Automated Commercial Environment (ACE); Announcement of National Customs Automation Program Test of the In-Transit Manifest Pilot Program, 24837-24839 [2016-09858]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; PAR Panel:
Mammalian Models for Translational
Research.
Date: May 19, 2016.
Time: 12:30 p.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892
(Virtual Meeting).
Contact Person: Lambratu Rahman Sesay,
Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6214,
MSC 7804, Bethesda, MD 20892, 301–451–
3493, rahmanl@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; RFA–PM–
16–003: Precision Medicine Initiative Cohort
Program Participant Technologies Center
(U24).
Date: May 23, 2016.
Time: 8:30 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Embassy Suites at the Chevy Chase
Pavilion, 4300 Military Road NW.,
Washington, DC 20015.
Contact Person: Wenchi Liang, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3150,
MSC 7770, Bethesda, MD 20892, 301–435–
0681, liangw3@csr.nih.gov.
Name of Committee: Emerging
Technologies and Training Neurosciences
Integrated Review Group; Bioengineering of
Neuroscience, Vision and Low Vision
Technologies Study Section.
Date: May 24–25, 2016.
8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Washington Marriott Georgetown,
1221 22nd Street NW., Washington, DC
20037.
Contact Person: Robert C Elliott, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 5190,
MSC 7846, Bethesda, MD 20892, 301–435–
3009, elliotro@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; PAR Panel:
Animal Models and Stem Cell-based
Therapies for Regenerative Medicine.
Date: May 25, 2016.
VerDate Sep<11>2014
17:29 Apr 26, 2016
Jkt 238001
Time: 10:00 a.m. to 2:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892
(Virtual Meeting).
Contact Person: Jonathan Arias, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 5170,
MSC 7840, Bethesda, MD 20892, 301–435–
2406, ariasj@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: April 21, 2016.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–09737 Filed 4–26–16; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment
(ACE); Announcement of National
Customs Automation Program Test of
the In-Transit Manifest Pilot Program
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
that U.S. Customs and Border Protection
(CBP) plans to conduct a National
Customs Automation Program (NCAP)
test relating to truck shipments of
commercial goods that transit from a
point of origination in Canada through
the United States to a point of
destination in Canada. Under the NCAP
test, CBP will use a new filing code to
identify shipments as being part of the
In-Transit Manifest Pilot Program in
CBP’s Automated Commercial
Environmental (ACE) Truck Manifest
System. Test participants will submit
electronically an in-transit manifest
with a relaxed validation for the value
data element and they will not have to
provide the Harmonized Tariff Schedule
(HTS) number. This notice provides a
description of the NCAP test and
specifies the duration and locations of
the test. It also invites public comment
on any aspect of the test.
DATES: The test will commence no
earlier than May 27, 2016 and will run
for approximately six months at the
following ports: Port Huron, Michigan;
Pembina, North Dakota; and Blaine,
SUMMARY:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
24837
Washington. Comments concerning this
notice and all aspects of the announced
test may be submitted at any time
during the test period.
ADDRESSES: Written comments
concerning program, policy and
technical issues should be submitted to
Manuel Garza, Director, Manifest and
Conveyance Security Division, U.S.
Customs and Border Protection, via
email at manuel.a.garza@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. CBP Regulations
Under CBP regulations, a truck with
merchandise that transits the United
States during a trip that originates and
terminates in Canada must present a
paper manifest form, the United StatesCanada Transit Manifest, known as
Customs Form 7512–B Canada 81⁄2, to
CBP when it crosses the border at the
U.S. ports of arrival and exit. The
procedures for these in-transit
shipments are addressed in 19 CFR
123.42 (Truck shipments transiting the
United States). Among other things, the
regulation provides that trucks
transiting the United States must be
sealed at the U.S. port of arrival. The
regulation also provides that
merchandise transported in trucks shall
be forwarded in accordance with the
general provisions for transportation inbond (19 CFR 18.1–18.8).
