CBP Postpones Enforcement of FAST Card Requirement for BRASS Shipment Drivers at First Group of 40 Ports until May 1, 2005

(The enforcement of this component of the Trade Act of 2002 was previously scheduled to begin at these 40 ports on January 31, 2005.)

According to CBP's press release, this postponement is due to a surge in FAST driver applications (see below).

CBP to Continue to Issue Informed Compliance Notices at 40 Ports until May 1st

For all 40 affected ports, CBP states that it will begin enforcement of the FAST card requirement for BRASS shipments on May 1, 2005.

CBP states that trucks that arrive at the affected ports from January 31, 2005 - April 30, 2005 with BRASS shipments and are operated by a driver that does not possess a valid FAST driver identification card will continue to receive informed compliance notices.

(See ITT's Online Archives or 09/30/04 news, 04093070 1, for BP summary of the informed compliance notice to be distributed to non-compliant trucks.)

Surge in Driver Applications Has Exceeded Capacity of Processing Center, Etc.

CBP states that during the months of December 2004 and January 2005, 20,000 FAST commercial driver applications have been submitted, exceeding the capacity of the FAST processing center, and leading to delays and backlogs in the application process.

In addition, there are approximately 15,000 conditionally approved drivers that have not completed the interview process to receive their cards.

CBP states that the FAST Processing Center and enrollment centers will be provided assistance to eliminate the backlog and process the applications within 90 days.

(CBP has previously stated that in order to effect the advance electronic transmission of the required truck cargo information to CBP as mandated by the Trade Act of 2002 and a December 5, 2003 final rule, CBP approved the following two interim Electronic Data Interchange (EDI) systems for use until the Automated Commercial Environment (ACE) Truck Manifest (Release 4) becomes fully operational: (1) Pre-Arrival Processing System (PAPS), and (2) QP/WP (an Automated Broker Interface (ABI) in-bond processing system that allows ABI filers to create and process in-bond shipments).

However, as a temporary accommodation, CBP stated that it would not require either of the CBP-approved EDI systems to be used if the merchandise transported by the truck carrier is currently approved for processing under the BRASS or the Customs Automated Forms Entry System (CAFES) programs. CBP stated that under the BRASS program exception, certain conditions must be met, one of which is that the truck carrier carrying the merchandise only utilizes drivers who are registered under the FAST program and carrying a FAST Driver Card.)

See ITT's Online Archives or 08/18/04 news, 04081805, for BP summary of CBP's notice announcing the three compliance dates for mandatory advance electronic information requirements for inbound truck cargo, including a list of the first group of 40 ports.

(See ITT's Online Archives or 12/17/04 news, 04121705, for BP summary on the fourth version of CBP's FAQ on mandatory advance electronic information requirements for truck carriers, in which CBP deleted "Part 2: 01/31/05" under Phase 3 (BRASS) from the table in FAQ 19.)

CBP press release (dated 01/28/05) available at http://www.cbp.gov/xp/cgov/newsroom/press_releases/01282005.xml

BP Note

According to CBP's press release, the ports of International Falls and Grand Portage, MN and Jackman, ME (which are in the second implementation group) and the port of Eastport, ID (which is in the third implementation group) continue to be exempted from the above-described requirement until publication of a Federal Register notice.