82_FR_34459 82 FR 34319 - Extension of the Air Cargo Advance Screening (ACAS) Pilot Program

82 FR 34319 - Extension of the Air Cargo Advance Screening (ACAS) Pilot Program

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 82, Issue 140 (July 24, 2017)

Page Range34319-34320
FR Document2017-15441

On October 24, 2012, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register that announced the formalization and expansion of the Air Cargo Advance Screening (ACAS) pilot program that would run for six months. CBP subsequently published several notices extending the pilot period and/or reopening the application period to new participants for limited periods. The most recent notice extended the pilot period through July 26, 2017. This document announces that CBP is extending the pilot period for an additional year. The ACAS pilot is a voluntary test in which participants submit a subset of required advance air cargo data to CBP at the earliest point practicable prior to loading of the cargo onto the aircraft destined to or transiting through the United States.

Federal Register, Volume 82 Issue 140 (Monday, July 24, 2017)
[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34319-34320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15441]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Extension of the Air Cargo Advance Screening (ACAS) Pilot Program

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: On October 24, 2012, U.S. Customs and Border Protection (CBP) 
published a notice in the Federal Register that announced the 
formalization and expansion of the Air Cargo Advance Screening (ACAS) 
pilot program that would run for six months. CBP subsequently published 
several notices extending the pilot period and/or reopening the 
application period to new participants for limited periods. The most 
recent notice extended the pilot period through July 26, 2017. This 
document announces that CBP is extending the pilot period for an 
additional year. The ACAS pilot is a voluntary test in which 
participants submit a subset of required advance air cargo data to CBP 
at the earliest point practicable prior to loading of the cargo onto 
the aircraft destined to or transiting through the United States.

DATES: CBP is extending the ACAS pilot program through July 26, 2018. 
Comments concerning any aspect of the announced test may be submitted 
at any time during the test period.

ADDRESSES: Written comments concerning program, policy, and technical 
issues may be submitted via email to [email protected]. In the subject 
line of the email, please use ``Comment on ACAS pilot''.

FOR FURTHER INFORMATION CONTACT: Craig Clark, Cargo and Conveyance 
Security, Office of Field Operations, U.S. Customs & Border Protection, 
via email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On October 24, 2012, CBP published a general notice in the Federal 
Register (77 FR 65006, corrected in 77 FR 65395\1\) that announced the 
formalization and expansion of the ACAS pilot. The notice provided a 
description of the ACAS pilot, set forth eligibility requirements for 
participation, and invited public comments on any aspect of the test. 
In brief, the ACAS pilot revises the time frame for pilot participants 
to transmit a subset of mandatory advance electronic information for 
air cargo. CBP regulations implementing the Trade Act of 2002 specify 
the required data elements and the time frame for submitting them to 
CBP. Pursuant to title 19, Code of Federal Regulations (19 CFR) 
122.48a, the required advance information for air cargo must be 
submitted no later than the time of departure of the aircraft for the 
United States (from specified locations) or four hours prior to arrival 
in the United States for all other locations.
---------------------------------------------------------------------------

    \1\ This Federal Register notice, published on October 26, 2012, 
corrected the email address under the ADDRESSES heading for 
submitting applications or comments. The correct email address is 
[email protected].
---------------------------------------------------------------------------

    The ACAS pilot is a voluntary test in which participants agree to 
submit a subset of the required 19 CFR 122.48a data elements (ACAS 
data) at the earliest point practicable prior to loading of the cargo 
onto the aircraft destined to or transiting through the United States. 
The ACAS data is used to target high-risk air cargo. CBP intends to 
amend the CBP regulations to incorporate ACAS as an ongoing regulatory 
program. The results of the ACAS pilot will help determine the relevant 
data elements, the time frame within which data must be submitted to 
permit CBP to effectively target, identify and mitigate any risk with 
the least practicable impact on trade operations, and any other related 
procedures and policies.

