TSA’S ANNOUNCES OPPORTUNITY TO BECOME A SECURED PACKING FACILITY IN THE AIR CARGO SUPPLY CHAIN

July 23, 2021

On June 8, 2021, the Transportation Security Administration (TSA) issued a notice in the Federal Register, available here, announcing its new Secured Packing Facility (SPF) program. This program provides an opportunity for manufacturers, shippers, suppliers, warehouses, vendors, e-commerce fulfillment centers, and third-party logistics providers in the air cargo supply chain to bypass originally TSA-required screenings for international requirements beginning June 30, 2021. In short, the SPF serves as an alternative framework that will permit all-cargo aircraft operators to accept cargo from “other entities” that demonstrate a system of government approved security controls sufficient to prevent the introduction of concealed explosives into the air cargo supply chain. Since all cargo transferred to 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 it will not bear the costs or delays associated with screening all international outbound cargo.

Interested entities must first register as an Indirect Air Carrier (IAC) and be approved as a holder of the Indirect Air Carrier Standard Security Program (IACSSP). Once approved as an IAC, entities can request to operate as an SPF by completing an SPF certification validation process, which includes, but is not limited to the following:

  1. Undergo an Onsite Facility Assessment performed by TSA;

  2. Provide additional Facility Management Information, such as the identity of the Primary Facility Security Coordinator, alternate contact information, results of the Security Threat Assessment (STA) and other supporting documentation; 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; and

  5. Provide a written plan of how the operator will implement the specific requirements of program and satisfy certain performance-based standards;

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Andrew P. Orr Photo Washington, D.C.

Andrew P. Orr

Member - Washington, D.C.

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