Notice2025-20648

Asset-Based and Non-Asset-Based Third Party Logistics Customs Trade Partnership Against Terrorism (CTPAT) Program Pilot

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
November 21, 2025

Issuing agencies

Homeland Security DepartmentU.S. Customs and Border Protection

Abstract

This notice announces that the Department of Homeland Security, acting through the Commissioner of the U.S. Customs and Border Protection (CBP), plans to conduct a pilot for Asset-Based and Non-Asset-Based Third Party Logistics Providers to participate in the Customs Trade Partnership Against Terrorism (CTPAT) Program to determine whether allowing such entities to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT as provided for by Congress. This notice describes the purpose of the pilot, eligible participants, duration of the pilot, and pilot procedures.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 223 (Friday, November 21, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 223 (Friday, November 21, 2025)]
[Notices]
[Pages 52690-52692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20648]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Asset-Based and Non-Asset-Based Third Party Logistics Customs 
Trade Partnership Against Terrorism (CTPAT) Program Pilot

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Department of Homeland 
Security, acting through the Commissioner of the U.S. Customs and 
Border Protection (CBP), plans to conduct a pilot for Asset-Based and 
Non-Asset-Based Third Party Logistics Providers to participate in the 
Customs Trade Partnership Against Terrorism (CTPAT) Program to 
determine whether allowing such entities to participate in CTPAT would 
enhance port security, combat terrorism, prevent supply chain security 
breaches, or otherwise meet the goals of CTPAT as provided for by 
Congress. This notice describes the purpose of the pilot, eligible 
participants, duration of the pilot, and pilot procedures.

DATES: The pilot will begin no earlier than December 1, 2025, and will 
run for no more than five years. Any extension of this pilot will be 
announced by a notice published in the Federal Register.

ADDRESSES: Applicants who wish to participate in the CTPAT Pilot 
Program must send an email to <a href="/cdn-cgi/l/email-protection#1d525b5230545359484e494f444d5c4f4953584f4e55544d5d5e5f4d3359554e335a524b"><span class="__cf_email__" data-cfemail="df909990f296919b8a8c8b8d868f9e8d8b919a8d8c97968f9f9c9d8ff19b978cf1989089">[email&#160;protected]</span></a>, and 
indicate if they wish to participate as a non-asset-based third party 
logistics provider (3PL) or an asset-based 3PL. In the subject line of

[[Page 52691]]

the email, please use ``CTPAT 3PL Pilot Program Interest.'' Written 
comments concerning program, policy, and technical issues may also be 
submitted via email to <a href="/cdn-cgi/l/email-protection#337c757c1e7a7d77666067616a637261677d7661607b7a63737071631d777b601d747c65"><span class="__cf_email__" data-cfemail="5e1118117317101a0b0d0a0c070e1f0c0a101b0c0d16170e1e1d1c0e701a160d70191108">[email&#160;protected]</span></a>. In the 
subject line of the email, please use ``Comment on CTPAT Pilot 
Program''.

FOR FURTHER INFORMATION CONTACT: Peter Touhy, CTPAT-Miami, Office of 
Field Operations, U.S. Customs and Border Protection, via email at 
<a href="/cdn-cgi/l/email-protection#b4e4d1c0d1c69af79ae0dbc1dccdf4d7d6c49ad0dcc79ad3dbc2"><span class="__cf_email__" data-cfemail="a9f9ccddccdb87ea87fdc6dcc1d0e9cacbd987cdc1da87cec6df">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    In 2006, the Security and Accountability For Every (SAFE) Port Act 
authorized the Secretary of the Department of Homeland Security, acting 
through the Commissioner of the U.S. Customs and Border Protection 
(CBP), to establish a voluntary government-private sector program to be 
known as the ``Customs Trade Partnership Against Terrorism'' or 
``CTPAT.'' The goal of CTPAT is to strengthen and improve the overall 
security of the international supply chain and United States border 
security, and to facilitate the movement of secure cargo through the 
international supply chain. Specifically, CTPAT establishes a customs 
clearance process for eligible entities \1\ that voluntarily meet or 
exceed enhanced security screening requirements.\2\ Entities certified 
as CTPAT participants may be eligible for benefits such as reduced risk 
scores assigned in the Automated Targeting System (ATS), reduced 
examinations of cargo, priority searches of cargo, and expedited 
release of cargo. See 6 U.S.C. 964-966. By ensuring that participants 
meet minimum security standards, CTPAT helps CBP improve trade 
facilitation and enhances the security of incoming cargo and processing 
of cargo through ports of entry, which also benefits CTPAT members. 
These members submit to enhanced security screening measures improving 
security throughout the supply chain. See S. Rep. No. 118-27 at 2 
(2023).
---------------------------------------------------------------------------