In addition to the requirement to
present a paper manifest when a truck
crosses the border, CBP also requires
electronic filing of certain information
regarding the cargo carried by a truck in
advance of the truck’s arrival at the
border. Under 19 CFR 123.92(a), with a
few exceptions, for any inbound truck
required to report its arrival under 19
CFR 123.1(b) that will have commercial
cargo aboard, CBP must electronically
receive certain information regarding
the cargo to a CBP-approved EDI
system 1 no later than either 30
minutes 2 or one hour prior to the
1 In a notice published in the Federal Register on
October 27, 2006 (71 FR 62922), CBP designated the
ACE Truck Manifest System as the approved EDI for
the transmission of required data and announced
that the requirement to transmit advance electronic
cargo information through ACE would be phased in
by groups of ports-of-entry. Through a series of
Federal Register notices published from the
October 27, 2006 notice and concluding with a
November 13, 2007 notice (72 FR 63805), CBP
mandated the use of ACE for the transmission of
advance electronic truck cargo information at all
land border ports-of-entry.
2 As explained in the preamble of the final rule
implementing section 123.92, published in the
Federal Register on December 5, 2003 (68 FR
68140), the 30 minute timeframe applies to truck
carriers arriving with shipments qualified for
E:\FR\FM\27APN1.SGM
Continued
27APN1
24838
Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
carrier’s reaching the first port of arrival
in the United States. This includes cargo
arriving by truck for transportation
through the United States from one
point to another in the same foreign
country.
Truck carriers have been providing up
to 69 data elements (including 1
optional data element) as part of their eManifest in the ACE Truck Manifest
System, as a result of prior NCAP tests
performed in conjunction with the
Federal Motor Carrier Safety
Administration. See 69 FR 55167
(September 13, 2004) and 70 FR 13514
(March 21, 2005) and related test notices
identified therein. For the purposes of
this test, the same data elements will be
required, except as otherwise provided
for in this notice. The ACE Truck
Manifest System enables truck carriers
with merchandise transiting the United
States from point to point in Canada to
file an e-Manifest and enter the
merchandise as a Transportation &
Exportation (T&E) in-bond entry.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
B. Beyond the Border Initiative
On February 4, 2011, President
Obama and Prime Minister Harper
announced the United States-Canada
joint declaration, Beyond the Border: A
Shared Vision for Perimeter Security
and Economic Competitiveness
(‘‘Beyond the Border’’). Beyond the
Border articulates a shared approach to
security in which both countries work
together to address threats within, at,
and away from the U.S.-Canada border,
while expediting lawful trade and
travel.
On December 7, 2011, President
Obama and Prime Minister Harper
released the Beyond the Border Action
Plan, which sets out joint priorities and
specific initiatives for achieving this
vision. The Beyond the Border Action
Plan proposed a number of pilot
projects to test new approaches to
facilitating the secure movement of
goods, including a U.S. pilot that would
involve ‘‘the testing of a new in-bond
module for processing in-transit/inbond (Canada-United States-Canada)
cargo traveling by truck.’’ See Beyond
the Border Action Plan (December 7,
2011). CBP is conducting this NCAP test
to assess a new automated process for
in-transit shipments in the ACE Truck
Manifest System.
clearance under the FAST (Free and Secure Trade)
Program. The FAST program is a cooperative effort
between CBP and the governments of Canada and
Mexico which provides expedited border
processing for known, low-risk commercial drivers
at the U.S.-Canada and U.S.-Mexico borders.
VerDate Sep<11>2014
17:29 Apr 26, 2016
Jkt 238001
II. Authorization for the NCAP Test
The National Customs Automation
Program (NCAP) was established in
Subtitle B of Title VI—Customs
Modernization, in the North American
Free Trade Agreement Implementation
Act (Pub. L. 103–182, 107 Stat. 2057,
2170, December 8, 1993) (Customs
Modernization Act). See 19 U.S.C. 1411.
