Automated Commercial Environment (ACE) Export Manifest for Rail Cargo Test, 54305-54308 [2015-22671]
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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HOMELAND
SECURITY
Substance Abuse and Mental Health
Services Administration
U.S. Customs and Border Protection
Automated Commercial Environment
(ACE) Export Manifest for Rail Cargo
Test
Center for Substance Abuse
Prevention; Notice of Meeting
Pursuant to Public Law 92–463,
notice is hereby given that the
Substance Abuse and Mental Health
Services Administration’s (SAMHSA)
Center for Substance Abuse Prevention
(CSAP) Drug Testing Advisory Board
(DTAB) will meet by web conference on
October 26, 2015, from 11 a.m. to 3 p.m.
E.D.T., and on October 27, 2015, from
11 a.m. to 3 p.m. E.D.T. The DTAB will
convene in closed session on both these
days.
On October 26–27, 2015, from 11 a.m.
to 3 p.m., the Board will meet to review
and discuss the final drafts of the
Mandatory Guidelines for Federal
Workplace Drug Testing Programs.
Therefore, this meeting is closed to the
public as determined by the
Administrator, SAMHSA, in accordance
with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C.
App. 2, Section 10(d).
Meeting information and a roster of
DTAB members may be obtained by
accessing the SAMHSA Advisory
Committees Web site, https://
www.samhsa.gov/about-us/advisorycouncils/drug-testing-advisory-boarddtab, or by contacting Dr. Cook.
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Committee Name: Substance Abuse and
Mental Health Services Administration’s
Center for Substance Abuse Prevention Drug
Testing Advisory Board.
Dates/Time/Type: October 26, 2015, from
11 a.m. to 3 p.m. E.D.T.: CLOSED; October
27, 2015, from 11 a.m. to 3 p.m. E.D.T.:
CLOSED.
Place: VTC Conference Room, SAMHSA
Building, 1 Choke Cherry Road, Rockville,
Maryland 20850.
Contact: Janine Denis Cook, Ph.D.,
Designated Federal Official, CSAP Drug
Testing Advisory Board, 1 Choke Cherry
Road, Room 7–1043, Rockville, Maryland
20857, Telephone: 240–276–2600, Fax: 240–
276–2610, Email: janine.cook@
samhsa.hhs.gov.
Janine Denis Cook,
Designated Federal Official, Division of
Workplace Programs, Center for Substance
Abuse Prevention, Substance Abuse and
Mental Health Services Administration.
[FR Doc. 2015–22633 Filed 9–8–15; 8:45 am]
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U.S. Customs and Border
Protection, DHS.
ACTION: General notice.
AGENCY:
This document announces
that U.S. Customs and Border Protection
(CBP) plans to conduct the Automated
Commercial Environment (ACE) Export
Manifest for Rail Cargo Test, a National
Customs Automation Program (NCAP)
test concerning ACE export manifest
capability. The ACE Export Manifest for
Rail Cargo Test is a voluntary test in
which participants agree to submit
export manifest data electronically at
least 2 hours prior to loading of the
cargo onto the rail car in preparation for
departure from the United States or, for
empty rail cars, upon assembly of the
train. CBP regulations do not require
carriers to submit a manifest for export
rail shipments. This notice provides a
description of the test, sets forth
eligibility requirements for
participation, and invites public
comment on any aspect of the test.
DATES: The test will begin no earlier
than October 9, 2015 and will run for
approximately two years. CBP is
accepting applications for participation
in this planned test until CBP has
received applications from nine parties
that meet all test participant
requirements. 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 ACE Export Manifest for Rail
Cargo Test must be submitted via email
to CBP Rail Export Manifest at
cbprailexportmanifest@cbp.dhs.gov. In
the subject ine of the email, please use
‘‘ACE Export Manifest for Rail Cargo
Test Application’’. Written comments
concerning program, policy, and
technical issues may also be submitted
via email to CBP Rail Export Manifest at
cbprailexportmanifest@cbp.dhs.gov. In
the subject line of the email, please use
‘‘Comment on ACE Export Manifest for
Rail Cargo Test’’.
FOR FURTHER INFORMATION CONTACT:
Vincent C. Huang, Cargo and
Conveyance Security, Office of Field
Operations, U.S. Customs & Border
Protection, via email at cbprailexport
manifest@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
The National Customs Automation
Program
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,
Dec. 8, 1993) (Customs Modernization
Act) (19 U.S.C. 1411–14). Through
NCAP, the initial thrust of customs
modernization was on trade compliance
and the development of the Automated
Commercial Environment (ACE), the
planned successor to the Automated
Commercial System (ACS). ACE is an
automated and electronic system for
commercial trade processing which is
intended to streamline business
processes, facilitate growth in trade,
ensure cargo security, and foster
participation in global commerce, while
ensuring compliance with U.S. laws and
regulations and reducing costs for 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 or paper function,
or to create a new function. Each release
begins with a test and ends with
mandatory use of the new ACE feature,
thus retiring the legacy ACS or paper
function as applicable. 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
the authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. The test described in this notice
is authorized pursuant to the Customs
Modernization Act and section 101.9(b)
of title 19 of the Code of Federal
Regulations (19 CFR 101.9(b)) which
provides for the testing of NCAP
programs or procedures. As provided in
19 CFR 101.9(b), for purposes of
conducting an NCAP test, the
Commissioner of CBP may impose
requirements different from those
specified in the CBP regulations.
