CBP to Issue ACAS Regulations in 3-4 Months, Agency Official Says
ATLANTA -- CBP will likely issue its final Air Cargo Advance Screening regulations in the next three to four months, said Manuel Garza, CBP’s director of manifest and conveyance security, at the East Coast Trade Symposium on Dec. 5. The secretary of Homeland Security will sign off on the rule in the next week, sending it to the Office of Management and Budget, which has given CBP a three- to four-month “window” for conducting its regulatory review, Garza said. CBP expects to publish the rule in the first or early second quarter of 2018, he said. CBP Acting Commissioner Kevin McAleenan has said CBP will issue the regulations as an interim rule, rather than as a proposed rule with a normal notice-and-comment process (see 1710180049).
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Once the new regulations take effect, CBP will give the air cargo industry a yearlong “phased” implementation period to bring on the 20 percent that are not currently participating in the ongoing ACAS pilot program, Garza said. There will be “no surprises” with data elements consistent with what CBP has required in the pilot, he said. The only thing that has changed is CBP will allow for optional data elements such as phone numbers and email addresses. The responsible party for ACAS will be the filer, which may include the carrier, forwarder or “any party able to provide” the information, but CBP expects the carrier will file and be the responsible party 95% of the time.