Automated Commercial Environment (ACE); Announcement of National Customs Automation Program Test of Automated Procedures for In-Bond Shipments Transiting Through the United States From One Point in Canada to Another Point in Canada, 34246-34248 [2011-14536]
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34246
Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices
Estimated Total Annual Burden
Hours: 6,500.
Protection, via e-mail at
Gary.R.Schreffler@dhs.gov.
Dated: June 6, 2011.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–14503 Filed 6–10–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment
(ACE); Announcement of National
Customs Automation Program Test of
Automated Procedures for In-Bond
Shipments Transiting Through the
United States From One Point in
Canada to Another Point in Canada
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
that U.S. Customs and Border Protection
(CBP) plans to conduct a National
Customs Automation Program (NCAP)
test relating to highway movements of
commercial goods that are transported
in-bond through the United States from
one point in Canada to another point in
Canada. The NCAP test designates a
new filing code in CBP’s Automated
Commercial Environment (ACE) Truck
Manifest System to identify the
shipment as being part of a joint CBP
and Canada Border Services Agency
(CBSA) In-Transit Project and requires
test participants to transmit the manifest
electronically and to submit an
additional data element. The new filing
code and additional data element will
enable CBP and the CBSA to better track
the movement of these goods, to share
information about the in-bond
movement and to streamline procedures
for test participants. This notice
provides a description of the NCAP test
process, sets forth eligibility
requirements for participation, and
invites public comment on any aspect of
the planned test.
DATES: The test will commence no
earlier than July 13, 2011. Comments
concerning this notice and all aspects of
the announced test may be submitted at
any time during the test period.
ADDRESSES: Written comments
concerning program, policy and
technical issues should be submitted to
Mr. Gary Schreffler, Chief, Cargo
Control Branch, Office of Field
Operations, U.S. Customs and Border
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
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16:06 Jun 10, 2011
Jkt 223001
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.
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. See T.D. 95–21.
Section 343(a) of the Trade Act of
2002, as amended (the Trade Act; 19
U.S.C. 2071 note), requires CBP to
promulgate regulations providing for the
mandatory transmission of electronic
cargo information by way of a CBP
approved electronic data interchange
(EDI) system before the cargo is brought
into or departs the United States by any
mode of commercial transportation (sea,
air, rail or truck). The required cargo
information is that which is reasonably
necessary to enable high-risk shipments
to be identified for purposes of ensuring
cargo safety and security and preventing
smuggling pursuant to the laws enforced
and administered by CBP.
On December 5, 2003, CBP published
a final rule in the Federal Register (68
FR 68140) to effectuate the provisions of
the Trade Act. In particular, a new
§ 123.92 (19 CFR 123.92) was added to
the title 19 regulations to implement the
requirements for cargo brought into the
United States by truck. As provided in
§ 123.92, for any inbound truck required
to report its arrival under § 123.1(b) that
will have commercial cargo aboard, CBP
must electronically receive certain
information regarding that cargo
through a CBP-approved EDI system no
later than either 30 minutes or one hour
prior to the carrier’s reaching the first
port of arrival in the United States. As
explained in the preamble of the 2003
final rule, the 30 minute time frame
applies to truck carriers arriving with
shipments qualified for clearance under
the FAST (Free and Secure Trade)
program.
In a notice published in the Federal
Register on October 27, 2006 (71 FR
62922), CBP designated the ACE Truck
Manifest System as the approved system
for receipt of EDI transmissions of
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Frm 00044
Fmt 4703
Sfmt 4703
required land border crossing manifest
data. ACE was phased in as the required
transmission system over a six month
period at various ports of entry and CBP
now requires ACE to be used for the
transmission of advance electronic truck
cargo information at every land border
port in which CBP had planned to
require the use of ACE. See, 72 FR
53789, September 20, 2007.
Highway movements of commercial
goods that are transported through the
United States from one point in Canada
to another point in Canada must be
transported in-bond and processed as
Transportation and Exportation (T&E)
entries. The procedures for these inbond shipments are addressed in 19
CFR 123.42. Among other things, this
regulation requires the filing of a
manifest and various reports to CBP and
the CBSA regarding the movement of
the goods. Although reference is made
to a paper manifest, CBP’s in-bond
process for T&E entries is supported in
the ACE Truck Manifest System. The
ACE Truck Manifest System enables
carriers to submit T&E entries by filing
an e-Manifest. This NCAP test requires
participants to file their T&E entries
using an e-Manifest in the ACE Truck
Manifest System and eliminates one of
the reporting requirements.
