National Customs Automation Program (NCAP) Test Concerning Electronic Filing of Protests in the Automated Commercial Environment (ACE), 53497-53501 [2016-19267]

Download as PDF Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices Beginning date 040196 070196 040198 010199 040199 040100 040101 070101 010102 010103 100103 040104 070104 100104 040105 100105 070106 010108 040108 070108 100108 010109 040109 010111 040111 100111 040116 063096 033198 123198 033199 033100 033101 063001 123101 123102 093003 033104 063004 093004 033105 093005 063006 123107 033108 063008 093008 123108 033109 123110 033111 093011 033116 093016 Dated: August 8, 2016. R. Gil Kerlikowske, Commissioner. BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. AGENCY: mstockstill on DSK3G9T082PROD with NOTICES 18:42 Aug 11, 2016 Jkt 238001 The ACE Protest Test will commence on August 29, 2016, and will continue until concluded by a notice published in the Federal Register. Comments concerning this notice and any aspect of the test may be submitted at any time during the test to the address set forth below. Comments concerning this notice and any aspect of the ACE Protest Test may be submitted at any time during the testing period via email to Josephine Baiamonte, ACE Business Office (ABO), Office of Trade at josephine.baiamonte@cbp.dhs.gov. In the subject line of your email, please indicate, ‘‘Comment on ACE Protest Test FRN.’’ ADDRESSES: This document announces U.S. Customs and Border Protection’s (CBP’s) plan to conduct a National Customs Automation Program (NCAP) test to assess new functionalities related to the electronic filing and processing of protests and new notification procedures for protests filed electronically in the Automated Commercial Environment (ACE). During the test, participants will be able to submit additional arguments and supporting information electronically, with their electronic protest in ACE. In SUMMARY: 8 9 8 7 8 9 8 7 6 5 4 5 4 5 6 7 8 7 6 5 6 5 4 3 4 3 4 DATES: National Customs Automation Program (NCAP) Test Concerning Electronic Filing of Protests in the Automated Commercial Environment (ACE) For technical questions related to the application or requests for an ACE Portal Account, including ACE Protest Filer Accounts, contact the ACE Account Service Desk by calling 1–866– 530–4172, selecting option 1, then FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 Corporate overpayments (Eff. 1–1–99) (percent) Over-payments (percent) addition, participants will be able to submit requests for further review, requests for accelerated disposition, requests to set aside denial of further review, and requests to void denial of a protest electronically in ACE. This notice also announces the testing of electronic protest status notifications from CBP. The test will be known as the ACE Protest Test. [FR Doc. 2016–19167 Filed 8–11–16; 8:45 am] VerDate Sep<11>2014 Under-payments (percent) Ending date 53497 7 8 7 7 8 9 8 7 6 5 4 5 4 5 6 7 8 7 6 5 6 5 4 3 4 3 4 6 7 8 7 6 5 4 3 4 3 4 5 6 7 6 5 4 5 4 3 2 3 2 3 option 2, or by emailing ACE.Support@ cbp.dhs.gov for assistance. SUPPLEMENTARY INFORMATION: I. 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 (Customs Modernization Act) (Pub. L. 103–182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C. 1411). Through NCAP, the thrust of customs modernization was on trade compliance and the development of the Automated Commercial Environment (ACE), the planned successor to the Automated Commercial System (ACS). ACE is an automated and electronic system for commercial trade processing which is intended to streamline business processes, facilitate growth in trade, ensure cargo security, and foster participation in global commerce, while ensuring compliance with U.S. laws and regulations and reducing costs for U.S. Customs and Border Protection (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 E:\FR\FM\12AUN1.SGM 12AUN1 53498 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices releases of ACE component functionality designed to replace specific legacy ACS functions and add new functionality. Sections 514 and 515 of the Tariff Act of 1930, as amended (19 U.S.C. 1514 and 1515), provide procedures for protesting certain decisions made by CBP. Section 645 of the Customs Modernization Act amended section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1514(c)(1)) to permit the transmission of such protests to CBP electronically. The CBP regulations governing protests are found in part 174 of Title 19 of the Code of Federal Regulations (19 CFR part 174). II. Authorization for the ACE Protest 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 Protest Test is authorized pursuant to 19 CFR 101.9(b) which provides for the testing of NCAP programs or procedures. See Treasury Decision (T.D.) 95–21. III. Electronic Protest Program A. ACS Protest Filing mstockstill on DSK3G9T082PROD with NOTICES The electronic filing and status of protests is a planned component of the NCAP, authorized by section 411 of the Tariff Act of 1930, as amended by section 631 of the Customs Modernization Act. See 19 U.S.C. 1411(a)(2)(A). The U.S. Customs Service, the legacy agency of CBP, previously tested and deployed electronic protest filing using the Automated Broker Interface (ABI) to transmit a protest to ACS. See, e.g., 65 FR 39224 (June 23, 2000). On January 14, 2011, CBP published a Final Rule in the Federal Register (76 FR 2573) making technical corrections to the protest regulations in 19 CFR part 174 and related provisions in Title 19 of the CFR. The rule amended section 174.12(b) to conform to section 514(c)(1) of the Tariff Act of 1930, as modified by the Customs Modernization Act, allowing a protest to be transmitted electronically to the electronic data interchange system authorized by CBP for that purpose. B. ACE Protest CBP has developed the ACE Protest Module to replace electronic protest filing in ACS. The ACE Protest Module is an internet-based processing module, which allows any person with a Protest Filer Account in the ACE Portal to file a protest and supporting