Announcement of the Modification of the National Customs Automation Program Test Concerning the Automated Commercial Environment Portal Account To Establish the Exporter Portal Account, 63817-63822 [2015-26751]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
• Terms/Conditions for Access to the
ACE Portal and Subsequent Revisions:
72 FR 27632 (May 16, 2007); 73 FR
38464 (July 7, 2008).
• ACE Non-Portal Accounts and
Related Notice: 70 FR 61466 (October
24, 2005); 71 FR 15756 (March 29,
2006).
• ACE Entry Summary, Accounts and
Revenue (ESAR I) Capabilities: 72 FR
59105 (October 18, 2007).
• ACE Entry Summary, Accounts and
Revenue (ESAR II) Capabilities: 73 FR
50337 (August 26, 2008); 74 FR 9826
(March 6, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR III) Capabilities: 74 FR
69129 (December 30, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR IV) Capabilities: 76 FR
37136 (June 24, 2011).
• Post-Entry Amendment (PEA)
Processing Test: 76 FR 37136 (June 24,
2011).
• ACE Announcement of a New Start
Date for the National Customs
Automation Program Test of Automated
Manifest Capabilities for Ocean and Rail
Carriers: 76 FR 42721 (July 19, 2011).
• ACE Simplified Entry: 76 FR 69755
(November 9, 2011).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Document Image System (DIS): 77
FR 20835 (April 6, 2012).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Simplified Entry: Modification of
Participant Selection Criteria and
Application Process: 77 FR 48527
(August 14, 2012).
• Modification of NCAP Test
Regarding Reconciliation for Filing
Certain Post-Importation Preferential
Tariff Treatment Claims under Certain
FTAs: 78 FR 27984 (May 13, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE): 78 FR 44142 (July
23, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE); Correction: 78 FR
53466 (August 29, 2013).
• Modification of NCAP Test
Concerning Automated Commercial
Environment (ACE) Cargo Release
(formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
• Post-Summary Corrections to Entry
Summaries Filed in ACE Pursuant to the
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ESAR IV Test: Modifications and
Clarifications: 78 FR 69434 (November
19, 2013).
• National Customs Automation
Program (NCAP) Test Concerning the
Submission of Certain Data Required by
the Environmental Protection Agency
and the Food Safety and Inspection
Service Using the Partner Government
Agency Message Set Through the
Automated Commercial Environment
(ACE): 78 FR 75931 (December 13,
2013).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers: 79 FR 6210
(February 3, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release to
Allow Importers and Brokers to Certify
From ACE Entry Summary: 79 FR 24744
(May 1, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Truck Carriers: 79 FR 25142 (May 2,
2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
• Announcement of eBond Test: 79
FR 70881 (November 28, 2014).
• eBond Test Modifications and
Clarifications: Continuous Bond
Executed Prior to or Outside the eBond
Test May Be Converted to an eBond by
the Surety and Principal, Termination of
an eBond by Filing Identification
Number, and Email Address Correction:
80 FR 899 (January 7, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System Relating to Animal and Plant
Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126
(January 30, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the use of Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE) for the Submission
of Certain Data Required by the
Environmental Protection Agency
(EPA): 80 FR 6098 (February 4, 2015).
• Announcement of Modification of
ACE Cargo Release Test to Permit the
Combined Filing of Cargo Release and
Importer Security Filing (ISF) Data: 80
FR 7487 (February 10, 2015).
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63817
• Modification of NCAP Test
Concerning ACE Cargo Release for Type
03 Entries and Advanced Capabilities
for Truck Carriers: 80 FR 16414 (March
27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Air Cargo Test; 80 FR 39790 (July 10,
2015).
• National Customs Automation
Program (NCAP) Concerning Remote
Location Filing Entry Procedures in the
Automated Commercial Environment
(ACE) and the Use of the Document
Image System for the Submission of
Invoices and the Use of eBonds for the
Transmission of Single Transaction
Bonds: 80 FR 40079 (July 13, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Automated Commercial
Environment (ACE) Partner Government
Agency (PGA) Message Set Regarding
Types of Transportation Modes and
Certain Data Required by the National
Highway Traffic Safety Administration
(NHTSA): 80 FR 47938 (August 10,
2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Submission of Certain
Data Required by the Food and Drug
Administration (FDA) Using the Partner
Government Agency (PGA) Message Set
Through the Automated Commercial
Environment (ACE): 80 FR 52051
(August 27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305
(September 7, 2015).
Dated: October 15, 2015.
Cynthia F. Whittenburg,
Acting Assistant Commissioner, Office of
International Trade.
[FR Doc. 2015–26608 Filed 10–20–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Announcement of the Modification of
the National Customs Automation
Program Test Concerning the
Automated Commercial Environment
Portal Account To Establish the
Exporter Portal Account
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Custom and Border Protection’s
(CBP’s) plan to modify the National
SUMMARY:
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Customs Automation Program (NCAP)
test concerning Automated Commercial
Environment (ACE) Portal Accounts to
establish the ACE Exporter Portal
Account, which includes access to
Export Reports and the ability to file
Electronic Export Information (EEI)
through AESDirect. This notice invites
public comment concerning any aspect
of the planned modification, describes
the eligibility and documentation
requirements for applying for or
requesting an ACE Exporter Portal
Account, and outlines the development
and evaluation methodology for the
modification.
Except as stated below, the
modification of the ACE Portal Account
Test described in this notice is effective
October 21, 2015. The testing of the
AESDirect functionality described in
this notice will begin no earlier than
October 1, 2015. This modified test will
continue until concluded by way of
announcement in the Federal Register.
Comments concerning this notice and
any aspect of the announced
modification may be submitted during
the test period to the address set forth
below.
ADDRESSES: Comments concerning this
notice and any aspect of the modified
ACE Portal Account Test may be
submitted at any time during the testing
period via email to Josephine
Baiamonte, ACE Business Office (ABO),
Office of International Trade at
josephine.baiamonte@cbp.dhs.gov. In
the subject line of your email, please
indicate, ‘‘Comment on Exporter Portal
Account FRN’’.
FOR FURTHER INFORMATION CONTACT: For
technical questions related to the
application or request for an ACE Portal
Account contact the ACE Account
Service Desk by calling 1–866–530–
4172, selecting option 1, then option 2,
or by emailing ACE.Support@
cbp.dhs.gov for assistance.
SUPPLEMENTARY INFORMATION:
DATES:
I. Automated Commercial Environment
(ACE)
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A. The National Customs Automation
Program
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement Implementation
Act, Public Law 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
ACE, the planned successor to the
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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
specific legacy ACS functions and add
new functionality. Each release will
begin with a test and, if the test is
successful, will end with
implementation of the functionality
through the promulgation of regulations
governing the new ACE feature and the
retirement of the legacy ACS function.
For the convenience of the public, a
chronological listing of Federal Register
publications detailing ACE test
developments is set forth below in
Section X, entitled, ‘‘Development of
ACE Prototypes.’’ The procedures and
criteria applicable to participation in the
ACE Portal Account Test remain in
effect unless otherwise explicitly
changed by this notice.