The Customs Modernization Act
provides the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. The NCAP test of In-Transit
Manifest Pilot Program (referred to
hereafter as ‘‘the NCAP test’’ or ‘‘the
test’’) is authorized pursuant to 19 CFR
101.9(b) which provides for the testing
of NCAP programs or procedures. See
T.D. 95–21.
III. In-Transit Manifest Pilot Program
This notice announces CBP’s InTransit Manifest Pilot Program to test a
new electronic in-transit manifest in the
ACE Truck Manifest System. The details
are provided below.
A. Description of Test
The NCAP test applies to the
transportation of commercial cargo from
a point of origination in Canada through
the United States to a point of
destination in Canada (CAN-US-CAN
in-transit shipments). These shipments
are essentially domestic Canadian
shipments that transit through the
United States. Under the test,
participating truck carriers transporting
cargo in CAN-US-CAN in-transit
shipments will be required to submit an
e-Manifest in the ACE Truck Manifest
System no later than 30 minutes 3 prior
to arrival in the United States under a
new filing type code for these in-transit
shipments. Participating carriers must
submit an e-Manifest to CBP using the
ANSI X12 format or the ACE Secure
Data Portal. Participating carriers will
not be required to submit the paper
manifest form, Customs Form 7512–B
Canada 81⁄2, that is required under 19
CFR 123.42. Participating carriers are
still required to submit the paper
manifest form required under Canadian
law to Canadian ports of entry.
Currently, CAN-US-CAN in-transit
shipments are filed under shipment
release type 62 as Transportation &
Exportation (T&E) in-bond entries,
which includes a complete ANSI X12
3 Thirty minutes is the time-frame specified in 19
CFR 123.92(a) that applies to truck carriers using
FAST commercial drivers. This is the applicable
time-frame for participating truck carriers because
as a condition of participation in this test, each
carrier must use commercial drivers cleared under
the FAST program. See part III.B of this notice.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
manifest (referred to as a 309 manifest)
with the following information: Trip,
shipment (including the value of the
merchandise and the Harmonized Tariff
Schedule (HTS) number), conveyance,
equipment, crew and passenger data.
Under the test, a new shipment release
type 70 for CAN-US-CAN in-transit
shipments will be used by participating
carriers. Under shipment release type
70, participating carriers will be
required to submit the same set of data
elements as a 309 manifest but with a
relaxed validation for the value data
element. They will not be required to
provide the HTS number.
For the value data element, CBP will
accept a value amount of $2 per pound
when the actual value is not available.
With regard to the HTS number, an eManifest filed under shipment release
type 62 requires an HTS number to the
6-digit level under which the cargo will
be classified and a description of the
cargo. For an e-Manifest filed by test
participants under shipment release
type 70, only a precise description of
the cargo will be required.
Trade associations for Canadian
trucking companies have identified
these two data elements—value and the
HTS number—as being the most
problematic for CAN-US-CAN in-transit
shipments. Canadian truck carriers
rarely know the value and/or the exact
HTS classification number for such intransit cargo and in practice often file
incorrect data when filing an e-Manifest
under shipment release type 62. By
relaxing the validation for the value data
and removing the HTS number
requirement, CBP intends to reduce the
reporting burden on the industry and
improve trade efficiencies between
Canada and the United States.
The in-transit manifest will be
processed and retained in ACE in the
same manner as a type 62 manifest.
Upon arrival in the United States, CBP
will generate a ‘‘transit movement
authorized’’ message (referred to as a
350 message) that will be sent to the
carrier. The shipment will then be able
to transit the United States and proceed
to the United States port of export as an
in-transit entry. When the shipment
arrives at the United States port of
export, the carrier will report the arrival
of the shipment to CBP via an EDI
message or through the carrier’s ACE
portal account. CBP will issue another
350 message to the carrier notifying the
carrier that the shipment has entered
Canada and that the in-transit entry is
closed.
