Automated Commercial Environment (ACE): Announcement of a National Customs Automation Program Test of Automated Manifest Capabilities for Ocean and Rail Carriers, 64737-64741 [2010-26428]

Download as PDF Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices committees and, therefore, encourages nominations of qualified candidates from these groups. DATES: Nominations received by November 19, 2010, will be given first consideration for membership on the Science Board. Nominations received after November 19, 2010, will be considered for nomination to the committee should nominees still be needed. All nominations for membership should be sent electronically to CV@FDA.HHS.GOV, or by mail to Advisory Committee Oversight and Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993–0002. Information about becoming a member on an FDA advisory committee can also be obtained by visiting FDA’s Web site at https://www.fda.gov/oc/advisory/ default.htm. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Regarding all nomination questions for membership: Donna L. Mentch, Office of the Commissioner, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4203, Silver Spring, MD 20993–0002, 301–796–8523, FAX: 301–847–8617, donna.mentch@fda.hhs.gov. FDA is requesting nominations for voting members on the Science Board to FDA. SUPPLEMENTARY INFORMATION: I. General Function of the Committee wireless health care devices, nanotechnology, and combination products. Members shall be chosen from academia and industry. The Science Board may include one technically qualified member, selected by the Commissioner or designee, who is identified with consumer interests and is recommended by either a consortium of consumer-oriented organizations or other interested persons. The Science Board may also include technically qualified Federal members. III. Nomination Procedures Any interested person may nominate one or more qualified persons for membership on the Science Board. Selfnominations are also accepted. Nominations must include a current, complete resume or curriculum vitae for each nominee, current business and/or home address, telephone number, and email address if available. Nominations must specify the advisory committee for which the nominee is recommended. Nominations must also acknowledge that the nominee is aware of the nomination, unless self-nominated. FDA will ask potential candidates to provide detailed information concerning such matters as financial holdings, employment, and research grants and/or contracts. This notice is issued under the Federal Advisory Committee Act (5 U.S.C. app. 2) and 21 CFR part 14 relating to advisory committees. Dated: October 15, 2010. Jill Hartzler Warner, Acting Associate Commissioner for Special Medical Programs. II. Criteria for Voting Members emcdonald on DSK2BSOYB1PROD with NOTICES The Science Board shall provide advice primarily to the Commissioner of FDA (the Commissioner) and other appropriate officials on specific complex and technical issues as well as emerging issues within the scientific community. Additionally, the Science Board will provide advice to the Agency on keeping pace with technical and scientific evolutions in the fields of regulatory science, on formulating an appropriate research agenda, and on upgrading its scientific and research facilities to keep pace with these changes. It will also provide the means for critical review of Agency sponsored intramural and extramural scientific research programs. AGENCY: FDA is requesting nominations of voting members with appropriate expertise in the following fields of food safety, nutrition, chemistry, pharmacology, toxicology, clinical research, epidemiology, product safety, product manufacturing sciences and quality or other scientific areas relevant to FDA regulated products such as systems biology, bioinformatics, VerDate Mar<15>2010 17:54 Oct 19, 2010 Jkt 223001 [FR Doc. 2010–26400 Filed 10–19–10; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Automated Commercial Environment (ACE): Announcement of a National Customs Automation Program Test of Automated Manifest Capabilities for Ocean and Rail Carriers U.S. Customs and Border Protection, DHS. ACTION: General notice. U.S. Customs and Border Protection (CBP) will be conducting a National Customs Automation Program test concerning the transmission of required advance ocean and rail data through the Automated Commercial Environment (ACE). This notice provides a description of the test SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 64737 process, sets forth eligibility criteria for participation, opens the application period for participation, outlines the development and evaluation methodology to be used, and invites public comments. Additionally, this notice advises the public that shortly after the successful completion of the test, CBP intends to publish a notice in the Federal Register announcing that ACE will be the only CBP-approved electronic data interchange (EDI) for submitting advance ocean and rail data and intends to amend the regulations as necessary. DATES: CBP will start accepting applications on October 20, 2010. Selected applicants will be notified by CBP and will then undergo a certification process to be followed by active testing. The active test will commence no earlier than December 22, 2010 and will run for no less than 90 days. Comments concerning this notice and all aspects of the announced test may be submitted at any time during the test period. ADDRESSES: Applications to participate in the test should be sent to Susan Maskell at Susan.Maskell@dhs.gov. Please describe in the body of the e-mail any past EDI history with CBP. Written comments concerning program and policy issues should be sent to ACEM1POLICY@cbp.dhs.gov. Please indicate in the subject line whether the comment relates to ocean carriers, rail carriers, or both. FOR FURTHER INFORMATION CONTACT: Interested parties should direct any questions to their assigned Client Representative. Interested parties without an assigned Client Representative should direct their questions to the Client Representative Branch at 571–468–5500. SUPPLEMENTARY INFORMATION: Background The National Customs Automation Program (NCAP) was established in 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 E:\FR\FM\20OCN1.SGM 20OCN1 64738 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices current functionality. However, test participants will receive the additional benefits and functionality ACE provides. The deployment of ocean and rail manifest data through ACE continues to lay the foundation for a multimodal database that will eventually host all modes of transportation, including air. Upon commencement of this test, ACE will be the system of record for ocean and rail data at all ports for test participants, therefore replacing ACS as their system of record. See ACE Systems of Record Notice (71 FR 3109), published in the Federal Register on January 19, 2006. As such, the creation and maintenance of specified data elements will originate in ACE and will be distributed to other CBP systems. Ocean and Rail Data This document is announcing a test to allow ocean and rail data to be transmitted to ACE. The data includes the advance cargo information required by section 343 of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002 (see 68 FR 68140, December 5, 2003), and the advance data ocean carriers are required to provide pursuant to the importer security filing and additional carrier requirements interim final rule, commonly known as 10 + 2 (see 73 FR 71730, November 25, 2008).1 Currently, this information is required to be transmitted via ACS in advance of arrival through a CBP-approved electronic data interchange (EDI). For ocean and rail carriers, the CBPapproved EDI is the Automated Manifest System (AMS). Ocean carriers use Vessel AMS and rail carriers use Rail AMS and the data is transmitted using one of the following AMScompatible software data standards: ANSI X12, CAMIR, UN/EDIFACT, or BAPLIE. Currently, brokers submitting the advance data required by 10 + 2 use the Automated Broker Interface (ABI)compatible software data standard known as CATAIR. See the Implementation of the Test section below for further explanation concerning the different software data standards. As explained in further detail below, test participants will retain all of their emcdonald on DSK2BSOYB1PROD with NOTICES participation in global commerce, while ensuring compliance with U.S. laws and regulations and reducing costs for U.S. Customs and Border Protection (CBP) 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 a specific legacy ACS function. Each release will begin with a test and will end with mandatory compliance with the new ACE feature, thus retiring the legacy ACS function. Each release builds on previous releases and sets the foundation for subsequent releases. Authorization for the 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. This test is authorized pursuant to § 101.9(b) of the CBP Regulations (19 CFR 101.9(b)) which provides for the testing of NCAP programs or procedures. This test is being conducted pursuant to this authority. 