Regulatory review may apply to “10+2”
Regulatory review may apply to “10+2”
One of President Barack Obama’s first acts in office Tuesday was to order agencies to halt activity on any Bush administration regulations in the pipeline until they can be reviewed by incoming appointees.
The move raised questions in the trade community about whether the new Importer Security Filing rule would be impacted.
The ISF — or “10+2” as it’s commonly referred to because of the 10 data elements collected from importers 24 hours prior to overseas vessel loading plus two others subsequently filed by ocean carriers — is scheduled to go into effect Jan. 26. Customs and Border Protection intends to allow a 12-month grace period before full enforcement commences.
White House Chief of Staff Rahm Emanuel also asked agency and department heads to extend by 60 days the effective date of regulations that have already been published in the Federal Register but not yet taken effect. The interim final “10+2” rule was issued on Nov. 26. The memo provides exceptions for regulations that deal with national security and other urgent matters.
The ISF is ostensibly a homeland security measure to identify potentially dangerous cargo before it can be smuggled into the United States in shipping containers.
A memo from Friedmann/Beubien/Bucheger Federal Relations to members of the Coalition of New England Companies for Trade said the Office of Management and Budget indicated in a phone conversation Wednesday morning that the order will impact “10+2.”
However, a congressional aide who was in touch with DHS said the department doesn’t think any of its rules fall under the order.
All sides are still sorting out the instructions and definitive answer is not likely for a day or two. ' Eric Kulisch