Requiring participating carriers to file
an in-transit manifest electronically
under new shipment release type 70,
along with relaxing the validation for
E:\FR\FM\27APN1.SGM
27APN1
Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
the value data element and eliminating
the HTS number requirement, will
facilitate the in-transit manifest process
for both the trade and CBP. Canadian
carriers will be able to route certain
domestic shipments through the United
States with greater efficiency and CBP
will benefit from an entirely electronic
in-transit manifest.
B. Test Participants and Conditions of
Participation
Participation in the In-Transit
Manifest Pilot Program is currently
limited to nine Canadian truck carriers
that have been selected by CBP in
consultation with the Canadian Border
Services Agency (CBSA). Each
participating carrier is a bonded carrier
and a certified member of the CustomsTrade Partnership Against Terrorism
(C–TPAT), a voluntary supply chain
security program led by CBP that is
focused on improving the security of
private companies’ supply chains with
respect to terrorism. As a condition of
participation, each carrier must use
commercial drivers cleared under the
FAST program. FAST driver
identification provides CBP with a full
set of identifying information regarding
the driver, including the driver’s name,
date of birth, gender, citizenship, and
address. Another condition of
participation in this NCAP test is that
no passengers are permitted on the
Canadian trucks transiting the United
States, with the exception of additional
drivers also cleared under the FAST
program. As provided in Section VI,
participants are also required to take
part in an evaluation of the test.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
C. Test Duration and Locations
The NCAP test will be conducted for
approximately six months from its start
at the following ports of entry: Port
Huron, Michigan; Pembina, North
Dakota; and Blaine, Washington. Any
future expansion of this NCAP test to
additional ports and/or extension of the
time period will be announced on CBP’s
Web site at www.cbp.gov. Participants
will also be notified of any expansion.
IV. Regulatory Provisions Affected
Regulations in 19 CFR parts 18 and
123 that conflict with the terms and
conditions of the NCAP test are
suspended and overridden to the extent
of the conflict for the duration of the test
for test participants and only to the
extent of their participation in this test.
V. Misconduct
If a test participant fails to abide by
the rules, procedures, or term and
conditions of this and all other
applicable Federal Register notices,
VerDate Sep<11>2014
17:29 Apr 26, 2016
Jkt 238001
fails to exercise reasonable care in the
execution of participant obligations, or
otherwise fails to comply with all
applicable laws and regulations, then
the participant may be suspended from
participation in this test and/or
subjected to penalties, liquidated
damages, and/or other administrative or
judicial sanction. Additionally, CBP has
the right to suspend a test participant
based on a determination that an
unacceptable compliance risk exists.
Any decision proposing suspension may
be appealed in writing to the Assistant
Commissioner (Office of Field
Operations) within 15 days of the
decision date. Such proposed
suspension will apprise the participant
of the facts or conduct warranting
suspension. Should the participant
appeal the notice of proposed
suspension, the participant should
address the facts or conduct charges
contained in the notice and state how he
has or will achieve compliance.
However, in the case of willfulness or
where public health interests are
concerned, the suspension may be
effective immediately.
VI. Test Evaluation Criteria
All interested parties are invited to
comment on any aspect of this test at
any time. To ensure adequate feedback,
participants are required to take part in
an evaluation of this test. CBP needs
comments and feedback on all aspects
of this test, including the design,
conduct and implementation of the test
in order to determine whether to
modify, alter, expand, limit, continue,
end or implement this program by
regulation. The final results of the
evaluation will be published in the
Federal Register and the Customs
Bulletin as required by 19 CFR 101.9.
VII. Paperwork Reduction Act
As noted above, CBP is accepting only
nine participants in the NCAP test. This
means that fewer than ten persons will
be subject to any information collections
under the NCAP test. Accordingly,
collections of information encompassed
within this notice are exempted from
the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3502
and 3507).
