The Transportation Security Administration (TSA) has restructured and reinforced its inspection authority over regulated businesses, including Indirect Air Carriers (IACs) and Certified Cargo Screening Facilities (CCSFs). Historically, TSA’s inspection authority depended on the operations involved. For example, the agency’s inspection authority over IACs, previously located at 49 C.F.R. § 1548.3, was somewhat narrower than its authority over CCSFs, previously located at 49 C.F.R. § 1549.3.

TSA has removed both regulations and replaced them with a new consolidated regulation, located at 49 C.F.R. § 1503.207, that more closely tracks the authority it previously held over CCSFs and makes clear that TSA may inspect all property, facilities, equipment, operations, and records necessary to carry out its transportation-security responsibilities. The new regulations further authorize TSA to conduct inspections without advance notice and without a subpoena.

While this change may not noticeably impact how TSA conducts inspections on a day-to-day basis, it does signal an expansion of the agency’s inspection authority, at least with respect to IACs. As always, the Scopelitis Air Cargo Team is available to assist IACs, CCSFs, and others regulated by TSA to navigate regulatory inspections and, if needed, the resulting enforcement cases.