B. ACE Portal Accounts
On May 1, 2002, the former U.S.
Customs Service, now CBP, published a
General Notice in the Federal Register
(67 FR 21800) announcing a plan to
conduct a NCAP test of the first phase
of ACE. The test was described as the
first step toward the full electronic
processing of commercial importations
with a focus on defining and
establishing an importer’s account
structure. That General Notice
announced that importers and
authorized parties would be allowed to
access their customs data via an
Internet-based Portal Account. The
notice also set forth eligibility criteria
for companies interested in establishing
ACE Portal Accounts.
Subsequent General Notices expanded
the types of ACE Portal Accounts. On
February 4, 2004, CBP published a
General Notice in the Federal Register
(69 FR 5360) that established ACE Truck
Carrier Accounts. On September 8,
2004, CBP published a General Notice
in the Federal Register (69 FR 54302)
inviting customs brokers to participate
in the ACE Portal Test generally and
informing interested parties that once
they had been notified by CBP that their
request to participate in the ACE Portal
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Account Test had been accepted, they
would be asked to sign and submit a
Terms and Conditions document. CBP
subsequently contacted those
participants and asked them to also sign
and submit an ACE Power of Attorney
form and an Additional Account/
Account Owner Information form. Most
recently, on October 18, 2007, CBP
published a General Notice in the
Federal Register (72 FR 59105)
announcing the expansion of the ACE
portal account types to include the
following types: Carriers (all modes: air,
rail, sea); Cartman; Lighterman; Driver/
Crew; Facility Operator; Filer; Foreign
Trade Zone (FTZ) Operator; Service
Provider; and Surety.
C. Terms and Conditions for Access to
the ACE Portal
On May 16, 2007, CBP published a
General Notice in the Federal Register
(72 FR 27632) announcing a revision of
the terms and conditions that must be
followed as a condition for access to the
ACE Portal. The terms and conditions in
that Notice supersede and replace the
Terms and Conditions document
previously signed and submitted to CBP
by ACE Portal Account Owners. The
principal changes to the ACE Terms and
Conditions included a revised definition
of ‘‘Account Owner’’ to permit either an
individual or a legal entity to serve in
this capacity, new requirements relating
to providing notice to CBP when there
has been a material change in the status
of the Account and/or Account Owner,
and explanatory provisions as to how
the information from a particular
account may be accessed through the
ACE Portal when that account is
transferred to a new owner.
On July 7, 2008, CBP published a
General Notice in the Federal Register
(73 FR 38464) which revised the terms
and conditions set forth in the May 16,
2007 Notice regarding the period of
Portal inactivity which will result in
termination of access to the ACE Portal.
The July 7, 2008 Notice provided that if
forty-five (45) consecutive days elapse
without an Account Owner, Proxy
Account Owner, or an Account User
accessing the ACE Portal, access to the
Portal will be terminated. The time
period for allowable Portal inactivity
was previously ninety (90) days.
D. ACE Non-Portal Accounts
CBP has also permitted certain parties
to participate in ACE without
establishing ACE Portal Accounts, i.e.,
‘‘Non-Portal Accounts.’’ On October 24,
2005, CBP published a General Notice
in the Federal Register (70 FR 61466)
announcing that CBP would no longer
require importers to establish ACE
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Portal Accounts in order to deposit
estimated duties and fees as a part of
Periodic Monthly Statement (PMS). CBP
decided it would only require importers
to establish a Non-Portal Account to
participate in PMS. On March 29, 2006,
CBP published another General Notice
in the Federal Register (71 FR 15756)
announcing that truck carriers who do
not have ACE Portal Accounts may use
third parties to transmit truck manifest
information on their behalf
electronically in the ACE Truck
Manifest system via Electronic Data
Interface (EDI) messaging. Truck carriers
who elect to use this transmission
method will not have access to
operating data and will not receive
status messages on ACE transactions,
nor will they have access to integrated
Account data from multiple system
sources.
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II. Automated Export System (AES)
AES is the electronic method for the
U.S. Principal Party in Interest (USPPI)
or its authorized agent to file export
commodity and transportation
information, known as Electronic Export
Information (EEI), directly with CBP and
the Census Bureau. EEI is the electronic
equivalent to the Shipper’s Export
Declaration (SED), a paper form
previously used by exporters to report
export information.1 The purpose of
AES is to be the central point through
which CBP collects and maintains
export data and related records to
facilitate CBP’s law enforcement and
border security missions. CBP uses EEI
to further its mission of ensuring the
safety and security of cargo and
preventing smuggling, expediting
legitimate international trade and
enforcing export and other applicable
U.S. laws.2 The Census Bureau uses EEI
to compile and publish export trade
statistics.
On April 5, 2014, AES was reengineered and incorporated into ACE.
General information and a list of AES
certified software vendors is available
1 The SED became obsolete in 2008 with the
implementation of the Department of Commerce
Foreign Trade Regulations (FTR) and has been
superseded by the EEI filed in the AES. See 15 CFR
30.1. See also 19 CFR 192.14 regarding required
EEI.
2 Section 343(a) of the Trade Act of 2002, as
amended (Trade Act) (19 U.S.C. 2071 note) requires
CBP to promulgate regulations providing for
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 from the United States by
any mode of commercial transportation (i.e., sea,
air, rail, or truck). 19 CFR 192.14 implements the
requirements of the Trade Act with regard to cargo
departing the United States. It requires the USPPI
or its authorized agent to file any required EEI for
the cargo.
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on the following Web site: https://
www.cbp.gov/trade/aes. That Web site
also has information regarding the AES
Trade Interface Requirements (AESTIR)
and the American National Standards
Institute standard known as ANSI X.12,
which contain the formatting
requirements for the electronic
transmission of commodity and
transportation export data to CBP via
AES. Additional information regarding
AES is available under the ‘‘Getting
Started’’ section of the Web site address
provided above.
AES offers several options for
transmitting export commodity and
transportation data, which includes the
choice of using software developed by
the user, software purchased from a
vendor, a Value Added Network (VAN)
electronic mailbox, the facilities of a
port authority or service center, or
AESDirect, a free internet application
supported by the Census Bureau.
AESDirect came on-line in October 1999
and allows USPPIs or their authorized
agents to file EEI free of charge using a
variety of electronic transmission
methods, the most popular of which is
a web-based portal through which users
may file any required EEI. AESDirect
also provides USPPIs or their authorized
agents with access to export reports that
compile the data from EEI filings
associated with a user account.
III. Authorization for Modification of
the ACE Portal Account Test
The Customs Modernization Act
authorizes the Commissioner of CBP to
conduct limited test programs or
procedures designed to evaluate
planned components of the NCAP. The
ACE Portal Account Test, as modified in
this notice, is authorized pursuant to
§ 101.9(b) of title 19 of the Code of
Federal Regulations (19 CFR 101.9(b)),
which provides for the testing of NCAP
programs or procedures. See Treasury
Decision (T.D.) 95–21.