documentation VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 electronically, monitor the status of the filer’s electronic protest, and receive CBP notifications and messages regarding the protest. CBP has modified the ACE Portal Account Test to establish the Protest Filer Account. See 81 FR 52453 (August 8, 2016). Parties wishing to file an electronic protest will need to establish and maintain an ACE Portal Account, as specified in that notice. In addition, on July 28, 2016, CBP published a notice in the Federal Register announcing that the ACE Protest Module will be the sole electronic method authorized by the Commissioner of CBP for filing electronic protests. See 81 FR 49685 (July 28, 2016). That notice also announced that CBP will no longer accept protests filed through ABI to ACS. Upon the effective date of that notice, ACE will replace ACS as the authorized electronic data interchange system for filing protests electronically. Pursuant to 19 CFR 174.12(b), protest filers are authorized to transmit their protest electronically to ACE. IV. Test Participation Criteria CBP is conducting a test of the ACE Protest Module, to assess new functionalities related to the electronic filing and processing of protests and new notification procedures for protests filed electronically in ACE. Any party who wishes to participate in this test may do so as long as it has a Protest Filer Account. Participation in this test is not confidential information and CBP may disclose the name(s) of participants. When a participant in the ACE Protest Test files a protest in ACE, the entire protest process will be fully automated and must be completed in ACE, with the exception of a request for accelerated disposition, which must be sent by registered or certified mail as required under 19 U.S.C. 1515(b). Once a test participant files a protest as part of this test, the protest filer agrees to the test procedures below for all subsequent actions regarding the protest. For test participants, CBP will waive certain regulations pertaining to protest filing, as described below. Except where otherwise specified by this notice, the CBP regulations concerning the filing of a protest remain the same. A. Power of Attorney and Certification The regulations governing the ability to file a protest on behalf of another person are codified at 19 CFR 174.3. For participants in the ACE Protest Test, rather than submitting a power of attorney, the protest filer will be required to check a box affirming the following statement: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 I certify that I am authorized to file this protest, that such authority has been granted by a duly and properly executed Power of Attorney where one is required, that all the information, statements and assertions herein are true and correct to the best of my knowledge and belief, and that this protest complies with all applicable regulations. A protest filer will not be able to submit a protest electronically unless the box next to the certification statement is checked. The protest filer must maintain a copy of the power of attorney to provide to CBP upon request. B. Identity of Filer The CBP regulations require that a protest include the name of the person filing the protest, or his agent or attorney. See 19 CFR 174.12(c). Participants in the ACE Protest Test should identify the person filing the protest through the Protest Filer Account. Information identifying the filer of the protest, as required by section 174.12(c), will be collected at the time the protest filer establishes an account. In addition, the Protest Filer will be required to enter the capacity in which it is filing, by selecting a ‘‘filer type’’ (e.g., attorney, broker, importer/ consignee, or surety). C. Place of Filing The CBP regulations require a protest to be filed with the port director whose decision is being protested. See 19 CFR 174.12(d). Delegation Order Number 14– 004, effective on September 11, 2014, delegates concurrent trade authority to the port directors and the directors of the Centers of Excellence & Expertise (CEE). As a result, a protest may be submitted to either the port director or the director of the filer’s assigned CEE. For participants in the ACE Protest Test, electronic protests will be filed in the ACE Protest Module instead. Protests filed electronically through the module will be routed to the CBP port, CEE, or other office responsible for the decision that is the subject of the protest. D. Date of Filing The CBP regulations state that the date of filing of a protest is the date on which the protest is received by the Customs officer with whom it is required to be filed. See 19 CFR 174.12(f). For electronic filings, the date of filing for claims or information (including a protest, protest amendment, request to set aside denial of further review, and request to void denial of a protest) will be the date on which the protest is received by the ACE Protest Module. The date of filing in the ACE Protest Module will be E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices determined based on midnight Eastern Standard Time (EST). This means that, to be considered timely, an electronic filing in the ACE Protest Module must be received by 11:59 p.m. (EST) on the final day of the filing period. The protest filer and any other designated parties will receive an electronic message confirming receipt of a protest filing in ACE. E. Amendment of Protests The Protest Filer may amend an electronic protest according to the requirements set forth in section 174.14. As required under 19 CFR 174.14(b), when a Protest Filer files a protest electronically, any amendment to such protest must be made electronically through the ACE Protest Module. As a result, for participants in the ACE Protest Test, the place of filing of an amendment to a protest filed in ACE will be the ACE Protest Module, rather than the port director with whom the protest was filed. See 19 CFR 174.14(e). The date of filing of an amendment to an ACE Protest will be the date on which the protest amendment