Extension of the ACAS Pilot Period

    The October 2012 notice announced that the ACAS pilot would run for 
six months. The notice provided that if CBP determined that the pilot 
period should be extended, CBP would publish another notice in the 
Federal Register. The October 2012 notice also stated that applications 
for new ACAS pilot participants would be accepted until November 23, 
2012. CBP subsequently published several notices extending the pilot 
period and/or reopening the application period to new participants for 
limited periods. On December 26, 2012, CBP published a notice in the 
Federal Register (77 FR 76064) reopening the application period for new 
participants until January 8, 2013. On January 3, 2013, the Federal 
Register published a correction (78 FR 315) stating that the correct 
date of the close of the reopened application period was

[[Page 34320]]

January 10, 2013. On April 23, 2013, CBP published a notice in the 
Federal Register (78 FR 23946) extending the ACAS pilot period through 
October 26, 2013, and reopening the application period through May 23, 
2013. On October 23, 2013, CBP published a notice in the Federal 
Register (78 FR 63237) extending the ACAS pilot period through July 26, 
2014, and reopening the application period through December 23, 2013. 
On July 28, 2014, CBP published a notice in the Federal Register (79 FR 
43766) extending the ACAS pilot period through July 26, 2015, and 
reopening the application period through September 26, 2014. On July 
27, 2015, CBP published a notice in the Federal Register (80 FR 44360) 
extending the ACAS pilot period through July 26, 2016, and reopening 
the application period through October 26, 2015. Finally, on July 22, 
2016, CBP published a notice in the Federal Register (81 FR 47812) 
extending the ACAS pilot period through July 26, 2017, without 
reopening the application period.
    Each extension of the pilot period and reopening of the application 
period allowed for a significant increase in the diversity and number 
of pilot participants. The current pilot participants now represent a 
strong sample size of the air cargo community and new pilot 
participants are not being accepted.
    To address air cargo security vulnerabilities, CBP intends to amend 
the CBP regulations to incorporate ACAS as an ongoing regulatory 
program. The regulation will take into account the results of the pilot 
and the concerns of industry. CBP would like the pilot to continue 
during the rulemaking process to provide continuity in the flow of 
advance air cargo security information and serve as a partial stop-gap 
security measure. CBP would also like to continue to provide pilot 
participants with the additional opportunity to adjust and test 
business procedures and operations in preparation for the forthcoming 
rule.
    For these reasons, CBP is extending the ACAS pilot period through 
July 26, 2018.

    Date: July 18, 2017.
Todd C. Owen,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2017-15441 Filed 7-21-17; 8:45 am]
 BILLING CODE 9111-14-P



                                                                                  Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices                                                      34319

