Announcement of Modification of ACE Cargo Release Test To Permit the Combined Filing of Cargo Release and Importer Security Filing (ISF) Data, 7487-7490 [2015-02719]
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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
Name of Committee: Center for Scientific
Review Special Emphasis Panel; Small
Business: Biological Chemistry, Biophysics
and Drug Discovery.
Date: March 2, 2015.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Doubletree Hotel Bethesda
(Formerly Holiday Inn Select), 8120
Wisconsin Avenue, Bethesda, MD 20814.
Contact Person: Sergei Ruvinov, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 4158,
MSC 7806, Bethesda, MD 20892, 301–435–
1180, ruvinser@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel;
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Date: March 2–3, 2015.
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Agenda: To review and evaluate grant
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Place: National Institutes of Health, 6701
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Date: March 11, 2015.
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Agenda: To review and evaluate grant
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Place: Doubletree Hotel Bethesda
(Formerly Holiday Inn Select), 8120
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Date: March 11, 2015.
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7487
Contact Person: Richard Panniers, Ph.D.,
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Date: March 11, 2015.
Time: 2:30 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
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Place: National Institutes of Health, 6701
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Contact Person: Ross D. Shonat, Ph.D.,
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(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Automated Commercial Environment
(ACE) by modifying the name of one
data element and allowing certain
authorized importers and licensed
customs brokers to submit the ACE
Cargo Release entry and the Importer
Security Filing (ISF) in a combined
transmission to CBP.
DATES: The ACE Cargo Release Test
modifications set forth in this document
are effective on February 10, 2015. The
ACE Cargo Release Test will run until
approximately November 1, 2015.
ADDRESSES: Comments or questions
concerning this notice and indication of
interest in participation in ACE Cargo
Release Test should be submitted, via
email, to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov. In the
subject line of your email, please use,
‘‘Comment on Combined ACE Cargo
Release and ISF Filing.’’ The body of the
email should identify the ports where
filings are likely to occur.
FOR FURTHER INFORMATION CONTACT: For
policy questions related to ACE, contact
Stephen Hilsen, Director, Business
Transformation, ACE Business Office,
Office of International Trade, at
stephen.r.hilsen@cbp.dhs.gov. For
policy questions related to ISF, contact
Craig Clark, Program Manager, Cargo
and Conveyance Security, Office of
Field Operations, at craig.clark@
cbp.dhs.gov. For technical questions,
contact Steven Zaccaro, Client
Representative Branch, ACE Business
Office, Office of International Trade, at
steven.j.zaccaro@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Dated: February 4, 2015.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
I. Background
[FR Doc. 2015–02593 Filed 2–9–15; 8:45 am]
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement Implementation
Act (Pub. L. 103–182, 107 Stat. 2057,
2170, December 8, 1993) (Customs
Modernization Act). See 19 U.S.C. 1411.
Through NCAP, the initial thrust of
customs modernization was on trade
compliance and the development of the
Automated Commercial Environment
(ACE), the planned successor to the
Automated Commercial System (ACS).
ACE is an automated and electronic
system for commercial trade processing
which is intended to streamline
business processes, facilitate growth in
trade, ensure cargo security, and foster
participation in global commerce, while
ensuring compliance with U.S. laws and
regulations and reducing costs for U.S.
Customs and Border Protection (CBP)
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Announcement of Modification of ACE
Cargo Release Test To Permit the
Combined Filing of Cargo Release and
Importer Security Filing (ISF) Data
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to modify the National
Customs Automation Program (NCAP)
test concerning Cargo Release in the
SUMMARY:
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A. The National Customs Automation
Program
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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
and all of its communities of interest.
The ability to meet these objectives
depends on successfully modernizing
CBP’s business functions and the
information technology that supports
those functions. CBP’s modernization
efforts are accomplished through phased
releases of ACE component
functionality designed to replace
specific legacy ACS functions. Each
release will begin with a test and, if the
test is successful, will end with
implementation of the functionality
through the promulgation of regulations
governing the new ACE feature and the
retirement of the legacy ACS function.
For the convenience of the public, a
chronological listing of Federal Register
publications detailing ACE test
developments is set forth below in
Section VII, entitled, ‘‘Development of
ACE Prototypes.’’ The procedures and
criteria applicable to participation in the
ACE Cargo Release test and prior ACE
tests remain in effect unless otherwise
explicitly changed by this notice.
rljohnson on DSK3VPTVN1PROD with NOTICES
B. ACE Cargo Release Test
On November 9, 2011, CBP published
in the Federal Register (76 FR 69755) a
notice announcing an NCAP test
concerning ACE Simplified Entry to
simplify the entry process by reducing
the number of data elements required to
obtain release for cargo imported by air.
