FHWA Talking Freight Seminar:Security and the Trucking Industry

October 19, 2005

Initiatives in Trucking Security

• Pro-Active Security Initiatives: – Anti-Terrorism Action Plan – Highway Watch Program

• Reactive Initiatives:– Background Checks– Hazmat– Cross-Border – Bioterrorism Act – Maritime & Air Cargo Security

ATAP and Highway Watch• Objectives

–No Truck Used As A Weapon–Protect Our Infrastructure

• America’s Trucking Army–525,000 Trucking Companies–Over 3 Million Professional Truck Drivers

• New Partnership With Government: Highway Watch –Call Center–Provide Significant Security Reports

• Truck ISAC– National Alerts, Warnings, Advisories– Commendations From DHS

Legislation• USA Patriot Act (107-56)• Maritime Transportation Security Act (107-295)• Aviation and Transportation Security Act (107-71)• Bioterrorism Act (107-188)• Homeland Security Act (107-296)

– Safe Explosives Act (107-296)• Border Security Act (107-173)• Trade Act (107-210)

USA PATRIOT Act • Patriot Act: Security threat assessments for drivers

transporting hazardous materials• TSA Regulation: CDL holders seeking a Hazmat

Endorsement undergo a fingerprint-based criminal history record checks

• List of disqualifying crimes• 2.7 million CDLs with HMEs• Impact on driver population: 20% reduction (TSA est.)• Dates: 01/31- new HMEs, 05/31- renewals and transfers• TSA implementing through States:

– 33 states + DC – Using TSA contractor– 17 states developing own collection system

HM-232 Final Rule

• Requires Security Plan by motor carrier:– Personnel Security, Facility Security, En-route

Security • Requires Security Training for drivers:

– Highway Watch complies with HM-232• FMCSA compliance visits verify:

– Content of plan– Implementation of security plan– Employee training– FMCSA inspector security checklist & citations

Free and Secure Trade (FAST) • FAST = Facilitate trade + secure supply chain• FAST – N. Border (12/02)

– C-TPAT/PIP cargo (importer)– Highway carrier agreement– FAST driver registration (Security Threat Assessment) ($50)

• FAST – S. Border (9/03)– C-TPAT cargo (importer & manufacturer)– Highway carrier agreement (even if N. border approved)– FAST driver registration– Seals: ISO/PSA 17712, Freight Containers-Mechanical

• Outstanding Issues:– CTPAT sector criteria – Development of FAST lanes– Validation process

Bio-Terrorism Act• Food and Drug Administration rule on pre-notification of

food shipment imports implemented December 12, 2003• Importing requirements:

– Importer, cargo and carrier information to FDA 2 hours prior to arrival.

• Registration requirements:– Registration provisions no longer include motor carrier

facilities• Recordkeeping requirements:

– Record keeping requirements: BOL will suffice

Air Cargo Rules

• Security Threat Assessments for unescorted access to secure areas

• Security plans for contractors, to include indirect air carriers:– Required if cargo moving cargo on airway bill– Validation and review of plan by shipper party

Maritime Transportation Security Act

• Security Requirements for Maritime Facilities• Requires development of the Transportation Worker

Identification Credential (TWIC) - TSA/Coast Guard • Development of a “Secure System of Transportation”• Strengthen C-TPAT Security

– CBP Supply Chain Specialists Validate C-TPAT • ISO Approved Security Seals• Mandates continued Communication with Industry

Other Security Issues

• DHS National Infrastructure Protection Plan– Transportation Sector Specific Plans (TSSP) – TSA/IP

• Tracking & Security Technologies• Real ID Act• Automated Commercial Environment -

International Trade Data System (ACE-ITDS)• Automated Trade Data Initiative (ATDI)• Domestic cargo information- FAS• Radio Frequency Identification Tags (RFID)

Conclusion• Industry recognizes September 11th effects• Must balance national security and economic security • Risk-based assessments essential• Closer cooperation among:

– Government agencies and industry: improve information and intelligence sharing

– U.S. government agencies: better sharing of information and database interconnectivity at all government levels; establish uniform background check process

– Int’l. Trading Partners: U.S. must develop better information/data exchange mechanisms for processing entry/exit of cargo and people with Canada, Mexico and other essential trade partners

Questions?Martin Rojas

American Trucking Associations 2200 Mill Road

Alexandria, VA 22314mrojas@trucking.org

www.truckline.org