Arrangement Between the Canada
Border Services Agency and the
Department of Homeland Security,
United States Customs and Border
Protection Regarding the Highway
In-Transit Project
On March 10, 2011, CBP and the
CBSA finalized a memorandum of
understanding (MOU) titled,
‘‘Arrangement Between the Canada
Border Services Agency and the
Department of Homeland Security,
United States Customs and Border
Protection Regarding the Highway InTransit Project.’’ In the MOU, CBP and
the CBSA state their intention to
implement the Highway In-Transit
Project (In-Transit Project) on a pilot
basis for shipments transiting through
the United States (from one point in
Canada to another point in Canada) and
to later jointly assess whether to begin
implementing the In-Transit Project on
a pilot basis for shipments transiting
through Canada (from one point in the
United States to another point in the
United States), or on a permanent basis
for one or both types of transit
movements. The MOU provides for the
automation of the reporting of in-transit
highway movements of commercial
goods between Canada and the United
States. The MOU specifies the criteria
that highway carriers must meet in
order to participate in the In-Transit
E:\FR\FM\13JNN1.SGM
13JNN1
Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices
Project and provides for the
transmission of pre-arrival cargo
(manifest) and conveyance information
using mutually identified electronic
data interchange (EDI) highway cargo
(manifest) and conveyance transaction
sets. The MOU further allows for the
confidential electronic sharing between
the CBSA and CBP of certain manifest
information to be used for the purposes
of risk assessment and tracking of intransit highway movement of
commercial goods between Canada and
the United States.
emcdonald on DSK2BSOYB1PROD with NOTICES
Implementation of the NCAP Test
In order to facilitate implementation
of the In-Transit Project for shipments
transiting the United States from one
point in Canada to another point in
Canada, CBP is implementing this
NCAP test to designate a new filing code
in the ACE Truck Manifest System for
truck carriers participating in the InTransit Project to indicate that their
shipments are being shipped as part of
the In-Transit Project. Additionally,
under the NCAP test, carriers will file
an additional data element, the
Canadian Cargo Control Number (CCN),
consisting of a CBSA-issued carrier code
and a unique reference number assigned
by the carrier. The CCN will allow the
CBSA and CBP to track in-bond
shipments being transported under the
NCAP test and will facilitate the closing
out of these T&E entries. Carriers will
only be required to report their arrival
to CBP at the United States port of
export and the CBSA will notify CBP
when the shipment enters into Canada.
At that point, the T&E will be updated
in the system as exported.
Eligibility and Acceptance
To participate in this NCAP test, a
truck carrier must be a bonded carrier
with CBP and the CBSA, be accepted by
the CBSA to participate in the In-Transit
Project, and must be able to transmit an
e-Manifest using the American National
Standards Institute (ANSI) X12 format
to CBP. For information on how to
participate in the In-Transit Project go to
the CBSA Web site at: https://www.cbsaasfc.gc.ca/prog/manif/transit-eng.html.
Carriers that wish to participate in
this NCAP test should send a letter or
e-mail to CBP stating that they meet the
eligibility requirements and that they
wish to participate in the NCAP Test of
Automated Procedures for CanadaUnited States-Canada In-Transit
Movements. The letter or e-mail must
include (1) The carrier’s name, (2)
Internal Revenue Service number (IRS
number), and (3) proof of acceptance by
the CBSA to participate in the In-Transit
Project. CBP will accept the first nine
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16:06 Jun 10, 2011
Jkt 223001
eligible carriers that apply and will
notify the carriers that they have been
accepted to participate in the NCAP test.
Applications can be submitted at any
time during the test and should be
submitted to Gary Schreffler, Chief,
Cargo Control Branch, Office of Field
Operations, U.S. Customs and Border
Protection, via e-mail at
Gary.R.Schreffler@dhs.gov.
