Securing a Common Airspace, Essay Example

International rules on cargo carrier safety

Enforcement of international rules on cargo carrier safety and security is defined by rule articulation laid forth by the Aviation Security Programme of the United Nations aviation division, International Civil Aviation Organization (ICAO). Implementation support and development of legislative policy as defined by the U.S. Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) is in adherence to ICAO rules and regulations, and follows stipulated protocol and voluntary recommendations of those enacted policies guidelines. As a signatory member to the Convention on International Civil Aviation, the United States participates in ICAO aviation security audits, and in coordination with other domestic bodies such as the U.S. Department of Homeland Security (DHS).

The scope of the ICAO aviation security audit has been determined by the degree of sustainability of States to comply with the establishment of appropriate legislation, national policies, and a security authority with toward provision of adequate inspection and enforcement capabilities to meet those rules. Assessment of the aviation security oversight capacity of each member nation is determined by actual security measures at targeted airports. The dual national and airport level approach to comprehensive audit sets the framework for domestic policy by national aviation authorities, and offers recommendation to toward enhancement of facets of State aviation security systems.

The U.S. Transportation Security Administration (TSA) is responsible for ensuring the security of all modes of transportation carrying cargo. This includes transfer of goods aboard airplanes and especially concerning those planes carrying passengers. Utilizing a HAZMAT endorsed threat assessment program, the TSA has built chemical risk assessment testing into security management protocol for mitigation of the most dangerous cargo matter with maximum explosive potential.  The HAZMAT protocol meets the requirements of the U.S. Patriot Act intended to protect against terrorist acts, and is part of a multi-layered scheme that includes a “high-tech, industry cooperative approach.” Strikes or surprise inspections constitute an important activity in TSA cargo security inspections, and covert testing, security directives and one hundred percent screening at over two hundred smaller airports (TSA).  All exemptions from screening of air cargo were removed for the first time in 2008. Mandatory screening extends to background checks on cargo employees, and the rules have been increased according to the DHS mandate for deployment of total security in all transport operations.

U.S. FAA rules regarding commercial carriers follow the TSA guidelines, as well as inform commercial carriers of conditions on all safety and security regulatory compliance. More recently, risk management has become linked to rules on carbon mitigation in response to the climate change regime and its impact on air and space law as a primary mover in international atmospheric policy, and attendant recommendations toward GHG emissions reductions. Although not of the same obligation as those rules pertaining to DHS cargo and passenger security compliance, concerns by the EU Emissions Trade and Securities (ETS) Commission have prompted a number of lawsuits between the EU and the US, based on rejection by US carriers of the ETS attempt to levy substantial airport tariffs.

In review of both national and international rules on aviation safety, and particularly in regard to new rules being considered under the ICAO, it is interesting to note that core focus o of the international body is solely for the purpose of ensuring that nation-states adhere to policy put into place to ensure a “safe, secure, efficient and environmentally responsible” aviation industry. The ICAO currently conducts a significant query on behalf of the industry to establish global standards for international emissions reductions toward fulfilling all potential forthcoming standards that might result from COP/15. Present ICAO determination of tax or levy to be “designed to raise national or local government revenues” and generally not to be applied to aviation (at least in their entirety or on a cost-specific basis) is a point of contention on either side of the Atlantic. With risk mitigation developments in other areas, such regulatory compliance standards in the aerospace manufacturing sector provided by oversight by the International Standards Organization (ISO), continuity in the existing, multi-level policy protocol may rapidly be eclipsed by more efficient models of regulatory action.

Works Cited

ICAO Aviation Security Programme. International Civil Aviation Organization, 2010. Web.

United States Federal Aviation Administration, 2010. Web.

United States Department of Homeland Security, 2010. Web.

United States Transportation Security Administration, 2010. Web.

U.S. PATRIOT Act. HR 3162 RDS 107th Congress 1st Session, H. R. 3162. U.S. Senate, 24 October, 2001. Washington D.C.: U.S. Senate.