IV. Modification of the ACE Portal
Account Test
This notice announces CBP’s plan to
modify the ACE Portal Account Test to
establish limited export functionality
within the ACE Portal Account.
Features of this new portal account
type, as well as the eligibility and
documentation requirements for
applying for an ACE Exporter Portal
Account, are described below.
A. Exporter Portal Accounts
1. Exporter Portal Account
Functionality
The ACE Exporter Portal Account
provides exporters a new ‘‘exporter
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63819
view’’ to the ACE Portal that permits
exporters to access the export data
associated with an Employer
Identification Number (EIN), i.e., Export
Reports. The Exporter Portal Account
provides access to an Export Reports
workspace that contains approximately
120 data objects, which mirror the data
previously available to exporters upon
request from the Census Bureau. The
workspace will contain three standard
reports that will provide transaction
data for account users. Users will be
able to modify and save these reports to
create custom queries as well as build
and save new reports using any desired
combination of data objects available
based on data elements in each report.
Beginning no earlier than October 1,
2015, the ACE Exporter Account Portal
will enable USPPIs or their authorized
agents to transmit EEI by selecting the
‘‘Submit AESDirect Filings’’ link in the
exporter view. Selecting this link will
direct USPPIs or their authorized agents
to a Web page prompting users to accept
the Terms and Conditions governing the
use of ACE AESDirect. After accepting
these Terms and Conditions, USPPIs or
their authorized agents will gain access
to the AESDirect portal in ACE that will
allow them to file their required EEI.
ACE AESDirect is intended to replace
the legacy AESDirect operated by the
Census Bureau and provide online
internet filing and upload capabilities to
facilitate the transmission of EEI. During
the testing period of the ACE AESDirect
portal, USPPIs or their authorized
agents may continue to use legacy
AESDirect for filing EEI. Once ACE
AESDirect is fully operational, the
Census Bureau plans to discontinue the
legacy AESDirect filing application.
AESDirect filing functionality through
the ACE Exporter Account Portal will
initially be available to certain USPPIs
that have been selected by the Census
Bureau. After this brief initial phase,
CBP will announce the public
availability of this functionality on its
Web site at https://www.cbp.gov/trade/
automated.
2. Overview of Exporter Portal Account
Creation
The owner of an ACE Exporter Portal
Account will have the ability to create
and maintain through the ACE Portal
information regarding the name,
address, and contact information for the
corporate and individual account owner
for the exporter account. Exporters will
use the existing account structure
established for the use of importers
within the ACE portal.
New ACE users without an existing
portal account will be required to apply
for an ACE Exporter Portal Account, as
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have been completed and applications
will be handled in the order in which
they are received.
B. Establishing an Exporter Portal
Account
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explained in Section B.1 below. An
application to establish an ACE Exporter
Portal Account by new ACE users will
initiate the approval process which
requires the account owner to provide
additional information required to
complete the process. Before a new ACE
user can establish an Exporter Portal
Account, the Census Bureau must vet
and approve prospective users.
Existing ACE Portal Account owners
should follow instructions in Section
B.2 below. Current ACE account holders
must request an exporter account view
within their existing portal account to
access these functions. An existing ACE
user who requests an ACE Exporter
Portal Account will be asked to provide
corporate and contact information to
complete the process.
The account owner for new and
existing ACE portal accounts may
register additional EINs for subsidiary
business units. To do so, the account
owner must first register the principal
EIN and then add subsidiary EINs to the
account. A company operating under a
single EIN will be designated as the
account owner upon registration. If a
subsidiary EIN is added to the account
that has not yet been verified by CBP,
the Census Bureau must vet and
approve the newly added EIN before the
subsidiary can access the Exporter
Portal Account.
ACE test participants must agree to
the ‘‘Terms and Conditions for Account
Access of the Automated Commercial
Environment (ACE) Portal.’’ See 72 FR
27632 (May 16, 2007) and 73 FR 38464
(July 7, 2008). New ACE users will be
prompted to accept these Terms and
Conditions during the application
process. Upon completion of the
application process, the applicant will
receive an email message and be
prompted to log in with the exporter’s
username and password which will
create the ACE Exporter Portal Account.
Once an account is created, the exporter
will be provided with ‘‘exporter view’’
from the exporter home page.
Corporate Information
1. New ACE Portal Account Owner
Parties who do not have an ACE
Portal Account may apply for an
Exporter Portal Account according to
the instructions on the following Web
site: https://www.cbp.gov/trade/
automated/getting-started/using-acesecure-data-portal. Applicants will be
required to complete an on-line
application and provide ‘‘Corporate
Information’’ and ‘‘ACE Account
Owner’’ information listed below. The
vetting process will begin once all steps
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Corporate Information
1. EIN Number (SSN not allowed)
2. Company Name
3. DUNS Number (optional)
4. End of Fiscal Year (month and day)
5. Mailing Address (P.O. box not
allowed)
ACE Account Owner
6. Name
7. Date of Birth
8. Email Address
9. Telephone Number
10. Fax Number (optional)
11. Address (if the Account Owner’s
Address differs from the Corporate
Address provided above)
Once the ACE Exporter Portal
Account application has been
completed, the applicant will receive an
email message to confirm submission of
the application and direct the applicant
how to log on to ACE to complete the
account setup process and access the
ACE Exporter Portal Account.3
Applicants who have not received an
email message within 24 hours should
contact the ACE Account Service Desk
by calling 1–866–530–4172, selecting
option 1, then option 2, or by emailing
ACE.Support@cbp.dhs.gov for
assistance.
2. Existing ACE Portal Account Owners
Parties that have an existing ACE
Portal Account may request an Exporter
Portal Account through their established
ACE portal account. For these accounts,
the account owner may establish access
to the Exporter Portal Account
functionality according to the
instructions on the following Web site:
https://www.cbp.gov/trade/automated/
getting-started/using-ace-secure-dataportal. In order to request Exporter
Portal Account access the account
owner will be asked to provide the
following information:
1. Exporter Company Name
2. EIN Number (SSN not allowed)
3. DUNS Number (optional)
4. Other Company Names (optional)
5. Mailing Address (P.O. box not
allowed)
6. Company Telephone (optional)
3 Establishing an ACE Exporter Portal Account
does not automatically provide access to the ACE
Portal Account features for importers. Applicants
wishing to establish an ACE Portal Account should
submit an application by clicking on the ‘‘Apply for
an Account’’ link located under the ACE Secure
Data Portal sidebar on the following Web site:
https://www.cbp.gov/trade/automated.
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7. Web site Address (optional)
Contact Information
1. Name
2. Date of Birth (optional)
3. Address (optional)
4. Email Address (optional)
5. Telephone Number (optional)
6. Fax Number (optional)
Once the existing ACE Account
Owner completes the process, the
Exporter Portal Account will be created
and the account owner will be able to
access the Exporter Portal Account
functionality.