1 For specific information about the requirements to provide advance cargo information to CBP, please see the following sections of title 19 of the Code of Federal Regulations (CFR): 4.7 Inward foreign manifest; production on demand; contents and form; advance filing of cargo declaration; 4.7a Inward manifest; information required; alternative forms; 4.7c Vessel stow plan; 4.7d Container status messages, 123.91 Electronic information for rail cargo required in advance of arrival; and part 149 Importer Security Filing. VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 Implementation of the Test With the publication of this notice CBP will begin accepting applications from all transmitters of required advance ocean and rail data who wish to participate in the test. Interested applicants should contact Susan Maskell (susan.maskell@dhs.gov) in the form of an e-mail stating their qualifications based on the below referenced selection criteria, past EDI history with CBP, and their technical specifications. The e-mail should also include a point of contact. Applications will be accepted throughout the duration of the test and will be processed in the order in which they are received. Test participants will be chosen based on the selection criteria established by CBP (explained below in the Test Participant Selection Criteria section) and will be notified directly if they are chosen to participate in the initial test. Currently, AMS and ABI users are responsible for developing or procuring AMS or ABI-compatible software for transmitting the required advance data to CBP. The following is a list of current AMS or ABI-compatible software: • ANSI X12—The proprietary EDI data standard of the American National Standards Institute (ANSI). This is the standard currently used by most rail and many ocean AMS transmitters. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 • CAMIR—Customs Automated Manifest Interface Requirements. This is the CBP proprietary EDI data standard developed to allow ocean manifest transmitters a standard format to send their data to CBP. • UN/EDIFACT—The United Nations Electronic Data Interchange for Administration of Commerce and Transport. This is the EDI data standard developed and maintained by the United Nations. • BAPLIE—Bayplan/Stowage Plan Occupied and Empty Locations. This is a data message set of the UN/EDIFACT EDI data format to standardize the transmission of stowage plans associated with containerized cargo. • CATAIR—Customs And Trade Automated Interface Requirements. This is a CBP proprietary EDI data standard used primarily for the ABI but also used for in-bond transactions, ISF, and customhouse broker queries of CBP manifest systems. Test Participant Selection Criteria CBP has selected its criteria for test participants to include each type of current transmitter of required advance data for ocean and rail and each type of AMS or ABI-compatible software during the test to ensure compatibility with ACE. Specifically, CBP is looking for test participants to include: • 2–3 Ocean Carriers. At least one must be filing manifests and transmitting unified manifest/ISF data using X12 and one must be using CAMIR message formats. Carrier applicants must also be submitting stow plans via BAPLIE (UN/EDIFACT). • 2 Service Centers. One using X12 message formats and one using CAMIR message formats. Each service center must have at least one client filing manifests and transmitting unified manifest/ISF data and who is also submitting stow plans via BAPLIE (UN/ EDIFACT). • 1 Port Authority. Preferably one that both sends and receives data. • 2 Terminal Operators. One using X12 message formats and one using CAMIR message formats. • 2–3 Rail Carriers. At least one from the Northern Border and one from the Southern Border. • 1–2 ABI filers currently filing the following information electronically: Inbond applications (ABI Applications, commonly known as ‘‘QP/WP’’), Bill of Lading Update (ABI Application ‘‘LN’’), and Cargo/Manifest Status Query (ABI Application ‘‘IN’’) transactions and processing Broker Download (ABI Application ‘‘BD’’) and Status Notifications (ABI Application ‘‘NS’’). E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES • 2–3 stand-alone ISF filers. This will ensure that both X12 and CAMIR message formats are represented. Additional Eligibility Requirements: • Participant must be a current AMS EDI transmitter for ocean or rail modes of transportation using ANSI X12 or the CAMIR interfaces or an ABI transmitter using the CATAIR interface for in-bond transactions (QP/WP); • Participant must have, or agree to establish, an ACE Secure Data Portal account; and • Participant must have their software ready to test with CBP once CBP begins the certification process. CBP will post the appropriate standards needed to enable each specific type of AMS or ABI-compatible software to work with ACE on the CBP.gov Web site approximately 90 days prior to the start of the active test stage. This will enable transmitters of the required advance ocean and rail data to conform their own software or acquire new software that is compatible with ACE, in anticipation of ACE becoming the only CBP-approved EDI for submitting required ocean and rail data. I. Certification Stage Applicants will be notified of their selection as participants. After notification, CBP will begin a certification process with the participants. The certification process is the first step towards being able to utilize ACE and it consists of two preliminary tests designed to ensure the successful transmission of data through ACE: The systems interface test and the software test. The systems interface test is used to verify the accuracy of the participant’s communications software and hardware. Any communications problems encountered during the test will be resolved. A pre-defined test scenario must be followed by each participant to evaluate its software’s effectiveness in transmitting and receiving manifest, site, user, and other data. The systems interface test is complete when the participant has retrieved and verified CBP-created client-specific files from the ACE database. The software test allows final adjustments to the participant’s system and provides an opportunity for error detection without risk to the ACE production system. CBP will process sample messages and generate error messages, reject messages, and status notifications. The software test is complete when the participant has demonstrated that its software is able to transmit sample manifests, various VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 64739 that CBP receives in advance of shipment arrival into the CATAIR record format used by participants in the CBP ABI application. ACE will send II. Active Test Stage the ABI formatted bill of lading to the After completion of the certification customs broker designated in the bill of process, but no earlier than December lading. The broker download serves as 22, 2010, CBP will deploy ACE ocean an electronic ‘‘notification’’ for the and rail functionality capabilities for the broker that a shipment is incoming. This initial group of test participants. will expedite the cargo clearance Throughout the test, CBP will maintain process at the port of arrival. • Holds at the Container Level communication with the participants in CBP will have the ability to place and order to receive comments, address issues, and measure the functionality of remove holds at the container level. This will allow one container to be held ACE. and the balance of the containers on the ACE Functionality bill of lading to be moved to the premises of the importer pending final Test participants will retain all of the delivery authorization from CBP. existing functionality currently • Expansion of Shipment Status available through ACS, including the Disposition Codes capability to: The shipment status disposition code • Submit ocean bills of lading and will