is received by the ACE Protest Module. The date of filing in the ACE Protest Module will be determined by the time of receipt of the amendment in ACE based on midnight Eastern Standard Time. The Protest Filer and any other designated parties will receive an electronic message confirming receipt of an amendment made to an electronic protest. F. Accelerated Disposition mstockstill on DSK3G9T082PROD with NOTICES Under 19 U.S.C. 1515(b), a request for accelerated disposition must be sent by registered or certified mail. If the Protest Filer intends to request accelerated disposition for a protest, the request must be sent by registered or certified mail to the port director or other CBP officer whose decision is protested. See 19 CFR 174.12(d) and 174.22(a). Test participants are also required to check a box in the ACE Protest Module indicating a request was properly mailed. When making a request for accelerated disposition the Protest Filer must check a box affirming that the Protest Filer has filed the request for accelerated disposition by registered or certified mail: I certify that I have sent a request for Accelerated Disposition by Certified or Registered United States Mail, and I understand that by requesting accelerated disposition this protest will be deemed denied within 30 days of the request if it is not decided by CBP before the end of the 30 day period, and that any lawsuit filed in the United States Court of International Trade contesting the deemed denial of this protest VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 is barred unless commenced within 180 days of the date of the deemed denial. The date of the request for accelerated disposition will be based on the date of the mailing. The Protest Filer may electronically withdraw a request for accelerated disposition of a protest filed through the ACE Protest Module any time prior to the 30 days after the date of the request or the CBP decision on the protest, whichever comes first. G. Further Review In lieu of filing an application for further review (AFR) on Customs Form 19, pursuant to 19 CFR 174.25, test participants may submit an AFR concurrently with the protest in the ACE Protest Module. When a protest is filed through the ACE Protest Module, the Protest Filer must use the module to submit the AFR. When a Protest Filer applies for further review, the filer must check a box to answer ‘‘yes’’ or ‘‘no’’ to the following questions: Have you made prior request of a port director for a further review of the same claim with respect to the same or substantially similar merchandise? Have you received a final adverse decision from the U.S. Court of International Trade on the same claim with respect to the same category of merchandise or do you have an action involving such a claim pending before the U.S. Court of International Trade? Have you previously received an adverse administrative decision from the Commissioner of CBP or his designee or have you presently pending an application for an administrative decision on the same claim with respect to the same category of merchandise? The ACE Protest Module will not accept a protest with an AFR unless the Protest Filer answers these three questions and provides a written justification. The written justification must be entered in the text box provided or uploaded separately. H. Additional Arguments A reviewing officer may consider alternative claims and additional grounds or arguments submitted by the protesting party. See 19 CFR 174.28. For purposes of the ACE Protest Test, participants may use the ACE Protest Module to submit alternative claims and additional grounds or arguments any time prior to the disposition of the protest. When a protest is filed through the ACE Protest Module, the Protest Filer must use the module to submit additional arguments unless such information is incapable of electronic submission, e.g., samples of imported merchandise. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 53499 I. Submission of Additional Information and Protest Withdrawal When a protest is filed through the ACE Protest Module, the Protest Filer must use the module to submit additional information requested by CBP unless such information is incapable of electronic submission, e.g., samples of imported merchandise. Any request to withdraw a protest submitted through the ACE Protest Module must be submitted electronically through the module. J. Request To Set Aside Denial of Further Review A Protest Filer seeking to file a request to set aside CBP’s denial of further review under 19 U.S.C. 1515(c) must use the ACE Protest Module when the underlying protest was filed through the ACE Protest Module. A request will be considered filed with the appropriate CBP officer if it is filed in the ACE Protest Module within 60 days after the date of the protest denial. As noted above, the date of filing in the ACE Protest Module will be determined by the time of receipt of the request for setting aside of the denial of further review in ACE based on midnight Eastern Standard Time. If CBP fails to act on the request to set aside the denial of further review within 60 days from the time of filing, the request will be considered denied and the Protest Filer will receive a courtesy electronic notification. K. Request To Void Denial of a Protest A Protest Filer seeking to file a request to void the denial of a protest under 19 U.S.C. 1515(d) must use the ACE Protest Module when the underlying protest was filed through the ACE Protest Module. A request will be considered filed with the appropriate CBP office if it is filed in the ACE Protest Module within 90 days after the date of the protest denial. The date of filing of a request will be the date on which the request is received by the ACE Protest Module. As noted above, the date of filing in the ACE Protest Module will be determined by the time of receipt of the request in ACE based on midnight Eastern Standard Time. L. Messaging ACE will generate and send automated messages to notify the Protest Filer and any other designated parties of changes in