80_FR_64018 80 FR 63815 - Modification of National Customs Automation Program (NCAP) Test Concerning 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 - Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 and 52 and Certain Modes of Transportation

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63815-63817
FR Document2015-26608

This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) test concerning the Entry Summary, Accounts and Revenue (ESAR) test program in the Automated Commercial Environment (ACE) to allow importers and brokers to file electronically entry summary data for entry types 51 and 52, in addition to entry types 01, 03, and 11 that are already available for electronic filing, for merchandise arriving by truck, rail, vessel, and air, as well as arriving by mail, pedestrian, and passenger (hand-carried).

Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63815-63817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26608]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment (ACE) Entry Summary, 
Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 
and 52 and Certain Modes of Transportation

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

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning the Entry Summary, Accounts and Revenue (ESAR) test 
program in the Automated Commercial Environment (ACE) to allow 
importers and brokers to file electronically entry summary data for 
entry types 51 and 52, in addition to entry types 01, 03, and 11 that 
are already available for electronic filing, for merchandise arriving 
by truck, rail, vessel, and air, as well as arriving by mail, 
pedestrian, and passenger (hand-carried).

DATES: The ACE ESAR test modifications set forth in this document will 
begin on or about November 20, 2015. This test will continue until 
concluded by way of a document published in the Federal Register. 
Public comments are invited and will be accepted for the duration of 
the test.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Josephine 
Baiamonte, Director, Business Transformation, ACE Business Office, 
Office of International Trade at [email protected]. In 
the subject line of your email message, please use, ``Comment on 
Expansion of Automated Entry Summary for Entry Types 51 and 52.''

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment (ACE) or Automated Broker Interface 
(ABI) transmissions, contact your assigned client representative. 
Interested parties without an assigned client representative should 
direct their questions to Steven Zaccaro at 
[email protected] with the subject line heading ``Expansion 
of Automated Entry Summary for Entry Types 51 and 52-Request to 
Participate.''

SUPPLEMENTARY INFORMATION:

I. Background

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization (Customs Modernization 
Act), in the North American Free Trade Agreement Implementation Act, 
Public Law 103-182, 107 Stat. 2057 (19 U.S.C. 1411). Through NCAP, the 
initial thrust of customs modernization was on trade compliance and the 
development of the Automated Commercial Environment (ACE), the planned 
successor to the Automated Commercial System (ACS). ACE is an automated 
and electronic system for processing commercial trade data 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 
releases of ACE component functionality designed to replace specific 
legacy ACS functions. Each release will begin with a test and, if the 
test is successful, will end with the mandatory use of the new ACE 
feature, thus retiring the legacy ACS function. Each release builds on 
previous releases and sets forth the foundation for subsequent 
releases.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XIV, entitled, ``Development of ACE 
Prototypes.'' The procedures and criteria related to participation in 
the prior ACE test pilots remain in effect unless otherwise explicitly 
changed by this or subsequent notices published in the Federal 
Register.

II. Authorization for the Test

    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 ACE ESAR Test, as modified 
in this notice, is authorized pursuant to Sec.  101.9(b) of title 19 of 
the Code of Federal Regulations (19 CFR 101.9(b)), which provides for 
the testing of NCAP programs or procedures. See Treasury Decision 
(T.D.) 95-21, 60 FR 14211 (March 16, 1995).

III. Modifications of ACE ESAR Test

    On October 18, 2007, CBP published a General Notice in the Federal 
Register (72 FR 59105) announcing CBP's plan to conduct a new test 
concerning ACE entry summary, accounts and revenue capabilities, that 
provided for enhanced account management functions for ACE Portal 
Accounts and expanding the universe of ACE account types. That test 
notice is commonly referred to as ESAR I. As stated in that notice, ACE 
is now the lead system for CBP-required master data elements (e.g., 
company name, address, and point of contact) as well as related 
reference files (e.g., country code, port code, manufacturer ID, and 
gold currency exchange rate and conversion calculator).
    This notice announces that CBP will modify the ESAR test in order 
to allow brokers and importers, who are also ACE participants, to file 
electronically, for air, ocean, rail, and truck modes of 
transportation, as well as for mail, pedestrian, and passenger (hand-
carried) modes of transportation, the ACE entry summary for entry type 
51 (i.e., merchandise imported by the Defense Contract Management 
Command (DCMAO NY) Military Only), and for entry type 52 (i.e., 
Government--Dutiable (other than DCMAO NY)), in addition to entry types 
01, 03, and 11.