In a general notice titled ‘‘Modification
of National Customs Automation
Program Test Concerning Automated
Commercial Environment (ACE) Cargo
Release’’ published in the Federal
Register (78 FR 66039) on November 4,
2013, CBP modified the ACE Simplified
Entry Test and renamed it the ACE
Cargo Release Test. The ACE Cargo
Release Test provided more capabilities
to test participants and expanded
eligibility by eliminating the CustomsTrade Partnership Against Terrorism
(C–TPAT) status requirement for
importer self-filers and customs brokers.
On February 3, 2014, CBP published a
notice in the Federal Register (79 FR
6210) announcing modification of the
ACE Cargo Release Test to include the
ocean and rail modes of transportation.
C. Importer Security Filing
On November 25, 2008, pursuant to
section 343(a) of the Trade Act of 2002
and section 203 of the Security and
Accountability for Every (SAFE) Port
Act of 2006, CBP published an interim
final rule titled Importer Security Filing
and Additional Carrier Requirements in
the Federal Register (73 FR 71730). That
interim final rule required importers
and carriers to submit certain
information pertaining to maritime
cargo prior to loading on vessels at
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foreign seaports by means of a CBPapproved electronic data interchange
(EDI) system. On March 29, 2012, CBP
published a notice in the Federal
Register (77 FR 19030) announcing that,
as of September 29, 2012, ACE is the
only CBP-approved EDI for carriers to
transmit required advance ocean cargo
information, including ISF data.
The interim final rule, which is
commonly known as the ‘‘Importer
Security Filing’’ (ISF) or ‘‘10 + 2’’ rule,
generally requires the ISF Importer to
transmit certain cargo information
consisting of 10 data elements for
security purposes to CBP at least 24
hours before goods are loaded onto an
ocean vessel destined for the United
States. The ISF Importer is also required
to transmit information regarding the
container stuffing location and
consolidator (stuffer) to CBP no later
than 24 hours prior to arrival in a U.S.
port or upon lading at a foreign port that
is less than a 24 hour voyage to the
closest U.S. port. See 19 CFR 149.2 and
149.3. Section 149.6 allows ISF data to
be filed via the same electronic
transmission as entry or entry/entry
summary documentation pursuant to 19
CFR 142.3. CBP currently accepts this
combined transmission through ACS.
Now, as explained in Section III.B.
below, ACE, under the ACE Cargo
Release Test, has this functionality.
Accordingly, in this notice, CBP
announces it will be testing the filing of
the combined transmission under ACE
for filers participating in the ACE Cargo
Release test. Until this functionality is
generally available, anyone wishing to
file a combined transmission who is not
a participant in the ACE Cargo Release
test should continue to use ACS to make
that transmission. Although the interim
final rule also requires the incoming
carrier to provide additional
information in advance as provided in
19 CFR 4.7a, these additional
information requirements for carriers
are not relevant to the ACE Cargo
Release Test.
The ISF Importer is defined in 19 CFR
149.1 as the party causing goods to
arrive within the limits of a U.S. port by
vessel. Section 149.1 further provides
that except for certain types of
shipments not relevant to the ACE Cargo
Release Test, the ISF Importer will be
the goods’ owner, purchaser, consignee,
or agent such as a licensed customs
broker.
II. Authorization for Modification of the
ACE Cargo Release Test
The Customs Modernization Act
provides the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
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evaluate planned components of the
NCAP. The ACE Cargo Release Test, as
modified in this notice, is authorized
pursuant to § 101.9(b) of title 19 of the
Code of Federal Regulations (19 CFR
101.9(b)), which provides for the testing
of NCAP programs or procedures. See
Treasury Decision (T.D.) 95–21.
III. Modifications of ACE Cargo Release
Test
A. Modification of One of the ACE Cargo
Release Data Elements
CBP is modifying one of the data
elements required under the ACE Cargo
Release Test. CBP is renaming the data
element ‘‘Buyer Employer Identification
Number (consignee number)’’ to
‘‘Consignee Number.’’ See data element
3 highlighted below. The definition of
‘‘Consignee Number’’ is specified in 19
CFR 149.3. This is the same definition
that applied previously.
The ACE Cargo Release data elements,
as modified by this general notice, are:
(1) Importer of Record Number.