                                                    OIRA posts its decisions on ICRs                         Dated: July 18, 2017.                               formalization and expansion of the
                                                  online at http://www.reginfo.gov/public/                 Marilyn Scott-Perez,                                  ACAS pilot. The notice provided a
                                                  do/PRAMain after the comment period                      Chief, U.S. Coast Guard, Office of Information        description of the ACAS pilot, set forth
                                                  for each ICR. An OMB Notice of Action                    Management.                                           eligibility requirements for
                                                  on each ICR will become available via                    [FR Doc. 2017–15400 Filed 7–21–17; 8:45 am]           participation, and invited public
                                                  a hyperlink in the OMB Control                           BILLING CODE 9110–04–P                                comments on any aspect of the test. In
                                                  Number: 1625–0086.                                                                                             brief, the ACAS pilot revises the time
                                                                                                                                                                 frame for pilot participants to transmit
                                                  Previous Request for Comments                            DEPARTMENT OF HOMELAND                                a subset of mandatory advance
                                                                                                           SECURITY                                              electronic information for air cargo. CBP
                                                    This request provides a 30-day                                                                               regulations implementing the Trade Act
                                                  comment period required by OIRA. The                     U.S. Customs and Border Protection                    of 2002 specify the required data
                                                  Coast Guard has published the 60-day                                                                           elements and the time frame for
                                                  notice (81 FR 85984, November 29,                        Extension of the Air Cargo Advance                    submitting them to CBP. Pursuant to
                                                  2016) required by 44 U.S.C. 3506(c)(2).                  Screening (ACAS) Pilot Program                        title 19, Code of Federal Regulations (19
                                                  That Notice elicited no comments.                                                                              CFR) 122.48a, the required advance
                                                                                                           AGENCY:  U.S. Customs and Border
                                                  Accordingly, no changes have been                        Protection, DHS.                                      information for air cargo must be
                                                  made to the Collections.                                                                                       submitted no later than the time of
                                                                                                           ACTION: General notice.
                                                                                                                                                                 departure of the aircraft for the United
                                                  Information Collection Request                                                                                 States (from specified locations) or four
                                                                                                           SUMMARY:   On October 24, 2012, U.S.
                                                     Title: Great Lakes Pilotage.                          Customs and Border Protection (CBP)                   hours prior to arrival in the United
                                                                                                           published a notice in the Federal                     States for all other locations.
                                                     OMB Control Number: 1625–0086.                                                                                 The ACAS pilot is a voluntary test in
                                                                                                           Register that announced the
                                                     Summary:The Office of Great Lakes                     formalization and expansion of the Air                which participants agree to submit a
                                                  Pilotage is seeking a revision of OMB’s                  Cargo Advance Screening (ACAS) pilot                  subset of the required 19 CFR 122.48a
                                                  current approval for Great Lakes                         program that would run for six months.                data elements (ACAS data) at the
                                                  Pilotage data collection requirements for                CBP subsequently published several                    earliest point practicable prior to
                                                  the three U.S. pilot associations it                     notices extending the pilot period and/               loading of the cargo onto the aircraft
                                                  regulate. This revision would require                    or reopening the application period to                destined to or transiting through the
                                                  continued submission of data to an                       new participants for limited periods.                 United States. The ACAS data is used to
                                                  electronic collection system. This                       The most recent notice extended the                   target high-risk air cargo. CBP intends to
                                                  system is identified as the Great Lakes                  pilot period through July 26, 2017. This              amend the CBP regulations to
                                                                                                           document announces that CBP is                        incorporate ACAS as an ongoing
                                                  Electronic Pilot Management System
                                                                                                           extending the pilot period for an                     regulatory program. The results of the
                                                  which will eventually replace the
                                                                                                           additional year. The ACAS pilot is a                  ACAS pilot will help determine the
                                                  manual paper submissions currently                                                                             relevant data elements, the time frame
                                                  used to collect data on bridge hours,                    voluntary test in which participants
                                                                                                           submit a subset of required advance air               within which data must be submitted to
                                                  vessel delay, vessel detention, vessel                                                                         permit CBP to effectively target, identify
                                                  cancellation, vessel movement, pilot                     cargo data to CBP at the earliest point
                                                                                                           practicable prior to loading of the cargo             and mitigate any risk with the least
                                                  travel, revenues, pilot availability, and                                                                      practicable impact on trade operations,
                                                  related data. This revision ensures the                  onto the aircraft destined to or transiting
                                                                                                           through the United States.                            and any other related procedures and
                                                  required data is available in a timely                                                                         policies.
                                                  manner and allows immediate                              DATES: CBP is extending the ACAS pilot
                                                  accessibility to data crucial from both an               program through July 26, 2018.                        Extension of the ACAS Pilot Period
                                                  operational and rate-making standpoint.                  Comments concerning any aspect of the                   The October 2012 notice announced
                                                                                                           announced test may be submitted at any                that the ACAS pilot would run for six
                                                     Need: To comply with the statutory                    time during the test period.                          months. The notice provided that if CBP
                                                  and regulatory requirements respecting
                                                                                                           ADDRESSES: Written comments                           determined that the pilot period should
                                                  the rate-making and oversight functions
                                                                                                           concerning program, policy, and                       be extended, CBP would publish
                                                  imposed upon the agency.                                 technical issues may be submitted via                 another notice in the Federal Register.
                                                     Forms: CG–4509, Application for                       email to CBPCCS@cbp.dhs.gov. In the                   The October 2012 notice also stated that
                                                  Registration as United States Registered                 subject line of the email, please use                 applications for new ACAS pilot
                                                  Pilot.                                                   ‘‘Comment on ACAS pilot’’.                            participants would be accepted until
                                                     Respondents: The three U.S. pilot                     FOR FURTHER INFORMATION CONTACT:                      November 23, 2012. CBP subsequently
                                                  associations regulated by the Office of                  Craig Clark, Cargo and Conveyance                     published several notices extending the
                                                  Great Lakes Pilotage and members of the                  Security, Office of Field Operations,                 pilot period and/or reopening the
                                                  public applying to become Great lakes                    U.S. Customs & Border Protection, via                 application period to new participants
                                                  Registered Pilots.                                       email at craig.clark@cbp.dhs.gov.                     for limited periods. On December 26,
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 2012, CBP published a notice in the
                                                     Frequency: Daily, Weekly, Monthly,                                                                          Federal Register (77 FR 76064)
                                                  Quarterly, Semi-annually, Annually, On                   Background                                            reopening the application period for
                                                  occasion; Frequency dictated by marine
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                                                                                                             On October 24, 2012, CBP published                  new participants until January 8, 2013.
                                                  traffic levels and association staffing.                 a general notice in the Federal Register              On January 3, 2013, the Federal Register
                                                     Hour Burden Estimate: The estimated                   (77 FR 65006, corrected in 77 FR                      published a correction (78 FR 315)
                                                  burden has increased from 18 hours to                    653951) that announced the                            stating that the correct date of the close
                                                  19 hours a year.                                                                                               of the reopened application period was
                                                                                                             1 This Federal Register notice, published on
                                                    Authority: The Paperwork Reduction Act                 October 26, 2012, corrected the email address under   or comments. The correct email address is
                                                  of 1995; 44 U.S.C. Chapter 35, as amended.               the ADDRESSES heading for submitting applications     CBPCCS@cbp.dhs.gov.



