CBP Announces Phased Enforcement of FAST Card Requirement for Canada/Mexico CMV Drivers Transporting Hazmats, Etc.
U.S. Customs and Border Protection (CBP) has posted to its Web site details of its enforcement of the Transportation Security Administration's (TSA's) requirements under SAFETEA-LU1 that commercial motor vehicle (CMV) drivers licensed in Canada or Mexico have a FAST card to transport placarded amounts of hazardous materials or any quantity of material listed as a select agent or toxin in 42 CFR Part 73 (subject hazmats) within the U.S.
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(See ITT's Online Archives or 08/08/06 news, 06080805, for BP summary of TSA's interim rule implementing the above requirement effective August 10, 2006.)
Phased Enforcement for FAST Card Requirement (General Approach)
TSA and CBP have jointly agreed to institute the general approach described below to enforcement of this requirement. Exceptions may be made in instances where CBP or TSA believes that a potential threat to security, or a driver's behavior, warrants another enforcement approach.
Informed Compliance (Phase 1) - August 10, 2006 to November 13, 2006:
CBP will institute a period of informed compliance from August 10 to November 13, 2006. This will allow CBP and TSA to perform outreach to the affected trade community to educate them regarding the requirements and provide sufficient time to register qualified drivers in the FAST program. CBP and TSA believe this approach should minimize disruption of border trade that is affected by this requirement.
During this Phase 1 period, drivers licensed in Canada or Mexico who are transporting subject hazmats, but who are not in compliance with this requirement of SAFETEA-LU, will be provided with an informational notice advising them of this new rule.
For Canadian explosives shipments the current procedures will remain in place during Phase 1 if the driver does not present a valid FAST card. In other words, the driver must:
Be on the current approved list provided to each port by TSA; OR
Present a valid FAST card.
Drivers that do not meet either criterion will not be permitted to transport subject hazmats into the U.S.
Full Enforcement (Phase 2) - Beginning November 13, 2006:
Beginning November 13, 2006, CBP will initiate full enforcement of the new rule. Any driver licensed in Canada or Mexico who is transporting subject hazmats must be in compliance with this requirement of SAFETEA-LU before he/she may be permitted to transport subject hazmats into the U.S.
Updated Information on U.S.-Canada FAST Enrollment Centers
CBP has also posted to its Web site an updated list of U.S.-Canada FAST enrollment centers, their locations, telephone numbers, and hours of operation.
1the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59)
CBP contact - James Swanson (james.d.swanson@dhs.gov)
CBP notice on enforcement of TSA requirements (dated 08/10/06) available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/enforce_tsa.xml.
CBP's updated information on U.S./Canada FAST enrollment centers (dated 08/11/06) available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/ctpat/fast/us_canada/cd_program/hoursofoperations.ctt/hoursofoperations.doc.