be expanded to three positions to rail preliminary and transit bills of accommodate the participation of lading; additional Federal Agencies that will • Report conveyance itinerary for use ACE under the International Trade ocean and rail conveyances; Data System (ITDS) initiative of the ACE • Process conveyance arrivals and project. While this new EDI departures for ocean and rail; functionality is being announced in this • Process in-bond arrivals and Notice, this expansion to three positions exports; • Process consist information for rail; will not be part of the initial commencement of this test, but will • Process general order transactions; • Manage holds on bills of lading, occur sometime thereafter. The conveyances, in-bond moves, empty expansion will be communicated to CBP equipment; trade partners well in advance through • Report Freight Remaining On CSMS, publication of implementation Board; guides on cbp.gov and outreach through • Process automated line release for trade associations and liaison groups. rail cargo; • Enhanced Transaction Sets The migration to the new ACE system • Process permit to transfer requests; will require changes to the EDI • Submit Bio-Terrorism Act prior transaction sets that are used between notification data for the Food and Drug CBP and the trade to send and receive Administration; cargo data and shipment status • Receive general order, overdue for notifications. These changes will allow arrival or export in-bond advisories; • Share status notifications with other CBP to provide significantly more trade partners; discrete and specific error messages that • Process transfer of liability requests will allow the transmitter to quickly between bonded carriers; amend and resubmit. Error messages • Request that bill of lading data be may be provided for multiple lines and sent to entry filers to expedite cargo specifically identify sections of clearance; submissions containing errors. • Receive entry advisories in advance Standardized system edits will be added of arrival; to reduce the amount of customized • Add secondary in-bond movements; coding that was previously required. All • Receive shipment status advice updated transaction sets will be posted from other Federal agencies; and to the CBP.gov Web site. Information • Submit vessel stowage plans. regarding any changes to the ocean and/ In addition to the above-referenced or rail manifest transaction sets will also capabilities, the following new be communicated via CSMS. functionalities will be available through ACE Portal Account Enhancements ACE: On October 18, 2007, CBP published • Broker Download a Notice in the Federal Register (72 FR The broker download functionality, 59105) announcing, among other things, currently available for rail the establishment of carrier portal transportation, will be available for ocean transportation as well. The broker accounts for all modes of transportation, including ocean and rail carriers. download process allows for the EDI Carriers interested in establishing ocean conversion of the carrier bill of lading messages, amendments, and General Order (GO) status replies according to established test procedures. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1 emcdonald on DSK2BSOYB1PROD with NOTICES 64740 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices and/or rail portal accounts were requested to provide CBP with their Standard Carrier Alpha Code (SCAC) and method of transportation (i.e., ocean, rail). Upon establishment of those accounts, ocean and rail carriers were advised that they would only have access to the static data and basic account profile information necessary to establish their portal account. For participants of this test, ocean and rail portal carrier accounts will now also have the following additional capabilities: • Conveyance Maintenance for Ocean Carriers Ocean portal carrier account users will have the ability to create and maintain vessel data via the portal using portal input screens and/or using the Excel spreadsheet upload capability. Ocean portal carrier account users will also have the ability to download their vessel data into the Excel spreadsheet. • Custodial Bond Authorization and Verification The bond authorization capability will be managed by the principal of the custodial bond (i.e., the bonded carrier) to cover the movement of in-bond cargo between CBP ports of entry. Via the ACE Portal, the bond principal will be able to designate (by either the SCAC or ABI Filer code) those entities that are authorized to obligate the bond principal’s custodial bond. A date range for this authorization is also available. Additionally, the bond principal will be able to set one of two levels of authorization: 1. All Ports: This level of authorization allows the bond principal to grant an authorized user the authority to obligate its Activity Code 2 custodial bond for the movement of in-bond cargo between all CBP ports, with the optional feature of setting an expiration date. If the bond principal chooses the optional expiration date, the permission to obligate the custodial bond expires at midnight on the expiration date. 2. Specific Ports: This level of authorization allows the bond principal to grant an authorized user the authority to obligate its bond for the movement of in-bond cargo between specified CBP ports, with an optional feature of setting an expiration date. There is no limit to how many port pairings the bond principal can establish for the authorized user. If the bond principal chooses the optional expiration, the permission to obligate the custodial bond expires at midnight on the expiration date. The new custodial bond authorized user verification functionality is an optional feature of this test and will only work with entities that are also VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 ACE test participants. This functionality will not apply to bonds authorized via AMS. Custodial bond principals that do not want to invoke this new authorized user validation feature need not create any authorized user records. In the absence of any authorized user records associated to a custodial bond, the bond principal may enter its own SCAC Code as the only authorized user in its account. Such processing is consistent with current custodial bond verifications in the legacy ACS ocean and rail manifest and QP/WP software applications and truck QP/WP software applications. A bonded carrier may restrict all other entities from obligating its bond by entering its own SCAC code as the only authorized user in its account. Conversely, as soon as one party is added as an authorized user to this new ‘‘custodial bond user verification’’ file, the principal of the custodial bond must enter authorizing records for each of the parties that is allowed to invoke its custodial bond. For example, if a custodial bond principal allows four other parties to obligate its bond, the bond principal must enter authorizations for each one of the four parties. If the bond principal chooses not to allow any party to obligate its custodial bond, then the bond principal must enter its own SCAC Code as the only authorized user in its account. ACE will continuously verify that the party attempting to obligate a custodial bond is authorized to do so. If the party obligating the custodial bond is NOT the bond owner, ACE will check the data base of authorized users on that bond. If the party using the custodial bond is not authorized, the bill of lading submission or ABI electronic in bond request (commonly known as ‘‘QP’’), will be rejected back to the data processing site of origination with the following error message, ‘‘Not Authorized To Use Custodial Bond.’’ A message will also be sent to the bond owner identifying the bill of lading number and the coded identity of the party that attempted to invoke the bond. • Report Capability Ocean and rail portal carrier account users will have the ability to run various standard bill of lading, in-bond, manifest, and equipment reports. Carrier account users will also be able to modify standard reports as well as create customized reports from scratch. Reports can be saved to a ‘‘Shared Folder’’ for use by others within the account. All data submitted and entered into the ACE Portal is subject to the Trade Secrets Act (18 U.S.C. 1905) and is considered confidential, except to the PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 extent as otherwise provided by law (see 19 U.S.C. 1431(c)). Participation in this or any of the previous ACE tests is not confidential and upon a written Freedom of Information Act request, a name(s) of an approved participant(s) will be disclosed by CBP in accordance with 5 U.S.C. 552. III. Expansion of the Test for All AMS Transmitters Not Chosen Initially Once the initial group of participants has demonstrated the capability to operate in ACE in the active test stage, CBP intends to expand the number of test participants until all interested ocean and rail transmitters are participating in the test. This expansion will be done on a rolling basis, beginning some time around the start of the active test stage for the initial group of participants. All ocean and rail transmitters not using ACE, including applicants not chosen to participate in the initial test group, will be contacted via CBP.gov, CSMS, and other trade outreach efforts to determine their interest in participating in the test. Later added participants must follow the same procedures as those explained above in Section I—Certification Stage and Section II—Active Test Stage. CBP’s ultimate goal is the full transition of ocean and rail data transmission to ACE. This transition would be announced in the Federal Register in a manner consistent with the Administrative Procedure Act and would occur no earlier than 90 days after the commencement of the active test stage. As indicated, the active test stage will start no earlier than December 22, 2010. Misconduct Under the Test An ACE test participant may be subject to civil and criminal penalties, administrative sanctions, liquidated damages and/or suspension from this test for any of the following: • Failure to follow the terms and conditions of this test; • Failure to exercise reasonable care in the execution of participant obligations; • Failure to abide by applicable laws and regulations; • Misuse of the ACE Portal; • Engagement in any unauthorized disclosure or access to the ACE Portal; and • Engagement in any activity which interferes with the successful evaluation of the new technology. A notice proposing suspension will be provided in writing to the participant. Such notice will apprise the participant of the facts or conduct warranting suspension and will inform the E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices participant of the date that the suspension will begin. Any decision proposing suspension of a participant may be appealed in writing to the Assistant Commissioner, Office of Field Operations, within 15 calendar days of the notification date. Should the participant appeal the notice of proposed suspension, the participant must address the facts or conduct charges contained in the notice and state how compliance will be achieved. In cases of willful misconduct or where public health interests or safety is concerned, the suspension may be effective immediately. Test Evaluation Criteria To ensure adequate feedback, participants are required to participate in an evaluation of this test. CBP also invites all interested parties to comment on the design, implementation and functionality of ACE or the test program at any time during the test period. CBP will publish the final results in the Federal Register and the Customs Bulletin as required by 19 CFR 101.9(b). CBP will use questionnaires to address such issues as: • Problem resolution; • System efficiency; • Operational issues; and • Other issues identified by the participants. Next Steps Shortly after the successful completion of the test, but no earlier than March 22, 2011, CBP plans to publish a notice in the Federal Register announcing that ACE will be the only CBP-approved EDI for required advance ocean and rail data. Dated: October 15, 2010. Thomas Winkowski, Assistant Commissioner, Office of Field Operations. [FR Doc. 2010–26428 Filed 10–19–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR Office of the Secretary emcdonald on DSK2BSOYB1PROD with NOTICES Blackstone River Valley National Heritage Corridor Commission: Notice of Meeting Notice is hereby given in accordance with Section 552b of Title 5, United States Code, that a meeting of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission will be held on Friday, November 19, 2010. The Commission was established pursuant to Public Law 99–647. The VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 purpose of the Commission is to assist federal, state and local authorities in the development and implementation of an integrated resource management plan for those lands and waters within the Corridor. The meeting will convene on November 19, 2010 at 9 a.m. at Brigham Hill Community Barn located at 37 Wheeler Road, North Grafton, MA for the following reasons: 1. Approval of Minutes 2. Chairman’s Report 3. Executive Director’s Report 4. Financial Budget 5. Public Input It is anticipated that about thirty people will be able to attend the session in addition to the Commission members. Interested persons may make oral or written presentations to the Commission or file written statements. Such requests should be made prior to the meeting to: Jan H. Reitsma, Executive Director, John H. Chafee, Blackstone River Valley National Heritage Corridor Commission, One Depot Square, Woonsocket, RI 02895, Tel.: (401) 762–0250. FURTHER INFORMATION CONCERNING THIS MEETING MAY BE OBTAINED FROM: Jan H. Reitsma, Executive Director of the Commission at the aforementioned address. Jan H. Reitsma, Executive Director, BRVNHCC. Notice of Full Commission Meeting for the John H. Chafee Blackstone River Valley National Heritage Corridor Commission Notice is hereby given, in accordance with section 552b of Title 5, United States Code, that the meeting of the Full Commission of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission will be held on Friday, November 19, 2010 at 9:00 a.m. at Brigham Hill Community Barn located at 37 Wheeler Road, North Grafton, MA. The purpose of the Commission is to assist federal, state and local authorities in the development and implementation of an integrated Resource Management Plan for those lands and waters within the Corridor in Rhode Island and Massachusetts. [FR Doc. 2010–26328 Filed 10–19–10; 8:45 am] BILLING CODE 4310–RK–P PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 64741 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLUT980300–112100000–PH0000–24–1A] Notice of Utah’s Resource Advisory Council (RAC) Subcommittee Meeting Bureau of Land Management, Interior. ACTION: Notice of public meeting AGENCY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management’s (BLM) Utah Resource Advisory Council (RAC) Subcommittee will meet as indicated below. DATES: The Utah RAC Subcommittee will meet on Tuesday, November 16, 2010, from 11 a.m. until 2 p.m., at the Utah Department of Agriculture and Food (UDAF) office, second floor conference room. ADDRESSES: The UDAF is located at 350 North Redwood Road, Salt Lake City, Utah 84114. FOR FURTHER INFORMATION CONTACT: Sherry Foot, Special Programs Coordinator, Utah State Office, Bureau of Land Management, P.O. Box 45155, Salt Lake City, Utah 84145–0155; phone (801) 539–4195. SUPPLEMENTARY INFORMATION: The Utah RAC has formed a subcommittee to explore ways to involve more people and groups in the proposed Rich County Allotment Consolidation Project. While there is currently significant support for the project from many conservation organizations, those leading the effort have not yet involved many of the energy development and recreational user communities. The subcommittee will be recommending ideas and initiatives to help the RAC gain consensus for this landscape-scale effort that affects lands managed by the BLM. Agenda topics will include: Review the presentation on the Rich County Allotment Consolidation Project that was given at the September RAC meeting; review the highlights of the project and discuss relevance to all user groups; provide list of agencies & NonGovernmental Organizations (NGO’s) that have been exposed to the project; identify others that should be involved and methods for involving them; and, potential to expand the concept to other areas. A half-hour public comment period, where the public may address the Subcommittee, is scheduled from 1:30 p.m. until 2 p.m. Written comments SUMMARY: E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64737-64741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26428]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Automated Commercial Environment (ACE): Announcement of a 
National Customs Automation Program Test of Automated Manifest 
Capabilities for Ocean and Rail Carriers