the status of the protest and decisions made by CBP regarding the protest. These messages will advise the parties when CBP has received the: Protest; request for accelerated disposition; additional arguments; application for further review; protest E:\FR\FM\12AUN1.SGM 12AUN1 53500 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices amendment; request to set aside denial of further review; request to withdraw a protest; or request to void the denial of a protest. In addition, rather than mailing a notice of denial of the protest pursuant to 19 CFR 174.30, for protests filed electronically, ACE will notify designated parties of actions taken by CBP electronically, including CBP’s decision to suspend, grant, or deny a protest. mstockstill on DSK3G9T082PROD with NOTICES V. Comments All interested parties are invited to comment on any aspect of this ACE Protest Test for the duration of the test. CBP requests comments and feedback on all aspects of this test in order to determine whether to modify, alter, expand, limit, continue, end, or fully implement this test. VII. 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). VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 • 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 Environment (ACE) Cargo Release for Truck Carriers: 79 FR 25142 (May 2, 2014). • Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 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 Vessel Cargo Test: 80 FR 50644 (August 20, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning the Submission of Certain E:\FR\FM\12AUN1.SGM 12AUN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices Data Required by the Food and Drug Administration (FDA) Using the Partner Government Agency 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 9, 2015). • Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Document Image System (DIS) Regarding Future Updates and New Method of Submission of Accepted Documents: 80 FR 62082 (October 15, 2015). • Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo Release for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 63576 (October 20, 2015). • Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 (October 21, 2015). • Modification of the National Customs Automation Program Test Concerning the Automated Commercial Environment Portal Account to Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015). • Modification of National Customs Automation Program Test Concerning the Automated Commercial Environment Partner Government Agency Message Set Regarding the Toxic Substances Control Act Certification Required by the Environmental Protection Agency: 81 FR 7133 (February 10, 2016). • Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Certain Electronic Entry and Entry Summary Filings: 81 FR 10264 (February 29, 2016). • Modification of the National Customs Automation Program (NCAP) Tests Concerning the Partner Government Agency Message Set for Certain Data Required by the Environmental Protection Agency (EPA): 81 FR 13399 (March 14, 2016). • Cessation of National Customs Automation Program (NCAP) Test Concerning the Submission of Certain Data Required by the Food and Drug Administration (FDA) Using the Partner VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 Government Agency (PGA) Message Set Through the Automated Commercial Environment (ACE): 81 FR 18634 (March 31, 2016). • Automated Commercial Environment (ACE); Announcement of National Customs Automation Program Test of the In-Transit Manifest Pilot Program: 81 FR 24837 (April 27, 2016). • Announcement of National Customs Automation Program (NCAP) Test Concerning the Submission Through the Automated Commercial Environment (ACE) of Certain Import Data and Documents Required by the U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2015). • Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Certain Electronic Entry and Entry Summary Filings Accompanied by Food and Drug Administration (FDA) Data: 81 FR 30320 (May 16, 2016). • Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Electronic Entry and Entry Summary Filings: 81 FR 32339 (May 23, 2016). • Notice Announcing the Automated Commercial Environment (ACE) Protest Module as the Sole CBP-Authorized Method for Filing Electronic Protests: 81 FR 49685 (July 28, 2016). • Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Accounts to Establish the Protest Filer Account and Clarification that the Terms and Conditions for Account Access Apply to All ACE Portal Accounts: 81 FR 52453 (August 8, 2016). Dated: August 9, 2016. Brenda B. Smith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2016–19267 Filed 8–11–16; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5907–N–33] Federal Property Suitable as Facilities To Assist the Homeless Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. AGENCY: This Notice identifies unutilized, underutilized, excess, and SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 53501 surplus Federal property reviewed by HUD for suitability for use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402–3970; TTY number for the hearing- and speechimpaired (202) 708–2565 (these telephone numbers are not toll-free), call the toll-free Title V information line at 800–927–7588 or send an email to title5@hud.gov . SUPPLEMENTARY INFORMATION: In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503– OG (D.D.C.). Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/ unavailable, and suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency’s needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless. Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for ‘‘off-site use only’’ recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to: Ms. Theresa M. Ritta, Chief Real Property Branch, the Department of Health and Human Services, Room 12–07, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857, (301)–443–2265 (This is not E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53497-53501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19267]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


