[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60883-60885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25894]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration


Opening of Registration for Certified Cargo Screening Facilities-
Canine

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice.

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SUMMARY: The Transportation Security Administration (TSA) is announcing 
the opportunity for explosives detection canine teams and canine team 
providers to become a registered Certified Cargo Screening Facility-
Canine (CCSF-K9) under TSA's Certified Cargo Screening Program (CCSP). 
This notice provides information necessary for qualified, interested 
persons to initiate the registration process.

DATES: Applicable November 27, 2018.

ADDRESSES: Interested persons can contact 
[email protected] to obtain a copy of the information 
discussed in this notice.

FOR FURTHER INFORMATION CONTACT: Michael P. Daniel, Section Chief, 
Cargo Risk Reduction, Compliance Division, Security Operations, TSA. 
Mr. Daniel can be reached at (571) 227-2228, or by email to 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory Authority

    The Implementing Recommendations of the 9/11 Commission Act of 2007 
(Pub. L. 110-53, 121 Stat. 266, Aug. 3, 2007) (9/11 Act) mandated the 
Department of Homeland Security (DHS) to require 100 percent screening 
of air cargo transported on passenger aircraft at a level commensurate 
with requirements for screening of checked baggage.\1\ In defining 
``screening,'' the statute specifically includes the use of 
``explosives detection canine teams

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certified by [TSA].'' \2\ Section 1941 of the TSA Modernization Act of 
2018 directs TSA to develop and issue standards for the use of third-
party canine teams for the primary screening of air cargo.\3\
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    \1\ See 9/11 Act sec. 1602, codified at 49 U.S.C. 4490l(g).
    \2\ Id. at sec. 4490l(g)(5). See also 49 CFR 1544.205(g)(2).
    \3\ See Division K of the FAA Reauthorization Act of 2018, 
Public Law 115-254 (132 Stat. 3186, Oct. 5, 2018) (TSA Modernization 
Act).
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B. Third-Party Canine-Cargo Program

    TSA's Third-Party Canine-Cargo (3PK9-C) program, which fulfills the 
requirements in sec. 1941 of the TSA Modernization Act, provides an 
effective and efficient method for screening cargo consistent with 
TSA's authority under 49 U.S.C. 44901. There are three primary non-
governmental participants in TSA's 3PK9-C Program: (1) 3PK9-C 
Certifiers, authorized through an Order issued by TSA to certify canine 
teams as meeting TSA's certification standards; \4\ (2) regulated 
entities with an approved amendment to their security program required 
by 49 CFR parts 1544, 1546, or 1549 permitting use of certified canine 
teams to screen air cargo; and (3) canine team providers (could also 
include an independent canine team) authorized to screen cargo 
consistent with security program requirements issued under the CCSP, 
discussed in more detail below. Participation in any part of the 3PK9-C 
program is voluntary, but any certifier, regulated entity, or provider 
that chooses to participate in the program must comply with all 
requirements in the applicable documents.
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    \4\ See Notice, Opening of Application Period for Third-Party 
Canine-Cargo Certifiers, 83 FR 23287 (May 18, 2018); Notice, 
Announcement of Approved Third-Party Canine-Cargo Certifiers, and 
Start of Certification Events, 83 FR 55558 (Nov. 6, 2018).
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C. Certified Cargo Screening Facility-Canine (CCSF-K9)

    TSA issued the CCSP regulation in 2009 to provide an approved 
method for regulated entities to screen 100 percent of all cargo to be 
transported on passenger aircraft. The program established a new 
regulatory framework that allowed a third-party to screen cargo to TSA 
standards, relieving the air carrier of the space, time, and cost 
pressures associated with screening cargo using technical means on 
airport grounds.\5\ The CCSF-K9 is a natural evolution of the CCSP 
program, as it provides another approved method for third parties to 
screen cargo to TSA standards at minimal cost, and at the most 
efficient time and place. Any cargo screening program that is compliant 
with the CCSP regulation meets all TSA screening standards required to 
transport cargo aboard passenger aircraft or any other aircraft, 
including all-cargo aircraft.
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    \5\ See Air Cargo Screening, interim final rule (IFR), 74 FR 
47704 (Sept. 16, 2009), codified at 49 CFR part 1549.
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II. How To Become a Registered CCSF-K9

