Transportation Law

100% of all air cargo on passengers flights will be screened beginning August 3, 2010 TSA’s certified cargo screening program to the rescue.
According to the 9/11 Commission Act of 2007, 100% of all cargo shipped on airline passenger planes must be screened for dangerous material effective August 3, 2010. In 2009 the law required 50% of all air cargo shipped on domestic passenger planes to be screened. On May 1, 2010 the required screening increased to 75%. There was a decrease of more than 35% in the volume of air cargo shipped in 2009 compared to the volume in 2008. Currently shippers are experiencing only minimum delays using 100% of the screening facilities’ capabilities to examine the present flow of air cargo.

However, the shipping volume in 2010 is expected to be substantially more than even the high volume in 2008. Although much of the industry is preparing for the increased screening requirements, on August 3, 2010 there could instantaneous extensions in shipping time to accommodate the greatly increased screening requirement. This portends two unavoidable problems, first, there will be significant days added to delivery schedules and second, the amount of damaged cargo will substantially increase as a result of the swell of unpacking for inspections.

To help alleviate this situation, the Transportation Safety Administration, “TSA”, has implemented the recommendations of the 9/11 Commission to provide additional screening facilities, which includes facilities that are not in air terminals. This presents a new opportunity for customer service and income along with the boost in air safety. The TSA’s new program is called the Certified Cargo Screening Program, “CCSP”. Under the CCSP the TSA will certify new facilities to screen and inspect cargo so that cargo will not be delayed by terminal screening and will not have to be unpacked at terminals for inspection. In fact, by using pre-terminal certified inspection facilities, the shipping time may be shortened over the present schedule.

Business opportunities arise from the fact that four groups of pre-terminal inspection facilities can now be certified to do the screening so that cargo can pass onto aircraft without terminal inspections. The four groups are: shippers (IACF), air carriers, freight forwarders, and independent cargo screening facilities (ICSF). Air carrier terminal facilities will continue to be major screeners.

If you have clients in the transportation business, they who may be interested in establishing their own CCSP certified screening facility within their company, starting a new enterprise or teaming up with another business and charging for certified inspection services to expedite shipping and decrease the likelihood of cargo damage. TSA will certify your facility for three year periods. There is no fee for becoming certified. Only domestic sites can be certified which includes US Territories. TSA will publish the names of certified screening facilities on its website. TSA’s web site already includes a list of approved screening equipment that may be used as an alternative to manual inspections.

To become a certified inspection facility they may contact ccsp@dhs.gov or www.tsa.gov/ccsp for an application. After the application and supporting materials are submitted, TSA will conduct an inspection and assessment and certify the facility upon approval. For more program information contact www.tsa.gov/ccsp. For information about the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 known as the “Safety Act” go to www.safetyact.gov.

Therefore, it is advisable to warn your manufacturing and transportation clients that due to the substantial increase in screening to get to 100% inspections starting August 3, 2010, that: (1) shipping times may experience substantial extensions that cannot be estimated with accuracy (2) that there will be a greater risk of transportation damage if cargo is not pre-inspected and certified before arriving at one of the inspection terminals and (3) there will be charges added for screening after August 3, 2010 by TSA-Approved Validation Firms.