National Customs Automation Program (NCAP) Test Concerning 
Electronic Filing of Protests in the Automated Commercial Environment 
(ACE)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to conduct a National Customs Automation Program (NCAP) 
test to assess new functionalities related to the electronic filing and 
processing of protests and new notification procedures for protests 
filed electronically in the Automated Commercial Environment (ACE). 
During the test, participants will be able to submit additional 
arguments and supporting information electronically, with their 
electronic protest in ACE. In addition, participants will be able to 
submit requests for further review, requests for accelerated 
disposition, requests to set aside denial of further review, and 
requests to void denial of a protest electronically in ACE. This notice 
also announces the testing of electronic protest status notifications 
from CBP. The test will be known as the ACE Protest Test.

DATES: The ACE Protest Test will commence on August 29, 2016, and will 
continue until concluded by a notice published in the Federal Register. 
Comments concerning this notice and any aspect of the test may be 
submitted at any time during the test to the address set forth below.

ADDRESSES: Comments concerning this notice and any aspect of the ACE 
Protest Test may be submitted at any time during the testing period via 
email to Josephine Baiamonte, ACE Business Office (ABO), Office of 
Trade at josephine.baiamonte@cbp.dhs.gov. In the subject line of your 
email, please indicate, ``Comment on ACE Protest Test FRN.''

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
application or requests for an ACE Portal Account, including ACE 
Protest Filer Accounts, 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. 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 (Customs Modernization Act) 
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C. 
1411). Through NCAP, the thrust of customs modernization was on trade 
compliance and the development of the Automated Commercial Environment 
(ACE), the planned successor to the Automated Commercial System (ACS). 
ACE is an automated and electronic system for commercial trade 
processing which is intended to streamline business processes, 
facilitate growth in trade, ensure cargo security, and foster 
participation in global commerce, while ensuring compliance with U.S. 
laws and regulations and reducing costs for U.S. Customs and Border 
Protection (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

[[Page 53498]]

releases of ACE component functionality designed to replace specific 
legacy ACS functions and add new functionality.
    Sections 514 and 515 of the Tariff Act of 1930, as amended (19 
U.S.C. 1514 and 1515), provide procedures for protesting certain 
decisions made by CBP. Section 645 of the Customs Modernization Act 
amended section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C. 
1514(c)(1)) to permit the transmission of such protests to CBP 
electronically. The CBP regulations governing protests are found in 
part 174 of Title 19 of the Code of Federal Regulations (19 CFR part 
174).

II. Authorization for the ACE Protest 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 Protest Test is authorized 
pursuant to 19 CFR 101.9(b) which provides for the testing of NCAP 
programs or procedures. See Treasury Decision (T.D.) 95-21.

III. Electronic Protest Program

A. ACS Protest Filing

    The electronic filing and status of protests is a planned component 
of the NCAP, authorized by section 411 of the Tariff Act of 1930, as 
amended by section 631 of the Customs Modernization Act. See 19 U.S.C. 
1411(a)(2)(A). The U.S. Customs Service, the legacy agency of CBP, 
previously tested and deployed electronic protest filing using the 
Automated Broker Interface (ABI) to transmit a protest to ACS. See, 
e.g., 65 FR 39224 (June 23, 2000).
    On January 14, 2011, CBP published a Final Rule in the Federal 
Register (76 FR 2573) making technical corrections to the protest 
regulations in 19 CFR part 174 and related provisions in Title 19 of 
the CFR. The rule amended section 174.12(b) to conform to section 
514(c)(1) of the Tariff Act of 1930, as modified by the Customs 
Modernization Act, allowing a protest to be transmitted electronically 
to the electronic data interchange system authorized by CBP for that 
purpose.