V. Test Duration
Except as stated below, the
modification of the ACE Portal Account
Test announced in this notice is
effective on October 21, 2015. The
testing of the AESDirect functionality
announced in this notice will begin no
earlier than October 1, 2015. This
modified test will continue until
concluded by way of announcement in
the Federal Register. At the conclusion
of the testing of the modification, an
evaluation will be conducted and the
results of that evaluation will be
published in the Federal Register and
the Customs Bulletin as required by
section 101.9(b)(2) of the CBP
regulations (19 CFR 101.9(b)(2)).
VI. Comments
All interested parties are invited to
comment on any aspect of this ACE
Portal Account Test, as modified by this
notice, for the duration of the modified
test. CBP requests comments and
feedback on all aspects of this
modification, including the design,
conduct and implementation of the
modification, in order to determine
whether to modify, alter, expand, limit,
continue, end, or fully implement this
modification.
VII. Paperwork Reduction Act
The ACE Exporter Portal Account
application has been approved by the
Office of Management and Budget
(OMB) in accordance with the
requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) and
assigned OMB control number 1651–
0105. The information collection
conducted under AES, including
AESDirect, has been previously
approved by OMB in accordance with
the requirements of the Paperwork
Reduction Act and assigned OMB
control number 0607–0152. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB.
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VIII. 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. EEI is also
subject to the confidentiality provisions
of 15 CFR 30.60. As stated in previous
notices, participation in the ACE Portal
Account Test or any of the previous
ACE tests is not confidential and upon
a written Freedom of Information Act
(FOIA) request, a name(s) of an
approved participant(s) will be
disclosed by CBP in accordance with 5
U.S.C. 552.
tkelley on DSK3SPTVN1PROD with NOTICES
IX. Misconduct Under the Test
A test participant may be subject to
civil and criminal penalties,
administrative sanctions, liquidated
damages, or discontinuance from
participation in the ACE Portal Account
Test, as modified by this notice, for any
of the following:
(1) Failure to follow the terms and
conditions of this test;
(2) Failure to exercise reasonable care
in the execution of participant
obligations;
(3) Failure to abide by applicable laws
and regulations that have not been
waived; or
(4) Failure to deposit duties, taxes or
fees in a timely manner.
If the Director, Business
Transformation Division, ACE Business
Office (ABO), Office of International
Trade, finds that there is a basis for
discontinuance of test participation
privileges, the test participant will be
provided a written notice proposing the
discontinuance with a description of the
facts or conduct warranting the action.
The test participant will be offered the
opportunity to appeal the Director’s
decision in writing within 10 calendar
days of receipt of the written notice. The
appeal must be submitted to the
Executive Director, ABO, Office of
International Trade, by emailing
Deborah.Augustin@cbp.dhs.gov.
The Executive Director will issue a
decision in writing on the proposed
action within 30 working days after
receiving a timely filed appeal from the
test participant. If no timely appeal is
received, the proposed notice becomes
the final decision of the Agency as of
the date that the appeal period expires.
A proposed discontinuance of a test
participant’s privileges will not take
effect unless the appeal process under
this paragraph has been concluded with
a written decision adverse to the test
participant.
In the case of willfulness or those in
which public health, interest, or safety
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
so requires, the Director, Business
Transformation Division, ABO, Office of
International Trade, may immediately
discontinue the test participant’s
privileges upon written notice to the test
participant. The notice will contain a
description of the facts or conduct
warranting the immediate action. The
test participant will be offered the
opportunity to appeal the Director’s
decision within 10 calendar days of
receipt of the written notice providing
for immediate discontinuance. The
appeal must be submitted to the
Executive Director, ABO, Office of
International Trade, by emailing
Deborah.Augustin@cbp.dhs.gov. The
immediate discontinuance will remain
in effect during the appeal period. The
Executive Director will issue a decision
in writing on the discontinuance within
15 working days after receiving a timely
filed appeal from the test participant. If
no timely appeal is received, the notice
becomes the final decision of the
Agency as of the date that the appeal
period expires.
X. Development of ACE Prototypes
A chronological listing of Federal
Register publications detailing ACE test
developments is set forth below.
• ACE Portal Accounts and
Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 69 FR 5360 and 69
FR 5362 (February 4, 2004); 69 FR
54302 (September 8, 2004); 70 FR 5199
(February 1, 2005).
• ACE System of Records Notice: 71
FR 3109 (January 19, 2006).
• Terms/Conditions for Access to the
ACE Portal and Subsequent Revisions:
72 FR 27632 (May 16, 2007); 73 FR
38464 (July 7, 2008).
• ACE Non-Portal Accounts and
Related Notice: 70 FR 61466 (October
24, 2005); 71 FR 15756 (March 29,
2006).
• ACE Entry Summary, Accounts and
Revenue (ESAR I) Capabilities: 72 FR
59105 (October 18, 2007).
• ACE Entry Summary, Accounts and
Revenue (ESAR II) Capabilities: 73 FR
50337 (August 26, 2008); 74 FR 9826
(March 6, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR III) Capabilities: 74 FR
69129 (December 30, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR IV) Capabilities: 76 FR
37136 (June 24, 2011).
• Post-Entry Amendment (PEA)
Processing Test: 76 FR 37136 (June 24,
2011).
• ACE Announcement of a New Start
Date for the National Customs
Automation Program Test of Automated
Manifest Capabilities for Ocean and Rail
Carriers: 76 FR 42721 (July 19, 2011).
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Frm 00085
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63821
• ACE Simplified Entry: 76 FR 69755
(November 9, 2011).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Document Image System (DIS): 77
FR 20835 (April 6, 2012).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Simplified Entry: Modification of
Participant Selection Criteria and
Application Process: 77 FR 48527
(August 14, 2012).
• Modification of NCAP Test
Regarding Reconciliation for Filing
Certain Post-Importation Preferential
Tariff Treatment Claims under Certain
FTAs: 78 FR 27984 (May 13, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE): 78 FR 44142 (July
23, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE); Correction: 78 FR
53466 (August 29, 2013).
• Modification of NCAP Test
Concerning Automated Commercial
Environment (ACE) Cargo Release
(formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
• Post-Summary Corrections to Entry
Summaries Filed in ACE Pursuant to the
ESAR IV Test: Modifications and
Clarifications: 78 FR 69434 (November
19, 2013).
• National Customs Automation
Program (NCAP) Test Concerning the
Submission of Certain Data Required by
the Environmental Protection Agency
and the Food Safety and Inspection
Service Using the Partner Government
Agency Message Set Through the
Automated Commercial Environment
(ACE): 78 FR 75931 (December 13,
2013).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers: 79 FR 6210
(February 3, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release to
Allow Importers and Brokers to Certify
From ACE Entry Summary: 79 FR 24744
(May 1, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
E:\FR\FM\21OCN1.SGM
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tkelley on DSK3SPTVN1PROD with NOTICES
63822
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
Environment (ACE) Cargo Release for
Truck Carriers: 79 FR 25142 (May 2,
2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
• Announcement of eBond Test: 79
FR 70881 (November 28, 2014).
