Amid overwhelming criticism from within and outside the industry, most notably from the EU and global shipping, reports say many in the US Congress are now realizing that the measure to impose scanning requirements on foreign ports may be a 'mistake'.
Reports say that there is now a possibility for the regulations to be 'reversed', although such a scenario would not happen anytime soon.
Republican Senator Susan Collins of Maine has been quoted saying that many of the proponents of the 9/11 Implementation Act now understand that the 100% scanning mandate is unworkable and they would be willing to repeal it.
US political sources however have said that it is unlikely for such a vote to come before next November's elections due to 'political reasons'.
According to one source, “getting Congress to change laws is hard”, while there is a rising sentiment that US intentions such as the scanning measures are 'schizophrenic'.
“I cannot understand how a country that denied terminal ownership to a foreign company like DP World on security grounds now wants foreign companies – including DP World – to scan US-bound cargoes,” said the source.
Senator Collins, a ranking member of the Senate Homeland Security Committee has indicated that maritime security could be better achieved through co-operation between the industry and government than by government edicts.
Known as the 9/11 Commission Recommendations Act, the bill proposing sweeping changes to security regulations was approved by Congress on July 27 and was signed into law by Bush on August 3.
Congressional Democrats have been lauding the bill's passage, but provisions affecting freight and cargo have prompted much criticism from both within and outside the shipping industry amid fears that the law may dramatically impede the flow of commerce.
The most controversial aspect of the bill is a mandated 100% scanning of all maritime cargo containers entering the US for nuclear devices by 2012.
The measure requires US-bound containers to be screened at foreign ports using “non-intrusive imaging equipment and radiation detection equipment” before being loaded.
Reports say that X-ray and radiation monitors would most likely be employed to scan the containers, though it is ultimately up to the Homeland Security secretary to set the threshold for the type of equipment that is used.