect Air Carriers
TSA's regulations define an IAC as ``any person or entity within
the United States not in possession of [a Federal Aviation
Administration] air carrier operating certificate, that undertakes to
engage indirectly in air transportation of property, and that uses for
all or any part of such transportation the services of an air
carrier.'' \6\ TSA estimates that there are approximately 3,200
entities in the United States operating as IACs, ranging from sole
proprietors working out of their homes to large corporations.
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\6\ See 49 CFR 1540.5.
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Under 49 CFR 1548.5, each IAC must adopt and carry out a TSA-
approved security program. This program must be renewed each year.\7\
TSA Principal Security Inspectors (PSIs) are responsible for the
security program application process and for approval of IAC
certifications.
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\7\ See 49 CFR 1548.7(b).
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D. Secured Packing Facilities
Through this notice, TSA is announcing the opportunity for entities
within the air cargo supply chain to become SPFs. TSA developed the
concept of the SPF to provide an
[[Page 31513]]
alternative framework that would permit all-cargo aircraft operators to
accept cargo from ``other entities'' who demonstrate a system of
government approved security controls sufficient to prevent the
introduction of concealed explosives into the air cargo supply
chain.\8\ Because all cargo transferred to an all-cargo aircraft
operator or IAC by an SPF will have been subject to physical security
measures, the cargo can be accepted for transport without requiring
additional screening. The SPF benefits from this framework because they
will not bear the costs or delays associated with screening all
international outbound cargo. TSA is not imposing the SPF framework on
the supply chain, but providing the opportunity for entities within the
supply chain to choose to be regulated by TSA as an alternative to the
potential burden associated with the international requirement to
screen cargo that has not been otherwise subject to physical security
measures.
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\8\ See 85 FR at 20236.
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All persons interested in becoming an SPF must meet minimal
qualifications before TSA will issue the SPF Order. As a prerequisite
to becoming an SPF, all interested persons must first be recognized by
TSA as an IAC. Existing IACs may apply to become an SPF. Once approved
as an IAC, persons can request to operate as an SPF. Applicants must
submit a completed SPF-application, which requires a written plan of
how the SPF will implement the requirements in the SPF Order and
satisfy certain performance-based standards. If TSA determines an
applicant meets TSA's requirements, we will issue the SPF Order to the
applicant.\9\ Once the Order is accepted, the SPF is required to comply
with all requirements in the Order and subject to investigation and
enforcement for non-compliance.
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\9\ TSA is issuing the Order under the authority of 49 U.S.C.
40113 and 46105. The Administrator of TSA, with respect to security
duties and powers, has statutory authority to take action he
considers necessary to carry out his duties and responsibilities,
including issuing orders. See 49 U.S.C. 40113(a). Section 46105 also
authorizes the Administrator to issue orders that take effect within
a reasonable time set by the Administrator and to remain in effect
under the order's terms or until superseded. The Administrator may
determine the form of, and required notice for, amending or
suspending the order. The SPF Order will not be available to the
public as it contains security sensitive information (SSI) that
cannot be publicly disclosed under 49 CFR part 1520.
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II. How To Become a Registered Secured Packing Facility
To operate as an SPF, the interested persons must first register as
an IAC and be approved as a holder of the Indirect Air Carrier Standard
Security Program (IACSSP), issued under 49 CFR part 1548. The security
program includes both the requirements to become an IAC and the
operational requirements for accepting air cargo under TSA regulatory
oversight. Currently certified IACs interested in becoming an SPF may
immediately initiate the application process to become an SPR.
Persons interested in determining whether becoming an SPF meets
their operational and business needs should contact TSA via the email
address noted under ADDRESSES or by contacting the individual noted
under FOR FURTHER INFORMATION CONTACT. To initiate the application
process, interested persons must send an email indicating their
interest to become an SPF to the following website address: https://iac.tsa.dhs.gov/iac/contactUs.go. This information will be provided to
a PSI who will provide additional information regarding the application
requirements. As the SPF Order is SSI protected under 49 CFR part 1520,
information will also be provided on the required procedures to obtain
access to SSI. Once access to SSI is permitted, TSA will provide the
applicant a copy of the IAC Security Program, which includes detailed
requirements for becoming and operating as a regulated entity governed
by TSA. At a minimum, TSA requires interested persons to provide the
following information:
Corporate profile information to TSA, including
information on the company's corporate affiliation, corporate physical
location, physical station locations, and information on the IAC
approval and SPF certification.
SSI-acknowledgement, training, and non-disclosure
agreement.
Letter of intent and affidavit signed by relevant
principal(s).
Legal documentation describing the corporation, ID
verification, and work authorization for specific individuals.\10\
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\10\ For the Information Collection Request associated with this
information, see OMB Control No. 1652-0040 (Air Cargo Security
Requirements).
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TSA's regulations require persons interested in becoming an IAC to
apply for the IACSSP and certification to operate as an IAC no less
than 90 days before commencing operations. Completed applications
should be submitted to TSA at https://iac.tsa.dhs.gov/iac/. The IAC may
commence operations under the security program after written approval
from TSA that all TSA security requirements are met, including but not
limited to an assessment by TSA, and successful adjudication of a
Security Threat Assessment (STA) as required by the security program.
Initial approval of an IAC registration and certification is effective
for 12 months from the date of issuance.
IACs seeking to become an SPF must complete an SPF certification
validation process. All IACs applying to become an SPF must provide the
information required by TSA and undergo an onsite facility assessment
performed by TSA. TSA will use this information to evaluate the IAC's
qualifications and readiness to become an SPF. As part of the SPF
certification validation process, the PSI will require additional
information to ensure that the SPF applicant satisfactorily meets
facility validation requirements. TSA's request will include, but is
not limited to, the following:
(1) Facility Management information: Primary Facility Security
Coordinator and alternate contact information, STA and supporting
documentation.
(2) Physical Security Control: Review the proposed SPF facility
physical floor plan, such as access controls, secure cargo storage
areas, perimeter security and identification of the area within the
facility (whole facility, if applicable) where cargo is secured and
stored.
(3) Emergency plan and notification: Review the emergency and
notification plan to ensure that approved procedures are followed and
authorities notified at the time of an emergency.
(4) Chain of custody procedures: Evaluate the chain of custody
processes when handling and transporting secured packaged cargo to
prevent unauthorized access, deter the introduction of any unauthorized
explosives, incendiaries, and other destructive substances.
(5) A written plan of how the SPF will implement the requirements
of the SPF Order and satisfy certain performance based standards in the
Order.
Once approved by TSA, the IAC will be issued the SPF Order and must
comply with the regulatory requirements applicable to IACs and the SPF
Order. The SPF must also ensure that all employees and authorized
representatives who have duties and responsibilities for any
requirement in the Order successfully complete TSA's requirements for
an STA, which may include a fingerprint-based criminal history records
check, and are trained to ensure the effective performance of those
responsibilities, and are knowledgeable of their security
responsibilities.
[[Page 31514]]
Dated: June 8, 2021.
Thomas L. Bush,
Acting Executive Assistant Administrator, Operations Support.
[FR Doc. 2021-12372 Filed 6-9-21; 4:15 pm]
BILLING CODE 9110-05-P