Dated: April 22, 2016.
Todd Owen,
Assistant Commissioner, Office of Field
Operations.
[FR Doc. 2016–09858 Filed 4–26–16; 8:45 am]
BILLING CODE 9111–14–P
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
24839
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of intent to prepare a Joint
Environmental Impact Statement and
To Conduct Public Scoping
U.S. Customs and Border
Protection, Department of Homeland
Security and Forest Service, USDA.
ACTION: Notice of intent to prepare a
Joint Environmental Impact Statement
concerning the repair and maintenance
of Bog Creek Road and closure of certain
roads within the Blue-Grass Bear
Management Unit in the Selkirk
Mountains in Boundary County, Idaho;
request for comments; and notice of
public scoping.
AGENCY:
This notice announces that
U.S. Customs and Border Protection
(CBP) and the U.S. Forest Service
(Forest Service) Idaho Panhandle
National Forests (IPNF) (collectively the
‘‘Agencies’’) intend to prepare a joint
Environmental Impact Statement (EIS)
to identify and assess potential impacts
upon the environment of: Repairing and
maintaining an approximately 5.6-mile
section of the existing Bog Creek Road,
which is located in the Selkirk
Mountains in Boundary County, Idaho,
within approximately two miles of the
Canadian border, on land within the
Blue-Grass Bear Management Unit
(BMU) that is managed by the IPNF; and
closing for motorized use additional
roads within the Blue-Grass BMU to
comply with the IPNF Forest Plan
Amendments for Motorized Access
Management within the Selkirk and
Cabinet-Yaak Grizzly Bear Recovery
Zones (Access Amendment) and reduce
road density in the Blue-Grass BMU.
This notice initiates the public scoping
process for the preparation of the EIS.
The purpose of the public scoping
process is to solicit public comments
regarding the potential environmental
impacts that may be addressed. This
notice commences the public scoping
period for which CBP and IPNF are
requesting written comments. This
process is being conducted pursuant to
the National Environmental Policy Act
(NEPA), the Council on Environmental
Quality Regulations for Implementing
the NEPA (40 CFR parts 1500–1508),
and CBP and Forest Service NEPA
guidelines. Additionally, pursuant to
Section 106 of the National Historic
Preservation Act, the public scoping
SUMMARY:
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24837-24839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09858]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment (ACE); Announcement of National
Customs Automation Program Test of the In-Transit Manifest Pilot
Program
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP) plans to conduct a National Customs Automation Program
(NCAP) test relating to truck shipments of commercial goods that
transit from a point of origination in Canada through the United States
to a point of destination in Canada. Under the NCAP test, CBP will use
a new filing code to identify shipments as being part of the In-Transit
Manifest Pilot Program in CBP's Automated Commercial Environmental
(ACE) Truck Manifest System. Test participants will submit
electronically an in-transit manifest with a relaxed validation for the
value data element and they will not have to provide the Harmonized
Tariff Schedule (HTS) number. This notice provides a description of the
NCAP test and specifies the duration and locations of the test. It also
invites public comment on any aspect of the test.
DATES: The test will commence no earlier than May 27, 2016 and will run
for approximately six months at the following ports: Port Huron,
Michigan; Pembina, North Dakota; and Blaine, Washington. Comments
concerning this notice and all aspects of the announced test may be
submitted at any time during the test period.
ADDRESSES: Written comments concerning program, policy and technical
issues should be submitted to Manuel Garza, Director, Manifest and
Conveyance Security Division, U.S. Customs and Border Protection, via
email at manuel.a.garza@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. CBP Regulations
Under CBP regulations, a truck with merchandise that transits the
United States during a trip that originates and terminates in Canada
must present a paper manifest form, the United States-Canada Transit
Manifest, known as Customs Form 7512-B Canada 8\1/2\, to CBP when it
crosses the border at the U.S. ports of arrival and exit. The
procedures for these in-transit shipments are addressed in 19 CFR
123.42 (Truck shipments transiting the United States). Among other
things, the regulation provides that trucks transiting the United
States must be sealed at the U.S. port of arrival. The regulation also
provides that merchandise transported in trucks shall be forwarded in
accordance with the general provisions for transportation in-bond (19
CFR 18.1-18.8).