B. ACE Protest

    CBP has developed the ACE Protest Module to replace electronic 
protest filing in ACS. The ACE Protest Module is an internet-based 
processing module, which allows any person with a Protest Filer Account 
in the ACE Portal to file a protest and supporting documentation 
electronically, monitor the status of the filer's electronic protest, 
and receive CBP notifications and messages regarding the protest. CBP 
has modified the ACE Portal Account Test to establish the Protest Filer 
Account. See 81 FR 52453 (August 8, 2016). Parties wishing to file an 
electronic protest will need to establish and maintain an ACE Portal 
Account, as specified in that notice.
    In addition, on July 28, 2016, CBP published a notice in the 
Federal Register announcing that the ACE Protest Module will be the 
sole electronic method authorized by the Commissioner of CBP for filing 
electronic protests. See 81 FR 49685 (July 28, 2016). That notice also 
announced that CBP will no longer accept protests filed through ABI to 
ACS. Upon the effective date of that notice, ACE will replace ACS as 
the authorized electronic data interchange system for filing protests 
electronically. Pursuant to 19 CFR 174.12(b), protest filers are 
authorized to transmit their protest electronically to ACE.

IV. Test Participation Criteria

    CBP is conducting a test of the ACE Protest Module, to assess new 
functionalities related to the electronic filing and processing of 
protests and new notification procedures for protests filed 
electronically in ACE. Any party who wishes to participate in this test 
may do so as long as it has a Protest Filer Account. Participation in 
this test is not confidential information and CBP may disclose the 
name(s) of participants. When a participant in the ACE Protest Test 
files a protest in ACE, the entire protest process will be fully 
automated and must be completed in ACE, with the exception of a request 
for accelerated disposition, which must be sent by registered or 
certified mail as required under 19 U.S.C. 1515(b). Once a test 
participant files a protest as part of this test, the protest filer 
agrees to the test procedures below for all subsequent actions 
regarding the protest. For test participants, CBP will waive certain 
regulations pertaining to protest filing, as described below. Except 
where otherwise specified by this notice, the CBP regulations 
concerning the filing of a protest remain the same.

A. Power of Attorney and Certification

    The regulations governing the ability to file a protest on behalf 
of another person are codified at 19 CFR 174.3. For participants in the 
ACE Protest Test, rather than submitting a power of attorney, the 
protest filer will be required to check a box affirming the following 
statement:

    I certify that I am authorized to file this protest, that such 
authority has been granted by a duly and properly executed Power of 
Attorney where one is required, that all the information, statements 
and assertions herein are true and correct to the best of my 
knowledge and belief, and that this protest complies with all 
applicable regulations.

    A protest filer will not be able to submit a protest electronically 
unless the box next to the certification statement is checked. The 
protest filer must maintain a copy of the power of attorney to provide 
to CBP upon request.

B. Identity of Filer

    The CBP regulations require that a protest include the name of the 
person filing the protest, or his agent or attorney. See 19 CFR 
174.12(c). Participants in the ACE Protest Test should identify the 
person filing the protest through the Protest Filer Account. 
Information identifying the filer of the protest, as required by 
section 174.12(c), will be collected at the time the protest filer 
establishes an account. In addition, the Protest Filer will be required 
to enter the capacity in which it is filing, by selecting a ``filer 
type'' (e.g., attorney, broker, importer/consignee, or surety).

C. Place of Filing

    The CBP regulations require a protest to be filed with the port 
director whose decision is being protested. See 19 CFR 174.12(d). 
Delegation Order Number 14-004, effective on September 11, 2014, 
delegates concurrent trade authority to the port directors and the 
directors of the Centers of Excellence & Expertise (CEE). As a result, 
a protest may be submitted to either the port director or the director 
of the filer's assigned CEE. For participants in the ACE Protest Test, 
electronic protests will be filed in the ACE Protest Module instead. 
Protests filed electronically through the module will be routed to the 
CBP port, CEE, or other office responsible for the decision that is the 
subject of the protest.