• eBond Test Modifications and
Clarifications: Continuous Bond
Executed Prior to or Outside the eBond
Test May Be Converted to an eBond by
the Surety and Principal, Termination of
an eBond by Filing Identification
Number, and Email Address Correction:
80 FR 899 (January 7, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System Relating to Animal and Plant
Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126
(January 30, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the use of Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE) for the Submission
of Certain Data Required by the
Environmental Protection Agency
(EPA): 80 FR 6098 (February 4, 2015).
• Announcement of Modification of
ACE Cargo Release Test to Permit the
Combined Filing of Cargo Release and
Importer Security Filing (ISF) Data: 80
FR 7487 (February 10, 2015).
• Modification of NCAP Test
Concerning ACE Cargo Release for Type
03 Entries and Advanced Capabilities
for Truck Carriers: 80 FR 16414 (March
27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10,
2015).
• National Customs Automation
Program (NCAP) Concerning Remote
Location Filing Entry Procedures in the
Automated Commercial Environment
(ACE) and the Use of the Document
Image System for the Submission of
Invoices and the Use of eBonds for the
Transmission of Single Transaction
Bonds: 80 FR 40079 (July 13, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Automated Commercial
Environment (ACE) Partner Government
Agency (PGA) Message Set Regarding
Types of Transportation Modes and
Certain Data Required by the National
Highway Traffic Safety Administration
(NHTSA): 80 FR 47938 (August 10,
2015).
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
• Automated Commercial
Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305
(September 7, 2015).
Dated: October 15, 2015.
Cynthia F. Whittenburg,
Acting Assistant Commissioner, Office of
International Trade.
[FR Doc. 2015–26751 Filed 10–20–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR 5889–N–01]
Implementation of the Tribal HUD–VA
Supportive Housing Program
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
This Notice sets forth the
policies and procedures for the
administration of a supportive housing
and rental demonstration program
called the Tribal HUD–VA Supportive
Housing program (Tribal HUD–VASH).
The program will provide rental
assistance and supportive services to
Native American veterans who are
Homeless or At Risk of Homelessness
living on or near a reservation or other
Indian areas. HUD is making available
$4 million in grant funding to Indian
tribes and tribally designated housing
entities (TDHEs) to fund this rental
assistance and associated administrative
fees. Indian tribes and TDHEs
participating in this program must
partner with the Department of Veterans
Affairs (VA) to provide healthcare
assistance to eligible Native American
veterans.
SUMMARY:
DATES:
Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Randall Akers, Office of Native
American Programs, Office of Public
and Indian Housing, Department of
Housing and Urban Development, 451
7th Street SW., Room 4126, Washington,
DC 20410, telephone number (202) 402–
7914. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Background
II. Definitions
III. Program Requirements
IV. Allocation of Assistance
V. Application for Tribal HUD–VASH
Program
VI. Tribal HUD–VASH Program
Requirements, Waivers, and Alternative
Requirements
VII. Environmental Impact
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
I. Background
Since Fiscal Year (FY) 2008, the
Housing Choice Voucher (HCV) program
has provided rental assistance under a
supportive housing program for
Homeless veterans authorized by
section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o)(19)). The initiative, known as
the HUD–VA Supportive Housing
(HUD–VASH) program, was initially
authorized by the Consolidated
Appropriations Act, 2008 (Pub. L. 110–
161, approved December 26, 2007).
The HUD–VASH program combines
HCV rental assistance for Homeless
veterans with Case Management and
clinical services provided by or through
the VA through Veterans
Administration Medical Centers
(VAMC). Historically, this program has
not reached Native American veterans
in tribal communities due to legal
impediments preventing tribes and
TDHEs from participating in the HUD–
VASH program.
In the Consolidated and Further
Continuing Appropriations Act, 2015
(Pub. L. 113–235, approved December
16, 2014) (‘‘2015 Appropriations Act’’),
Congress authorized funding for a
demonstration program in order to
expand the HUD–VASH program into
Indian Country. The 2015
Appropriations Act directed HUD to
coordinate with Indian tribes, TDHEs,
and other appropriate tribal
organizations on the design of this
program, and to ensure the effective
delivery of housing assistance and
supportive services to Native American
veterans who are Homeless or At Risk
of Homelessness. It also authorized
HUD to make appropriate adjustments
to the HUD–VASH model, and to waive
or specify alternative requirements
(except for requirements related to fair
housing, nondiscrimination, labor
standards, and the environment) for any
provision of any statute or regulation
that it administers if it finds that they
are necessary for the effective delivery
and administration of rental assistance
under the program.
On January 26, 2015, HUD sent a
‘‘Dear Tribal Leader’’ letter to tribal
leaders, tribal organizations, and TDHE
directors soliciting comments on a
Tribal HUD–VASH demonstration
program (Tribal HUD–VASH). HUD also
held a national listening session at the
National American Indian Housing
Council’s Legislative Conference held
on February 2, 2015, followed by
regional listening sessions held at each
of the six Office of Native American
Programs (ONAP) field offices. HUD
also received a number of comments
E:\FR\FM\21OCN1.SGM
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Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63817-63822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26751]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Announcement of the Modification of the National Customs
Automation Program Test Concerning the Automated Commercial Environment
Portal Account To Establish the Exporter Portal Account
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces U.S. Custom and Border Protection's
(CBP's) plan to modify the National
[[Page 63818]]
Customs Automation Program (NCAP) test concerning Automated Commercial
Environment (ACE) Portal Accounts to establish the ACE Exporter Portal
Account, which includes access to Export Reports and the ability to
file Electronic Export Information (EEI) through AESDirect. This notice
invites public comment concerning any aspect of the planned
modification, describes the eligibility and documentation requirements
for applying for or requesting an ACE Exporter Portal Account, and
outlines the development and evaluation methodology for the
modification.
DATES: Except as stated below, the modification of the ACE Portal
Account Test described in this notice is effective October 21, 2015.
The testing of the AESDirect functionality described in this notice
will begin no earlier than October 1, 2015. This modified test will
continue until concluded by way of announcement in the Federal
Register. Comments concerning this notice and any aspect of the
announced modification may be submitted during the test period to the
address set forth below.
ADDRESSES: Comments concerning this notice and any aspect of the
modified ACE Portal Account Test may be submitted at any time during
the testing period via email to Josephine Baiamonte, ACE Business
Office (ABO), Office of International Trade at
josephine.baiamonte@cbp.dhs.gov. In the subject line of your email,
please indicate, ``Comment on Exporter Portal Account FRN''.
FOR FURTHER INFORMATION CONTACT: For technical questions related to the
application or request for an ACE Portal Account contact the ACE
Account Service Desk by calling 1-866-530-4172, selecting option 1,
then option 2, or by emailing ACE.Support@cbp.dhs.gov for assistance.
SUPPLEMENTARY INFORMATION:
I. Automated Commercial Environment (ACE)
A. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement Implementation Act, Public Law 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 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 specific legacy ACS
functions and add new functionality. Each release will begin with a
test and, if the test is successful, will end with implementation of
the functionality through the promulgation of regulations governing the
new ACE feature and the retirement of the legacy ACS function.