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: U.S. Customs and Border Protection (CBP) will be conducting a 
National Customs Automation Program test concerning the transmission of 
required advance ocean and rail data through the Automated Commercial 
Environment (ACE). This notice provides a description of the test 
process, sets forth eligibility criteria for participation, opens the 
application period for participation, outlines the development and 
evaluation methodology to be used, and invites public comments. 
Additionally, this notice advises the public that shortly after the 
successful completion of the test, CBP intends to publish a notice in 
the Federal Register announcing that ACE will be the only CBP-approved 
electronic data interchange (EDI) for submitting advance ocean and rail 
data and intends to amend the regulations as necessary.

DATES: CBP will start accepting applications on October 20, 2010. 
Selected applicants will be notified by CBP and will then undergo a 
certification process to be followed by active testing. The active test 
will commence no earlier than December 22, 2010 and will run for no 
less than 90 days. Comments concerning this notice and all aspects of 
the announced test may be submitted at any time during the test period.

ADDRESSES: Applications to participate in the test should be sent to 
Susan Maskell at Susan.Maskell@dhs.gov. Please describe in the body of 
the e-mail any past EDI history with CBP. Written comments concerning 
program and policy issues should be sent to ACEM1POLICY@cbp.dhs.gov. 
Please indicate in the subject line whether the comment relates to 
ocean carriers, rail carriers, or both.

FOR FURTHER INFORMATION CONTACT: Interested parties should direct any 
questions to their assigned Client Representative. Interested parties 
without an assigned Client Representative should direct their questions 
to the Client Representative Branch at 571-468-5500.

SUPPLEMENTARY INFORMATION:

Background

    The National Customs Automation Program (NCAP) was established in 
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

[[Page 64738]]

participation in global commerce, while ensuring compliance with U.S. 
laws and regulations and reducing costs for U.S. Customs and Border 
Protection (CBP) 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 a specific legacy ACS function. Each release will 
begin with a test and will end with mandatory compliance with the new 
ACE feature, thus retiring the legacy ACS function. Each release builds 
on previous releases and sets the foundation for subsequent releases.

Ocean and Rail Data

    This document is announcing a test to allow ocean and rail data to 
be transmitted to ACE. The data includes the advance cargo information 
required by section 343 of the Trade Act of 2002, as amended by the 
Maritime Transportation Security Act of 2002 (see 68 FR 68140, December 
5, 2003), and the advance data ocean carriers are required to provide 
pursuant to the importer security filing and additional carrier 
requirements interim final rule, commonly known as 10 + 2 (see 73 FR 
71730, November 25, 2008).\1\ Currently, this information is required 
to be transmitted via ACS in advance of arrival through a CBP-approved 
electronic data interchange (EDI). For ocean and rail carriers, the 
CBP-approved EDI is the Automated Manifest System (AMS). Ocean carriers 
use Vessel AMS and rail carriers use Rail AMS and the data is 
transmitted using one of the following AMS-compatible software data 
standards: ANSI X12, CAMIR, UN/EDIFACT, or BAPLIE. Currently, brokers 
submitting the advance data required by 10 + 2 use the Automated Broker 
Interface (ABI)-compatible software data standard known as CATAIR. See 
the Implementation of the Test section below for further explanation 
concerning the different software data standards.
---------------------------------------------------------------------------