International Trade Data System (ITDS)
This test is also in furtherance of the
International Trade Data System (ITDS)
key initiatives, set forth in section 405
of the Security and Accountability for
Every Port Act of 2006 (Pub. L. 109–347,
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120 Stat. 1884, Oct. 13, 2006) (SAFE
Port Act) (19 U.S.C. 1411(d)) and
Executive Order 13659 of February 19,
2014, Streamlining the Export/Import
Process for America’s Businesses. The
purpose of ITDS, as stated in section
405 of the SAFE Port Act, is to eliminate
redundant information requirements,
efficiently regulate the flow of
commerce, and effectively enforce laws
and regulations relating to international
trade, by establishing a single portal
system, operated by CBP, for the
collection and distribution of standard
electronic import and export data
required by all participating Federal
agencies. CBP is developing ACE as the
‘‘single window’’ for the trade
community to comply with the ITDS
requirement established by the SAFE
Port Act.
Executive Order 13659 requires that
by December 2016, ACE, as the ITDS
single window, have the operational
capabilities to serve as the primary
means of receiving from users the
standard set of data and other relevant
documentation (exclusive of
applications for permits, licenses, or
certifications) required for the release of
imported cargo and clearance of cargo
for export, and to transition from paperbased requirements and procedures to
faster and more cost-effective electronic
submissions to, and communications
with, U.S. government agencies.
Current Rail Cargo Export Information
Requirements
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Under existing regulations, rail
carriers are not required to submit a
paper or electronic manifest for cargo
exported from the United States by rail.
However, as discussed below, under 19
CFR 192.14, the U.S. Principal Party in
Interest (USPPI) is required to submit
certain advance information to CBP for
export cargo leaving the United States
by rail.1
Section 343(a) of the Trade Act of
2002, as amended (Trade Act) (19 U.S.C.
2071 note), required 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
1 The USPPI is defined in the Bureau of the
Census Foreign Trade Regulations (FTR) as the
person or legal entity in the United States that
receives the primary benefit, monetary or otherwise,
from the export transaction. Generally, that person
or entity is the U.S. seller, manufacturer, or order
party, or the foreign entity while in the United
States when purchasing or obtaining the goods for
export. 15 CFR 30.1.
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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. Section
192.14 of title 19 of the Code of Federal
Regulations (19 CFR 192.14)
implements the requirements of the
Trade Act with regard to cargo departing
the United States.
Under 19 CFR 192.14, the USPPI must
file any required Electronic Export
Information (EEI) for the cargo on the
train in the Automated Export System
(AES). The USPPI or its authorized
agent must transmit and verify system
acceptance of this EEI, generally no later
than 2 hours prior to the arrival of the
train at the border. The rail carrier may
not load cargo without first receiving
from the USPPI or its authorized agent
either the related EEI filing citation,
covering all cargo for which the EEI is
required, or exemption legends,
covering cargo for which EEI need not
be filed. While the rail carrier is not
required to submit a rail cargo export
manifest to CBP, the outbound rail
carrier must annotate the carrier’s
outward manifest, waybill, or other
export documentation with the
applicable AES proof of filing, post
departure, downtime, exclusion or
exemption citations, conforming to the
approved data formats found in the
Bureau of the Census Foreign Trade
Regulations (FTR) (See 15 CFR part 30).
Description of the ACE Export Manifest
for Rail Cargo Test
Purpose
The ACE Export Manifest for Rail
Cargo Test will test the feasibility of
requiring rail carriers to file export
manifest data. In addition, the ACE
Export Manifest for Rail Cargo Test will
test the functionality regarding the filing
of export manifest data for rail cargo
electronically to ACE in furtherance of
the ITDS initiatives described above.
CBP has re-engineered AES to move it
to an ACE system platform. The reengineering and incorporation of AES
into ACE will result in the creation of
a single automated export processing
platform for certain export manifest,
commodity, licensing, export control,
and export targeting transactions. This
will reduce costs for CBP, partner
government agencies, and the trade
community, and improve facilitation of
export shipments through the supply
chain.
The ACE Export Manifest for Rail
Cargo Test will also test the feasibility
of requiring the rail carrier to submit
manifest information electronically in
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ACE generally within a specified time
before the cargo is loaded on the train.
As described in the paragraph below, in
the test, participants will submit export
manifest data electronically to ACE at
least 2 hours prior to loading of the
cargo or, for empty rail cars, upon
assembly of the train. This timeframe
will also enable CBP to link the EEI
submitted by the USPPI with the export
manifest information. This capability
will better enable CBP to assess risk and
effectively target and inspect shipments
prior to the loading of cargo to ensure
compliance with all U.S. export laws.