Method of Transmission of Advance
Data and Content
Truck carriers participating in this
NCAP test will be required to file a T&E
entry for the in-bond movement by
submitting a complete e-Manifest to
CBP using the ANSI X12 format
(referred to as a 309 manifest) no later
than either 30 minutes or one hour (as
applicable) before entering the United
States. A complete e-Manifest using the
ANSI X12 format includes the following
components: Trip, crew, conveyance,
equipment, and complete shipment
data. At this time, the ACE Secure Data
Portal and the United Nations/
Electronic Data Interchange for
Administration, Commerce and
Transport (UN/EDIFACT) are not
available for use.
New Filing Code and Data Element
Carriers will indicate that the T&E
entry is being filed as part of the InTransit Project by designating the entry
as a type 70 filing. Type 62 filings are
currently used for Canadian T&E entries
transiting the United States.
Additionally, carriers will file an
additional data element, the CCN,
issued by the CBSA when the shipment
leaves Canada. The CCN consists of a
CBSA-issued carrier code and a unique
reference number assigned by the
carrier. The CCN is not required under
CBP’s current process. The CCN will be
used by CBP to notify the CBSA when
the shipment crosses into the United
States and by the CBSA to notify CBP
when the shipment is exported back
into Canada.
Processing and Tracking the In-Bond
Shipment
The 309 manifest will be processed
and retained in ACE as a normal
manifest. Upon arrival in the United
States, CBP will generate a ‘‘transit
movement authorized’’ message
(referred to as a 350 message) that will
be sent to the carrier and to the CBSA.
The shipment will then be able to
transit the United States and proceed to
the United States port of export as a T&E
entry. When the shipment arrives at the
United States port of export, the carrier
will report the arrival of the shipment
to CBP via an EDI message or through
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Sfmt 4703
34247
their ACE portal account. When the
shipment exits the United States and
arrives in Canada, the CBSA will
transmit a message (referred to as a 353
message) notifying CBP that the
shipment has entered Canada. CBP will
generate another 350 message and send
it to the carrier notifying the carrier that
the shipment has entered Canada and
that the T&E entry status is exported. At
this point the T&E entry will be closed
with CBP.
No Diversions of In-Bond Shipment
Permitted
Carriers transporting a shipment
through the United States as part of this
NCAP test will be required to complete
the T&E entry by exporting their
shipment to Canada. Carriers will not be
allowed to divert these shipments to a
port that is not a land crossing port
between the United States and Canada.
Future Expansion of the Test
Any future expansion in ACE to
include a new in-bond filing code for intransit movements through Canada and
back to the United States (U.S-CanadaU.S) or expansion of this test to include
other transmission methods, i.e., UN/
EDIFACT or ACE Secure Data Portal,
will be announced via a separate
Federal Register Notice.
Regulatory Provisions Affected
Regulations that conflict with the
terms and conditions of this test,
namely regulations contained in parts
18 and 123, including section 123.42,
are suspended and overridden to the
extent of the conflict for the duration of
this test for those participants in this
test and only to the extent of their
participation in this test.
Misconduct
If a test participant fails to abide by
the rules, procedures, or term and
conditions of this and all other
applicable Federal Register Notices,
fails to exercise reasonable care in the
execution of participant obligations, or
otherwise fails to comply with all
applicable laws and regulations, then
the participant may be suspended from
participation in this test and/or
subjected to penalties, liquidated
damages, and/or other administrative or
judicial sanction. Additionally, CBP has
the right to suspend a test participant
based on a determination that an
unacceptable compliance risk exists.
Any decision proposing suspension may
be appealed in writing to the Assistant
Commissioner (Office of Field
Operations) within 15 days of the
decision date. Such proposed
suspension will apprise the participant
E:\FR\FM\13JNN1.SGM
13JNN1
34248
Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices
of the facts or conduct warranting
suspension. Should the participant
appeal the notice of proposed
suspension, the participant should
address the facts or conduct charges
contained in the notice and state how he
has or will achieve compliance.
However, in the case of willfulness or
where public health interests are
concerned, the suspension may be
effective immediately.
Test Evaluation Criteria
All interested parties are invited to
comment on any aspect of this test at
any time. To ensure adequate feedback,
participants are required to take part in
an evaluation of this test. CBP needs
comments and feedback on all aspects
of this test, including the design,
conduct and implementation of the test,
in order to determine whether to
modify, alter, expand, limit, continue,
end or implement this program by
regulation. The final results of the
evaluation will be published in the
Federal Register and the Customs
Bulletin as required by section 101.9 of
the CBP Regulations.