    \1\ For specific information about the requirements to provide 
advance cargo information to CBP, please see the following sections 
of title 19 of the Code of Federal Regulations (CFR): 4.7 Inward 
foreign manifest; production on demand; contents and form; advance 
filing of cargo declaration; 4.7a Inward manifest; information 
required; alternative forms; 4.7c Vessel stow plan; 4.7d Container 
status messages, 123.91 Electronic information for rail cargo 
required in advance of arrival; and part 149 Importer Security 
Filing.
---------------------------------------------------------------------------

    As explained in further detail below, test participants will retain 
all of their current functionality. However, test participants will 
receive the additional benefits and functionality ACE provides. The 
deployment of ocean and rail manifest data through ACE continues to lay 
the foundation for a multimodal database that will eventually host all 
modes of transportation, including air.
    Upon commencement of this test, ACE will be the system of record 
for ocean and rail data at all ports for test participants, therefore 
replacing ACS as their system of record. See ACE Systems of Record 
Notice (71 FR 3109), published in the Federal Register on January 19, 
2006. As such, the creation and maintenance of specified data elements 
will originate in ACE and will be distributed to other CBP systems.

Authorization for the 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. This test is authorized 
pursuant to Sec.  101.9(b) of the CBP Regulations (19 CFR 101.9(b)) 
which provides for the testing of NCAP programs or procedures. This 
test is being conducted pursuant to this authority.

Implementation of the Test

    With the publication of this notice CBP will begin accepting 
applications from all transmitters of required advance ocean and rail 
data who wish to participate in the test. Interested applicants should 
contact Susan Maskell (susan.maskell@dhs.gov) in the form of an e-mail 
stating their qualifications based on the below referenced selection 
criteria, past EDI history with CBP, and their technical 
specifications. The e-mail should also include a point of contact. 
Applications will be accepted throughout the duration of the test and 
will be processed in the order in which they are received. Test 
participants will be chosen based on the selection criteria established 
by CBP (explained below in the Test Participant Selection Criteria 
section) and will be notified directly if they are chosen to 
participate in the initial test.
    Currently, AMS and ABI users are responsible for developing or 
procuring AMS or ABI-compatible software for transmitting the required 
advance data to CBP. The following is a list of current AMS or ABI-
compatible software:
     ANSI X12--The proprietary EDI data standard of the 
American National Standards Institute (ANSI). This is the standard 
currently used by most rail and many ocean AMS transmitters.
     CAMIR--Customs Automated Manifest Interface Requirements. 
This is the CBP proprietary EDI data standard developed to allow ocean 
manifest transmitters a standard format to send their data to CBP.
     UN/EDIFACT--The United Nations Electronic Data Interchange 
for Administration of Commerce and Transport. This is the EDI data 
standard developed and maintained by the United Nations.
     BAPLIE--Bayplan/Stowage Plan Occupied and Empty Locations. 
This is a data message set of the UN/EDIFACT EDI data format to 
standardize the transmission of stowage plans associated with 
containerized cargo.
     CATAIR--Customs And Trade Automated Interface 
Requirements. This is a CBP proprietary EDI data standard used 
primarily for the ABI but also used for in-bond transactions, ISF, and 
customhouse broker queries of CBP manifest systems.

Test Participant Selection Criteria

    CBP has selected its criteria for test participants to include each 
type of current transmitter of required advance data for ocean and rail 
and each type of AMS or ABI-compatible software during the test to 
ensure compatibility with ACE. Specifically, CBP is looking for test 
participants to include:
     2-3 Ocean Carriers. At least one must be filing manifests 
and transmitting unified manifest/ISF data using X12 and one must be 
using CAMIR message formats. Carrier applicants must also be submitting 
stow plans via BAPLIE (UN/EDIFACT).
     2 Service Centers. One using X12 message formats and one 
using CAMIR message formats. Each service center must have at least one 
client filing manifests and transmitting unified manifest/ISF data and 
who is also submitting stow plans via BAPLIE (UN/EDIFACT).
     1 Port Authority. Preferably one that both sends and 
receives data.
     2 Terminal Operators. One using X12 message formats and 
one using CAMIR message formats.
     2-3 Rail Carriers. At least one from the Northern Border 
and one from the Southern Border.
     1-2 ABI filers currently filing the following information 
electronically: In-bond applications (ABI Applications, commonly known 
as ``QP/WP''), Bill of Lading Update (ABI Application ``LN''), and 
Cargo/Manifest Status Query (ABI Application ``IN'') transactions and 
processing Broker Download (ABI Application ``BD'') and Status 
Notifications (ABI Application ``NS'').

[[Page 64739]]

     2-3 stand-alone ISF filers. This will ensure that both X12 
and CAMIR message formats are represented.
    Additional Eligibility Requirements:
     Participant must be a current AMS EDI transmitter for 
ocean or rail modes of transportation using ANSI X12 or the CAMIR 
interfaces or an ABI transmitter using the CATAIR interface for in-bond 
transactions (QP/WP);
     Participant must have, or agree to establish, an ACE 
Secure Data Portal account; and
     Participant must have their software ready to test with 
CBP once CBP begins the certification process.
    CBP will post the appropriate standards needed to enable each 
specific type of AMS or ABI-compatible software to work with ACE on the 
CBP.gov Web site approximately 90 days prior to the start of the active 
test stage. This will enable transmitters of the required advance ocean 
and rail data to conform their own software or acquire new software 
that is compatible with ACE, in anticipation of ACE becoming the only 
CBP-approved EDI for submitting required ocean and rail data.