D. Date of Filing

    The CBP regulations state that the date of filing of a protest is 
the date on which the protest is received by the Customs officer with 
whom it is required to be filed. See 19 CFR 174.12(f). For electronic 
filings, the date of filing for claims or information (including a 
protest, protest amendment, request to set aside denial of further 
review, and request to void denial of a protest) will be the date on 
which the protest is received by the ACE Protest Module. The date of 
filing in the ACE Protest Module will be

[[Page 53499]]

determined based on midnight Eastern Standard Time (EST). This means 
that, to be considered timely, an electronic filing in the ACE Protest 
Module must be received by 11:59 p.m. (EST) on the final day of the 
filing period. The protest filer and any other designated parties will 
receive an electronic message confirming receipt of a protest filing in 
ACE.

E. Amendment of Protests

    The Protest Filer may amend an electronic protest according to the 
requirements set forth in section 174.14. As required under 19 CFR 
174.14(b), when a Protest Filer files a protest electronically, any 
amendment to such protest must be made electronically through the ACE 
Protest Module. As a result, for participants in the ACE Protest Test, 
the place of filing of an amendment to a protest filed in ACE will be 
the ACE Protest Module, rather than the port director with whom the 
protest was filed. See 19 CFR 174.14(e). The date of filing of an 
amendment to an ACE Protest will be the date on which the protest 
amendment is received by the ACE Protest Module. The date of filing in 
the ACE Protest Module will be determined by the time of receipt of the 
amendment in ACE based on midnight Eastern Standard Time. The Protest 
Filer and any other designated parties will receive an electronic 
message confirming receipt of an amendment made to an electronic 
protest.

F. Accelerated Disposition

    Under 19 U.S.C. 1515(b), a request for accelerated disposition must 
be sent by registered or certified mail. If the Protest Filer intends 
to request accelerated disposition for a protest, the request must be 
sent by registered or certified mail to the port director or other CBP 
officer whose decision is protested. See 19 CFR 174.12(d) and 
174.22(a). Test participants are also required to check a box in the 
ACE Protest Module indicating a request was properly mailed. When 
making a request for accelerated disposition the Protest Filer must 
check a box affirming that the Protest Filer has filed the request for 
accelerated disposition by registered or certified mail:

    I certify that I have sent a request for Accelerated Disposition 
by Certified or Registered United States Mail, and I understand that 
by requesting accelerated disposition this protest will be deemed 
denied within 30 days of the request if it is not decided by CBP 
before the end of the 30 day period, and that any lawsuit filed in 
the United States Court of International Trade contesting the deemed 
denial of this protest is barred unless commenced within 180 days of 
the date of the deemed denial.

    The date of the request for accelerated disposition will be based 
on the date of the mailing. The Protest Filer may electronically 
withdraw a request for accelerated disposition of a protest filed 
through the ACE Protest Module any time prior to the 30 days after the 
date of the request or the CBP decision on the protest, whichever comes 
first.

G. Further Review

    In lieu of filing an application for further review (AFR) on 
Customs Form 19, pursuant to 19 CFR 174.25, test participants may 
submit an AFR concurrently with the protest in the ACE Protest Module. 
When a protest is filed through the ACE Protest Module, the Protest 
Filer must use the module to submit the AFR. When a Protest Filer 
applies for further review, the filer must check a box to answer 
``yes'' or ``no'' to the following questions:

    Have you made prior request of a port director for a further 
review of the same claim with respect to the same or substantially 
similar merchandise?
    Have you received a final adverse decision from the U.S. Court 
of International Trade on the same claim with respect to the same 
category of merchandise or do you have an action involving such a 
claim pending before the U.S. Court of International Trade?
    Have you previously received an adverse administrative decision 
from the Commissioner of CBP or his designee or have you presently 
pending an application for an administrative decision on the same 
claim with respect to the same category of merchandise?

    The ACE Protest Module will not accept a protest with an AFR unless 
the Protest Filer answers these three questions and provides a written 
justification. The written justification must be entered in the text 
box provided or uploaded separately.

H. Additional Arguments

    A reviewing officer may consider alternative claims and additional 
grounds or arguments submitted by the protesting party. See 19 CFR 
174.28. For purposes of the ACE Protest Test, participants may use the 
ACE Protest Module to submit alternative claims and additional grounds 
or arguments any time prior to the disposition of the protest. When a 
protest is filed through the ACE Protest Module, the Protest Filer must 
use the module to submit additional arguments unless such information 
is incapable of electronic submission, e.g., samples of imported 
merchandise.