Paperwork Reduction Act
As noted above, CBP will be accepting
only nine participants in the NCAP test.
This means that fewer than ten persons
will be subject to any information
collections under the NCAP test.
Accordingly, collections of information
encompassed within this notice are
exempted from the requirements of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3502 and 3507).
includes an overview of current options
for making repairs to a 34-year-old barn
currently used as a boarding facility for
private horses, while accommodating
therapeutic riding and riding lessons
that are available to the public.
DATES: The meeting is scheduled as
follows: June 28, 2011; 7 p.m., local
time.
ADDRESSES: Laurel Hill Golf Course
Clubhouse, 8701 Laurel Crest Dr.,
Lorton, VA 22079.
FOR FURTHER INFORMATION CONTACT: E.
Lynn Burkett, BLM–ES Lower Potomac
Field Station Manager; phone: 703–339–
3461. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The
meeting will begin with an overview of
the status of equestrian activities at the
Meadowood SRMA. Comments,
suggestions and ideas will be accepted
from the public via the U.S. Postal
Service, or by e-mail to:
ES_Meadowood@es.blm.gov. The public
is also invited to write their comments
at the meeting.
Marie Stewart,
Acting State Director.
BILLING CODE 4310–GJ–P
Dated: June 7, 2011.
Randy A. Brown,
Deputy Field Supervisor, Arcata Fish and
Wildlife Office, Arcata, CA.
[FR Doc. 2011–14523 Filed 6–10–11; 8:45 am]
[FR Doc. 2011–14524 Filed 6–10–11; 8:45 am]
BILLING CODE 4310–55–P
Fish and Wildlife Service
[FR Doc. 2011–14536 Filed 6–10–11; 8:45 am]
BILLING CODE 9111–14–P
[FWS–R8–FHC–2011–N116; 81331–1334–
8TWG–W4]
DEPARTMENT OF THE INTERIOR
Trinity Adaptive Management Working
Group
Equestrian Stables at Meadowood
Special Recreation Management Area,
VA; Information Sharing Meeting
Bureau of Land Management,
Interior.
Notice of public meeting.
ACTION:
The Bureau of Land
Management Eastern States has
scheduled a public meeting to share
information about the condition of the
equestrian stables at Meadowood
Special Recreation Management Area
(SRMA), located in Lorton, VA, and
collect comments, suggestions and ideas
from the public pertaining to the future
of the structure. The meeting agenda
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
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16:06 Jun 10, 2011
Jkt 223001
Under
section 10(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.), this
notice announces a joint meeting of the
TAMWG–TMC. The meeting will
include discussion of the following
topics:
• Interests and perspectives of
members of the TMC and TAMWG,
• Possible improvements in
operations and implementation of the
TRRP,
• Possible improvements in
TAMWG–TMC relations.
Completion of the agenda is
dependent on the amount of time each
item takes. The meeting could end early
if the agenda has been completed.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Dated: June 7, 2011.
Thomas Winkowski,
Assistant Commissioner, Office of Field
Operations.
AGENCY:
TAMWG–TMC will meet from
9:30 a.m. to 5 p.m. on Wednesday, June
29, 2011.
ADDRESSES: The meeting will be held at
the Trinity Alps Resort, 1750 Trinity
Alps Road, Trinity Center, CA 96091.
FOR FURTHER INFORMATION CONTACT:
Meeting Information: Randy A. Brown,
TAMWG Designated Federal Officer,
U.S. Fish and Wildlife Service, 1655
Heindon Road, Arcata, CA 95521;
telephone: (707) 822–7201. Trinity River
Restoration Program (TRRP)
Information: Robin Schrock, Executive
Director, Trinity River Restoration
Program, P.O. Box 1300, 1313 South
Main Street, Weaverville, CA 96093;
telephone: (530) 623–1800; e-mail:
rschrock@usbr.gov.
DATES:
AGENCY:
Fish and Wildlife Service,
Interior.
Notice of meeting.
The Trinity Adaptive
Management Working Group (TAMWG)
affords stakeholders the opportunity to
give policy, management, and technical
input concerning Trinity River
(California) restoration efforts to the
Trinity Management Council (TMC).
The TMC interprets and recommends
policy, coordinates and reviews
management actions, and provides
organizational budget oversight. This
notice announces a joint TAMWG and
TMC meeting, which is open to the
public.