Procedures
Participants in the ACE Export
Manifest for Rail Cargo Test agree to
provide export manifest data
electronically at least 2 hours prior to
loading of the cargo onto the train in
preparation for departure from the
United States or, for empty rail cars,
upon assembly of the train. The ACE
Export Manifest data submission will be
used to target high-risk rail cargo. CBP
expects that test participants will have
access to the manifest data early in the
planning stages of an export rail cargo
transaction and will be able to comply
with these timeframes. CBP anticipates
that these timeframes will provide CBP
adequate time to perform proper risk
assessment and identification of
shipments to be inspected early enough
in the supply chain to enhance security
while minimizing disruption to the flow
of goods. Although CBP will aim to
identify shipments for inspection prior
to loading, inspections could potentially
happen at any time before the train
departs the United States.
Any rail cargo identified as
potentially high-risk will receive a hold
until required additional information
related to the shipment is submitted to
clarify non-descriptive, inaccurate, or
insufficient information, a physical
inspection is performed, or some other
appropriate action is taken, as specified
by CBP. Once the cargo is cleared for
loading, a release message will be
generated and transmitted to the filer.
Data Elements
The ACE Export Manifest for Rail
Cargo Test data elements are mandatory
unless otherwise indicated. Data
elements that are indicated as
‘‘conditional’’ must be transmitted to
CBP only if the particular information
pertains to the shipment or cargo. The
ACE Export Manifest for Rail Cargo data
elements are to be submitted at the
lowest bill level. The data elements for
all shipments, including empty rail cars,
consist of:
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(1) Mode of Transportation (Rail,
containerized or Rail, noncontainerized)
(2) Port of Departure from the United
States
(3) Date of Departure
(4) Manifest Number
(5) Train Number
(6) Rail Car Order
(7) Car Locator Message
(8) Hazmat Indicator (Yes/No)
(9) 6-character Hazmat Code
(conditional) (If the hazmat
indicator is yes, then UN (for
United Nations Number) or NA
(North American Number) and the
corresponding 4-digit identification
number assigned to the hazardous
material must be provided.)
(10) Marks and Numbers
(11) SCAC (Standard Carrier Alpha
Code) for exporting carrier
(12) Shipper name and address (For
empty rail cars, the shipper may be
the railroad from whom the rail
carrier received the empty rail car
to transport.)
(13) Consignee name and address (For
empty rail cars, the consignee may
be the railroad to whom the rail
carrier is transporting the empty rail
car.)
(14) Place where the rail carrier takes
possession of the cargo shipment or
empty rail car
(15) Port of Unlading
(16) Country of Ultimate Destination
(17) Equipment Type Code
(18) Container Number(s) (for
containerized shipments) or Rail
Car Number(s) (for all other
shipments)
(19) Empty Indicator (Yes/No)
If the empty indicator is no, then the
following data elements must also be
provided, as applicable:
(20) Bill Of Lading Numbers (Master
and House)
(21) Bill of Lading type (Master, House,
Simple or Sub)
(22) Number of house bills of lading
(23) Notify Party name and address
(conditional)
(24) AES Internal Transaction Number
or AES Exemption Statement (per
shipment)
(25) Cargo Description
(26) Weight of Cargo (may be expressed
in either pounds or kilograms)
(27) Quantity of Cargo and Unit of
Measure
(28) Seal Number
(29) Split Shipment Indicator (Yes/No)
(30) Portion of split shipment (e.g. 1 of
10, 4 of 10, 5 of 10—Final. etc.)
(conditional)
(31) In-bond number (conditional)
(32) Mexican Pedimento Number (only
for shipments for export to Mexico)
(conditional)
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There are currently no additional data
elements identified for other
participating U.S. Government Agencies
(PGAs) for the ACE Export Manifest for
Rail Cargo Test. However, CBP may
enhance the test in the future with
additional data or processing
capabilities to assist with facilitation of
rail shipment movements and to be
consistent with Executive Order 13659.
Any such enhancement will be
announced in the Federal Register.
Eligibility Requirements
CBP is limiting this test to nine rail
carriers. There are no restrictions with
regard to organization size, location, or
commodity type. However, participation
is limited to those parties who are able
to electronically transmit export
manifest data in the identified
acceptable format. Prospective ACE
Export Manifest for Rail Cargo Test
participants must have the technical
capability to electronically submit data
to CBP and receive response message
sets via Cargo-ANSI X12 or Unified
XML, and must successfully complete
certification testing with their client
representative. (Unified XML may not
be immediately available at the start of
the test. However, participants wishing
to utilize Unified XML may be accepted,
pending its development and
implementation). Once parties have
applied to participate, they must
complete a test phase to determine if the
data transmission is in the required
readable format. Applicants will be
notified once they have successfully
completed testing and are permitted to
participate fully in the test. In selecting
participants, CBP will take into
consideration the order in which the
applications are received.