(2) Buyer name and address.
(3) Consignee Number.
(4) Seller name and address.
(5) Manufacturer/supplier name and
address.
(6) HTS 10-digit number.
(7) Country of origin.
(8) Bill of lading.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
(13) Bill Quantity (The quantity of
shipping units shown in the bill of
lading. If the bill of lading quantity is
specified in the entry, it becomes the
entered and released quantity for that
bill. If the bill quantity is not specified,
full bill quantity will be entered and
released for that bill).
Data element (1) and data elements (6)
through (12) are defined in the same
manner as when they are used for entry
filing. Data elements (2) through (5) are
defined in accordance with the
provisions of 19 CFR 149.3.
B. Modification of ACE Cargo Release
Test To Permit the Combined
Submission of ACE Cargo Release and
ISF Data
CBP is also modifying the ACE Cargo
Release Test to permit the transmission
of ACE Cargo Release and ISF data in a
combined submission when certain
requirements are met. In order to
participate in the ACE Cargo Release
Test and submit ACE entry and ISF data
in a combined submission, filers must
meet certain eligibility, data, timeliness,
and other requirements.
1. Eligibility for combined filing: In
order to file a combined submission the
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filer must meet the definition of an ISF
Importer as defined in § 149.1 and be
either a: (1) Self-filing importer who has
the ability to file ACE Entry Summaries
certified for cargo release or a broker
who has the ability to file ACE Entry
Summaries certified for cargo release; or
(2) self-filing importer or broker who
has stated his or her intent to file entry
summaries in ACE in its request to
participate in the test. Parties seeking to
participate in this test must use a
software package that has completed
ABI certification testing for ACE and
offers the ACE Cargo Release message
set prior to transmitting data under the
test. See the General Notice of August
26, 2008 (73 FR 50337) for a complete
discussion on the procedures for
obtaining an ACE Portal Account.
Importers not self-filing must ensure
their broker has the capability to file
entry summaries in ACE. Although the
ACE Cargo Release Test is open to all
importers and customs brokers filing
ACE Entry Summaries for cargo
transported in the air, ocean and rail
modes, the ISF is required only for cargo
transported by vessel in the ocean mode
of transportation. Therefore, the
combined submission is available only
for cargo transported by vessel. Entries
requiring Partner Government Agency
(PGA) information and certification
from entry summary are not available
for a combined filing at this time.
2. Procedures for combined filing:
Any party seeking to file a combined
submission that is not already a
participant in the ACE Cargo Release
Test must request to participate in the
test and provide their filer code to CBP
and identify the port(s) at which they
are interested in filing their combined
ACE Cargo Release and ISF data. For a
description of the application process
and selection criteria for the ACE Cargo
Release Test see the instruction
published in the general notice titled
‘‘Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers,’’ 79 FR 6210
(February 3, 2014). A party that is
currently participating in the ACE Cargo
Release Test may file a combined
submission after notifying their ACE
account representative.
3. Additional data elements required
for combined filing: To submit a
combined filing, importers and customs
brokers need to transmit the following
data elements: (1) The ACE Cargo
Release data elements, as described and
modified in Section III. A and (2) the
three data elements listed below, as
defined in 19 CFR 149.3. The three
additional data elements are:
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(1) Ship to party.
(2) Container stuffing location.
(3) Consolidator (stuffer).
4. Timeframe for the combined filing:
Because the applicable timeframes for
submitting ISF data as set forth in 19
CFR part 149 are earlier than the
required timeframe for submitting ACE
Cargo Release data, test participants
must transmit all of the required
information within the applicable
timeframes specified in 19 CFR part
149. With certain exceptions, the ISF
Importer must transmit the ISF data no
later than 24 hours before the cargo is
laden aboard the vessel at the foreign
port. See 19 CFR 149.2 and 149.3.
5. Other requirements: The
submission of a combined filing does
not relieve the ISF Importer of any of its
other obligations under 19 CFR part 149.
With regard to the submission of ISF
data, test participants should be aware
that they will not be able to utilize the
ISF flexible filing provisions in 19 CFR
149.2(f) (which permits the ISF Importer
to submit an initial response for four of
the data elements based on the best
available data available and to update
the information as soon as more precise
or more accurate information is
available) if they submit a combined
filing. This limitation is necessary
because the Cargo Release information
will be used by CBP to make
determinations regarding the
admissibility of imported merchandise.
