DHS Issues Fall Regulatory Agenda for CBP, Includes Continuing Education, ACAS Rulemakings
The Department of Homeland Security (DHS) published its fall 2014 regulatory agenda for CBP (here) with some new trade-related rulemakings, including on customs broker continuing education and Air Cargo Advance Screening (ACAS). The agenda also continues to include mentions an Importer Security Filing (ISF) rulemaking, though a final rule on ISF is no longer listed. The spring agenda listed an ISF rule amendment and a separate final rule as being in the works (see 14052911).
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The agenda lists DHS’ CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action, if any; a brief description of the regulation; and a contact party name and telephone number. The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for this list.
Fall Agenda Includes Rulemakings on Continuing Education, ACAS, CEEs
The fall agenda includes a first-time mention of a rulemaking on continuing education requirements for customs brokers, an issue that has long been discussed but has proven difficult for CBP to settle on details (see 14100930). According to the agenda description (here), CBP plans to issue an advance notice of proposed rulemaking in June. "CBP plans to seek input on a proposal to issue amendments to CBP regulations which would establish a continued education requirement for licensed customs brokers" and "allow CBP to accredit a limited number of organizations to evaluate and approve courses offered to meet the continuing education requirement," it said.
CBP also plans to issue a notice of proposed rulemaking in August on ACAS (here). While the pilot program for ACAS was largely lauded by industry, there's been some controversy over how the rules should be written (see 14060522) and 14091114). An ACAS regulatory program "will allow CBP to better target and identify dangerous cargo and ensure that any risk associated with such cargo is mitigated before the aircraft departs" for the U.S., it said.
The agenda also now lists a planned interim final rule for the Centers of Excellence and Expertise (CEEs). The rule, scheduled for July, would update CBP regulations to include the CEEs and "shift authority to make certain decisions regarding customs transactions from port directors to the directors of the CEEs," the description said (here). CBP previously shifted some authority from the port directors to CEE directors within the CEE pilot program (see 12082733).
Agenda Highlights
Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, are below. New items are marked with an asterisk (*).
| Regulation Title | Target Date |
|---|---|
| Prerule | |
| *Continuing Education Requirements for Customs Brokers | 06/15 |
| Proposed Rule | |
| Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency | 04/15 |
| Amendments to Importer Security Filing and Additional Carrier Requirements | 10/15 |
| Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure | 08/15 |
| Small Vessel Reporting System | 03/15 |
| *Air Cargo Advance Screening (ACAS) | 08/15 |
| Final Rule | |
| Changes to the Visa Waiver Program to Implement the Electronic System for Travel Authorization (ESTA) Program | 03/15 |
| Implementation of the Guam-CNMI Visa Waiver Program | 08/15 |
| Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program | 08/15 |
| Electronic System for Travel Authorization (ESTA): Fee for Use of the System | 03/15 |
| Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft | 02/15 |
| Definition of Form I-94 to Include Electronic Format | 03/15 |
| *Centers of Excellence and Expertise | 07/15 |
| *Freedom of Information Act Procedures | 06/15 |