Enhanced Air Cargo Advance Screening (ACAS)

In accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, 109 Stat. 163 (44 U.S.C. 3501 et seq.) (PRA), an agency may not conduct, and a person is not required to respond to, a collection of information unless the

collection of information displays a valid control number assigned by the Office of Management and Budget (OMB). The collection of information contained in this IFR was submitted to OMB for emergency review and authorization under section 3507(j) of the PRA.

In accordance with section 3507(j)(1)(A) of the PRA, CBP determined that the collection of information described in this IFR is needed prior to the expiration of the time periods established under the PRA and is essential to the mission of CBP. Additionally, in accordance with section 3507(j)(1)(B) of the PRA, CBP determined that it cannot reasonably comply with the provisions of the PRA because public harm is reasonably likely to result if normal clearance procedures are followed.

As discussed in Section III.E., CBP's analysis of recent incidents has identified significant ongoing threats to the security of international air cargo operations. To address those threats, CBP determined that it is necessary to expand the ACAS information collection by requiring air carriers and other eligible ACAS filers to transmit additional data elements, among other requirements. The collection of information described in this IFR will enable CBP to effectively identify and target high-risk shipments that could threaten the safety and security of individuals, cargo, and critical transportation infrastructure.

The time periods established under the PRA, such as the 60-day and 30-day comment periods found in sections 3506-07, would delay the implementation of the data elements described in this IFR. Given the immediate need for additional information that will bolster CBP's ability to identify and target high-risk shipments, the collection of information described in this IFR is needed prior to the expiration of the time periods established under the PRA.

Among other duties, CBP is responsible for ensuring the interdiction of goods illegally entering or exiting the United States, safeguarding the borders of the United States to protect against the entry of dangerous goods, and developing and implementing screening and targeting capabilities for cargo across all international modes of transportation. See Homeland Security Act of 2002, Public Law 107-296, sec. 411, 116 Stat. 2178, as amended (6 U.S.C. 211(c)). Given the parallels between these duties and the need for additional ACAS data that can aid CBP in identifying high-risk shipments, the collection of information is essential to CBP's mission.

In consideration of the potential consequences of successful or attempted attacks, such as injury, loss of life, and damage to critical transportation infrastructure, the ongoing nature of the threat, and the immediate need for information that can address the threat, public harm is reasonably likely to result if normal clearance procedures are followed.

For the reasons stated above, CBP has determined that it is necessary to request, under section 3507(j) of the PRA, an emergency authorization for the collection of information discussed in this IFR.

CBP is simultaneously inviting the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to section 3506(c)(2)(A) of the PRA. This process is conducted in accordance with 5 CFR 1320.8. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record. Such comments can be submitted in the regulatory docket for this IFR or by email to [email protected].

The Enhanced ACAS IFR will require air carriers, or other eligible filers, to transmit new enhanced data elements and add additional optional data elements, resulting in a change to OMB-approved collection 1651-0001. According to representatives from the trade, this IFR will not add a time burden for 85% of responses. A party that will not face a time burden is referred to as a “known party” for the purposes of this section. The remaining 15% will incur an average time burden of 1 minute. A party that will face a time burden is referred to as an “unknown party” for the purpose of this section. Additionally, the optional data elements will not add a time burden to the public. CBP assumes that parties will only provide these data elements if they already collect them internally and it does not create an additional burden to provide them to CBP. In addition to the time burden below, CBP estimates that some respondents will incur capital costs required to update their systems to collect and submit the requested information. The resulting estimated burden associated with the electronic information for air cargo required in advance of arrival under this rule is as follows: Air Cargo Advance Screening (ACAS) Original and Optional Data

Estimated Number of Respondents: 281.

Estimated Number of Total Annual Responses: 1,249,182,643.

Estimated Time per Response: 0 minutes.

Estimated Total Annual Burden Hours: 0. Enhanced ACAS Data (Known Party)

Estimated Number of Respondents: 281.

Estimated Number of Total Annual Responses: 1,061,805,247.

Estimated Time per Response: 0 minutes.

Estimated Total Annual Burden Hours: 0. Enhanced ACAS Data (Unknown Party)

Estimated Number of Respondents: 281.

Estimated Number of Total Annual Responses: 187,377,396.

Estimated Time per Response: 1 minutes.

Estimated Total Annual Burden Hours: 3,122,957.

19 CFR Part 103

Administrative practice and procedure, Confidential business information, Courts, Freedom of information, Law enforcement, Privacy, Reporting and recordkeeping requirements.