In addition to the requirement to present a paper manifest when a
truck crosses the border, CBP also requires electronic filing of
certain information regarding the cargo carried by a truck in advance
of the truck's arrival at the border. Under 19 CFR 123.92(a), with a
few exceptions, for any inbound truck required to report its arrival
under 19 CFR 123.1(b) that will have commercial cargo aboard, CBP must
electronically receive certain information regarding the cargo to a
CBP-approved EDI system \1\ no later than either 30 minutes \2\ or one
hour prior to the
[[Page 24838]]
carrier's reaching the first port of arrival in the United States. This
includes cargo arriving by truck for transportation through the United
States from one point to another in the same foreign country.
---------------------------------------------------------------------------
\1\ In a notice published in the Federal Register on October 27,
2006 (71 FR 62922), CBP designated the ACE Truck Manifest System as
the approved EDI for the transmission of required data and announced
that the requirement to transmit advance electronic cargo
information through ACE would be phased in by groups of ports-of-
entry. Through a series of Federal Register notices published from
the October 27, 2006 notice and concluding with a November 13, 2007
notice (72 FR 63805), CBP mandated the use of ACE for the
transmission of advance electronic truck cargo information at all
land border ports-of-entry.
\2\ As explained in the preamble of the final rule implementing
section 123.92, published in the Federal Register on December 5,
2003 (68 FR 68140), the 30 minute timeframe applies to truck
carriers arriving with shipments qualified for clearance under the
FAST (Free and Secure Trade) Program. The FAST program is a
cooperative effort between CBP and the governments of Canada and
Mexico which provides expedited border processing for known, low-
risk commercial drivers at the U.S.-Canada and U.S.-Mexico borders.
---------------------------------------------------------------------------
Truck carriers have been providing up to 69 data elements
(including 1 optional data element) as part of their e-Manifest in the
ACE Truck Manifest System, as a result of prior NCAP tests performed in
conjunction with the Federal Motor Carrier Safety Administration. See
69 FR 55167 (September 13, 2004) and 70 FR 13514 (March 21, 2005) and
related test notices identified therein. For the purposes of this test,
the same data elements will be required, except as otherwise provided
for in this notice. The ACE Truck Manifest System enables truck
carriers with merchandise transiting the United States from point to
point in Canada to file an e-Manifest and enter the merchandise as a
Transportation & Exportation (T&E) in-bond entry.
B. Beyond the Border Initiative
On February 4, 2011, President Obama and Prime Minister Harper
announced the United States-Canada joint declaration, Beyond the
Border: A Shared Vision for Perimeter Security and Economic
Competitiveness (``Beyond the Border''). Beyond the Border articulates
a shared approach to security in which both countries work together to
address threats within, at, and away from the U.S.-Canada border, while
expediting lawful trade and travel.
On December 7, 2011, President Obama and Prime Minister Harper
released the Beyond the Border Action Plan, which sets out joint
priorities and specific initiatives for achieving this vision. The
Beyond the Border Action Plan proposed a number of pilot projects to
test new approaches to facilitating the secure movement of goods,
including a U.S. pilot that would involve ``the testing of a new in-
bond module for processing in-transit/in-bond (Canada-United States-
Canada) cargo traveling by truck.'' See Beyond the Border Action Plan
(December 7, 2011). CBP is conducting this NCAP test to assess a new
automated process for in-transit shipments in the ACE Truck Manifest
System.
II. Authorization for the NCAP Test
The National Customs Automation Program (NCAP) was established in
Subtitle B of Title VI--Customs Modernization, in the North American
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat.
