NCBFAA REGULATORY AGENCIES COMMITTEE (RAC)
2015 4TH QUARTER REPORT
Board of Directors Meeting January 23, 2016 Mew Orleans, LA
The past quarter the RAC continued to address Partnering Government Agencies (PGA) issues on several different fronts. With the implementation of various aspects of the FDA Food Safety Modernization Act and the proposed transition to ACE/FDA the committee’s main efforts were directed towards FDA issues. The committee continued with its monthly conference calls and as authorized by the board held its first face to face RAC Strategy Retreat in Denver, Colorado on December 5, 2015.
There were 19 participants in the retreat with 16 participating in person and 3 by teleconference. It was extremely beneficial to have both Mr. Alan Klestadt and Mr. Jon Kent attend the retreat and participate in the various discussions. With the assistance of the NCBFAA administrative staff the cost of this conference was well under the funds allocated by the board and the lessons learned on this first conference will make future ones even more efficient. A survey of participants was taken after the conference and its results very rewarding:
Over rating of the retreat: 83% extremely useful; 17% very useful
Agenda comprehensive enough to address the RAC concerns: 100% - yes
Optimal amount of retreat time: 92% full day; 8% half day
As chairman the RAC, and on behalf of the NCBFAA I would again like the express our appreciation to the members for attending this retreat during the holiday season. This was a full day of very intense discussions and hard work to address the many challenges facing us in the future.
Mr. Stuart Schmidt, an ITDS bond member gave the RAC an update of the current ITDS projects and the last board meeting. There was discussion on the relationship between the ITDS board, PGA’s, and CBP. Also discussed was the requirement of current PGA forms and their interaction in ACE and where data vs. physical form will be required. The problems which will arise with multiple PGAs are involved on an entry line. Obtaining some guidance on how data and required documentation will be handled when some PGAs will not be operational in ACE on February 28th will be one of our goals. Mr. Jon Kent gave the participants an overview of BIC and how this group interacts with ITDS board.
The main emphasis of this retreat was to establish specific agency sub-committees. These sub-committees will establish contact with the PGA pilot participants to gain information of what is and what is not working, make contact with the specific PGA to discuss operational issues, and establish some form of communication structure to the membership. The main effort is to be directed towards the PGAs coming on line February 28th. The following RAC sub-committees were established and some volunteer chairs secured:
NHTSA – Chair Ms. Myra Reynolds, John S. James Co.
USDA APHIS Lacy Act – Chair Mr. Stuart Schmidt, UPS Supply Chain Solutions
USDA Ag Marketing – Chair Mr. Rodolfo Delgado, Rodel International, Inc.
USDA FSIS – Chair Mr. Mike Lahar, A.N.Deringer, Inc.
National Marine Fisheries – Chair Mr. Mike Lahar, A.N.Deringer, Inc.
FCC – Chair Ms. Barbara Adamson, UPS Supply Chain Solutions
FDA:
Pharma,Bio,Vet, and Cosmetics- Chair Mr. Cary Weinberg, Charter Brokerage Inc.
Food- Chair Mr. Matt Brauner, Brauner International Corp.
Medical and Radiation Devices- Chair OPEN
EPA- Chair OPEN
F&W- Chair OPEN
ATF- Chair OPEN
We are still looking for volunteers to chair open sub-committees. These sub-committees will be our backbone for working with the various PGAs as they fully integrate into ACE.
Other ACE areas discussed during the retreat were:
· Daily 2 pm CBP/PGA conference calls
· Second letter to importer (has been accomplished)
· System downtime and PGA backups
· Data creep and mandatory data elements in transmission not required in the CATAIR
· Staffing levels for ACE integration, local PGA training and transmission problem assistance
· 24/7 PGA border staffing and ACE assistance
· Implied data responsibility and validation, blending of importer and broker liability
· HTS PGA flagging and responsibility for data requirement on un-flagged HTS numbers
· Value of SEB for PGA covered products
· PGA webinars (some by specific commodity)
· Unique Northern and Southern border issues
· Current PGA business rules
· How best to communicate to NCBFAA members, issues, fixes, tips, etc
A brief discussion of the RAC structure, membership level, and future meetings dates concluded the session which ran after the scheduled 5pm closing time.
A discussion on establishing an FDA training center session on the role of a Customs Broker similar to what Myra Reynolds conducts with CBP. Myra will furnish the RAC with a copy of her presentations for possible alteration and use for an FDA presentation. Mr. Matt Brauner has volunteered to work on this project.
The RAC will continue to monitor the various new Food Safety Motorization Act proposed regulations as they are published and continue to make comments on behalf of our membership.
I will be happy to answer any specific question the board may have.
Respectfully,
Roger Clarke, RAC Chairman