Upon receipt of the ACE Cargo
Release data and the three additional
ISF data elements, CBP will process the
submission and separately transmit the
ISF filing response and cargo release
decision to the filer. As provided in 19
CFR 141.68(e), the merchandise will not
be considered to be entered until the
merchandise has arrived in the port
with the intent to unlade.
6. Test duration: The ACE Cargo
Release Test, as modified, will run until
approximately November 1, 2015.
IV. Misconduct Under the Test
The terms for misconduct under the
ACE Cargo Release Test set forth in 78
FR 66039 (November 4, 2013) continue
to apply.
V. Previous Notices
All requirements and aspects of the
ACE test discussed in previous notices
are hereby incorporated by reference
into this notice and continue to be
applicable, unless changed by this
notice.
VI. Paperwork Reduction Act
The collection of information for the
ACE Cargo Release Test and ISF have
been approved by the Office of
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7489
Management and Budget (OMB) in
accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C.
3507). The OMB information collection
number for the ACE Cargo Release Test
is 1651–0024 and the OMB information
collection number for ISF is 1651–0001.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a valid control number
assigned by OMB.
VII. Development of ACE Prototypes
A chronological listing of Federal
Register publications detailing ACE test
developments is set forth below.
• ACE Portal Accounts and
Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 70 FR 5199
(February 1, 2005); 69 FR 5360 and 69
FR 5362 (February 4, 2004); 69 FR
54302 (September 8, 2004).
• ACE System of Records Notice: 71
FR 3109 (January 19, 2006).
• Terms/Conditions for Access to the
ACE Portal and Subsequent Revisions:
72 FR 27632 (May 16, 2007); 73 FR
38464 (July 7, 2008).
• ACE Non-Portal Accounts and
Related Notice: 70 FR 61466 (October
24, 2005); 71 FR 15756 (March 29,
2006).
• ACE Entry Summary, Accounts and
Revenue (ESAR I) Capabilities: 72 FR
59105 (October 18, 2007).
• ACE Entry Summary, Accounts and
Revenue (ESAR II) Capabilities: 73 FR
50337 (August 26, 2008); 74 FR 9826
(March 6, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR III) Capabilities: 74 FR
69129 (December 30, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR IV) Capabilities: 76 FR
37136 (June 24, 2011).
• Post-Entry Amendment (PEA)
Processing Test: 76 FR 37136 (June 24,
2011).
• ACE Announcement of a New Start
Date for the National Customs
Automation Program Test of Automated
Manifest Capabilities for Ocean and Rail
Carriers: 76 FR 42721 (July 19, 2011).
• ACE Simplified Entry: 76 FR 69755
(November 9, 2011).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Document Image System (DIS): 77
FR 20835 (April 6, 2012).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Simplified Entry: Modification of
Participant Selection Criteria and
Application Process: 77 FR 48527
(August 14, 2012).
• Modification of NCAP Test
Regarding Reconciliation for Filing
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Certain Post-Importation Preferential
Tariff Treatment Claims under Certain
FTAs: 78 FR 27984 (May 13, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE): 78 FR 44142 (July
23, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE); Correction: 78 FR
53466 (August 29, 2013).
• Modification of NCAP Test
Concerning Automated Commercial
Environment (ACE) Cargo Release
(formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
• Post-Summary Corrections to Entry
Summaries Filed in ACE Pursuant to the
ESAR IV Test: Modifications and
Clarifications: 78 FR 69434 (November
19, 2013).
• National Customs Automation
Program (NCAP) Test Concerning the
Submission of Certain Data Required by
the Environmental Protection Agency
and the Food Safety and Inspection
Service Using the Partner Government
Agency Message Set Through the
Automated Commercial Environment
(ACE): 78 FR 75931 (December 13,
2013).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers: 79 FR 6210
(February 3, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release To
Allow Importers and Brokers To Certify
From ACE Entry Summary: 79 FR 24744
(May 1, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Truck Carriers: 79 FR 25142 (May 2,
2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment Document Image System:
79 FR 36083 (June 25, 2014).
Dated: February 5, 2015.
Sandra L. Bell,
Acting Assistant Commissioner, Office of
International Trade.
[FR Doc. 2015–02719 Filed 2–9–15; 8:45 am]
BILLING CODE P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–FHC–2015–N033; FF05F24400–
FXFR13350500000]
Proposed Information Collection;
Horseshoe Crab Tagging Program
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on May 31,
2015. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by April 13, 2015.
ADDRESSES: Send your comments on the
IC to the Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or hope_grey@fws.gov
(email). Please include ‘‘1018–0127’’ in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Hope Grey at hope_
grey@fws.gov (email) or 703–358–2482
(telephone).