2057, 2170, December 8, 1993) (Customs Modernization Act). See 19
U.S.C. 1411. The Customs Modernization Act provides the Commissioner of
CBP with authority to conduct limited test programs or procedures
designed to evaluate planned components of the NCAP. The NCAP test of
In-Transit Manifest Pilot Program (referred to hereafter as ``the NCAP
test'' or ``the test'') is authorized pursuant to 19 CFR 101.9(b) which
provides for the testing of NCAP programs or procedures. See T.D. 95-
21.
III. In-Transit Manifest Pilot Program
This notice announces CBP's In-Transit Manifest Pilot Program to
test a new electronic in-transit manifest in the ACE Truck Manifest
System. The details are provided below.
A. Description of Test
The NCAP test applies to the transportation of commercial cargo
from a point of origination in Canada through the United States to a
point of destination in Canada (CAN-US-CAN in-transit shipments). These
shipments are essentially domestic Canadian shipments that transit
through the United States. Under the test, participating truck carriers
transporting cargo in CAN-US-CAN in-transit shipments will be required
to submit an e-Manifest in the ACE Truck Manifest System no later than
30 minutes \3\ prior to arrival in the United States under a new filing
type code for these in-transit shipments. Participating carriers must
submit an e-Manifest to CBP using the ANSI X12 format or the ACE Secure
Data Portal. Participating carriers will not be required to submit the
paper manifest form, Customs Form 7512-B Canada 8\1/2\, that is
required under 19 CFR 123.42. Participating carriers are still required
to submit the paper manifest form required under Canadian law to
Canadian ports of entry.
---------------------------------------------------------------------------
\3\ Thirty minutes is the time-frame specified in 19 CFR
123.92(a) that applies to truck carriers using FAST commercial
drivers. This is the applicable time-frame for participating truck
carriers because as a condition of participation in this test, each
carrier must use commercial drivers cleared under the FAST program.
See part III.B of this notice.
---------------------------------------------------------------------------
Currently, CAN-US-CAN in-transit shipments are filed under shipment
release type 62 as Transportation & Exportation (T&E) in-bond entries,
which includes a complete ANSI X12 manifest (referred to as a 309
manifest) with the following information: Trip, shipment (including the
value of the merchandise and the Harmonized Tariff Schedule (HTS)
number), conveyance, equipment, crew and passenger data. Under the
test, a new shipment release type 70 for CAN-US-CAN in-transit
shipments will be used by participating carriers. Under shipment
release type 70, participating carriers will be required to submit the
same set of data elements as a 309 manifest but with a relaxed
validation for the value data element. They will not be required to
provide the HTS number.
For the value data element, CBP will accept a value amount of $2
per pound when the actual value is not available. With regard to the
HTS number, an e-Manifest filed under shipment release type 62 requires
an HTS number to the 6-digit level under which the cargo will be
classified and a description of the cargo. For an e-Manifest filed by
test participants under shipment release type 70, only a precise
description of the cargo will be required.
Trade associations for Canadian trucking companies have identified
these two data elements--value and the HTS number--as being the most
problematic for CAN-US-CAN in-transit shipments. Canadian truck
carriers rarely know the value and/or the exact HTS classification
number for such in-transit cargo and in practice often file incorrect
data when filing an e-Manifest under shipment release type 62. By
relaxing the validation for the value data and removing the HTS number
requirement, CBP intends to reduce the reporting burden on the industry
and improve trade efficiencies between Canada and the United States.
The in-transit manifest will be processed and retained in ACE in
the same manner as a type 62 manifest. Upon arrival in the United
States, CBP will generate a ``transit movement authorized'' message
(referred to as a 350 message) that will be sent to the carrier. The
shipment will then be able to transit the United States and proceed to
the United States port of export as an in-transit entry. When the
shipment arrives at the United States port of export, the carrier will
report the arrival of the shipment to CBP via an EDI message or through
the carrier's ACE portal account. CBP will issue another 350 message to
the carrier notifying the carrier that the shipment has entered Canada
and that the in-transit entry is closed.