I. Certification Stage

    Applicants will be notified of their selection as participants. 
After notification, CBP will begin a certification process with the 
participants. The certification process is the first step towards being 
able to utilize ACE and it consists of two preliminary tests designed 
to ensure the successful transmission of data through ACE: The systems 
interface test and the software test.
    The systems interface test is used to verify the accuracy of the 
participant's communications software and hardware. Any communications 
problems encountered during the test will be resolved. A pre-defined 
test scenario must be followed by each participant to evaluate its 
software's effectiveness in transmitting and receiving manifest, site, 
user, and other data. The systems interface test is complete when the 
participant has retrieved and verified CBP-created client-specific 
files from the ACE database.
    The software test allows final adjustments to the participant's 
system and provides an opportunity for error detection without risk to 
the ACE production system. CBP will process sample messages and 
generate error messages, reject messages, and status notifications. The 
software test is complete when the participant has demonstrated that 
its software is able to transmit sample manifests, various messages, 
amendments, and General Order (GO) status replies according to 
established test procedures.

II. Active Test Stage

    After completion of the certification process, but no earlier than 
December 22, 2010, CBP will deploy ACE ocean and rail functionality 
capabilities for the initial group of test participants. Throughout the 
test, CBP will maintain communication with the participants in order to 
receive comments, address issues, and measure the functionality of ACE.

ACE Functionality

    Test participants will retain all of the existing functionality 
currently available through ACS, including the capability to:
     Submit ocean bills of lading and rail preliminary and 
transit bills of lading;
     Report conveyance itinerary for ocean and rail 
conveyances;
     Process conveyance arrivals and departures for ocean and 
rail;
     Process in-bond arrivals and exports;
     Process consist information for rail;
     Process general order transactions;
     Manage holds on bills of lading, conveyances, in-bond 
moves, empty equipment;
     Report Freight Remaining On Board;
     Process automated line release for rail cargo;
     Process permit to transfer requests;
     Submit Bio-Terrorism Act prior notification data for the 
Food and Drug Administration;
     Receive general order, overdue for arrival or export in-
bond advisories;
     Share status notifications with other trade partners;
     Process transfer of liability requests between bonded 
carriers;
     Request that bill of lading data be sent to entry filers 
to expedite cargo clearance;
     Receive entry advisories in advance of arrival;
     Add secondary in-bond movements;
     Receive shipment status advice from other Federal 
agencies; and
     Submit vessel stowage plans.
    In addition to the above-referenced capabilities, the following new 
functionalities will be available through ACE:
     Broker Download
    The broker download functionality, currently available for rail 
transportation, will be available for ocean transportation as well. The 
broker download process allows for the EDI conversion of the carrier 
bill of lading that CBP receives in advance of shipment arrival into 
the CATAIR record format used by participants in the CBP ABI 
application. ACE will send the ABI formatted bill of lading to the 
customs broker designated in the bill of lading. The broker download 
serves as an electronic ``notification'' for the broker that a shipment 
is incoming. This will expedite the cargo clearance process at the port 
of arrival.
     Holds at the Container Level
    CBP will have the ability to place and remove holds at the 
container level. This will allow one container to be held and the 
balance of the containers on the bill of lading to be moved to the 
premises of the importer pending final delivery authorization from CBP.
     Expansion of Shipment Status Disposition Codes
    The shipment status disposition code will be expanded to three 
positions to accommodate the participation of additional Federal 
Agencies that will use ACE under the International Trade Data System 
(ITDS) initiative of the ACE project. While this new EDI functionality 
is being announced in this Notice, this expansion to three positions 
will not be part of the initial commencement of this test, but will 
occur sometime thereafter. The expansion will be communicated to CBP 
trade partners well in advance through CSMS, publication of 
implementation guides on cbp.gov and outreach through trade 
associations and liaison groups.
     Enhanced Transaction Sets
    The migration to the new ACE system will require changes to the EDI 
transaction sets that are used between CBP and the trade to send and 
receive cargo data and shipment status notifications. These changes 
will allow CBP to provide significantly more discrete and specific 
error messages that will allow the transmitter to quickly amend and 
resubmit. Error messages may be provided for multiple lines and 
specifically identify sections of submissions containing errors. 
Standardized system edits will be added to reduce the amount of 
customized coding that was previously required. All updated transaction 
sets will be posted to the CBP.gov Web site. Information regarding any 
changes to the ocean and/or rail manifest transaction sets will also be 
communicated via CSMS.

ACE Portal Account Enhancements

    On October 18, 2007, CBP published a Notice in the Federal Register 
(72 FR 59105) announcing, among other things, the establishment of 
carrier portal accounts for all modes of transportation, including 
ocean and rail carriers. Carriers interested in establishing ocean

[[Page 64740]]