19 CFR Part 122

Administrative practice and procedure, Air carriers, Aircraft, Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba, Customs duties and inspection, Drug traffic control, Freight, Penalties, Reporting and recordkeeping requirements, Security measures.

For the reasons stated in the preamble, U.S. Customs and Border Protection amends 19 CFR parts 103 and 122 as follows:

PART 103--AVAILABILITY OF INFORMATION

0 1. The authority citation for part 103 is revised to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 U.S.C. 9701. * * * * *

Section 103.31a also issued under 19 U.S.C. 2071 note, 6 U.S.C. 943, 19 U.S.C. 1415, and 49 U.S.C. 44901 note; * * * * *

0 2. Amend Sec. 103.31a by revising paragraph (a) as follows:

Sec. 103.31a Advance electronic information for air, truck, and rail cargo; Importer Security Filing information for vessel cargo.

* * * * *

(a) Advance cargo information that is electronically presented to Customs and Border Protection (CBP) for inbound or outbound air, rail, or truck cargo in accordance with Sec. 122.48a, Sec. 122.48b, Sec. 123.91, Sec. 123.92, or Sec. 192.14 of this chapter; * * * * *

PART 122--AIR COMMERCE REGULATIONS

0 3. The authority citation for part 122 is revised to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. * * * * *

Section 122.48b also issued under 49 U.S.C. 44901 note. * * * * *

0 4. Amend Sec. 122.48b by adding paragraph (c)(7) and revising and republishing paragraph (d) to read as follows:

Sec. 122.48b Air Cargo Advance Screening (ACAS).

* * * * *

(c) * * *

(7) Retention of government-issued photo identification document copies. When biographic data is a required data element under paragraph (d)(4)(v)(A) of this section, CBP may, following prior notification from CBP to ACAS filers, require such filer(s) to obtain a copy of the government-issued photo identification documents presented by individuals for purposes of fulfilling the biographic data requirements and retain the copy for 3 years. During the retention period, such ACAS filers must provide the copy to CBP if requested.

(d) ACAS data elements. Some of the ACAS data elements are mandatory in all circumstances, some are conditional and are required only in certain circumstances, and others are optional.

(1) Mandatory data elements. The following data elements are required to be submitted at the lowest air waybill level (i.e., at the house air waybill level if applicable) by all ACAS filers and are defined as set forth in Sec. 122.48a unless otherwise provided in this paragraph (d)(1):

(i) Shipper name and address;

(ii) Consignee name and address;

(iii) Consignee email address (the email address for the party identified under paragraph (d)(1)(ii) of this section);

(iv) Consignee phone number (the phone number for the party identified under paragraph (d)(1)(ii) of this section);

(v) Cargo description;

(vi) Total quantity based on the smallest external packing unit;

(vii) Total weight of cargo;

(viii) Air waybill number (the air waybill number must be the same in the filing required by this section and the filing required by Sec. 122.48a);

(ix) Shipment packing location and/or scheduled shipment pickup location (The shipment packing location is the name and address of the location where the cargo was initially made ready for transportation before the cargo arrives at the location where the cargo will be loaded on the aircraft. The scheduled shipment pickup location is the name and address of the location where the cargo is scheduled to transfer from the custody of the shipper to the custody of the inbound air carrier or other party arranging for and/or delivering the cargo to the inbound air carrier.); and

(x) Ship to party (the name and address of the first deliver-to party scheduled to physically receive a shipment after the shipment is released from CBP custody).

(2) Conditional data element: master air waybill number. The master air waybill (MAWB) number, as defined under Sec. 122.48a, for each leg of the flight is a conditional data element. The MAWB number is a required data element in the following circumstances; otherwise, the submission of the MAWB number is optional, but encouraged:

(i) When the ACAS filer is a different party than the party that will file the advance electronic air cargo data required by Sec. 122.48a. To allow for earlier submission of the ACAS filing, the initial ACAS filing may be submitted without the MAWB number, as long as the MAWB number is later submitted by the ACAS filer or the inbound air carrier according to the applicable ACAS time frame for data submission in paragraph (b) of this section; or

(ii) When the ACAS filer is transmitting all the data elements required by Sec. 122.48a according to the applicable ACAS time frame for data submission; or

(iii) When the inbound air carrier would like to receive from CBP a check on the ACAS status of a specific shipment. If the MAWB number is submitted, either by the ACAS filer or the inbound air carrier, CBP will provide this information to the inbound air carrier upon request.

