[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47812-47813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17366]


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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, 2016. 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, 2017. 
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\ announcing that 
CBP is formalizing and expanding the ACAS pilot to include other 
eligible participants in the air cargo environment. The notice provides 
a description of the ACAS pilot, sets forth eligibility requirements 
for participation, and invites 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.
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    \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].
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    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 is considering 
possible amendments to the regulations regarding advance information 
for air cargo. 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 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

[[Page 47813]]

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. Finally, 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.
    Each extension of the pilot period and reopening of the application 
period has 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 will not be accepted.
    CBP intends to issue a notice of proposed rulemaking to incorporate 
ACAS as an ongoing regulatory program taking into account the results 
of the pilot and has begun work on that process. CBP would like the 
pilot to continue during the rulemaking process. This will provide 
continuity in the flow of advance air cargo security information and 
serve as a stop-gap measure to address the vulnerability of the air 
cargo supply chain identified by the October 2010 Yemen cargo plot. CBP 
would also like to provide pilot participants with the additional 
opportunity to adjust and test business procedures and operations in 
preparation for the forthcoming rulemaking.
    For these reasons, CBP is extending the ACAS pilot period through 
July 26, 2017.

    Dated: July 19, 2016.
Todd C. Owen,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2016-17366 Filed 7-21-16; 8:45 am]
 BILLING CODE 9111-14-P