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Abstract
Horseshoe crabs play a vital role
commercially, biomedically, and
ecologically along the Atlantic coast.
Horseshoe crabs are commercially
harvested and used as bait in eel and
conch fisheries. Biomedical companies
along the coast also collect and bleed
horseshoe crabs at their facilities.
Limulus Amoebocyte Lysate is derived
from crab blood, which has no synthetic
substitute, and is used by
pharmaceutical companies to test
sterility of products. Finally, migratory
shorebirds also depend on the eggs of
horseshoe crabs to refuel on their
migrations from South America to the
Arctic. One bird in particular, the red
knot, feeds primarily on horseshoe crab
eggs during its stopover. Effective
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January 12, 2015, this species was listed
as threatened under the Endangered
Species Act.
In 1998, the Atlantic States Marine
Fisheries Commission (ASMFC), a
management organization with
representatives from each State on the
Atlantic Coast, developed a horseshoe
crab management plan. The ASMFC
plan and its subsequent addenda
established mandatory State-by-State
harvest quotas, and created the 1,500square-mile Carl N. Shuster, Jr.,
Horseshoe Crab Sanctuary off the mouth
of Delaware Bay.
Restrictive measures have been taken
in recent years, but populations are
increasing slowly. Because horseshoe
crabs do not breed until they are 9 years
or older, it may take some time before
the population measurably increases.
Federal and State agencies, universities,
and biomedical companies participate
in a Horseshoe Crab Cooperative
Tagging Program. The Maryland Fishery
Resources Office, U.S. Fish and Wildlife
Service, maintains the information that
we collect under this program and uses
it to evaluate migratory patterns,
survival, and abundance of horseshoe
crabs.
Agencies that tag and release the crabs
complete FWS Form 3–2311 (Horseshoe
Crab Tagging) and provide the Service
with:
• Organization name.
• Contact person name.
• Tag number.
• Sex of crab.
• Prosomal width.
• Capture site, latitude, longitude,
waterbody, State, and date.
Members of the public who recover
tagged crabs provide the following
information using FWS Form 3–2310
(Horseshoe Crab Recapture Report):
• Tag number.
• Whether or not tag was removed.
• Whether the tag was circular or
square.
• Condition of crab.
• Date captured/found.
• Crab fate.
• Finder type.
• Capture method.
• Capture location.
• Reporter information.
• Comments.
If the public participant who reports
the tagged crab requests information, we
send data pertaining to the tagging
program and tag and release information
on the horseshoe crab that was found or
captured.
I. Data
OMB Control Number: 1018–0127.
Title: Horseshoe Crab Tagging
Program.
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7487-7490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02719]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Announcement of Modification of ACE Cargo Release Test To Permit
the Combined Filing of Cargo Release and Importer Security Filing (ISF)
Data
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces U.S. Customs and Border Protection's
(CBP's) plan to modify the National Customs Automation Program (NCAP)
test concerning Cargo Release in the Automated Commercial Environment
(ACE) by modifying the name of one data element and allowing certain
authorized importers and licensed customs brokers to submit the ACE
Cargo Release entry and the Importer Security Filing (ISF) in a
combined transmission to CBP.
DATES: The ACE Cargo Release Test modifications set forth in this
document are effective on February 10, 2015. The ACE Cargo Release Test
will run until approximately November 1, 2015.
ADDRESSES: Comments or questions concerning this notice and indication
of interest in participation in ACE Cargo Release Test should be
submitted, via email, to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov. In the subject line of your email, please
use, ``Comment on Combined ACE Cargo Release and ISF Filing.'' The body
of the email should identify the ports where filings are likely to
occur.
FOR FURTHER INFORMATION CONTACT: For policy questions related to ACE,
contact Stephen Hilsen, Director, Business Transformation, ACE Business
Office, Office of International Trade, at stephen.r.hilsen@cbp.dhs.gov.
For policy questions related to ISF, contact Craig Clark, Program
Manager, Cargo and Conveyance Security, Office of Field Operations, at
craig.clark@cbp.dhs.gov. For technical questions, contact Steven
Zaccaro, Client Representative Branch, ACE Business Office, Office of
International Trade, at steven.j.zaccaro@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat.