(3) Conditional data element: verified Known Consignor Information. If the shipper, identified under paragraph (d)(1)(i) of this section, is designated as a Verified Known Consignor by a CBP-recognized body, the registration number associated with the shipper's Verified Known Consignor status and the CBP-specified code representing the designating body are required.

(4) Conditional data elements that may be required when there is not a Verified Known Consignor. The following data elements are required if the shipper, identified under paragraph (d)(1)(i) of this section, is not identified as a Verified Known Consignor under paragraph (d)(3) of this section and the additional circumstances listed in paragraph (d)(4)(ii), (iii), or (iv) or (d)(4)(v)(A) or (B) of this section exist. If the shipper is a Verified Known Consignor or the circumstances listed for a data element in this paragraph (d)(4) do not exist, the transmission of the data element is optional, but encouraged.

(i) Definitions. For the purposes of this paragraph (d)(4):

Customer means a party who has an ownership interest in cargo, as either a buyer or seller, who engages with a logistics provider to arrange transport of the cargo to the United States. A foreign entity that provides services that involve aggregating shipments from customers, in which the foreign entity acts as a facilitator and engages with a logistics provider for the importation of cargo into the United States, is not a customer for the purposes of this paragraph (d)(4).

Logistics provider means an entity that provides transportation, importation, and/or delivery services for the importation of cargo into the United States.

(ii) Data elements required for each ACAS filing. The following data elements are required for each ACAS filing under this paragraph (d)(4):

(A) Shipper email address (the email address for the party identified under paragraph (d)(1)(i) of this section);

(B) Shipper phone number (the phone number for the party identified under paragraph (d)(1)(i) of this section);

(C) Customer account shipping frequency/volume (the nature of the business relationship between the customer and the logistics provider that issued the lowest level air waybill, expressed as one of the following applicable codes representing the frequency and volume of shipments conducted within that business relationship: shipping outlet/ walk-in, immediate transaction, occasional shipper, regular/daily shipper, or high-volume shipper); and

(D) Customer account billing type (the method of payment used by the customer to pay for the shipping transaction).

(iii) Data elements required for customer account shipping frequency/volume assigned shipping outlet/walk-in, occasional shipper, regular/daily shipper, or high-volume shipper codes. The following data elements are only required when the customer account shipping frequency/volume, under paragraph (d)(4)(ii)(C) of this section, is assigned the shipping outlet/walk-in, occasional shipper, regular/daily shipper, or high-volume shipper codes:

(A) Customer account name. When the customer account shipping frequency/volume, paragraph (d)(4)(ii)(C) of this section, is assigned the high-volume shipper, regular/daily shipper, or occasional shipper codes, this is the name of the customer. However, when the customer account shipping frequency/volume data element, paragraph (d)(4)(ii)(C) of this section, is assigned the shipping outlet/walk-in code, this is the name of the shipping outlet or other party that accepted the cargo from the customer;

(B) Customer account issuer. The customer account issuer is the party that engaged with the party identified under the customer account name, paragraph (d)(4)(iii)(A) of this section, for the purposes of importing cargo into the United States by air, identified by the applicable code: Air Waybill prefix, CBP Filer Code, or ACAS Originator Code;

(C) Customer account number. The customer account number is the identifier assigned by the customer account issuer, identified under paragraph (d)(4)(iii)(B) of this section, to represent the customer account name, identified under paragraph (d)(4)(iii)(A) of this section;

(D) Customer account establishment date. The customer account establishment date is the date the party identified as the customer account name, paragraph (d)(4)(iii)(A) of this section, established an account with the party identified as the customer account issuer, paragraph (d)(4)(iii)(B) of this section; and

(E) Unmasked internet protocol (IP) address or media access control (MAC) address of the device used during account creation (If the customer account establishment date under paragraph (d)(4)(iii)(D) of this section is after November 21, 2025, the ACAS filer must transmit the unmasked IP or MAC address of the device used during the creation of the account between the parties identified under the customer account name, paragraph (d)(4)(iii)(A) of this section, and customer account issuer, paragraph (d)(4)(iii)(B) of this section.).

