TSA Proposes HazMat Background Check Fee Rules

On Wednesday, November 10, the Transportation Security Administration (TSA) issued a proposed rule and will soon issue an interim final rule implementing several aspects of the background check requirements for drivers with hazardous materials endorsements as required by the USA Patriot Act. 

The rules will require the states to indicate whether they will collect and transmit driver fingerprints or whether they will allow the designated TSA contractor to perform these functions.  The rules also propose the fees to be charged in connection with the background checks.  We expect these fees to be between $83 and $103 in states that select the TSA contractor to collect fingerprints. 

The fees assessed in states that perform the fingerprint collection function themselves likely will be higher, as the rule does not establish a ceiling on the state-based fingerprint collection fees.  ATA will be submitting written comments on the rules.  For additional information, ATA members may contact Rich Moskowitz at (703) 838-1910 or rmoskowitz@trucking.org

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American Shipper Shippers' NewsWire  11/12/04

U.S. container seal requirement may start with C-TPAT, official says

   The U.S. Department of Homeland Security continues to work on a regulation mandating importers use tamper-evident, mechanical seals for all incoming ocean containers, but may decide that trusted shippers in the Customs-Trade Partnership Against Terrorism program do so sooner as an interim step until they can properly promulgate a rule, a key cargo policy official said Tuesday.

   DHS officials said in September they intend to follow the recommendations of the industry-led Advisory Committee on Commercial Operations, which called on the government to demand the use of more secure seals at the point of stuffing to protect against terrorists and that ocean carriers certify that the seal has been properly placed on the container before loading on a vessel.

   Elaine Dezenski, deputy assistant secretary for border and transportation security at DHS, said in remarks to the Homeland Defense Journal Conference Tuesday that the department is considering quickly implementing the same requirement for shippers in the C-TPAT program as a temporary safeguard until a formal rulemaking is completed.

   "There is no seal that will prevent intrusion, but we want to be able to detect it if it happens and be able to interdict it, or factor the event into our risk assessment score so we have a better chance of catching a high-risk shipment," Dezenski said.

   Agencies generally go through a lengthy process that requires issuing notices and receiving comments from industry and other concerned parties before a final rule can be published in the Federal Register. Customs and Border Protection, which manages the C-TPAT program, can make immediate administrative changes to C-TPAT without a formal review process because C-TPAT is a voluntary partnership program.

   About 7,100 importers, carriers and transportation intermediaries have signed up to have their supply chain security plans certified by CBP in exchange for faster clearance of their shipments at the border. Many importers are requiring their suppliers and service providers to similarly correct security vulnerabilities in their operations.

   Meanwhile, real world testing of electronic seals and container security devices that combine sensors and wireless communication to immediately transmit an intrusion alert have not produced a silver bullet yet, Dezenski said. Operation Safe Commerce and other pilot programs have demonstrated that "there is a lot of technology available, but less than we thought was really ready for prime time," she said.

   Electronic seals continue to have an unacceptable alarm rate, said Dezenski, who was recently promoted from director of cargo and trade policy.

   "To use this technology in the field the alarm rate needs to be less than 1 percent, which means we are virtually cutting out the possibility of a false alarm. The reason the levels need to be so small is because we don't have the resources to interdict a container every time we have an alarm go off, particularly in a foreign arena.

   "If we are going to rely on electronic surveillance technology we need to make sure the integrity of the equipment is as robust as possible before its use is required," she said.

   She reiterated that the Science and Technology Directorate estimates it will take another three years before it can endorse a container security device for limited deployment and five years for universal deployment on the millions of containers in the system.

   At the same time, DHS continues to develop performance standards for container security devices to detect light, radiation, changes in weight and other indicators that a box has been compromised.

   When the standards and technology are ready the department will determine whether to provide incentives for their use, perhaps as a C-TPAT prerequisite, or issue a regulation mandating their use for the entire industry.

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American Shipper Shippers' NewsWire   11/10/04

TSA issues plan to tighten air cargo security

The U.S. Transportation Security Administration issued long-awaited proposals to strengthen air cargo security that include tighter rules for freight forwarders, airports, aircraft operators and foreign air carriers designed to prevent terrorists from using the planes as weapons against targets on the ground or from carrying explosives on a plane.