and/or rail portal accounts were requested to provide CBP with their 
Standard Carrier Alpha Code (SCAC) and method of transportation (i.e., 
ocean, rail). Upon establishment of those accounts, ocean and rail 
carriers were advised that they would only have access to the static 
data and basic account profile information necessary to establish their 
portal account.
    For participants of this test, ocean and rail portal carrier 
accounts will now also have the following additional capabilities:
     Conveyance Maintenance for Ocean Carriers
    Ocean portal carrier account users will have the ability to create 
and maintain vessel data via the portal using portal input screens and/
or using the Excel spreadsheet upload capability. Ocean portal carrier 
account users will also have the ability to download their vessel data 
into the Excel spreadsheet.
     Custodial Bond Authorization and Verification
    The bond authorization capability will be managed by the principal 
of the custodial bond (i.e., the bonded carrier) to cover the movement 
of in-bond cargo between CBP ports of entry. Via the ACE Portal, the 
bond principal will be able to designate (by either the SCAC or ABI 
Filer code) those entities that are authorized to obligate the bond 
principal's custodial bond. A date range for this authorization is also 
available. Additionally, the bond principal will be able to set one of 
two levels of authorization:
    1. All Ports: This level of authorization allows the bond principal 
to grant an authorized user the authority to obligate its Activity Code 
2 custodial bond for the movement of in-bond cargo between all CBP 
ports, with the optional feature of setting an expiration date. If the 
bond principal chooses the optional expiration date, the permission to 
obligate the custodial bond expires at midnight on the expiration date.
    2. Specific Ports: This level of authorization allows the bond 
principal to grant an authorized user the authority to obligate its 
bond for the movement of in-bond cargo between specified CBP ports, 
with an optional feature of setting an expiration date. There is no 
limit to how many port pairings the bond principal can establish for 
the authorized user. If the bond principal chooses the optional 
expiration, the permission to obligate the custodial bond expires at 
midnight on the expiration date.
    The new custodial bond authorized user verification functionality 
is an optional feature of this test and will only work with entities 
that are also ACE test participants. This functionality will not apply 
to bonds authorized via AMS. Custodial bond principals that do not want 
to invoke this new authorized user validation feature need not create 
any authorized user records. In the absence of any authorized user 
records associated to a custodial bond, the bond principal may enter 
its own SCAC Code as the only authorized user in its account. Such 
processing is consistent with current custodial bond verifications in 
the legacy ACS ocean and rail manifest and QP/WP software applications 
and truck QP/WP software applications. A bonded carrier may restrict 
all other entities from obligating its bond by entering its own SCAC 
code as the only authorized user in its account.
    Conversely, as soon as one party is added as an authorized user to 
this new ``custodial bond user verification'' file, the principal of 
the custodial bond must enter authorizing records for each of the 
parties that is allowed to invoke its custodial bond. For example, if a 
custodial bond principal allows four other parties to obligate its 
bond, the bond principal must enter authorizations for each one of the 
four parties. If the bond principal chooses not to allow any party to 
obligate its custodial bond, then the bond principal must enter its own 
SCAC Code as the only authorized user in its account.
    ACE will continuously verify that the party attempting to obligate 
a custodial bond is authorized to do so. If the party obligating the 
custodial bond is NOT the bond owner, ACE will check the data base of 
authorized users on that bond. If the party using the custodial bond is 
not authorized, the bill of lading submission or ABI electronic in bond 
request (commonly known as ``QP''), will be rejected back to the data 
processing site of origination with the following error message, ``Not 
Authorized To Use Custodial Bond.'' A message will also be sent to the 
bond owner identifying the bill of lading number and the coded identity 
of the party that attempted to invoke the bond.
     Report Capability
    Ocean and rail portal carrier account users will have the ability 
to run various standard bill of lading, in-bond, manifest, and 
equipment reports. Carrier account users will also be able to modify 
standard reports as well as create customized reports from scratch. 
Reports can be saved to a ``Shared Folder'' for use by others within 
the account.
    All data submitted and entered into the ACE Portal is subject to 
the Trade Secrets Act (18 U.S.C. 1905) and is considered confidential, 
except to the extent as otherwise provided by law (see 19 U.S.C. 
1431(c)). Participation in this or any of the previous ACE tests is not 
confidential and upon a written Freedom of Information Act request, a 
name(s) of an approved participant(s) will be disclosed by CBP in 
accordance with 5 U.S.C. 552.

III. Expansion of the Test for All AMS Transmitters Not Chosen 
Initially

    Once the initial group of participants has demonstrated the 
capability to operate in ACE in the active test stage, CBP intends to 
expand the number of test participants until all interested ocean and 
rail transmitters are participating in the test. This expansion will be 
done on a rolling basis, beginning some time around the start of the 
active test stage for the initial group of participants. All ocean and 
rail transmitters not using ACE, including applicants not chosen to 
participate in the initial test group, will be contacted via CBP.gov, 
CSMS, and other trade outreach efforts to determine their interest in 
participating in the test. Later added participants must follow the 
same procedures as those explained above in Section I--Certification 
Stage and Section II--Active Test Stage.
    CBP's ultimate goal is the full transition of ocean and rail data 
transmission to ACE. This transition would be announced in the Federal 
Register in a manner consistent with the Administrative Procedure Act 
and would occur no earlier than 90 days after the commencement of the 
active test stage. As indicated, the active test stage will start no 
earlier than December 22, 2010.

Misconduct Under the Test

    An ACE test participant may be subject to civil and criminal 
penalties, administrative sanctions, liquidated damages and/or 
suspension from this test for any of the following:
     Failure to follow the terms and conditions of this test;
     Failure to exercise reasonable care in the execution of 
participant obligations;
     Failure to abide by applicable laws and regulations;
     Misuse of the ACE Portal;
     Engagement in any unauthorized disclosure or access to the 
ACE Portal; and
     Engagement in any activity which interferes with the 
successful evaluation of the new technology.
    A notice proposing suspension will be provided in writing to the 
participant. Such notice will apprise the participant of the facts or 
conduct warranting suspension and will inform the

[[Page 64741]]

participant of the date that the suspension will begin.
    Any decision proposing suspension of a participant may be appealed 
in writing to the Assistant Commissioner, Office of Field Operations, 
within 15 calendar days of the notification date. Should the 
participant appeal the notice of proposed suspension, the participant 
must address the facts or conduct charges contained in the notice and 
state how compliance will be achieved. In cases of willful misconduct 
or where public health interests or safety is concerned, the suspension 
may be effective immediately.

Test Evaluation Criteria

    To ensure adequate feedback, participants are required to 
participate in an evaluation of this test. CBP also invites all 
interested parties to comment on the design, implementation and 
functionality of ACE or the test program at any time during the test 
period. CBP will publish the final results in the Federal Register and 
the Customs Bulletin as required by 19 CFR 101.9(b).
    CBP will use questionnaires to address such issues as:
     Problem resolution;
     System efficiency;
     Operational issues; and
     Other issues identified by the participants.

Next Steps

    Shortly after the successful completion of the test, but no earlier 
than March 22, 2011, CBP plans to publish a notice in the Federal 
Register announcing that ACE will be the only CBP-approved EDI for 
required advance ocean and rail data.

    Dated: October 15, 2010.
Thomas Winkowski,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2010-26428 Filed 10-19-10; 8:45 am]
BILLING CODE 9111-14-P