2057, 2170, December 8, 1993) (Customs Modernization Act). See 19
U.S.C. 1411. Through NCAP, the initial thrust of customs modernization
was on trade compliance and the development of the Automated Commercial
Environment (ACE), the planned successor to the Automated Commercial
System (ACS). ACE is an automated and electronic system for commercial
trade processing which is intended to streamline business processes,
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while ensuring compliance with U.S.
laws and regulations and reducing costs for U.S. Customs and Border
Protection (CBP)
[[Page 7488]]
and all of its communities of interest. The ability to meet these
objectives depends on successfully modernizing CBP's business functions
and the information technology that supports those functions. CBP's
modernization efforts are accomplished through phased releases of ACE
component functionality designed to replace specific legacy ACS
functions. Each release will begin with a test and, if the test is
successful, will end with implementation of the functionality through
the promulgation of regulations governing the new ACE feature and the
retirement of the legacy ACS function.
For the convenience of the public, a chronological listing of
Federal Register publications detailing ACE test developments is set
forth below in Section VII, entitled, ``Development of ACE
Prototypes.'' The procedures and criteria applicable to participation
in the ACE Cargo Release test and prior ACE tests remain in effect
unless otherwise explicitly changed by this notice.
B. ACE Cargo Release Test
On November 9, 2011, CBP published in the Federal Register (76 FR
69755) a notice announcing an NCAP test concerning ACE Simplified Entry
to simplify the entry process by reducing the number of data elements
required to obtain release for cargo imported by air. In a general
notice titled ``Modification of National Customs Automation Program
Test Concerning Automated Commercial Environment (ACE) Cargo Release''
published in the Federal Register (78 FR 66039) on November 4, 2013,
CBP modified the ACE Simplified Entry Test and renamed it the ACE Cargo
Release Test. The ACE Cargo Release Test provided more capabilities to
test participants and expanded eligibility by eliminating the Customs-
Trade Partnership Against Terrorism (C-TPAT) status requirement for
importer self-filers and customs brokers. On February 3, 2014, CBP
published a notice in the Federal Register (79 FR 6210) announcing
modification of the ACE Cargo Release Test to include the ocean and
rail modes of transportation.
C. Importer Security Filing
On November 25, 2008, pursuant to section 343(a) of the Trade Act
of 2002 and section 203 of the Security and Accountability for Every
(SAFE) Port Act of 2006, CBP published an interim final rule titled
Importer Security Filing and Additional Carrier Requirements in the
Federal Register (73 FR 71730). That interim final rule required
importers and carriers to submit certain information pertaining to
maritime cargo prior to loading on vessels at foreign seaports by means
of a CBP-approved electronic data interchange (EDI) system. On March
29, 2012, CBP published a notice in the Federal Register (77 FR 19030)
announcing that, as of September 29, 2012, ACE is the only CBP-approved
EDI for carriers to transmit required advance ocean cargo information,
including ISF data.
The interim final rule, which is commonly known as the ``Importer
Security Filing'' (ISF) or ``10 + 2'' rule, generally requires the ISF
Importer to transmit certain cargo information consisting of 10 data
elements for security purposes to CBP at least 24 hours before goods
are loaded onto an ocean vessel destined for the United States. The ISF
Importer is also required to transmit information regarding the
container stuffing location and consolidator (stuffer) to CBP no later
than 24 hours prior to arrival in a U.S. port or upon lading at a
foreign port that is less than a 24 hour voyage to the closest U.S.
port. See 19 CFR 149.2 and 149.3. Section 149.6 allows ISF data to be
filed via the same electronic transmission as entry or entry/entry
summary documentation pursuant to 19 CFR 142.3. CBP currently accepts
this combined transmission through ACS. Now, as explained in Section
III.B. below, ACE, under the ACE Cargo Release Test, has this
functionality. Accordingly, in this notice, CBP announces it will be
testing the filing of the combined transmission under ACE for filers
participating in the ACE Cargo Release test. Until this functionality
is generally available, anyone wishing to file a combined transmission
who is not a participant in the ACE Cargo Release test should continue
to use ACS to make that transmission. Although the interim final rule
also requires the incoming carrier to provide additional information in
advance as provided in 19 CFR 4.7a, these additional information
requirements for carriers are not relevant to the ACE Cargo Release
Test.
The ISF Importer is defined in 19 CFR 149.1 as the party causing
goods to arrive within the limits of a U.S. port by vessel. Section
149.1 further provides that except for certain types of shipments not
relevant to the ACE Cargo Release Test, the ISF Importer will be the
goods' owner, purchaser, consignee, or agent such as a licensed customs
broker.