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                                                  34320                           Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices

                                                  January 10, 2013. On April 23, 2013,                     DEPARTMENT OF HOMELAND                                FOR FURTHER INFORMATION CONTACT:    Rick
                                                  CBP published a notice in the Federal                    SECURITY                                              Sacbibit, Chief, Engineering Services
                                                  Register (78 FR 23946) extending the                                                                           Branch, Federal Insurance and
                                                  ACAS pilot period through October 26,                    Federal Emergency Management                          Mitigation Administration, FEMA, 400
                                                  2013, and reopening the application                      Agency                                                C Street SW., Washington, DC 20472,
                                                  period through May 23, 2013. On                          [Docket ID FEMA–2017–0002; Internal                   (202) 646–7659, or (email)
                                                  October 23, 2013, CBP published a                        Agency Docket No. FEMA–B–1736]                        patrick.sacbibit@fema.dhs.gov; or visit
                                                  notice in the Federal Register (78 FR                                                                          the FEMA Map Information eXchange
                                                  63237) extending the ACAS pilot period                   Proposed Flood Hazard                                 (FMIX) online at
                                                  through July 26, 2014, and reopening                     Determinations                                        www.floodmaps.fema.gov/fhm/fmx_
                                                  the application period through                                                                                 main.html.
                                                                                                           AGENCY: Federal Emergency
                                                  December 23, 2013. On July 28, 2014,                     Management Agency, DHS.                               SUPPLEMENTARY INFORMATION:      FEMA
                                                  CBP published a notice in the Federal                                                                          proposes to make flood hazard
                                                                                                           ACTION: Notice.
                                                  Register (79 FR 43766) extending the                                                                           determinations for each community
                                                  ACAS pilot period through July 26,                       SUMMARY:   Comments are requested on                  listed below, in accordance with section
                                                  2015, and reopening the application                      proposed flood hazard determinations,                 110 of the Flood Disaster Protection Act
                                                  period through September 26, 2014. On                    which may include additions or                        of 1973, 42 U.S.C. 4104, and 44 CFR
                                                  July 27, 2015, CBP published a notice in                 modifications of any Base Flood                       67.4(a).
                                                  the Federal Register (80 FR 44360)                       Elevation (BFE), base flood depth,                       These proposed flood hazard
                                                                                                           Special Flood Hazard Area (SFHA)                      determinations, together with the
                                                  extending the ACAS pilot period
                                                                                                           boundary or zone designation, or                      floodplain management criteria required
                                                  through July 26, 2016, and reopening
                                                                                                           regulatory floodway on the Flood                      by 44 CFR 60.3, are the minimum that
                                                  the application period through October
                                                                                                           Insurance Rate Maps (FIRMs), and                      are required. They should not be
                                                  26, 2015. Finally, on July 22, 2016, CBP                                                                       construed to mean that the community
                                                  published a notice in the Federal                        where applicable, in the supporting
                                                                                                           Flood Insurance Study (FIS) reports for               must change any existing ordinances
                                                  Register (81 FR 47812) extending the                                                                           that are more stringent in their
                                                  ACAS pilot period through July 26,                       the communities listed in the table
                                                                                                           below. The purpose of this notice is to               floodplain management requirements.
                                                  2017, without reopening the application                                                                        The community may at any time enact
                                                                                                           seek general information and comment
                                                  period.                                                                                                        stricter requirements of its own or
                                                                                                           regarding the preliminary FIRM, and
                                                     Each extension of the pilot period and                where applicable, the FIS report that the             pursuant to policies established by other
                                                  reopening of the application period                      Federal Emergency Management Agency                   Federal, State, or regional entities.
                                                  allowed for a significant increase in the                (FEMA) has provided to the affected                   These flood hazard determinations are
                                                  diversity and number of pilot                            communities. The FIRM and FIS report                  used to meet the floodplain
                                                  participants. The current pilot                          are the basis of the floodplain                       management requirements of the NFIP
                                                  participants now represent a strong                      management measures that the                          and also are used to calculate the
                                                  sample size of the air cargo community                   community is required either to adopt                 appropriate flood insurance premium
                                                  and new pilot participants are not being                 or to show evidence of having in effect               rates for new buildings built after the
                                                  accepted.                                                in order to qualify or remain qualified               FIRM and FIS report become effective.
                                                                                                           for participation in the National Flood                  The communities affected by the
                                                     To address air cargo security                                                                               flood hazard determinations are
                                                                                                           Insurance Program (NFIP). In addition,
                                                  vulnerabilities, CBP intends to amend                                                                          provided in the tables below. Any
                                                                                                           the FIRM and FIS report, once effective,
                                                  the CBP regulations to incorporate                                                                             request for reconsideration of the
                                                                                                           will be used by insurance agents and
                                                  ACAS as an ongoing regulatory                            others to calculate appropriate flood                 revised flood hazard information shown
                                                  program. The regulation will take into                   insurance premium rates for new                       on the Preliminary FIRM and FIS report
                                                  account the results of the pilot and the                 buildings and the contents of those                   that satisfies the data requirements
                                                  concerns of industry. CBP would like                     buildings.                                            outlined in 44 CFR 67.6(b) is considered
                                                  the pilot to continue during the                                                                               an appeal. Comments unrelated to the
                                                  rulemaking process to provide                            DATES:  Comments are to be submitted                  flood hazard determinations also will be
                                                  continuity in the flow of advance air                    on or before October 23, 2017.                        considered before the FIRM and FIS
                                                  cargo security information and serve as                  ADDRESSES: The Preliminary FIRM, and                  report become effective.
                                                  a partial stop-gap security measure. CBP                 where applicable, the FIS report for                     Use of a Scientific Resolution Panel
                                                  would also like to continue to provide                   each community are available for                      (SRP) is available to communities in
                                                  pilot participants with the additional                   inspection at both the online location                support of the appeal resolution
                                                  opportunity to adjust and test business                  and the respective Community Map                      process. SRPs are independent panels of
                                                                                                           Repository address listed in the tables               experts in hydrology, hydraulics, and
                                                  procedures and operations in
                                                                                                           below. Additionally, the current                      other pertinent sciences established to
                                                  preparation for the forthcoming rule.
                                                                                                           effective FIRM and FIS report for each                review conflicting scientific and
                                                     For these reasons, CBP is extending                   community are accessible online                       technical data and provide
                                                  the ACAS pilot period through July 26,                   through the FEMA Map Service Center                   recommendations for resolution. Use of
                                                  2018.                                                    at www.msc.fema.gov for comparison.                   the SRP only may be exercised after
                                                                                                              You may submit comments, identified                FEMA and local communities have been
mstockstill on DSK30JT082PROD with NOTICES




