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Vol. 1 No. 10 Your Window On California's Global Economy February 5 , 2003

IN MEMORIAM

SS COLUMBIA
STS-107

RICHARD HUSBAND
KALPANA CHAWLA
MICHAEL ANDERSON
WILLIAM McCOOL
DAVID BROWN
ILAN RAMON
LAUREL CLARK

FEBRUARY 1, 2003


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GAO URGES NEW AIR CARGO SECURITY, HAZMAT PLANS 

 

WASHINGTON, DC � Congress� investigative agency has published a pair of back-to-back reports recommending the development of �comprehensive� air cargo security and hazardous materials plans to reduce the risk of terrorism and mishap for goods moving through the nation�s air freight terminals.

In a recently published report, the General Accounting Office (GAO) noted that the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) have already started implementing operational and technological measures addressing �serious� vulnerabilities in the security procedures of air carriers and freight forwarders.

However, without a comprehensive plan, the TSA and other federal agencies "cannot know whether resources are being deployed as effectively and efficiently as possible," the report said.

According to the GAO, air carriers currently transport billions of tons of cargo each year in both passenger planes and all-cargo planes with, typically, about one-half of the hull of each passenger aircraft is filled with so-called �belly cargo.�

As a result, any vulnerabilities in the air cargo security system potentially threaten the entire air transport system, the agency said.

Numerous government and industry studies have identified vulnerabilities in the air cargo system. These vulnerabilities occur in the security procedures of some air carriers and freight forwarders and in possible tampering with freight at various handoffs that occur from the point when cargo leaves a shipper to the point when it is loaded onto an aircraft, the agency said.

Any weaknesses in this program could create security risks, it stressed

The FAA or the TSA � which is responsible for ensuring air cargo security at airports throughout the US � has implemented a number of key recommendations and mandates to improve air cargo security made since 1990 by numerous government organizations.

For example, FAA and the air cargo industry developed security training guides for air carriers and ground personnel who handle air cargo.

However, a few recommendations by those groups, such as conducting research and operational tests of technology to screen cargo for explosives, are ongoing and, to this date, haven�t been completed by the TSA, or haven�t been implemented.

Federal reports, industry groups, and security experts have identified operational and technological measures that have the potential to improve air cargo security in the near-term. Examples of the measures include checking the identity of individuals making cargo deliveries, and implementing a computerized cargo profiling system.

In addition, long-term improvements, such as developing a comprehensive cargo-security plan, have been recommended by the above sources, but not implemented by the TSA. Each potential improvement measure, however, needs to be weighed against other issues, such as costs and the effects on the flow of cargo.

Without a comprehensive plan that incorporates a risk management approach and sets deadlines and performance targets, the GAO said, the TSA and other federal decision makers cannot know whether resources are being deployed as effectively and efficiently as possible in implementing measures to reduce the risk and mitigate the consequences of a terrorist attack.

In another report published the same day, the GAO recommended that the Department of Transportation (DOT) consider developing a legislative proposal to enhance the DOT's authority to inspect air shipments for undeclared dangerous goods and require the FAA to enhance enforcement of the existing rules on transportation of such goods.

When shipments of dangerous goods � dangerous chemical substances that could endanger public safety or the environment, such as flammable liquids or radioactive materials � are not properly packaged and labeled for air transport, they can pose significant threats because �there is little room for error when something goes wrong in flight,� the report said.

According to the GAO, little is known about the nature and frequency of undeclared shipments of dangerous goods.

While major carriers and the Postal Service believe such shipments are rare, their belief is based mainly on inspections of problem shipments, such as those that leak.

Statistically valid data are not available and would be difficult to obtain, the GAO said, not only because more inspections would entail costly delays for carriers but also because Constitutional protections limit the inspection authority of both the DOT and the US Postal Service.

The DOT is reportedly seeking greater authority to open potentially dangerous shipments for inspection, but its efforts are not limited to air transport and would not enable the Federal Aviation Administration (FAA) � an arm of the DOT � to obtain information
on the nature and frequency of undeclared air shipments.

A change in the law requiring that shippers consent to the opening of packages for inspection might be appropriate for air transport and would enable FAA to obtain such data, the GAO said.

The FAA could then identify the resources and actions needed to address the problem.

Federal regulations create a framework for transporting dangerous goods safely with both shippers and carriers obligated by law to prevent undeclared shipments.

Private industry does business primarily with �known shippers,� an advantage the Postal Service doesn�t have because it can only limit service to shippers by screening only undeclared packages that weigh more than 16 ounces.

The Postal Service and the FAA monitor and enforce compliance with federal regulations for transporting dangerous goods by air.

However, the USPS cannot fine violators and seldom takes criminal action, the report said.

Since most violations are inadvertent, the FAA's enforcement guidance calls for documenting the reasons for any changes in the fines its inspectors initially propose.
The GAO's review of enforcement case files indicates that the reasons for changes were not always documented. The FAA attributes some changes to the results of penalty negotiations.

Because FAA is not always following its guidance, it added, it cannot ensure that its fines are appropriate or consistent

The GAO concluded the report by recommending that the DOT improve its enforcement approach by �determining whether the unique characteristics of air transport warrant the development of a legislative proposal that would enhance DOT's authority to inspect packages shipped by air.�

The report also said the FAA should be required to �strengthen its policy on documenting the reasons for changes to the amounts of recommended fines.�

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