II. Authorization for Modification of the ACE Cargo Release Test
The Customs Modernization Act provides the Commissioner of CBP with
authority to conduct limited test programs or procedures designed to
evaluate planned components of the NCAP. The ACE Cargo Release Test, as
modified in this notice, is authorized pursuant to Sec. 101.9(b) of
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)), which
provides for the testing of NCAP programs or procedures. See Treasury
Decision (T.D.) 95-21.
III. Modifications of ACE Cargo Release Test
A. Modification of One of the ACE Cargo Release Data Elements
CBP is modifying one of the data elements required under the ACE
Cargo Release Test. CBP is renaming the data element ``Buyer Employer
Identification Number (consignee number)'' to ``Consignee Number.'' See
data element 3 highlighted below. The definition of ``Consignee
Number'' is specified in 19 CFR 149.3. This is the same definition that
applied previously.
The ACE Cargo Release data elements, as modified by this general
notice, are:
(1) Importer of Record Number.
(2) Buyer name and address.
(3) Consignee Number.
(4) Seller name and address.
(5) Manufacturer/supplier name and address.
(6) HTS 10-digit number.
(7) Country of origin.
(8) Bill of lading.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
(13) Bill Quantity (The quantity of shipping units shown in the
bill of lading. If the bill of lading quantity is specified in the
entry, it becomes the entered and released quantity for that bill. If
the bill quantity is not specified, full bill quantity will be entered
and released for that bill).
Data element (1) and data elements (6) through (12) are defined in
the same manner as when they are used for entry filing. Data elements
(2) through (5) are defined in accordance with the provisions of 19 CFR
149.3.
B. Modification of ACE Cargo Release Test To Permit the Combined
Submission of ACE Cargo Release and ISF Data
CBP is also modifying the ACE Cargo Release Test to permit the
transmission of ACE Cargo Release and ISF data in a combined submission
when certain requirements are met. In order to participate in the ACE
Cargo Release Test and submit ACE entry and ISF data in a combined
submission, filers must meet certain eligibility, data, timeliness, and
other requirements.
1. Eligibility for combined filing: In order to file a combined
submission the
[[Page 7489]]
filer must meet the definition of an ISF Importer as defined in Sec.
149.1 and be either a: (1) Self-filing importer who has the ability to
file ACE Entry Summaries certified for cargo release or a broker who
has the ability to file ACE Entry Summaries certified for cargo
release; or (2) self-filing importer or broker who has stated his or
her intent to file entry summaries in ACE in its request to participate
in the test. Parties seeking to participate in this test must use a
software package that has completed ABI certification testing for ACE
and offers the ACE Cargo Release message set prior to transmitting data
under the test. See the General Notice of August 26, 2008 (73 FR 50337)
for a complete discussion on the procedures for obtaining an ACE Portal
Account. Importers not self-filing must ensure their broker has the
capability to file entry summaries in ACE. Although the ACE Cargo
Release Test is open to all importers and customs brokers filing ACE
Entry Summaries for cargo transported in the air, ocean and rail modes,
the ISF is required only for cargo transported by vessel in the ocean
mode of transportation. Therefore, the combined submission is available
only for cargo transported by vessel. Entries requiring Partner
Government Agency (PGA) information and certification from entry
summary are not available for a combined filing at this time.
2. Procedures for combined filing: Any party seeking to file a
combined submission that is not already a participant in the ACE Cargo
Release Test must request to participate in the test and provide their
filer code to CBP and identify the port(s) at which they are interested
in filing their combined ACE Cargo Release and ISF data. For a
description of the application process and selection criteria for the
ACE Cargo Release Test see the instruction published in the general
notice titled ``Modification of National Customs Automation Program
(NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo
Release for Ocean and Rail Carriers,'' 79 FR 6210 (February 3, 2014). A
party that is currently participating in the ACE Cargo Release Test may
file a combined submission after notifying their ACE account
representative.
3. Additional data elements required for combined filing: To submit
a combined filing, importers and customs brokers need to transmit the
following data elements: (1) The ACE Cargo Release data elements, as
described and modified in Section III. A and (2) the three data
elements listed below, as defined in 19 CFR 149.3. The three additional
data elements are:
(1) Ship to party.
(2) Container stuffing location.
(3) Consolidator (stuffer).
4. Timeframe for the combined filing: Because the applicable
timeframes for submitting ISF data as set forth in 19 CFR part 149 are
earlier than the required timeframe for submitting ACE Cargo Release
data, test participants must transmit all of the required information
within the applicable timeframes specified in 19 CFR part 149. With
certain exceptions, the ISF Importer must transmit the ISF data no
later than 24 hours before the cargo is laden aboard the vessel at the
foreign port. See 19 CFR 149.2 and 149.3.