The proposed rules, more than a year in the making, include enhancements to the “known shipper” program for shipping freight on passenger aircraft. Frequent shippers who meet certain security requirements are allowed to ship goods on passenger aircraft. Carriers and freight forwarders are required to screen allowable shipments. The new rules are intended to make sure freight forwarders are following the security requirements and would extend the criminal history background check required of workers in secure airport areas to workers who handle cargo in warehouses outside the airport. Currently these workers are not screened, leaving the possibility that they could introduce weapons or explosives into a shipment.

Screening would also extend to pilots and other persons traveling on all-cargo aircraft to ensure they do not pose a threat.

The rules also would expand designated security zones in airports, and security requirements associated with them, to cover air cargo facilities.

"We want the air cargo environment to be treated just like the passenger environment in terms of security,"    said Elaine Dezenski, deputy assistant secretary for policy and planning for border and transportation at the Department of Homeland Security, at a conference Tuesday hosted by Homeland Defense Journal.

TSA also proposes to make all-cargo airlines adhere to stricter rules that cover major airlines. Currently all-cargo carriers operate under less restrictive security requirements that typically govern operators of much smaller aircraft.

TSA has opened a 60-day comment period on the proposal. Comments must be received by Jan. 10.

To read the entire notice of proposed rulemaking and how to submit comments go to: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-24883.htm .

For a PDF version go to http://www.access.gpo.gov/su_docs/fedreg/a041110c.html and scroll down to Transportation Security Administration under Homeland Security Department.

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American Shipper Shippers' NewsWire  11/19/04

Ridge: U.S. security depends on international cargo standards

   The United States cannot defeat terrorists without the cooperation of like-minded nations, but more work on common international technology standards and consistent screening procedures are necessary to increase the effectiveness of border security measures, U.S. Homeland Security Secretary Tom Ridge said.

The top domestic security official said nations need to come together on a cargo security protocol in the same way they adopted the International Ship and Port Facility Security Code through the International Maritime Organization to identify and close vulnerabilities at ports and on vessels. The United States is working with the World Customs Organization, the European Union and other bodies to get other countries to take terrorism seriously and adopt the kinds of principles and programs the United States

Ridge told the Asia-Pacific Homeland Security Summit that countries must also develop a set of international standards for capturing, analyzing, storing, reading and protecting biometric data in order to ensure interoperable access control systems and protecting privacy, according to a copy of his speech. Biometric data is a key component of the U.S.-VISIT passenger screening system, as well as a universal transportation worker identification card being developed by the Transportation Security Administration.

In an acknowledgement that some countries view the United States as pushing a unilateral security, as well as foreign policy agenda, Ridge stated, "The United States is particularly sensitive to the historical, constitutional and cultural differences among nations. We are mindful of concerns over issues of standards and civil liberties with respect to biometrics, biometric passports, border security, student visas and other changes."

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New C-TPAT proposal focuses on flexible security standards  CSCB
The following article is excerpted from the 22 November 2004 edition of “American Shipper”.

U.S. Customs and Border Protection has completed its second draft of revised security standards for importers participating in the Customs-Trade Partnership Against Terrorism trusted shipper program, and is circulating the proposed rules among customs compliance managers at 16 major corporations for feedback.

The new standards maintain C-TPAT as a voluntary program, but are more direct… in spelling out security measures that importers and their foreign suppliers are expected to take in exchange for reduced levels of inspection and eligibility for certain automated customs payment programs.

The new C-TPAT draft, obtained by Shippers NewsWire, move[s] away from characterizing the measures as "minimum standards"…., and instead says importers should apply various prescriptions as needed to correct security gaps based on an assessment of their risk….

“Importers shall have a documented and verifiable process for determining risk throughout their supply chains based on their business model," the draft said. Risk may vary for companies based on trade volumes, country of origin, transportation route and an assessment of the potential terrorist threat based on public documents and media reports.

The other primary change from the previous draft is that C-TPAT importers are required to obtain written documentation indicating whether or not their ocean carriers, terminal operators, brokers and consolidators with whom they contract for transportation service are C-TPAT certified themselves.

The draft standards cover requirements for selecting service providers, container security, physical access controls, personnel, document compliance, security training and information technology protections. As in the original version, importers are required to have procedures to make sure containers are packed without tampering followed by locking with a high-security mechanical seal and in-transit seal verification checks.

CBP officials asked members of the informal focus group to submit comments to the agency by Dec. 3, according to an e-mail accompanying the draft.