Conditions of Participation
Test participants agree to submit
export manifest data electronically to
CBP via an approved EDI at least 2
hours prior to the loading of the cargo
onto the rail car in preparation for
departure from the United States, or, for
empty rail cars, upon assembly of the
train. In addition, test participants agree
to establish operational security
protocols that correspond to CBP hold
messages that mandate the participant
to take responsive action and respond to
CBP confirming that the requested
action was taken to mitigate any threat
identified, respond promptly with
complete and accurate information
when contacted by CBP with questions
regarding the data submitted, and
comply with any Do Not Load
instructions.
Finally, test participants agree to
participate in any teleconferences or
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54307
meetings established by CBP, when
necessary, to ensure any challenges, or
operational or technical issues regarding
the test are properly communicated and
addressed.
Participation in the ACE Export
Manifest for Rail Cargo Test does not
impose any legally binding obligations
on either CBP or the participant, and
CBP generally does not intend to
enforce or levy punitive measures if test
participants are non-compliant with
these conditions of participation during
the test.
Application Process and Acceptance
Those interested in participating in
the ACE Export Manifest for Rail Cargo
Test should submit an email to CBP Rail
Export Manifest at cbprailexport
manifest@cbp.dhs.gov, stating their
interest and their qualifications based
on the above eligibility requirements.
The email will serve as an electronic
signature of intent to participate and
must also include a point of contact
name and telephone number.
Applications will be accepted until CBP
has received applications from nine
parties that meet all test participant
requirements. CBP will notify
applicants whether they have been
selected to participate in the test.
Applicants will also be notified once
they have successfully completed
testing and are permitted to participate
fully in the test.
Test participants will receive
technical, operational, and policy
guidance through all stages of test
participation, from planning to
implementation, on the necessary steps
for the transmission of electronic export
manifest data.
Costs to ACE Export Manifest for Rail
Cargo Test Participants
ACE Export Manifest for Rail Cargo
Test participants are responsible for all
costs incurred as a result of their
participation in the test and such costs
will vary, depending on their preexisting infrastructures.
Benefits to ACE Export Manifest for Rail
Cargo Test Participants
While the benefits to ACE Export
Manifest for Rail Cargo Test participants
will vary, several advantages of joining
may include:
• Reduction in costs associated with
fewer examinations required after cargo
is already loaded on the rail car;
• Reduction in delays and associated
costs as a result of fewer trains being
stopped for inspection at the borders or
less cargo being returned to CBP
custody for inspection once the cargo
has departed the United States;
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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices
require the submission of electronic
export manifest data before the cargo is
loaded onto the train for all
international shipments destined from
the United States. The results of the test
will help determine the relevant data
elements, the time frame within which
data should be submitted to permit CBP
to effectively target, identify, and
mitigate any risk with the least impact
practicable on trade operations, and any
other related procedures and policies.
Paperwork Reduction Act
Confidentiality
Dated: September 3, 2015.
Todd C. Owen,
Assistant Commissioner, Office of Field
Operations.
Regulatory and Statutory Requirements
Participation in the ACE Export
Manifest for Rail Cargo Test does not
alter the participant’s obligations to
comply with any other applicable
statutory and regulatory requirements
and participants will still be subject to
applicable penalties for noncompliance. In addition, submission of
data under the test does not exempt the
participant from any CBP or other U.S.
Government agency program
requirements or any statutory sanctions
in the event that a violation of U.S.
export laws or prohibited articles are
discovered within a shipment/container
presented for export destined from the
United States on a train owned and/or
operated by the participant.
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• More real time accurate
transportation data, such as date and
port of export, when linked to the AES
EEI filing, thereby potentially reducing
the likelihood of penalties (issued to
exporters and/or carriers) pursuant to 15
CFR part 30 for incorrect information;
• Increases in security by leveraging
CBP threat model and other data to
employ a risk-based approach to
improve rail cargo security and to
ensure compliance with U.S. export
laws, rules and regulations through
targeted screening;
• The ability to provide input into
CBP efforts to establish, test, and refine
the interface between government and
industry communication systems for the
implementation of the electronic export
manifest system;
• Facilitation of corporate
preparedness for future mandatory
implementation of electronic export
manifest submission requirements; and
• Facilitation of the movement of
legitimate cargo being transported by
rail across U.S. borders with Canada and
Mexico.
If a test participant fails to abide by
the rules, procedures, or terms 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.
If CBP determines that a suspension is
warranted, CBP will notify the
participant of this decision, the facts or
conduct warranting suspension, and the
date when the suspension will be
effective. In the case of willful
misconduct, or where public health
interests or safety are concerned, the
suspension may be effective
immediately. This decision may be
appealed in writing to the Assistant
Commissioner, Office of Field
Operations, within 15 days of
notification. The appeal should address
the facts or conduct charges contained
in the notice and state how the
participant has or will achieve
compliance. CBP will notify the
participant within 30 days of receipt of
an appeal whether the appeal is granted.
If the participant has already been
suspended, CBP will notify the
participant when their participation in
the test will be reinstated.