I. Submission of Additional Information and Protest Withdrawal

    When a protest is filed through the ACE Protest Module, the Protest 
Filer must use the module to submit additional information requested by 
CBP unless such information is incapable of electronic submission, 
e.g., samples of imported merchandise. Any request to withdraw a 
protest submitted through the ACE Protest Module must be submitted 
electronically through the module.

J. Request To Set Aside Denial of Further Review

    A Protest Filer seeking to file a request to set aside CBP's denial 
of further review under 19 U.S.C. 1515(c) must use the ACE Protest 
Module when the underlying protest was filed through the ACE Protest 
Module. A request will be considered filed with the appropriate CBP 
officer if it is filed in the ACE Protest Module within 60 days after 
the date of the protest denial. As noted above, the date of filing in 
the ACE Protest Module will be determined by the time of receipt of the 
request for setting aside of the denial of further review in ACE based 
on midnight Eastern Standard Time. If CBP fails to act on the request 
to set aside the denial of further review within 60 days from the time 
of filing, the request will be considered denied and the Protest Filer 
will receive a courtesy electronic notification.

K. Request To Void Denial of a Protest

    A Protest Filer seeking to file a request to void the denial of a 
protest under 19 U.S.C. 1515(d) must use the ACE Protest Module when 
the underlying protest was filed through the ACE Protest Module. A 
request will be considered filed with the appropriate CBP office if it 
is filed in the ACE Protest Module within 90 days after the date of the 
protest denial. The date of filing of a request will be the date on 
which the request is received by the ACE Protest Module. As noted 
above, the date of filing in the ACE Protest Module will be determined 
by the time of receipt of the request in ACE based on midnight Eastern 
Standard Time.

L. Messaging

    ACE will generate and send automated messages to notify the Protest 
Filer and any other designated parties of changes in the status of the 
protest and decisions made by CBP regarding the protest. These messages 
will advise the parties when CBP has received the: Protest; request for 
accelerated disposition; additional arguments; application for further 
review; protest

[[Page 53500]]

amendment; request to set aside denial of further review; request to 
withdraw a protest; or request to void the denial of a protest. In 
addition, rather than mailing a notice of denial of the protest 
pursuant to 19 CFR 174.30, for protests filed electronically, ACE will 
notify designated parties of actions taken by CBP electronically, 
including CBP's decision to suspend, grant, or deny a protest.

V. Comments

    All interested parties are invited to comment on any aspect of this 
ACE Protest Test for the duration of the test. CBP requests comments 
and feedback on all aspects of this test in order to determine whether 
to modify, alter, expand, limit, continue, end, or fully implement this 
test.

VII. 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 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 
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain

[[Page 53501]]

Data Required by the Food and Drug Administration (FDA) Using the 
Partner Government Agency 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 9, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo 
Release for Entry Type 52 and Certain Other Modes of Transportation: 80 
FR 63576 (October 20, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry 
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary 
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 
(October 21, 2015).
     Modification of the National Customs Automation Program 
Test Concerning the Automated Commercial Environment Portal Account to 
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
     Modification of National Customs Automation Program Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency: 81 FR 
7133 (February 10, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings: 81 FR 10264 (February 29, 2016).
     Modification of the National Customs Automation Program 
(NCAP) Tests Concerning the Partner Government Agency Message Set for 
Certain Data Required by the Environmental Protection Agency (EPA): 81 
FR 13399 (March 14, 2016).
     Cessation 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): 81 FR 
18634 (March 31, 2016).
     Automated Commercial Environment (ACE); Announcement of 
National Customs Automation Program Test of the In-Transit Manifest 
Pilot Program: 81 FR 24837 (April 27, 2016).
     Announcement of National Customs Automation Program (NCAP) 
Test Concerning the Submission Through the Automated Commercial 
Environment (ACE) of Certain Import Data and Documents Required by the 
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2015).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings Accompanied by Food and Drug Administration (FDA) Data: 81 FR 
30320 (May 16, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Entry and Entry Summary Filings: 81 FR 
32339 (May 23, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing 
Electronic Protests: 81 FR 49685 (July 28, 2016).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Portal Accounts to Establish the Protest Filer Account and 
Clarification that the Terms and Conditions for Account Access Apply to 
All ACE Portal Accounts: 81 FR 52453 (August 8, 2016).

    Dated: August 9, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-19267 Filed 8-11-16; 8:45 am]
BILLING CODE 9111-14-P