For the convenience of the public, a chronological listing of
Federal Register publications detailing ACE test developments is set
forth below in Section X, entitled, ``Development of ACE Prototypes.''
The procedures and criteria applicable to participation in the ACE
Portal Account Test remain in effect unless otherwise explicitly
changed by this notice.
B. ACE Portal Accounts
On May 1, 2002, the former U.S. Customs Service, now CBP, published
a General Notice in the Federal Register (67 FR 21800) announcing a
plan to conduct a NCAP test of the first phase of ACE. The test was
described as the first step toward the full electronic processing of
commercial importations with a focus on defining and establishing an
importer's account structure. That General Notice announced that
importers and authorized parties would be allowed to access their
customs data via an Internet-based Portal Account. The notice also set
forth eligibility criteria for companies interested in establishing ACE
Portal Accounts.
Subsequent General Notices expanded the types of ACE Portal
Accounts. On February 4, 2004, CBP published a General Notice in the
Federal Register (69 FR 5360) that established ACE Truck Carrier
Accounts. On September 8, 2004, CBP published a General Notice in the
Federal Register (69 FR 54302) inviting customs brokers to participate
in the ACE Portal Test generally and informing interested parties that
once they had been notified by CBP that their request to participate in
the ACE Portal Account Test had been accepted, they would be asked to
sign and submit a Terms and Conditions document. CBP subsequently
contacted those participants and asked them to also sign and submit an
ACE Power of Attorney form and an Additional Account/Account Owner
Information form. Most recently, on October 18, 2007, CBP published a
General Notice in the Federal Register (72 FR 59105) announcing the
expansion of the ACE portal account types to include the following
types: Carriers (all modes: air, rail, sea); Cartman; Lighterman;
Driver/Crew; Facility Operator; Filer; Foreign Trade Zone (FTZ)
Operator; Service Provider; and Surety.
C. Terms and Conditions for Access to the ACE Portal
On May 16, 2007, CBP published a General Notice in the Federal
Register (72 FR 27632) announcing a revision of the terms and
conditions that must be followed as a condition for access to the ACE
Portal. The terms and conditions in that Notice supersede and replace
the Terms and Conditions document previously signed and submitted to
CBP by ACE Portal Account Owners. The principal changes to the ACE
Terms and Conditions included a revised definition of ``Account Owner''
to permit either an individual or a legal entity to serve in this
capacity, new requirements relating to providing notice to CBP when
there has been a material change in the status of the Account and/or
Account Owner, and explanatory provisions as to how the information
from a particular account may be accessed through the ACE Portal when
that account is transferred to a new owner.
On July 7, 2008, CBP published a General Notice in the Federal
Register (73 FR 38464) which revised the terms and conditions set forth
in the May 16, 2007 Notice regarding the period of Portal inactivity
which will result in termination of access to the ACE Portal. The July
7, 2008 Notice provided that if forty-five (45) consecutive days elapse
without an Account Owner, Proxy Account Owner, or an Account User
accessing the ACE Portal, access to the Portal will be terminated. The
time period for allowable Portal inactivity was previously ninety (90)
days.
D. ACE Non-Portal Accounts
CBP has also permitted certain parties to participate in ACE
without establishing ACE Portal Accounts, i.e., ``Non-Portal
Accounts.'' On October 24, 2005, CBP published a General Notice in the
Federal Register (70 FR 61466) announcing that CBP would no longer
require importers to establish ACE
[[Page 63819]]
Portal Accounts in order to deposit estimated duties and fees as a part
of Periodic Monthly Statement (PMS). CBP decided it would only require
importers to establish a Non-Portal Account to participate in PMS. On
March 29, 2006, CBP published another General Notice in the Federal
Register (71 FR 15756) announcing that truck carriers who do not have
ACE Portal Accounts may use third parties to transmit truck manifest
information on their behalf electronically in the ACE Truck Manifest
system via Electronic Data Interface (EDI) messaging. Truck carriers
who elect to use this transmission method will not have access to
operating data and will not receive status messages on ACE
transactions, nor will they have access to integrated Account data from
multiple system sources.
II. Automated Export System (AES)
AES is the electronic method for the U.S. Principal Party in
Interest (USPPI) or its authorized agent to file export commodity and
transportation information, known as Electronic Export Information
(EEI), directly with CBP and the Census Bureau. EEI is the electronic
equivalent to the Shipper's Export Declaration (SED), a paper form
previously used by exporters to report export information.\1\ The
purpose of AES is to be the central point through which CBP collects
and maintains export data and related records to facilitate CBP's law
enforcement and border security missions. CBP uses EEI to further its
mission of ensuring the safety and security of cargo and preventing
smuggling, expediting legitimate international trade and enforcing
export and other applicable U.S. laws.\2\ The Census Bureau uses EEI to
compile and publish export trade statistics.
---------------------------------------------------------------------------
\1\ The SED became obsolete in 2008 with the implementation of
the Department of Commerce Foreign Trade Regulations (FTR) and has
been superseded by the EEI filed in the AES. See 15 CFR 30.1. See
also 19 CFR 192.14 regarding required EEI.
\2\ Section 343(a) of the Trade Act of 2002, as amended (Trade
Act) (19 U.S.C. 2071 note) requires CBP to promulgate regulations
providing for 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 from the United States
by any mode of commercial transportation (i.e., sea, air, rail, or
truck). 19 CFR 192.14 implements the requirements of the Trade Act
with regard to cargo departing the United States. It requires the
USPPI or its authorized agent to file any required EEI for the
cargo.
---------------------------------------------------------------------------
On April 5, 2014, AES was re-engineered and incorporated into ACE.
General information and a list of AES certified software vendors is
available on the following Web site: https://www.cbp.gov/trade/aes. That
Web site also has information regarding the AES Trade Interface
Requirements (AESTIR) and the American National Standards Institute
standard known as ANSI X.12, which contain the formatting requirements
for the electronic transmission of commodity and transportation export
data to CBP via AES. Additional information regarding AES is available
under the ``Getting Started'' section of the Web site address provided
above.
AES offers several options for transmitting export commodity and
transportation data, which includes the choice of using software
developed by the user, software purchased from a vendor, a Value Added
Network (VAN) electronic mailbox, the facilities of a port authority or
service center, or AESDirect, a free internet application supported by
the Census Bureau. AESDirect came on-line in October 1999 and allows
USPPIs or their authorized agents to file EEI free of charge using a
variety of electronic transmission methods, the most popular of which
is a web-based portal through which users may file any required EEI.
AESDirect also provides USPPIs or their authorized agents with access
to export reports that compile the data from EEI filings associated
with a user account.
III. Authorization for Modification of the ACE Portal Account Test
The Customs Modernization Act authorizes the Commissioner of CBP to
conduct limited test programs or procedures designed to evaluate
planned components of the NCAP. The ACE Portal Account Test, as
modified in this notice, is authorized pursuant to Sec. 101.9(b) of
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)), which
provides for the testing of NCAP programs or procedures. See Treasury
Decision (T.D.) 95-21.