                                                    Date: July 18, 2017.
                                                  Todd C. Owen,
                                                                                                           by Docket No. FEMA–B–1736, to Rick                    engaged in a collaborative consultation
                                                                                                           Sacbibit, Chief, Engineering Services                 process for at least 60 days without a
                                                  Executive Assistant Commissioner, Office of              Branch, Federal Insurance and                         mutually acceptable resolution of an
                                                  Field Operations.
                                                                                                           Mitigation Administration, FEMA, 400                  appeal. Additional information
                                                  [FR Doc. 2017–15441 Filed 7–21–17; 8:45 am]              C Street SW., Washington, DC 20472,                   regarding the SRP process can be found
                                                  BILLING CODE 9111–14–P                                   (202) 646–7659, or (email)                            online at http://floodsrp.org/pdfs/srp_
                                                                                                           patrick.sacbibit@fema.dhs.gov.                        fact_sheet.pdf.


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Document Created: 2017-07-22 01:19:55
Document Modified: 2017-07-22 01:19:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGeneral notice.
DatesCBP is extending the ACAS pilot program through July 26, 2018. Comments concerning any aspect of the announced test may be submitted at any time during the test period.
ContactCraig Clark, Cargo and Conveyance Security, Office of Field Operations, U.S. Customs & Border Protection, via email at [email protected]
FR Citation82 FR 34319 

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