Duration and Evaluation of the ACE
Export Manifest for Rail Cargo Test
The test will be activated on a caseby-case basis with each participant and
may be limited to a single or small
number of ports until any operational,
training, or technical issues on either
the trade or government side are
established and/or resolved. The test
will run for approximately two years
from October 9, 2015. While the test is
ongoing, CBP will evaluate the results
and determine whether the test will be
extended, expanded to include
additional participants, or otherwise
modified. CBP will announce any such
modifications by notice in the Federal
Register. When sufficient test analysis
and evaluation has been conducted,
CBP intends to begin rulemaking to
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All data submitted and entered into
ACE 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. However,
participation in this or any ACE test is
not confidential and upon a written
Freedom of Information Act (FOIA)
request, the name(s) of an approved
participant(s) will be disclosed by CBP
in accordance with 5 U.S.C. 552.
Misconduct Under the Test
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As noted above, CBP will be accepting
no more than nine participants in the
ACE Export Manifest for Rail Cargo
Test. This means that fewer than ten
persons will be subject to any
information collections under this test.
Accordingly, collections of information
within this notice are exempted from
the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3502
and 3507).
[FR Doc. 2015–22671 Filed 9–8–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2015–N148;
FXES1130400000C2–156–FF04E00000]
Endangered and Threatened Wildlife
and Plants; Final Recovery Plan for
Dusky Gopher Frog
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce the
availability of the final recovery plan for
the endangered dusky gopher frog. The
recovery plan includes specific recovery
objectives and criteria that must be met
in order for us to downlist the frog to
threatened status under the Endangered
Species Act of 1973, as amended.
ADDRESSES: You may obtain a copy of
the recovery plan from our Web site at
https://www.fws.gov/endangered/
species/recovery-plans.html. You may
also request a copy of the recovery plan
by contacting Linda LaClaire at the
Mississippi Field Office, by U.S. mail at
U.S. Fish and Wildlife Service,
Mississippi Field Office, 6578 Dogwood
View Pkwy, Jackson, MS 39213
(telephone 601–321–1126).
FOR FURTHER INFORMATION CONTACT:
Linda LaClaire (see ADDRESSES, above).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Recovery of endangered or threatened
animals and plants to the point where
they are again secure, self-sustaining
members of their ecosystems is a
primary goal of our endangered species
program and the Endangered Species
Act of 1973, as amended (Act; 16 U.S.C.
1531 et seq.). Recovery means
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Agencies
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54305-54308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22671]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment (ACE) Export Manifest for Rail
Cargo Test
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP) plans to conduct the Automated Commercial Environment
(ACE) Export Manifest for Rail Cargo Test, a National Customs
Automation Program (NCAP) test concerning ACE export manifest
capability. The ACE Export Manifest for Rail Cargo Test is a voluntary
test in which participants agree to submit export manifest data
electronically at least 2 hours prior to loading of the cargo onto the
rail car in preparation for departure from the United States or, for
empty rail cars, upon assembly of the train. CBP regulations do not
require carriers to submit a manifest for export rail shipments. This
notice provides a description of the test, sets forth eligibility
requirements for participation, and invites public comment on any
aspect of the test.
DATES: The test will begin no earlier than October 9, 2015 and will run
for approximately two years. CBP is accepting applications for
participation in this planned test until CBP has received applications
from nine parties that meet all test participant requirements. 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 ACE Export Manifest for
Rail Cargo Test must be submitted via email to CBP Rail Export Manifest
at cbprailexportmanifest@cbp.dhs.gov. In the subject ine of the email,
please use ``ACE Export Manifest for Rail Cargo Test Application''.
Written comments concerning program, policy, and technical issues may
also be submitted via email to CBP Rail Export Manifest at
cbprailexportmanifest@cbp.dhs.gov. In the subject line of the email,
please use ``Comment on ACE Export Manifest for Rail Cargo Test''.
FOR FURTHER INFORMATION CONTACT: Vincent C. Huang, Cargo and Conveyance
Security, Office of Field Operations, U.S. Customs & Border Protection,
via email at cbprailexportmanifest@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The National Customs Automation Program
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, Dec. 8, 1993) (Customs Modernization Act) (19 U.S.C. 1411-14).
Through NCAP, the initial thrust of customs modernization was on trade
compliance and the development of the Automated Commercial Environment
(ACE), the planned successor to the Automated Commercial System (ACS).
ACE is an automated and electronic system for commercial trade
processing which is intended to streamline business processes,
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while ensuring compliance with U.S.
laws and regulations and reducing costs for 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 or
paper function, or to create a new function. Each release begins with a
test and ends with mandatory use of the new ACE feature, thus retiring
the legacy ACS or paper function as applicable. 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
the authority to conduct limited test programs or procedures designed
to evaluate planned components of the NCAP. The test described in this
notice is authorized pursuant to the Customs Modernization Act and
section 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR
101.9(b)) which provides for the testing of NCAP programs or
procedures. As provided in 19 CFR 101.9(b), for purposes of conducting
an NCAP test, the Commissioner of CBP may impose requirements different
from those specified in the CBP regulations.
