TSA Air Cargo Security: What Truckers Need to Know

The rules in brief

TSA requires 100 percent of cargo transported on passenger aircraft to be screened at a level commensurate with passenger checked baggage, a requirement that comes from the Implementing Recommendations of the 9/11 Commission Act (TSA). The rules sit in Title 49 of the Code of Federal Regulations, Chapter XII:

Much of the operational detail lives in security programs that TSA treats as Sensitive Security Information (SSI). Those are not public, so the forwarder or airline you work for will tell you the specific procedures your drivers must follow. What follows is what the public regulations require.

Indirect Air Carriers

An IAC is a person or entity in the United States, without an FAA air carrier operating certificate, that indirectly engages in air transportation of property using an air carrier's services (49 CFR 1540.5). Most air freight forwarders fall in this group.

Under Part 1548, an IAC:

• May not offer cargo to an airline operating under a full program unless it has and carries out a TSA-approved security program (1548.5).
• Must apply at least 90 days before starting operations. The current eCFR text says an approved program is effective for three years, with renewal due at least 30 days before the 36th month (1548.7). TSA's program page says approval takes about 90 to 120 days after a complete application.
• Must refuse to offer cargo for air transport if the shipper does not consent to a search or inspection (1548.9).
• Must train people with security duties before they perform them, with recurrent training at least annually (1548.11).
• Must run a known shipper program for cargo going on covered passenger flights, verify shippers, and keep known shipper cargo separate from unknown shipper cargo (1548.17).
• May screen cargo for passenger aircraft only if it is also a certified cargo screening facility under Part 1549 (1548.21).

Known shippers

Airlines, foreign air carriers and IACs run known shipper programs under their TSA-approved security programs. TSA says it identifies and approves known shipper status for qualified shippers through its Known Shipper Management System (KSMS), which allows them to ship cargo on passenger aircraft.

For a trucker, the practical point is that the forwarder's known shipper status for a customer is tied to that shipper. If a pickup location, shipper name or freight does not match what the forwarder expects, the forwarder may need to hold the freight or route it differently. Report any change you see at pickup.

The Certified Cargo Screening Program

Under Part 1549, TSA certifies facilities to screen cargo before it reaches the airline. TSA lists manufacturers, warehouses and indirect air carriers as eligible. The idea is to screen at the point where freight is built, then keep it secure all the way to the plane.

The key rules for anyone moving screened freight:

• Cargo must be screened under the facility's security program before it is tendered to another CCSF, an airline or an IAC (1549.101(b)).
• The facility must refuse cargo if the shipper does not consent to search or inspection (1549.101(c)).
• The facility must protect the cargo from unauthorized access from the time it is screened until it is tendered onward (1549.101(d)). TSA's summary: cargo must be secured from screening until it is placed on the passenger aircraft.
• Certification is for a specific US location, requires a TSA assessment, and lasts three years before renewal (1549.7).

TSA also runs a Third-Party Canine-Cargo program under CCSP, in which explosives detection dog teams certified by a non-government entity can screen cargo for regulated parties that have an approved program amendment.

Security threat assessments for drivers

This is the rule that most directly affects who can drive. Before performing covered functions, these people must successfully complete a TSA security threat assessment (STA):

• At an IAC (1548.15): individuals with unescorted access to cargo that will fly on passenger aircraft, or to cargo screened for passenger aircraft, and certain staff who handle or secure cargo. Individuals authorized to screen cargo are also covered.
• At a CCSF (1549.103, 1549.111): people who screen or supervise screening, people with unescorted access to cargo from screening until tender, the senior manager in control of the facility, and security coordinators.

If you run screened freight for a forwarder or CCSF as its agent, expect to be asked for STA information on each driver before they handle that freight. A driver who has not cleared cannot simply be swapped in on a busy day. Build that into how you staff the account.

What this means at the airline counter

Common mistakes

• Leaving screened freight in an unlocked van. Chain of custody is the whole point of off-airport screening. A fuel stop with the doors open can mean rescreening or refusal. Lock the vehicle and follow any seal procedure you are given.
• Putting an unvetted driver on the run. If the account requires STAs, only cleared drivers can handle that freight.
• Adding freight to a screened load. Do not mix other customers' freight with screened air cargo unless the forwarder tells you how.
• Assuming all-cargo means no rules. All-cargo operators have their own TSA programs, such as the Full All-Cargo Aircraft Operator Standard Security Program for larger aircraft.
• Ignoring hazmat. Security screening and hazmat acceptance are separate checks. See hazmat and lithium batteries by air.

For more on how air freight is billed and documented, see the air waybill guide and the air cargo overview. Securing freight physically is a separate subject covered in cargo securement.

Questions

Do I need to be an Indirect Air Carrier to haul freight to an airport?

Not to drive the truck. The IAC program applies to companies that arrange air transport and offer cargo to airlines. A carrier that only provides the truck leg for an IAC works under the IAC's program and procedures, which may require security threat assessments for drivers.

What is a TSA security threat assessment?

It is a TSA check of an individual that is required before certain people, such as those with unescorted access to cargo screened for passenger aircraft, perform their duties under 49 CFR 1548.15 and 1549.111.

Does all air cargo have to be screened?

TSA requires 100 percent of cargo on passenger aircraft to be screened. All-cargo operators follow their own TSA security programs.

Can a shipper refuse to let its freight be inspected?

It can, but then the cargo will not fly. IACs and CCSFs must refuse cargo when the shipper does not consent to search or inspection.

Who can become a Certified Cargo Screening Facility?

TSA lists manufacturers, warehouses and indirect air carriers among eligible facilities. Each location must be in the US, apply at least 90 days before operating, and pass a TSA assessment.