Department of Homeland Security: Transportation Security Administration: Air Cargo Security Requirements
GAO-06-806R: Jun 8, 2006
- Full Report:
GAO reviewed the Department of Homeland Security, Transportation Security Administration's (TSA) new rule on air cargo security requirements. GAO found that (1) the final rule is designed to enhance and improve the security of air cargo transportation and requires airport operators, aircraft operators, foreign air carriers, and indirect air carriers to implement security measures in the air cargo supply chain as directed under the Aviation and Transportation Security Act; and (2) TSA complied with the applicable requirements in promulgating the rule.
Department of Homeland Security, Transportation Security Administration: Air Cargo Security Requirements, GAO-06-806R, June 8, 2006
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security, Transportation Security Administration (TSA), entitled Air Cargo Security Requirements (RIN: 1652-AA23). We received the rule on
The final rule is designed to enhance and improve the security of air cargo transportation. It requires airport operators, aircraft operators, foreign air carriers, and indirect air carriers to implement security measures in the air cargo supply chain as directed under the Aviation and Transportation Security Act.
Enclosed is our assessment of the TSA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that TSA complied with the applicable requirements.
If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210. The official responsible for GAO evaluation work relating to the subject matter of the rule is Norman Rabkin, Managing Director, Homeland Security and Justice. Mr. Rabkin can be reached at (202) 512-8777.
Kathleen E. Wannisky
Managing Associate General Counsel
ANALYSIS UNDER 5 U.S.C. sect. 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF HOMELAND SECURITY,
TRANSPORTATION SECURITY ADMINISTRATION
"AIR CARGO SECURITY REQUIREMENTS"
(i) Cost-benefit analysis
TSA conducted a cost-benefit analysis of the final rule. The cost impacts of the rulemaking are estimated to total approximately $2.0 billion undiscounted (discounted: $1.5 billion at 7 percent, $1.8 billion at 3 percent), over the period 2005-2014. Aircraft operators will incur costs totaling $1.9 billion, airport operators $10.9 million, and indirect air carriers $83.6 million. TSA anticipates the cost expenditures to administer the provisions of the rulemaking at $27.6 million over the 10-year analysis period.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
TSA has certified that the final rule will not have a significant economic impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
TSA states that the final rule contains a private sector mandate, as defined in title II, of more than $100 million in any one year. TSA has used the information contained in its regulatory analysis to fulfill the Act's requirement for a statement assessing the effects of the mandate.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
The final rule was issued using the notice and comment procedures found at 5 U.S.C. 553. On
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The final rule contains information collections that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. The total estimated annual burden for the collections is 59,607 hours.
Statutory authorization for the rule
The final rule is issued pursuant to the authority found in the Aviation and Transportation Security Act, Public Law 107-71.
Executive Order No. 12866
The final rule was reviewed by OMB and found to be an economically significant regulatory action under the order.
Executive Order No. 13132 (Federalism)
TSA states that the final rule does not have sufficient federalism implications to warrant the preparation of a federalism assessment.