    \1\ Eligible entities include importers, customs brokers, 
forwarders, air, sea, land carriers, contract logistics providers, 
and other entities in the international supply chain and intermodal 
transportation system. See 6 U.S.C. 962.
    \2\ See 6 U.S.C. 962. See also CTPAT Minimum Security Criteria, 
U.S. Customs and Border Protection (Oct. 5, 2022), <a href="https://www.cbp.gov/border-security/ports-entry/cargo-security/ctpat-customs-trade-partnership-against-terrorism/apply/security-criteria">https://www.cbp.gov/border-security/ports-entry/cargo-security/ctpat-customs-trade-partnership-against-terrorism/apply/security-criteria</a>.
---------------------------------------------------------------------------

    In 2008, CBP expanded CTPAT membership to include third party 
logistics providers (3PLs) that meet the eligibility requirements and 
minimum security criteria set forth by the Program.\3\ 3PLs are firms 
that provide outsourced or ``third party'' logistics services to 
companies for part, or sometimes all, of their supply chain management 
function. There are two types of 3PLs: asset-based and non-asset-based. 
Asset-based 3PLs own or lease warehousing facilities, vehicles, 
aircraft, or any other transportation assets using their own resources. 
Non-asset-based 3PLs do not own assets but instead partner with a 
network of other carriers and providers to arrange and manage a 
client's supply chain needs. CBP has permitted some non-asset-based 
3PLs to participate in the CTPAT Program, including indirect air 
carriers, non-vessel operating common carriers (NVOCCs) and customs 
brokers. However, their participation was limited.
---------------------------------------------------------------------------

    \3\ See U.S. Customs and Border Protection, Customs-Trade 
Partnership Against Terrorism (C-TPAT) Minimum Security Criteria: 
Third Party Logistics Providers (3PL) (Jan. 2009), <a href="http://www.cbp.gov/sites/default/files/documents/3pl_security_criteria_3.pdf">www.cbp.gov/sites/default/files/documents/3pl_security_criteria_3.pdf</a>.
---------------------------------------------------------------------------

    On October 1, 2024, Congress passed the ``Customs Trade Partnership 
Against Terrorism Pilot Program Act of 2023'' or the ``CTPAT Pilot 
Program Act of 2023'' (Pub. L. 118-98, 138 Stat. 1575) to address the 
exclusion of certain types of 3PLs from participation in CTPAT. 
Congress recognized that non-asset-based 3PLs and asset-based 3PLs play 
a role in the safety of the international supply chain and national 
security. Specifically, the CTPAT Pilot Program Act of 2023 directs DHS 
to establish a pilot to assess whether allowing both non-asset-based 
3PLs and asset-based 3PLs to participate in CTPAT would enhance port 
security, assist in combatting terrorism, prevent supply chain security 
breaches, or otherwise meet the goals of CTPAT. Sec. 3, Public Law 118-
98, 138 Stat. 1575.

Pilot Program for Participation of 3PLs in CTPAT

Authority

    The pilot described in this notice is authorized pursuant to 
Section 3 of the CTPAT Pilot Program Act of 2023, which directs the 
Secretary of Homeland Security to carry out a pilot where non-asset-
based 3PLs and asset-based 3PLs that meet the criteria outlined in the 
statute are allowed to participate in CTPAT.