5. Other requirements: The submission of a combined filing does not
relieve the ISF Importer of any of its other obligations under 19 CFR
part 149. With regard to the submission of ISF data, test participants
should be aware that they will not be able to utilize the ISF flexible
filing provisions in 19 CFR 149.2(f) (which permits the ISF Importer to
submit an initial response for four of the data elements based on the
best available data available and to update the information as soon as
more precise or more accurate information is available) if they submit
a combined filing. This limitation is necessary because the Cargo
Release information will be used by CBP to make determinations
regarding the admissibility of imported merchandise.
Upon receipt of the ACE Cargo Release data and the three additional
ISF data elements, CBP will process the submission and separately
transmit the ISF filing response and cargo release decision to the
filer. As provided in 19 CFR 141.68(e), the merchandise will not be
considered to be entered until the merchandise has arrived in the port
with the intent to unlade.
6. Test duration: The ACE Cargo Release Test, as modified, will run
until approximately November 1, 2015.
IV. Misconduct Under the Test
The terms for misconduct under the ACE Cargo Release Test set forth
in 78 FR 66039 (November 4, 2013) continue to apply.
V. Previous Notices
All requirements and aspects of the ACE test discussed in previous
notices are hereby incorporated by reference into this notice and
continue to be applicable, unless changed by this notice.
VI. Paperwork Reduction Act
The collection of information for the ACE Cargo Release Test and
ISF have been approved by the Office of Management and Budget (OMB) in
accordance with the requirements of the Paperwork Reduction Act (44
U.S.C. 3507). The OMB information collection number for the ACE Cargo
Release Test is 1651-0024 and the OMB information collection number for
ISF is 1651-0001. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a valid control number assigned by OMB.
VII. Development of ACE Prototypes
A chronological listing of Federal Register publications detailing
ACE test developments is set forth below.
ACE Portal Accounts and Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 70 FR 5199 (February 1, 2005); 69 FR 5360 and 69
FR 5362 (February 4, 2004); 69 FR 54302 (September 8, 2004).
ACE System of Records Notice: 71 FR 3109 (January 19,
2006).
Terms/Conditions for Access to the ACE Portal and
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7,
2008).
ACE Non-Portal Accounts and Related Notice: 70 FR 61466
(October 24, 2005); 71 FR 15756 (March 29, 2006).
ACE Entry Summary, Accounts and Revenue (ESAR I)
Capabilities: 72 FR 59105 (October 18, 2007).
ACE Entry Summary, Accounts and Revenue (ESAR II)
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6,
2009).
ACE Entry Summary, Accounts and Revenue (ESAR III)
Capabilities: 74 FR 69129 (December 30, 2009).
ACE Entry Summary, Accounts and Revenue (ESAR IV)
Capabilities: 76 FR 37136 (June 24, 2011).
Post-Entry Amendment (PEA) Processing Test: 76 FR 37136
(June 24, 2011).
ACE Announcement of a New Start Date for the National
Customs Automation Program Test of Automated Manifest Capabilities for
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Document Image System
(DIS): 77 FR 20835 (April 6, 2012).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Simplified Entry:
Modification of Participant Selection Criteria and Application Process:
77 FR 48527 (August 14, 2012).
Modification of NCAP Test Regarding Reconciliation for
Filing
[[Page 7490]]
Certain Post-Importation Preferential Tariff Treatment Claims under
Certain FTAs: 78 FR 27984 (May 13, 2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23,
2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466
(August 29, 2013).
Modification of NCAP Test Concerning Automated Commercial
Environment (ACE) Cargo Release (formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
Post-Summary Corrections to Entry Summaries Filed in ACE
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR
69434 (November 19, 2013).
National Customs Automation Program (NCAP) Test Concerning
the Submission of Certain Data Required by the Environmental Protection
Agency and the Food Safety and Inspection Service Using the Partner
Government Agency Message Set Through the Automated Commercial
Environment (ACE): 78 FR 75931 (December 13, 2013).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release To
Allow Importers and Brokers To Certify From ACE Entry Summary: 79 FR
24744 (May 1, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Truck Carriers: 79 FR 25142 (May 2, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment Document Image System:
79 FR 36083 (June 25, 2014).
Dated: February 5, 2015.
Sandra L. Bell,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-02719 Filed 2-9-15; 8:45 am]
BILLING CODE P
