[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 <a href="/cdn-cgi/l/email-protection#34465b5a5b4d1a425546535c514751744047551a505c471a535b42"><span class="__cf_email__" data-cfemail="d2a0bdbcbdabfca4b3a0b5bab7a1b792a6a1b3fcb6baa1fcb5bda4">[email protected]</span></a>.

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:
    <bullet> 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.
    <bullet> SSI-acknowledgement, training, and non-disclosure 
agreement.
    <bullet> Letter of intent and affidavit signed by relevant 
principal(s).
    <bullet> 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


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