PO 00000
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Bureau of Land Management
[F–14936–A, F–14936–A2; LLAK965000–
L14100000–KC0000–P]
Alaska Native Claims Selection
ACTION:
SUMMARY:
DEPARTMENT OF THE INTERIOR
Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
AGENCY:
As required by 43 CFR
2650.7(d), notice is hereby given that
the Bureau of Land Management (BLM)
will issue an appealable decision to The
Kuskokwim Corporation. The decision
approves the surface estate in the lands
described below for conveyance
pursuant to the Alaska Native Claims
Settlement Act. The subsurface estate in
these lands will be conveyed to Calista
SUMMARY:
E:\FR\FM\13JNN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34246-34248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14536]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment (ACE); Announcement of National
Customs Automation Program Test of Automated Procedures for In-Bond
Shipments Transiting Through the United States From One Point in Canada
to Another Point in Canada
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP) plans to conduct a National Customs Automation Program
(NCAP) test relating to highway movements of commercial goods that are
transported in-bond through the United States from one point in Canada
to another point in Canada. The NCAP test designates a new filing code
in CBP's Automated Commercial Environment (ACE) Truck Manifest System
to identify the shipment as being part of a joint CBP and Canada Border
Services Agency (CBSA) In-Transit Project and requires test
participants to transmit the manifest electronically and to submit an
additional data element. The new filing code and additional data
element will enable CBP and the CBSA to better track the movement of
these goods, to share information about the in-bond movement and to
streamline procedures for test participants. This notice provides a
description of the NCAP test process, sets forth eligibility
requirements for participation, and invites public comment on any
aspect of the planned test.
DATES: The test will commence no earlier than July 13, 2011. Comments
concerning this notice and all aspects of the announced test may be
submitted at any time during the test period.
ADDRESSES: Written comments concerning program, policy and technical
issues should be submitted to Mr. Gary Schreffler, Chief, Cargo Control
Branch, Office of Field Operations, U.S. Customs and Border Protection,
via e-mail at Gary.R.Schreffler@dhs.gov.
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. 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. See T.D. 95-21.
Section 343(a) of the Trade Act of 2002, as amended (the Trade Act;
19 U.S.C. 2071 note), requires CBP to promulgate regulations providing
for the mandatory transmission of electronic cargo information by way
of a CBP approved electronic data interchange (EDI) system before the
cargo is brought into or departs the United States by any mode of
commercial transportation (sea, air, rail or truck). The required cargo
information is that which is reasonably necessary to enable high-risk
shipments to be identified for purposes of ensuring cargo safety and
security and preventing smuggling pursuant to the laws enforced and
administered by CBP.
On December 5, 2003, CBP published a final rule in the Federal
Register (68 FR 68140) to effectuate the provisions of the Trade Act.
In particular, a new Sec. 123.92 (19 CFR 123.92) was added to the
title 19 regulations to implement the requirements for cargo brought
into the United States by truck. As provided in Sec. 123.92, for any
inbound truck required to report its arrival under Sec. 123.1(b) that
will have commercial cargo aboard, CBP must electronically receive
certain information regarding that cargo through a CBP-approved EDI
system no later than either 30 minutes or one hour prior to the
carrier's reaching the first port of arrival in the United States. As
explained in the preamble of the 2003 final rule, the 30 minute time
frame applies to truck carriers arriving with shipments qualified for
clearance under the FAST (Free and Secure Trade) program.
In a notice published in the Federal Register on October 27, 2006
(71 FR 62922), CBP designated the ACE Truck Manifest System as the
approved system for receipt of EDI transmissions of required land
border crossing manifest data. ACE was phased in as the required
transmission system over a six month period at various ports of entry
and CBP now requires ACE to be used for the transmission of advance
electronic truck cargo information at every land border port in which
CBP had planned to require the use of ACE. See, 72 FR 53789, September
20, 2007.
Highway movements of commercial goods that are transported through
the United States from one point in Canada to another point in Canada
must be transported in-bond and processed as Transportation and
Exportation (T&E) entries. The procedures for these in-bond shipments
are addressed in 19 CFR 123.42. Among other things, this regulation
requires the filing of a manifest and various reports to CBP and the
CBSA regarding the movement of the goods. Although reference is made to
a paper manifest, CBP's in-bond process for T&E entries is supported in
the ACE Truck Manifest System. The ACE Truck Manifest System enables
carriers to submit T&E entries by filing an e-Manifest. This NCAP test
requires participants to file their T&E entries using an e-Manifest in
the ACE Truck Manifest System and eliminates one of the reporting
requirements.