International Trade Data System (ITDS)
This test is also in furtherance of the International Trade Data
System (ITDS) key initiatives, set forth in section 405 of the Security
and Accountability for Every Port Act of 2006 (Pub. L. 109-347,
[[Page 54306]]
120 Stat. 1884, Oct. 13, 2006) (SAFE Port Act) (19 U.S.C. 1411(d)) and
Executive Order 13659 of February 19, 2014, Streamlining the Export/
Import Process for America's Businesses. The purpose of ITDS, as stated
in section 405 of the SAFE Port Act, is to eliminate redundant
information requirements, efficiently regulate the flow of commerce,
and effectively enforce laws and regulations relating to international
trade, by establishing a single portal system, operated by CBP, for the
collection and distribution of standard electronic import and export
data required by all participating Federal agencies. CBP is developing
ACE as the ``single window'' for the trade community to comply with the
ITDS requirement established by the SAFE Port Act.
Executive Order 13659 requires that by December 2016, ACE, as the
ITDS single window, have the operational capabilities to serve as the
primary means of receiving from users the standard set of data and
other relevant documentation (exclusive of applications for permits,
licenses, or certifications) required for the release of imported cargo
and clearance of cargo for export, and to transition from paper-based
requirements and procedures to faster and more cost-effective
electronic submissions to, and communications with, U.S. government
agencies.
Current Rail Cargo Export Information Requirements
Under existing regulations, rail carriers are not required to
submit a paper or electronic manifest for cargo exported from the
United States by rail. However, as discussed below, under 19 CFR
192.14, the U.S. Principal Party in Interest (USPPI) is required to
submit certain advance information to CBP for export cargo leaving the
United States by rail.\1\
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\1\ The USPPI is defined in the Bureau of the Census Foreign
Trade Regulations (FTR) as the person or legal entity in the United
States that receives the primary benefit, monetary or otherwise,
from the export transaction. Generally, that person or entity is the
U.S. seller, manufacturer, or order party, or the foreign entity
while in the United States when purchasing or obtaining the goods
for export. 15 CFR 30.1.
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Section 343(a) of the Trade Act of 2002, as amended (Trade Act) (19
U.S.C. 2071 note), required 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. Section 192.14 of title 19 of the Code of Federal
Regulations (19 CFR 192.14) implements the requirements of the Trade
Act with regard to cargo departing the United States.
Under 19 CFR 192.14, the USPPI must file any required Electronic
Export Information (EEI) for the cargo on the train in the Automated
Export System (AES). The USPPI or its authorized agent must transmit
and verify system acceptance of this EEI, generally no later than 2
hours prior to the arrival of the train at the border. The rail carrier
may not load cargo without first receiving from the USPPI or its
authorized agent either the related EEI filing citation, covering all
cargo for which the EEI is required, or exemption legends, covering
cargo for which EEI need not be filed. While the rail carrier is not
required to submit a rail cargo export manifest to CBP, the outbound
rail carrier must annotate the carrier's outward manifest, waybill, or
other export documentation with the applicable AES proof of filing,
post departure, downtime, exclusion or exemption citations, conforming
to the approved data formats found in the Bureau of the Census Foreign
Trade Regulations (FTR) (See 15 CFR part 30).
Description of the ACE Export Manifest for Rail Cargo Test
Purpose
The ACE Export Manifest for Rail Cargo Test will test the
feasibility of requiring rail carriers to file export manifest data. In
addition, the ACE Export Manifest for Rail Cargo Test will test the
functionality regarding the filing of export manifest data for rail
cargo electronically to ACE in furtherance of the ITDS initiatives
described above. CBP has re-engineered AES to move it to an ACE system
platform. The re-engineering and incorporation of AES into ACE will
result in the creation of a single automated export processing platform
for certain export manifest, commodity, licensing, export control, and
export targeting transactions. This will reduce costs for CBP, partner
government agencies, and the trade community, and improve facilitation
of export shipments through the supply chain.
The ACE Export Manifest for Rail Cargo Test will also test the
feasibility of requiring the rail carrier to submit manifest
information electronically in ACE generally within a specified time
before the cargo is loaded on the train. As described in the paragraph
below, in the test, participants will submit export manifest data
electronically to ACE at least 2 hours prior to loading of the cargo
or, for empty rail cars, upon assembly of the train. This timeframe
will also enable CBP to link the EEI submitted by the USPPI with the
export manifest information. This capability will better enable CBP to
assess risk and effectively target and inspect shipments prior to the
loading of cargo to ensure compliance with all U.S. export laws.
Procedures
Participants in the ACE Export Manifest for Rail Cargo Test agree
to provide export manifest data electronically at least 2 hours prior
to loading of the cargo onto the train in preparation for departure
from the United States or, for empty rail cars, upon assembly of the
train. The ACE Export Manifest data submission will be used to target
high-risk rail cargo. CBP expects that test participants will have
access to the manifest data early in the planning stages of an export
rail cargo transaction and will be able to comply with these
timeframes. CBP anticipates that these timeframes will provide CBP
adequate time to perform proper risk assessment and identification of
shipments to be inspected early enough in the supply chain to enhance
security while minimizing disruption to the flow of goods. Although CBP
will aim to identify shipments for inspection prior to loading,
inspections could potentially happen at any time before the train
departs the United States.
