CBP Formalizes ACAS Pilot and Expansion, Outlines Plan for Rulemaking

CBP is formally announcing and expanding its Air Cargo Advance Screening (ACAS) pilot program to include a wider group of companies involved in the cargo business, the agency said in a Oct. 24 Federal Register notice. CBP will allow other express couriers, passenger carriers, all-cargo carriers, and freight forwarders to participate in pilot program. The pilot is now open to all organizations within the air cargo supply chain, though "participation is limited to those parties with sufficient information technology infrastructure and support." Comments on the pilot are due Nov. 24.

(ACAS allows CBP and TSA to receive advance security filing cargo data as a means to target cargo shipments inbound to the U.S. that may be high risk and require additional physical screening under the appropriate regulatory framework and protocols. CBP and TSA work together at the National Targeting Center (NTC) to facilitate cooperative targeting and identification of high-risk air cargo based on this ACAS data. )

The notice says "CBP is now formalizing and expanding the pilot to include other eligible participants in the air cargo environment, including other express couriers, passenger carriers, all-cargo carriers, and freight forwarders." CBP has said it expects to have enough ACAS data to evaluate what regulatory changes for U.S. air cargo security procedures and plans on drafting a proposed rulemaking by March.

The pilot will run for at least six months and when sufficient pilot analysis and evaluation has been conducted, CBP intends to begin rulemaking to require the submission of ACAS data, said CBP. The results of the ACAS pilot will "help determine the relevant data elements, the time frame within which data should be submitted to permit CBP to effectively target, identify and mitigate any risk with the least impact practicable on trade operations, and any other related procedures and policies."

(See ITT's Online Archives 12040309 for summary of CBP's strategic plan for the ACAS pilot.)

ACAS Data Required

Under ACAS, pilot participants must provide to CBP the six pieces of data "at the earliest point practicable before the cargo is loaded onto the aircraft destined to or transiting through the United States." ACAS data consists of:

• 1) Air waybill number
• 2) Total quantity based on the smallest external packing unit
• 3) Total weight
• 4) Cargo description
• 5) Shipper name and address
• 6) Consignee name and address

Filing Options

CBP allow for three filing options.

• Air Carrier Dual Filing -- The air carrier transmits the ACAS data prior to loading and performs any required TSA screening. The air carrier must subsequently transmit the advance electronic cargo information.
• Progressive Filing -- The party electing to file the ACAS data transmits the House Air Waybill ACAS data, in addition to the associated master air waybill number, directly to CBP as early as possible in the supply chain. The air carrier may also opt to send house, master, or simple bill data messages for the same shipment. The response message from CBP would reflect the current status of the shipment. The air carrier can also send ACAS data for the same shipment. If any requisite TSA screening is not or cannot be conducted by the freight forwarder, it is expected that the air carrier will perform the required TSA screening. The air carrier must subsequently transmit the advance electronic cargo information.
• Single Filing -- The air carrier or eligible participant transmits all of the advance electronic cargo information as prior to loading the cargo, and performs any required TSA screening. This transmission prior to loading will be used by CBP as the submission of both the ACAS data and the advance electronic cargo
• information.

Pilot Requirements

ACAS pilot participants will need to establish operational security protocols that correspond to CBP hold messages that require the participant to take responsive action and respond to CBP confirming that a requested action was taken; respond promptly with complete and accurate information when contacted by the NTC with questions regarding the data submitted; and follow any Do Not Load instructions.

Airforwarders Supportive

The Airfowarders Association (AfA) said it was pleased with the notice. "The attempted bombings of cargo aircraft from packages received in Yemen points to the need for cargo screening to go beyond physical inspection of the box itself," said AfA Executive Director Brandon Fried in an email. "Knowing the sender and other aspects of the shipment provides a more thorough analysis to assess risk and determine appropriate screening procedures. However, the air cargo supply chain is comprised of several modes with specific communication challenges unique to each one. We are therefore excited that CBP is now formalizing and expanding the pilot to include other eligible participants in the air cargo environment, including other express couriers, passenger carriers, all-cargo carriers, and freight forwarders."