Purpose of the Pilot

    In 2001, the federal government engaged the trade community to 
improve supply chain security to protect the United States from acts of 
terrorism. One resulting development was the creation of CTPAT. CTPAT 
is a partnership between the federal government and the private sector 
that seeks to improve security throughout the supply chain, from point 
of origin to point of destination. The Program created a customs 
clearance process for eligible entities that voluntarily meet or exceed 
enhanced security screening requirements. When an entity is certified 
as a CTPAT participant, it agrees to work with CBP to protect the 
supply chain, identify security gaps, and implement specific security 
measures and best practices. Applicants must address a broad range of 
security topics and present security profiles that list action plans to 
align security procedures throughout the supply chain. As a result, 
CTPAT members are considered to be of low risk, and therefore are less 
likely to be examined at a U.S. port of entry, helping CBP improve 
overall trade facilitation and focus resources on cargo that presents 
unknown risk. The purpose of this pilot is to assess whether expanding 
current membership of 3PLs to participate in CTPAT would enhance port 
security, assist in combatting terrorism, prevent supply chain security 
breaches, or otherwise meet the goals of CTPAT.

Eligibility for Participation

    Participation in the pilot is voluntary. CTPAT is open to members 
of the trade community who can demonstrate excellence in supply chain 
security practices and who have had no significant security related 
events. Entities interested in participating in the pilot must meet the 
eligibility criteria outlined in this notice as well as the Minimum 
Security Criteria (MSC) for 3PLs. Each applicant to the CTPAT Program 
is considered on an individual basis, and CBP may determine an 
applicant to be ineligible for participation in the pilot if issues of 
concern exist.
    All participating entities must comply with the eligibility 
requirements of the CTPAT Program including:
    [ssquf] Be directly or indirectly involved in the handling and 
management of international cargo. Entities which only provide domestic 
services and do not handle or manage international cargo are not 
eligible.
    [ssquf] Does not allow subcontracting of service beyond a second 
party other than to other CTPAT members (does not allow the practice of 
``double brokering,'' that is, the 3PL may contract with a service 
provider, but may not allow that contractor to further

[[Page 52692]]

subcontract the actual provision of this service).
    [ssquf] Be licensed and/or bonded by the Federal Maritime 
Commission, Transportation Security Administration, CBP, or the U.S. 
Department of Transportation.
    [ssquf] Maintain no evidence of financial debt to CBP for which the 
responsible party has exhausted all administrative and judicial 
remedies for relief, a final judgment or administrative disposition has 
been rendered, and the final bill or debt shall not remain unpaid at 
the time of the initial application or annual renewal.
    [ssquf] Maintain a staffed office in the United States, Canada, or 
Mexico.
    In addition to meeting the general existing eligibility criteria of 
CTPAT, all pilot participants must be a 3PL and meet the eligibility 
requirements for their entity type. The pilot will consist of ten 
entities of each of the two types of providers described below:
    [ssquf] Asset-based 3PLs that facilitate cross border activity and 
manage and execute logistical functions for clients, using their own 
personnel, with owned or leased transportation, consolidation or 
warehousing assets and resources.
    [ssquf] Non-asset-based 3PLs that arrange international 
transportation of freight and manage and execute these particular 
logistics functions using other carriers with owned or leased 
transportation, consolidation or warehousing assets and resources, or 
contracting any or all of these services, on behalf of the client 
company.

Application Process and Acceptance

    All interested applicants must send an email to <a href="/cdn-cgi/l/email-protection#88c7cec7a5c1c6ccdddbdcdad1d8c9dadcc6cddadbc0c1d8c8cbcad8a6ccc0dba6cfc7de"><span class="__cf_email__" data-cfemail="09464f462440474d5c5a5d5b5059485b5d474c5b5a414059494a4b59274d415a274e465f">[email&#160;protected]</span></a> to indicate their intent to participate 
in the pilot, as either a non-asset-based 3PL or asset-based 3PL in the 
pilot. In the subject line of the email, please use ``CTPAT 3PL Pilot 
Program Interest.'' Pilot participants will be selected on a first 
come, first-served basis. Approved applicants will be notified via 
email and directed to complete the online application in the CTPAT 
portal, as outlined below. Applicants who are not selected for 
participation at this time may be eligible to participate at a later 
date, and will be notified in the order in which the original interest 
emails were received.
    Once approved, applicants must complete an online application to 
participate in the pilot, via the CTPAT Portal (<a href="https://www.cbp.gov/border-security/ports-entry/cargo-security/c-tpat-customs-trade-partnership-against-terrorism/apply">https://www.cbp.gov/border-security/ports-entry/cargo-security/c-tpat-customs-trade-partnership-against-terrorism/apply</a>), applying as a Third Party 
Logistics Provider. There are two components to the application 
process: the Company Profile and the Security Profile. The company 
profile section of the application will ask for general company 
information such as addresses and contact information. Applicants must 
indicate in the first line of the ``Brief Company History'' section 
that they are ``Applying as a non-asset-based 3PL to the 3PL CTPAT 
Pilot'' or ``Applying as an asset-based 3PL to the 3PL CTPAT Pilot,'' 
depending on the type of operation.
    The Security Profile section contains questions of a more detailed 
nature that the Supply Chain Security Specialist (SCSS) responsible for 
reviewing applications will use to determine the company's ability to 
meet CTPAT MSC. All approved applicants are required to complete the 
Security Profile addressing the company's security procedures to meet 
the MSC of a 3PL.\4\ When completing the Security Profile, not all 
sections of the MSC may directly apply to non-asset-based 3PLs. Non-
asset-based 3PLs are encouraged to consider the criteria in relation to 
their business partners, and ``N/A'' will not be an accepted response. 
All applicants must show how they meet the criteria by educating and 
addressing the criteria with their business partners such that the 
business partners understand the criteria required.
---------------------------------------------------------------------------