Any rail cargo identified as potentially high-risk will receive a
hold until required additional information related to the shipment is
submitted to clarify non-descriptive, inaccurate, or insufficient
information, a physical inspection is performed, or some other
appropriate action is taken, as specified by CBP. Once the cargo is
cleared for loading, a release message will be generated and
transmitted to the filer.
Data Elements
The ACE Export Manifest for Rail Cargo Test data elements are
mandatory unless otherwise indicated. Data elements that are indicated
as ``conditional'' must be transmitted to CBP only if the particular
information pertains to the shipment or cargo. The ACE Export Manifest
for Rail Cargo data elements are to be submitted at the lowest bill
level. The data elements for all shipments, including empty rail cars,
consist of:
[[Page 54307]]
(1) Mode of Transportation (Rail, containerized or Rail, non-
containerized)
(2) Port of Departure from the United States
(3) Date of Departure
(4) Manifest Number
(5) Train Number
(6) Rail Car Order
(7) Car Locator Message
(8) Hazmat Indicator (Yes/No)
(9) 6-character Hazmat Code (conditional) (If the hazmat indicator is
yes, then UN (for United Nations Number) or NA (North American Number)
and the corresponding 4-digit identification number assigned to the
hazardous material must be provided.)
(10) Marks and Numbers
(11) SCAC (Standard Carrier Alpha Code) for exporting carrier
(12) Shipper name and address (For empty rail cars, the shipper may be
the railroad from whom the rail carrier received the empty rail car to
transport.)
(13) Consignee name and address (For empty rail cars, the consignee may
be the railroad to whom the rail carrier is transporting the empty rail
car.)
(14) Place where the rail carrier takes possession of the cargo
shipment or empty rail car
(15) Port of Unlading
(16) Country of Ultimate Destination
(17) Equipment Type Code
(18) Container Number(s) (for containerized shipments) or Rail Car
Number(s) (for all other shipments)
(19) Empty Indicator (Yes/No)
If the empty indicator is no, then the following data elements must
also be provided, as applicable:
(20) Bill Of Lading Numbers (Master and House)
(21) Bill of Lading type (Master, House, Simple or Sub)
(22) Number of house bills of lading
(23) Notify Party name and address (conditional)
(24) AES Internal Transaction Number or AES Exemption Statement (per
shipment)
(25) Cargo Description
(26) Weight of Cargo (may be expressed in either pounds or kilograms)
(27) Quantity of Cargo and Unit of Measure
(28) Seal Number
(29) Split Shipment Indicator (Yes/No)
(30) Portion of split shipment (e.g. 1 of 10, 4 of 10, 5 of 10--Final.
etc.) (conditional)
(31) In-bond number (conditional)
(32) Mexican Pedimento Number (only for shipments for export to Mexico)
(conditional)
There are currently no additional data elements identified for
other participating U.S. Government Agencies (PGAs) for the ACE Export
Manifest for Rail Cargo Test. However, CBP may enhance the test in the
future with additional data or processing capabilities to assist with
facilitation of rail shipment movements and to be consistent with
Executive Order 13659. Any such enhancement will be announced in the
Federal Register.
Eligibility Requirements
CBP is limiting this test to nine rail carriers. There are no
restrictions with regard to organization size, location, or commodity
type. However, participation is limited to those parties who are able
to electronically transmit export manifest data in the identified
acceptable format. Prospective ACE Export Manifest for Rail Cargo Test
participants must have the technical capability to electronically
submit data to CBP and receive response message sets via Cargo-ANSI X12
or Unified XML, and must successfully complete certification testing
with their client representative. (Unified XML may not be immediately
available at the start of the test. However, participants wishing to
utilize Unified XML may be accepted, pending its development and
implementation). Once parties have applied to participate, they must
complete a test phase to determine if the data transmission is in the
required readable format. Applicants will be notified once they have
successfully completed testing and are permitted to participate fully
in the test. In selecting participants, CBP will take into
consideration the order in which the applications are received.
Conditions of Participation
Test participants agree to submit export manifest data
electronically to CBP via an approved EDI at least 2 hours prior to the
loading of the cargo onto the rail car in preparation for departure
from the United States, or, for empty rail cars, upon assembly of the
train. In addition, test participants agree to establish operational
security protocols that correspond to CBP hold messages that mandate
the participant to take responsive action and respond to CBP confirming
that the requested action was taken to mitigate any threat identified,
respond promptly with complete and accurate information when contacted
by CBP with questions regarding the data submitted, and comply with any
Do Not Load instructions.
Finally, test participants agree to participate in any
teleconferences or meetings established by CBP, when necessary, to
ensure any challenges, or operational or technical issues regarding the
test are properly communicated and addressed.
Participation in the ACE Export Manifest for Rail Cargo Test does
not impose any legally binding obligations on either CBP or the
participant, and CBP generally does not intend to enforce or levy
punitive measures if test participants are non-compliant with these
conditions of participation during the test.