Requiring participating carriers to file an in-transit manifest
electronically under new shipment release type 70, along with relaxing
the validation for
[[Page 24839]]
the value data element and eliminating the HTS number requirement, will
facilitate the in-transit manifest process for both the trade and CBP.
Canadian carriers will be able to route certain domestic shipments
through the United States with greater efficiency and CBP will benefit
from an entirely electronic in-transit manifest.
B. Test Participants and Conditions of Participation
Participation in the In-Transit Manifest Pilot Program is currently
limited to nine Canadian truck carriers that have been selected by CBP
in consultation with the Canadian Border Services Agency (CBSA). Each
participating carrier is a bonded carrier and a certified member of the
Customs-Trade Partnership Against Terrorism (C-TPAT), a voluntary
supply chain security program led by CBP that is focused on improving
the security of private companies' supply chains with respect to
terrorism. As a condition of participation, each carrier must use
commercial drivers cleared under the FAST program. FAST driver
identification provides CBP with a full set of identifying information
regarding the driver, including the driver's name, date of birth,
gender, citizenship, and address. Another condition of participation in
this NCAP test is that no passengers are permitted on the Canadian
trucks transiting the United States, with the exception of additional
drivers also cleared under the FAST program. As provided in Section VI,
participants are also required to take part in an evaluation of the
test.
C. Test Duration and Locations
The NCAP test will be conducted for approximately six months from
its start at the following ports of entry: Port Huron, Michigan;
Pembina, North Dakota; and Blaine, Washington. Any future expansion of
this NCAP test to additional ports and/or extension of the time period
will be announced on CBP's Web site at www.cbp.gov. Participants will
also be notified of any expansion.
IV. Regulatory Provisions Affected
Regulations in 19 CFR parts 18 and 123 that conflict with the terms
and conditions of the NCAP test are suspended and overridden to the
extent of the conflict for the duration of the test for test
participants and only to the extent of their participation in this
test.
V. Misconduct
If a test participant fails to abide by the rules, procedures, or
term and conditions of this and all other applicable Federal Register
notices, fails to exercise reasonable care in the execution of
participant obligations, or otherwise fails to comply with all
applicable laws and regulations, then the participant may be suspended
from participation in this test and/or subjected to penalties,
liquidated damages, and/or other administrative or judicial sanction.
Additionally, CBP has the right to suspend a test participant based on
a determination that an unacceptable compliance risk exists. Any
decision proposing suspension may be appealed in writing to the
Assistant Commissioner (Office of Field Operations) within 15 days of
the decision date. Such proposed suspension will apprise the
participant of the facts or conduct warranting suspension. Should the
participant appeal the notice of proposed suspension, the participant
should address the facts or conduct charges contained in the notice and
state how he has or will achieve compliance. However, in the case of
willfulness or where public health interests are concerned, the
suspension may be effective immediately.
VI. Test Evaluation Criteria
All interested parties are invited to comment on any aspect of this
test at any time. To ensure adequate feedback, participants are
required to take part in an evaluation of this test. CBP needs comments
and feedback on all aspects of this test, including the design, conduct
and implementation of the test in order to determine whether to modify,
alter, expand, limit, continue, end or implement this program by
regulation. The final results of the evaluation will be published in
the Federal Register and the Customs Bulletin as required by 19 CFR
101.9.
VII. Paperwork Reduction Act
As noted above, CBP is accepting only nine participants in the NCAP
test. This means that fewer than ten persons will be subject to any
information collections under the NCAP test. Accordingly, collections
of information encompassed within this notice are exempted from the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3502 and
3507).
Dated: April 22, 2016.
Todd Owen,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2016-09858 Filed 4-26-16; 8:45 am]
BILLING CODE 9111-14-P