IV. Modification of the ACE Portal Account Test
This notice announces CBP's plan to modify the ACE Portal Account
Test to establish limited export functionality within the ACE Portal
Account. Features of this new portal account type, as well as the
eligibility and documentation requirements for applying for an ACE
Exporter Portal Account, are described below.
A. Exporter Portal Accounts
1. Exporter Portal Account Functionality
The ACE Exporter Portal Account provides exporters a new ``exporter
view'' to the ACE Portal that permits exporters to access the export
data associated with an Employer Identification Number (EIN), i.e.,
Export Reports. The Exporter Portal Account provides access to an
Export Reports workspace that contains approximately 120 data objects,
which mirror the data previously available to exporters upon request
from the Census Bureau. The workspace will contain three standard
reports that will provide transaction data for account users. Users
will be able to modify and save these reports to create custom queries
as well as build and save new reports using any desired combination of
data objects available based on data elements in each report.
Beginning no earlier than October 1, 2015, the ACE Exporter Account
Portal will enable USPPIs or their authorized agents to transmit EEI by
selecting the ``Submit AESDirect Filings'' link in the exporter view.
Selecting this link will direct USPPIs or their authorized agents to a
Web page prompting users to accept the Terms and Conditions governing
the use of ACE AESDirect. After accepting these Terms and Conditions,
USPPIs or their authorized agents will gain access to the AESDirect
portal in ACE that will allow them to file their required EEI.
ACE AESDirect is intended to replace the legacy AESDirect operated
by the Census Bureau and provide online internet filing and upload
capabilities to facilitate the transmission of EEI. During the testing
period of the ACE AESDirect portal, USPPIs or their authorized agents
may continue to use legacy AESDirect for filing EEI. Once ACE AESDirect
is fully operational, the Census Bureau plans to discontinue the legacy
AESDirect filing application. AESDirect filing functionality through
the ACE Exporter Account Portal will initially be available to certain
USPPIs that have been selected by the Census Bureau. After this brief
initial phase, CBP will announce the public availability of this
functionality on its Web site at https://www.cbp.gov/trade/automated.
2. Overview of Exporter Portal Account Creation
The owner of an ACE Exporter Portal Account will have the ability
to create and maintain through the ACE Portal information regarding the
name, address, and contact information for the corporate and individual
account owner for the exporter account. Exporters will use the existing
account structure established for the use of importers within the ACE
portal.
New ACE users without an existing portal account will be required
to apply for an ACE Exporter Portal Account, as
[[Page 63820]]
explained in Section B.1 below. An application to establish an ACE
Exporter Portal Account by new ACE users will initiate the approval
process which requires the account owner to provide additional
information required to complete the process. Before a new ACE user can
establish an Exporter Portal Account, the Census Bureau must vet and
approve prospective users.
Existing ACE Portal Account owners should follow instructions in
Section B.2 below. Current ACE account holders must request an exporter
account view within their existing portal account to access these
functions. An existing ACE user who requests an ACE Exporter Portal
Account will be asked to provide corporate and contact information to
complete the process.
The account owner for new and existing ACE portal accounts may
register additional EINs for subsidiary business units. To do so, the
account owner must first register the principal EIN and then add
subsidiary EINs to the account. A company operating under a single EIN
will be designated as the account owner upon registration. If a
subsidiary EIN is added to the account that has not yet been verified
by CBP, the Census Bureau must vet and approve the newly added EIN
before the subsidiary can access the Exporter Portal Account.
ACE test participants must agree to the ``Terms and Conditions for
Account Access of the Automated Commercial Environment (ACE) Portal.''
See 72 FR 27632 (May 16, 2007) and 73 FR 38464 (July 7, 2008). New ACE
users will be prompted to accept these Terms and Conditions during the
application process. Upon completion of the application process, the
applicant will receive an email message and be prompted to log in with
the exporter's username and password which will create the ACE Exporter
Portal Account. Once an account is created, the exporter will be
provided with ``exporter view'' from the exporter home page.
B. Establishing an Exporter Portal Account
1. New ACE Portal Account Owner
Parties who do not have an ACE Portal Account may apply for an
Exporter Portal Account according to the instructions on the following
Web site: https://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal. Applicants will be required to complete an on-line
application and provide ``Corporate Information'' and ``ACE Account
Owner'' information listed below. The vetting process will begin once
all steps have been completed and applications will be handled in the
order in which they are received.
Corporate Information
1. EIN Number (SSN not allowed)
2. Company Name
3. DUNS Number (optional)
4. End of Fiscal Year (month and day)
5. Mailing Address (P.O. box not allowed)
ACE Account Owner
6. Name
7. Date of Birth
8. Email Address
9. Telephone Number
10. Fax Number (optional)
11. Address (if the Account Owner's Address differs from the Corporate
Address provided above)
Once the ACE Exporter Portal Account application has been
completed, the applicant will receive an email message to confirm
submission of the application and direct the applicant how to log on to
ACE to complete the account setup process and access the ACE Exporter
Portal Account.\3\ Applicants who have not received an email message
within 24 hours should contact the ACE Account Service Desk by calling
1-866-530-4172, selecting option 1, then option 2, or by emailing
ACE.Support@cbp.dhs.gov for assistance.
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\3\ Establishing an ACE Exporter Portal Account does not
automatically provide access to the ACE Portal Account features for
importers. Applicants wishing to establish an ACE Portal Account
should submit an application by clicking on the ``Apply for an
Account'' link located under the ACE Secure Data Portal sidebar on
the following Web site: https://www.cbp.gov/trade/automated.
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2. Existing ACE Portal Account Owners
Parties that have an existing ACE Portal Account may request an
Exporter Portal Account through their established ACE portal account.
For these accounts, the account owner may establish access to the
Exporter Portal Account functionality according to the instructions on
the following Web site: https://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal. In order to request Exporter
Portal Account access the account owner will be asked to provide the
following information:
Corporate Information
1. Exporter Company Name
2. EIN Number (SSN not allowed)
3. DUNS Number (optional)
4. Other Company Names (optional)
5. Mailing Address (P.O. box not allowed)
6. Company Telephone (optional)
7. Web site Address (optional)
Contact Information
1. Name
2. Date of Birth (optional)
3. Address (optional)
4. Email Address (optional)
5. Telephone Number (optional)
6. Fax Number (optional)
Once the existing ACE Account Owner completes the process, the
Exporter Portal Account will be created and the account owner will be
able to access the Exporter Portal Account functionality.
V. Test Duration
Except as stated below, the modification of the ACE Portal Account
Test announced in this notice is effective on October 21, 2015. The
testing of the AESDirect functionality announced in this notice will
begin no earlier than October 1, 2015. This modified test will continue
until concluded by way of announcement in the Federal Register. At the
conclusion of the testing of the modification, an evaluation will be
conducted and the results of that evaluation will be published in the
Federal Register and the Customs Bulletin as required by section
101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)).