Application Process and Acceptance
Those interested in participating in the ACE Export Manifest for
Rail Cargo Test should submit an email to CBP Rail Export Manifest at
cbprailexportmanifest@cbp.dhs.gov, stating their interest and their
qualifications based on the above eligibility requirements. The email
will serve as an electronic signature of intent to participate and must
also include a point of contact name and telephone number. Applications
will be accepted until CBP has received applications from nine parties
that meet all test participant requirements. CBP will notify applicants
whether they have been selected to participate in the test. Applicants
will also be notified once they have successfully completed testing and
are permitted to participate fully in the test.
Test participants will receive technical, operational, and policy
guidance through all stages of test participation, from planning to
implementation, on the necessary steps for the transmission of
electronic export manifest data.
Costs to ACE Export Manifest for Rail Cargo Test Participants
ACE Export Manifest for Rail Cargo Test participants are
responsible for all costs incurred as a result of their participation
in the test and such costs will vary, depending on their pre-existing
infrastructures.
Benefits to ACE Export Manifest for Rail Cargo Test Participants
While the benefits to ACE Export Manifest for Rail Cargo Test
participants will vary, several advantages of joining may include:
Reduction in costs associated with fewer examinations
required after cargo is already loaded on the rail car;
Reduction in delays and associated costs as a result of
fewer trains being stopped for inspection at the borders or less cargo
being returned to CBP custody for inspection once the cargo has
departed the United States;
[[Page 54308]]
More real time accurate transportation data, such as date
and port of export, when linked to the AES EEI filing, thereby
potentially reducing the likelihood of penalties (issued to exporters
and/or carriers) pursuant to 15 CFR part 30 for incorrect information;
Increases in security by leveraging CBP threat model and
other data to employ a risk-based approach to improve rail cargo
security and to ensure compliance with U.S. export laws, rules and
regulations through targeted screening;
The ability to provide input into CBP efforts to
establish, test, and refine the interface between government and
industry communication systems for the implementation of the electronic
export manifest system;
Facilitation of corporate preparedness for future
mandatory implementation of electronic export manifest submission
requirements; and
Facilitation of the movement of legitimate cargo being
transported by rail across U.S. borders with Canada and Mexico.
Regulatory and Statutory Requirements
Participation in the ACE Export Manifest for Rail Cargo Test does
not alter the participant's obligations to comply with any other
applicable statutory and regulatory requirements and participants will
still be subject to applicable penalties for non-compliance. In
addition, submission of data under the test does not exempt the
participant from any CBP or other U.S. Government agency program
requirements or any statutory sanctions in the event that a violation
of U.S. export laws or prohibited articles are discovered within a
shipment/container presented for export destined from the United States
on a train owned and/or operated by the participant.
Duration and Evaluation of the ACE Export Manifest for Rail Cargo Test
The test will be activated on a case-by-case basis with each
participant and may be limited to a single or small number of ports
until any operational, training, or technical issues on either the
trade or government side are established and/or resolved. The test will
run for approximately two years from October 9, 2015. While the test is
ongoing, CBP will evaluate the results and determine whether the test
will be extended, expanded to include additional participants, or
otherwise modified. CBP will announce any such modifications by notice
in the Federal Register. When sufficient test analysis and evaluation
has been conducted, CBP intends to begin rulemaking to require the
submission of electronic export manifest data before the cargo is
loaded onto the train for all international shipments destined from the
United States. The results of the test will help determine the relevant
data elements, the time frame within which data should be submitted to
permit CBP to effectively target, identify, and mitigate any risk with
the least impact practicable on trade operations, and any other related
procedures and policies.
Confidentiality
All data submitted and entered into ACE 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. However, participation in this
or any ACE test is not confidential and upon a written Freedom of
Information Act (FOIA) request, the name(s) of an approved
participant(s) will be disclosed by CBP in accordance with 5 U.S.C.
552.
Misconduct Under the Test
If a test participant fails to abide by the rules, procedures, or
terms 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.
If CBP determines that a suspension is warranted, CBP will notify
the participant of this decision, the facts or conduct warranting
suspension, and the date when the suspension will be effective. In the
case of willful misconduct, or where public health interests or safety
are concerned, the suspension may be effective immediately. This
decision may be appealed in writing to the Assistant Commissioner,
Office of Field Operations, within 15 days of notification. The appeal
should address the facts or conduct charges contained in the notice and
state how the participant has or will achieve compliance. CBP will
notify the participant within 30 days of receipt of an appeal whether
the appeal is granted. If the participant has already been suspended,
CBP will notify the participant when their participation in the test
will be reinstated.
Paperwork Reduction Act
As noted above, CBP will be accepting no more than nine
participants in the ACE Export Manifest for Rail Cargo Test. This means
that fewer than ten persons will be subject to any information
collections under this test. Accordingly, collections of information
within this notice are exempted from the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3502 and 3507).
Dated: September 3, 2015.
Todd C. Owen,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2015-22671 Filed 9-8-15; 8:45 am]
BILLING CODE 9111-14-P