Trade Groups Request Tweaks to ACAS Rules

CBP shouldn't require Air Cargo Advance Screening filings for each cargo loading for flights to the U.S., the Express Association of America and Cargo Airline Association said in joint comments filed in response to the ACAS interim rule that took effect in June (see 1806110043). The groups said CBP should remove a footnote that requires ACAS data filings "for the cargo loaded on each leg of the flight prior to loading of that cargo." Comments are due Aug. 13.

The ACAS data "should be required for all shipments prior to departure from the last port of departure, but not for interim departures, prior to the last port," the EAA and CAA said. That requirement was not part of the pilot program and "would involve a significant IT investment, both by CBP and the private sector, and neither currently has the capability to send or receive such data," the associations said. CBP should also incorporate information sharing with the private sector, the groups said. "In the beginning of the pilot, additional air cargo industry members received security clearances for the purpose of such sharing, a practice which we feel has been underutilized during the pilot. As a regulated program, ACAS could be improved by establishing a routine program for sharing intelligence on threat streams and other relevant issues with the air cargo industry."

The EAA and CAA also took issue with possible changes for how and when ACAS data must be updated if information changes. During the pilot, the companies provided updated data through manifest submissions without a problem, they said. "Updating the ACAS information on a constant basis has not been tested in the pilot" and "we recommend CBP use the one-year implementation period to conduct a comparison of ACAS and manifest data to determine if significant variations actually exist." CBP should also hold off on enforcement of parts of the interim final rule that weren't part of the pilot "until further clarification is provided," the associations said.

The National Customs Brokers & Forwarders Association of America and the Airforwarders Association also requested some changes in their joint filing. Bonding requirements for forwarders might discourage forwarder involvement in the program, the groups said. "While the very large forwarders may consider this the cost of doing business, the vast majority of the forwarding community are small and medium-size businesses. They have limited budgets and capacity for meeting expansive regulation." There also are concerns with the additional time required for ACAS filing and screenings, the NCBFAA and AfA said. "While we have heard that 90 seconds is a reasonable expectation, delays impact the movement of cargo," they said.

The NCBFAA and AfA also asked for more clarity in the required timing of ACAS filing. The phrase "prior to loading" should mean "prior to the completion of the loading process," the groups said. CBP should also give further information on the interim rule's mention of "restraint" in terms of the agency's enforcement of ACAS rules. "Greater definition must be given the term restraint, perhaps through some comparisons to CBP’s recent history of moderating its enforcement of new programs," they said. "We believe however that egregious, flagrant and knowing violations should not apply to this grace period."

Another area deserving of CBP attention is the issue of "co-loading," Michael Ford, chief compliance officer at BDP International, said in comments. Co-loading is the practice of consolidating shipments across multiple companies on the same transportation vehicles, he said. "BDP encourages CBP to review and understand these types of consolidations to create a communication process [through] which air carriers, consolidators and CBP are aware that all house air waybill (hawb) information has been filed as per manifest filing requirements."