(iv) Data elements required for customer account shipping frequency/volume assigned shipping outlet/walk-in, immediate transaction, or occasional shipper codes. The following data elements are only required when the customer account shipping frequency/volume, under paragraph (d)(4)(ii)(C) of this section, is assigned the shipping outlet/walk-in, immediate transaction, or occasional shipper codes:

(A) Shipping cost. The shipping cost is the total amount of charges, reported in U.S. dollars, assessed by the carrier, freight forwarder, or other logistics provider to deliver the cargo including, but not limited to, taxes, insurance, and other applicable costs. Alternatively, an estimated shipping cost is acceptable when the total amount of charges will be assessed after the ACAS filing is transmitted, or when the ACAS filer is not the carrier, freight forwarder, or other logistics provider that assessed the total amount of charges to deliver the shipment.

(B) Unmasked internet protocol (IP) address or media access control (MAC) address of the device used to initiate the shipping transaction and the unmasked IP address or MAC address of the device

used to file the ACAS filing each time an ACAS filing is transmitted.

(v) Data elements required only in certain situations. (A) Biographic data. Biographic data (Biographic data is the data contained on a CBP-approved government-issued photo identification document verified to match the individual presenting cargo for shipment. Biographic data includes, but is not limited to, the government-issued identification document type, the identifier that is uniquely associated with the identification document, the issuing government authority and country, the name of the individual, and the date of birth of the individual. Biographic data also includes the date and time an individual presents a CBP-approved government-issued photo identification document for the collection of biographic data under this paragraph (d)(4)(v)(A). A copy of the document used to provide biographic data is subject to the retention requirement under paragraph (c)(7) of this section.) is a required data element:

(1) When the customer account shipping frequency/volume, identified under paragraph (d)(4)(ii)(C) of this section, is assigned the shipping outlet/walk-in code; or

(2) When a shipment contains household goods or personal effects.

(B) Link to product listing and unmasked internet protocol (IP) address or media access control (MAC) address of the device used by the consignee to purchase the product. This data element is required when a consignee, who does not have an account with the logistics provider that issued the lowest level air waybill, initiates a cargo shipment by conducting a transaction on any internet store or online marketplace platform. When this data element is required, the ACAS filer must transmit:

(1) The unmasked IP address or MAC address of the device used by the consignee to purchase the product; and

(2) The uniform resource locator (URL) of the product; or

(3) The stock keeping unit (SKU) of the product so long as the home page URL of the website used to conduct the transaction is also transmitted and entry of the SKU into the search function of the website results in the display of the product landing page described under paragraph (d)(4)(v)(B)(2) of this section.

(5) Optional data elements. The transmission of the following data elements is optional, but encouraged.

(i) Second Notify Party. The ACAS filer may choose to designate a Second Notify Party to receive shipment status messages from CBP.

(ii) Origin of shipment. The International Standards Organization (ISO) country code representing the country where the cargo was tendered for shipment.

(iii) Declared value. Declared value is the U.S. fair market value of the cargo in U.S. dollars.

(iv) Harmonized commodity code. The Harmonized commodity code is the applicable Harmonized Tariff Schedule (HTS) code at the 6-digit or 10-digit level.

(v) Transaction type. The CBP-specified code that best represents the transactional relationship between the shipper and the consignee (e.g., C2B--Consumer to Business).

(vi) Special handling type. The CBP-specified special handling code or dangerous goods code applicable to certain cargo shipments.

(vii) Customer account email address. The email address associated with the account identified under paragraph (d)(4)(iii)(A) of this section.

(viii) Customer account phone number. The phone number associated with the account identified under paragraph (d)(4)(iii)(A) of this section.

(ix) Shipper Manufacturer Identification (MID) code or Authorized Economic Operator (AEO) information. The MID code or AEO number and code representing the designating body for the party identified as the shipper under paragraph (d)(1)(i) of this section.

(x) Consignee importer of record number. The consignee importer of record number is the U.S. Social Security number, the Internal Revenue Service number, the Employer Identification Number (EIN), or the CBP- assigned number used as the importer of record number by the party identified as the consignee under paragraph (d)(1)(ii) of this section.

(xi) Regulated agent name, address, and code. The name, address, and code associated with a party that ensures security controls for the transportation of cargo by air in accordance with standards established by a CBP-recognized body.

(xii) ACAS filing type. The CBP-specified filing code that represents the nature of the handling and transportation of the cargo shipment (e.g., Standard, Express, E-Commerce).

(xiii) Any additional data elements listed in Sec. 122.48a or any additional information regarding ACAS data elements may be provided and are encouraged. * * * * *

Kristi L. Noem, Secretary of Homeland Security. [FR Doc. 2025-20606 Filed 11-20-25; 8:45 am] BILLING CODE 9111-14-P