    To operate as a CCSF-K9, a canine provider must register with the 
CCSP and be approved as a holder of the Certified Cargo Security 
Program-Canine, issued under 49 CFR part 1549. For the purposes of this 
notice, the term ``CCSF-K9'' refers to the registered-holder of this 
security program. The security program includes both the requirements 
to become a CCSF-K9 and the operational requirements for screening air 
cargo. Under the framework for the 3PK9-C Program, a CCSF-K9 must seek 
certification of its canine teams by a 3PK9-C Certifier. Any contracts 
under which the CCSF-K9 will provide Certified 3PK9-C Teams, must be 
identified in the CCSF-K9's Operational Implementation Plan (OIP), 
including locations where screening will be conducted. The OIP must be 
submitted as part of the canine provider's application and updated 
throughout the CCSF-K9s participation in the 3PK9-C program. The 
regulated entity must also have a TSA-approved or accepted amendment to 
its required security program that allows use of a CCSF-K9 to screen 
air cargo, defines the process for transferring cargo to and from the 
CCSF-K9, establishes requirements for the regulated entity to conduct 
alarm resolution using a screening method approved by TSA, and requires 
recordkeeping of certain program documents.
    This notice is being published to ensure all interested persons are 
aware of the opportunity to become CCSF-K9s. To initiate the 
registration process, canine team providers must submit an initial 
email indicating their interest to be a CCSF-K9 to the email address 
identified above under ADDRESSES. TSA will respond with additional 
information regarding the application requirements, including the 
required procedures to obtain access to Sensitive Security Information 
(SSI) pursuant to 49 CFR part 1520. Once access to SSI is permitted, 
the provider will receive a copy of the standard security program for 
CCSF-K9s, which includes the requirements for participation in the 
3PK9-C Program. As stated in 49 CFR part 1549, all canine team 
providers must provide the information required by TSA and undergo an 
onsite corporate assessment performed by TSA.\6\ TSA will use this 
information to evaluate the provider's qualifications and readiness to 
participate in the 3PK9-C Program.
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    \6\ See 49 CFR 1549.7.
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    All interested canine team providers must submit the following 
information before receiving any additional documentation from TSA 
regarding and CCSF-K9 and application:
     Corporate profile information to TSA, including 
information on the company's corporate affiliation, corporate physical 
location, canine field locations, and information on canine team 
certifications.
     SSI acknowledgement, training, and non-disclosure 
agreement.
     Letter of intent and affidavit signed by relevant 
principal(s).
     Legal documentation describing the corporation, ID 
verification, and work authorization for specific individuals.
    Once approved by TSA, the CCSF-K9 must comply with statutory and 
regulatory requirements for the screening of air cargo intended for 
transport on aircraft operated pursuant to a TSA-approved or accepted 
security program under 49 CFR parts 1544 or 1546, or a facilities-based 
CCSF operating pursuant to a TSA-approved security program under 49 CFR 
part 1549. The CCSF-K9 must also ensure that all employees and 
authorized representatives who have duties and responsibilities for any 
requirement in the security program successfully complete TSA's 
requirements for a Security Threat Assessments (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.
    Unless otherwise approved by TSA, the provider must apply for a 
security program and certification to operate as a CCSF-K9 no less than 
90 days before commencing operations.\7\ Completed applications should 
be submitted to TSA at the addressed identified above under ADDRESSES. 
The CCSF-K9 may commence operations under the security program after 
its receives written approval from TSA that all TSA's requirements are 
met, including but not limited to an assessment by TSA, successful 
completion of required training, approval of the OIP, and satisfactory 
adjudication of an STA as required by the security program. Initial 
approval of a CCSF-K9's registration is effective for 18 months from 
the date of issuance.
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    \7\ Id. 1549.7(a)(1).


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    Dated: November 21, 2018.
Darby LaJoye,
Executive Assistant Administrator, Security Operations.
[FR Doc. 2018-25894 Filed 11-26-18; 8:45 am]
 BILLING CODE 9110-05-P