Arrangement Between the Canada Border Services Agency and the
Department of Homeland Security, United States Customs and Border
Protection Regarding the Highway In-Transit Project
On March 10, 2011, CBP and the CBSA finalized a memorandum of
understanding (MOU) titled, ``Arrangement Between the Canada Border
Services Agency and the Department of Homeland Security, United States
Customs and Border Protection Regarding the Highway In-Transit
Project.'' In the MOU, CBP and the CBSA state their intention to
implement the Highway In-Transit Project (In-Transit Project) on a
pilot basis for shipments transiting through the United States (from
one point in Canada to another point in Canada) and to later jointly
assess whether to begin implementing the In-Transit Project on a pilot
basis for shipments transiting through Canada (from one point in the
United States to another point in the United States), or on a permanent
basis for one or both types of transit movements. The MOU provides for
the automation of the reporting of in-transit highway movements of
commercial goods between Canada and the United States. The MOU
specifies the criteria that highway carriers must meet in order to
participate in the In-Transit
[[Page 34247]]
Project and provides for the transmission of pre-arrival cargo
(manifest) and conveyance information using mutually identified
electronic data interchange (EDI) highway cargo (manifest) and
conveyance transaction sets. The MOU further allows for the
confidential electronic sharing between the CBSA and CBP of certain
manifest information to be used for the purposes of risk assessment and
tracking of in-transit highway movement of commercial goods between
Canada and the United States.
Implementation of the NCAP Test
In order to facilitate implementation of the In-Transit Project for
shipments transiting the United States from one point in Canada to
another point in Canada, CBP is implementing this NCAP test to
designate a new filing code in the ACE Truck Manifest System for truck
carriers participating in the In-Transit Project to indicate that their
shipments are being shipped as part of the In-Transit Project.
Additionally, under the NCAP test, carriers will file an additional
data element, the Canadian Cargo Control Number (CCN), consisting of a
CBSA-issued carrier code and a unique reference number assigned by the
carrier. The CCN will allow the CBSA and CBP to track in-bond shipments
being transported under the NCAP test and will facilitate the closing
out of these T&E entries. Carriers will only be required to report
their arrival to CBP at the United States port of export and the CBSA
will notify CBP when the shipment enters into Canada. At that point,
the T&E will be updated in the system as exported.
Eligibility and Acceptance
To participate in this NCAP test, a truck carrier must be a bonded
carrier with CBP and the CBSA, be accepted by the CBSA to participate
in the In-Transit Project, and must be able to transmit an e-Manifest
using the American National Standards Institute (ANSI) X12 format to
CBP. For information on how to participate in the In-Transit Project go
to the CBSA Web site at: https://www.cbsa-asfc.gc.ca/prog/manif/transit-eng.html.
Carriers that wish to participate in this NCAP test should send a
letter or e-mail to CBP stating that they meet the eligibility
requirements and that they wish to participate in the NCAP Test of
Automated Procedures for Canada-United States-Canada In-Transit
Movements. The letter or e-mail must include (1) The carrier's name,
(2) Internal Revenue Service number (IRS number), and (3) proof of
acceptance by the CBSA to participate in the In-Transit Project. CBP
will accept the first nine eligible carriers that apply and will notify
the carriers that they have been accepted to participate in the NCAP
test. Applications can be submitted at any time during the test and
should be submitted to Gary Schreffler, Chief, Cargo Control Branch,
Office of Field Operations, U.S. Customs and Border Protection, via e-
mail at Gary.R.Schreffler@dhs.gov.
Method of Transmission of Advance Data and Content
Truck carriers participating in this NCAP test will be required to
file a T&E entry for the in-bond movement by submitting a complete e-
Manifest to CBP using the ANSI X12 format (referred to as a 309
manifest) no later than either 30 minutes or one hour (as applicable)
before entering the United States. A complete e-Manifest using the ANSI
X12 format includes the following components: Trip, crew, conveyance,
equipment, and complete shipment data. At this time, the ACE Secure
Data Portal and the United Nations/Electronic Data Interchange for
Administration, Commerce and Transport (UN/EDIFACT) are not available
for use.
