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]

Download as PDF 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 VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 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). PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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: E:\FR\FM\21OCN1.SGM 21OCN1 63818 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 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) tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 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. tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 on the following Web site: http:// 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\21OCN1.SGM 21OCN1 63820 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices have been completed and applications will be handled in the order in which they are received. B. Establishing an Exporter Portal Account tkelley on DSK3SPTVN1PROD with NOTICES 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: http://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 VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 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: http://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: http://www.cbp.gov/trade/automated. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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. E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 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). PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 21OCN1 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 21OCN1

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]


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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: http://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 http://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: http://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.
---------------------------------------------------------------------------

    \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: http://www.cbp.gov/trade/automated.
---------------------------------------------------------------------------

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: http://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