VI. Comments
All interested parties are invited to comment on any aspect of this
ACE Portal Account Test, as modified by this notice, for the duration
of the modified test. CBP requests comments and feedback on all aspects
of this modification, including the design, conduct and implementation
of the modification, in order to determine whether to modify, alter,
expand, limit, continue, end, or fully implement this modification.
VII. Paperwork Reduction Act
The ACE Exporter Portal Account application has been approved by
the Office of Management and Budget (OMB) in accordance with the
requirements of the Paperwork Reduction Act (44 U.S.C. 3507) and
assigned OMB control number 1651-0105. The information collection
conducted under AES, including AESDirect, has been previously approved
by OMB in accordance with the requirements of the Paperwork Reduction
Act and assigned OMB control number 0607-0152. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a valid control number
assigned by OMB.
[[Page 63821]]
VIII. 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. EEI is also subject to the
confidentiality provisions of 15 CFR 30.60. As stated in previous
notices, participation in the ACE Portal Account Test or any of the
previous ACE tests is not confidential and upon a written Freedom of
Information Act (FOIA) request, a name(s) of an approved participant(s)
will be disclosed by CBP in accordance with 5 U.S.C. 552.
IX. Misconduct Under the Test
A test participant may be subject to civil and criminal penalties,
administrative sanctions, liquidated damages, or discontinuance from
participation in the ACE Portal Account Test, as modified by this
notice, for any of the following:
(1) Failure to follow the terms and conditions of this test;
(2) Failure to exercise reasonable care in the execution of
participant obligations;
(3) Failure to abide by applicable laws and regulations that have
not been waived; or
(4) Failure to deposit duties, taxes or fees in a timely manner.
If the Director, Business Transformation Division, ACE Business
Office (ABO), Office of International Trade, finds that there is a
basis for discontinuance of test participation privileges, the test
participant will be provided a written notice proposing the
discontinuance with a description of the facts or conduct warranting
the action. The test participant will be offered the opportunity to
appeal the Director's decision in writing within 10 calendar days of
receipt of the written notice. The appeal must be submitted to the
Executive Director, ABO, Office of International Trade, by emailing
Deborah.Augustin@cbp.dhs.gov.
The Executive Director will issue a decision in writing on the
proposed action within 30 working days after receiving a timely filed
appeal from the test participant. If no timely appeal is received, the
proposed notice becomes the final decision of the Agency as of the date
that the appeal period expires. A proposed discontinuance of a test
participant's privileges will not take effect unless the appeal process
under this paragraph has been concluded with a written decision adverse
to the test participant.
In the case of willfulness or those in which public health,
interest, or safety so requires, the Director, Business Transformation
Division, ABO, Office of International Trade, may immediately
discontinue the test participant's privileges upon written notice to
the test participant. The notice will contain a description of the
facts or conduct warranting the immediate action. The test participant
will be offered the opportunity to appeal the Director's decision
within 10 calendar days of receipt of the written notice providing for
immediate discontinuance. The appeal must be submitted to the Executive
Director, ABO, Office of International Trade, by emailing
Deborah.Augustin@cbp.dhs.gov. The immediate discontinuance will remain
in effect during the appeal period. The Executive Director will issue a
decision in writing on the discontinuance within 15 working days after
receiving a timely filed appeal from the test participant. If no timely
appeal is received, the notice becomes the final decision of the Agency
as of the date that the appeal period expires.
X. Development of ACE Prototypes
A chronological listing of Federal Register publications detailing
ACE test developments is set forth below.
ACE Portal Accounts and Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
ACE System of Records Notice: 71 FR 3109 (January 19,
2006).
Terms/Conditions for Access to the ACE Portal and
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7,
2008).
ACE Non-Portal Accounts and Related Notice: 70 FR 61466
(October 24, 2005); 71 FR 15756 (March 29, 2006).
ACE Entry Summary, Accounts and Revenue (ESAR I)
Capabilities: 72 FR 59105 (October 18, 2007).
ACE Entry Summary, Accounts and Revenue (ESAR II)
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6,
2009).
ACE Entry Summary, Accounts and Revenue (ESAR III)
Capabilities: 74 FR 69129 (December 30, 2009).
ACE Entry Summary, Accounts and Revenue (ESAR IV)
Capabilities: 76 FR 37136 (June 24, 2011).
Post-Entry Amendment (PEA) Processing Test: 76 FR 37136
(June 24, 2011).
ACE Announcement of a New Start Date for the National
Customs Automation Program Test of Automated Manifest Capabilities for
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Document Image System
(DIS): 77 FR 20835 (April 6, 2012).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Simplified Entry:
Modification of Participant Selection Criteria and Application Process:
77 FR 48527 (August 14, 2012).
Modification of NCAP Test Regarding Reconciliation for
Filing Certain Post-Importation Preferential Tariff Treatment Claims
under Certain FTAs: 78 FR 27984 (May 13, 2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23,
2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466
(August 29, 2013).
Modification of NCAP Test Concerning Automated Commercial
Environment (ACE) Cargo Release (formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
Post-Summary Corrections to Entry Summaries Filed in ACE
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR
69434 (November 19, 2013).
National Customs Automation Program (NCAP) Test Concerning
the Submission of Certain Data Required by the Environmental Protection
Agency and the Food Safety and Inspection Service Using the Partner
Government Agency Message Set Through the Automated Commercial
Environment (ACE): 78 FR 75931 (December 13, 2013).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release to
Allow Importers and Brokers to Certify From ACE Entry Summary: 79 FR
24744 (May 1, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial
[[Page 63822]]
Environment (ACE) Cargo Release for Truck Carriers: 79 FR 25142 (May 2,
2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
Announcement of eBond Test: 79 FR 70881 (November 28,
2014).
eBond Test Modifications and Clarifications: Continuous
Bond Executed Prior to or Outside the eBond Test May Be Converted to an
eBond by the Surety and Principal, Termination of an eBond by Filing
Identification Number, and Email Address Correction: 80 FR 899 (January
7, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Document Image
System Relating to Animal and Plant Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126 (January 30, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the use of Partner Government Agency Message Set
through the Automated Commercial Environment (ACE) for the Submission
of Certain Data Required by the Environmental Protection Agency (EPA):
80 FR 6098 (February 4, 2015).
Announcement of Modification of ACE Cargo Release Test to
Permit the Combined Filing of Cargo Release and Importer Security
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
Modification of NCAP Test Concerning ACE Cargo Release for
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR
16414 (March 27, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10, 2015).
National Customs Automation Program (NCAP) Concerning
Remote Location Filing Entry Procedures in the Automated Commercial
Environment (ACE) and the Use of the Document Image System for the
Submission of Invoices and the Use of eBonds for the Transmission of
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the Automated Commercial Environment (ACE) Partner
Government Agency (PGA) Message Set Regarding Types of Transportation
Modes and Certain Data Required by the National Highway Traffic Safety
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305 (September 7, 2015).
Dated: October 15, 2015.
Cynthia F. Whittenburg,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-26751 Filed 10-20-15; 8:45 am]
BILLING CODE 9111-14-P