New Filing Code and Data Element
Carriers will indicate that the T&E entry is being filed as part of
the In-Transit Project by designating the entry as a type 70 filing.
Type 62 filings are currently used for Canadian T&E entries transiting
the United States. Additionally, carriers will file an additional data
element, the CCN, issued by the CBSA when the shipment leaves Canada.
The CCN consists of a CBSA-issued carrier code and a unique reference
number assigned by the carrier. The CCN is not required under CBP's
current process. The CCN will be used by CBP to notify the CBSA when
the shipment crosses into the United States and by the CBSA to notify
CBP when the shipment is exported back into Canada.
Processing and Tracking the In-Bond Shipment
The 309 manifest will be processed and retained in ACE as a normal
manifest. Upon arrival in the United States, CBP will generate a
``transit movement authorized'' message (referred to as a 350 message)
that will be sent to the carrier and to the CBSA. The shipment will
then be able to transit the United States and proceed to the United
States port of export as a T&E entry. When the shipment arrives at the
United States port of export, the carrier will report the arrival of
the shipment to CBP via an EDI message or through their ACE portal
account. When the shipment exits the United States and arrives in
Canada, the CBSA will transmit a message (referred to as a 353 message)
notifying CBP that the shipment has entered Canada. CBP will generate
another 350 message and send it to the carrier notifying the carrier
that the shipment has entered Canada and that the T&E entry status is
exported. At this point the T&E entry will be closed with CBP.
No Diversions of In-Bond Shipment Permitted
Carriers transporting a shipment through the United States as part
of this NCAP test will be required to complete the T&E entry by
exporting their shipment to Canada. Carriers will not be allowed to
divert these shipments to a port that is not a land crossing port
between the United States and Canada.
Future Expansion of the Test
Any future expansion in ACE to include a new in-bond filing code
for in-transit movements through Canada and back to the United States
(U.S-Canada-U.S) or expansion of this test to include other
transmission methods, i.e., UN/EDIFACT or ACE Secure Data Portal, will
be announced via a separate Federal Register Notice.
Regulatory Provisions Affected
Regulations that conflict with the terms and conditions of this
test, namely regulations contained in parts 18 and 123, including
section 123.42, are suspended and overridden to the extent of the
conflict for the duration of this test for those participants in this
test and only to the extent of their participation in this test.
Misconduct
If a test participant fails to abide by the rules, procedures, or
term and conditions of this and all other applicable Federal Register
Notices, fails to exercise reasonable care in the execution of
participant obligations, or otherwise fails to comply with all
applicable laws and regulations, then the participant may be suspended
from participation in this test and/or subjected to penalties,
liquidated damages, and/or other administrative or judicial sanction.
Additionally, CBP has the right to suspend a test participant based on
a determination that an unacceptable compliance risk exists. Any
decision proposing suspension may be appealed in writing to the
Assistant Commissioner (Office of Field Operations) within 15 days of
the decision date. Such proposed suspension will apprise the
participant
[[Page 34248]]
of the facts or conduct warranting suspension. Should the participant
appeal the notice of proposed suspension, the participant should
address the facts or conduct charges contained in the notice and state
how he has or will achieve compliance. However, in the case of
willfulness or where public health interests are concerned, the
suspension may be effective immediately.
Test Evaluation Criteria
All interested parties are invited to comment on any aspect of this
test at any time. To ensure adequate feedback, participants are
required to take part in an evaluation of this test. CBP needs comments
and feedback on all aspects of this test, including the design, conduct
and implementation of the test, in order to determine whether to
modify, alter, expand, limit, continue, end or implement this program
by regulation. The final results of the evaluation will be published in
the Federal Register and the Customs Bulletin as required by section
101.9 of the CBP Regulations.
Paperwork Reduction Act
As noted above, CBP will be accepting only nine participants in the
NCAP test. This means that fewer than ten persons will be subject to
any information collections under the NCAP test. Accordingly,
collections of information encompassed within this notice are exempted
from the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
3502 and 3507).
Dated: June 7, 2011.
Thomas Winkowski,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2011-14536 Filed 6-10-11; 8:45 am]
BILLING CODE 9111-14-P