    \4\ See Third Party Logistics Providers (3PL), U.S. Customs and 
Border Protection (Mar. 6, 2024), <a href="https://www.cbp.gov/border-security/ports-entry/cargo-security/ctpat/security-guidelines/third-party-logistics-providers">https://www.cbp.gov/border-security/ports-entry/cargo-security/ctpat/security-guidelines/third-party-logistics-providers</a>.
---------------------------------------------------------------------------

    Upon completion of both the Company Profile and the Security 
Profile in the CTPAT portal, each applicant will be assigned a SCSS to 
review the applicant's submitted materials. The SCSS will determine if 
the applicant meets the pilot's eligibility requirements and the MSC 
for a 3PL. The SCSS will communicate with the applicant if any 
deficiencies are discovered and will work with the applicant to resolve 
identified issues or will notify the applicant if it is not eligible to 
participate in the pilot. If the application is approved, the applicant 
will be notified through the CTPAT portal and the company's status will 
change from Applicant to Certified, and the company will start 
receiving CTPAT benefits.
    Certified CTPAT pilot participants will be contacted by their 
assigned SCSS within one year of certification to set up a validation 
to observe the security practices at the participant's location(s) of 
operation. The validation will consist of an on-site visit for the 
assigned SCSS to verify the information submitted for the Security 
Profile to determine if the applicant meets the MSC for 3PLs and is 
eligible to become a validated partner.\5\ Certified partners who 
become validated will continue to participate in the pilot and receive 
the benefits afforded to 3PLs in the CTPAT Program.
---------------------------------------------------------------------------

    \5\ See CTPAT Validation Process, U.S. Customs and Border 
Protection (Jul. 1, 2020), <a href="https://www.cbp.gov/border-security/ports-entry/cargo-security/c-tpat-customs-trade-partnership-against-terrorism/apply/validation">https://www.cbp.gov/border-security/ports-entry/cargo-security/c-tpat-customs-trade-partnership-against-terrorism/apply/validation</a>.
---------------------------------------------------------------------------

Evaluation

    After concluding the validations of all pilot participants, CBP 
will evaluate the process under the pilot to see what worked, what did 
not, and where CBP can improve.

Duration of Pilot

    This pilot will begin no earlier than December 1, 2025, and will 
run for no more than five years. Any extensions of this pilot will be 
announced by a notice published in the Federal Register.

Privacy

    CTPAT information for businesses and individuals is protected under 
the Privacy Act of 1974 and will not be improperly collected, used, or 
disseminated. CBP will ensure that all Privacy Act requirements and 
applicable DHS privacy policies are adhered to during this pilot. DHS's 
Fair Information Practice Principles (FIPPs) account for the nature and 
purpose of the information being collected in relation to DHS's mission 
to preserve, protect and secure the United States. The Privacy Impact 
Assessment (PIA) addresses issues in any data collection such as the 
security, integrity, sharing of data, use limitation, and transparency.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), 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). This information collection is covered by 
OMB control number 1651-0077. This information collection has been 
updated to include information collected by CBP pursuant to this 
notice.

Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2025-20648 Filed 11-20-25; 8:45 am]
BILLING CODE 9111-14-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on November 21, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.