IV. Eligibility Requirements

    Importer and broker volunteers who wish to participate in this test 
must have an ACE Portal Account (see notices referenced below relating 
to the establishment of ACE Portal Accounts). ABI volunteers wishing to 
participate in this test must:
    (1) Use statement or single pay for payment processing; and
    (2) Use a software package that has completed ABI certification 
testing for ACE.
    Test participants must meet all the eligibility criteria described 
in this document in order to participate in the test program.

V. Test Participation Selection Criteria

    The ACE ESAR test is open to all importers and customs brokers 
filing ACE Entry Summaries for cargo

[[Page 63816]]

transported by the air, ocean, rail, and truck modes of transportation 
as well as by the mail, pedestrian, and passenger (hand-carried) modes 
of transportation. Any party seeking to participate in this test must 
provide CBP, as part of its request to participate, its filer code and 
the port(s) at which it is interested in filing ACE entry summary data. 
ACE entry summary data may be submitted at all ports of entry for entry 
types 51 and 52 as of November 20, 2015, and for authorized entry 
types, i.e., entry types 01, 03, 11, which are already available for 
electronic filing.
    Applicants will be notified by a CBP client representative if they 
have been selected to participate in this test.

VI. Filing Capabilities and Requirements

    The filing capabilities and functionalities for the ACE ESAR tests 
that were set forth in previous Federal Register notices (i.e., 78 FR 
69434 (November 19, 2013), 76 FR 37136 (June 24, 2011), 74 FR 69129 
(December 30, 2009), 74 FR 9826 (March 6, 2009), 73 FR 50337 (August 
26, 2008), and 72 FR 59105 (October 18, 2008)) continue to apply and 
are now expanded to include ACE-participating importers and customs 
brokers filing entry summaries for type 51 and 52 entries, for cargo 
conveyances arriving by any mode of transportation, including by the 
air, ocean, rail, and truck modes of transportation. In lieu of filing 
the entry in ACE Cargo Release test participants may file an ACE Entry 
Summary certified for release.

VII. Test Duration

    This ACE Entry Summary, Accounts and Revenue test, as modified, 
will begin on or about November 20, 2015. This test will conclude by 
way of a document published in the Federal Register.

VIII. Comments

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests 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 fully implement this program.

IX. Waiver of Regulations Under This Test

    For purposes of this test, any provision in title 19 of the Code of 
Federal Regulations including, but not limited to, the provisions found 
in parts 141, 142, 143, and 149 thereof relating to entry summary 
filing and processing that are inconsistent with the requirements set 
forth in this notice are waived for the duration of the test. See 19 
CFR 101.9(b). This document does not waive any recordkeeping 
requirements found in part 163 of title 19 of the Code of Federal 
Regulations (19 CFR part 163) and the Appendix to part 163 (commonly 
known as the ``(a)(1)(A) list'').

X. Previous Notices

    All requirements, terms and conditions, and aspects of the ACE test 
discussed in previous notices are hereby incorporated by reference into 
this notice and continue to be applicable, unless changed by this 
notice.

XI. Paperwork Reduction Act

    The collection of information contained in this ACE Entry Summary, 
Accounts and Revenue test has been approved by the Office of Management 
and Budget (OMB) in accordance with the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3507) and assigned OMB control number 1651-
0022. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a valid control number assigned by OMB.

XII. Confidentiality

    All data submitted and entered into ACE is subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to 
the extent as otherwise provided by law. As stated in previous notices, 
participation in this or any of the previous ACE tests is not 
confidential and upon a written Freedom of Information Act (FOIA) 
request, a name(s) of an approved participant(s) will be disclosed by 
CBP in accordance with 5 U.S.C. 552.

XIII. Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, or discontinuance from 
participation in this test for any of the following:
    (1) Failure to follow the terms and conditions of this test;
    (2) Failure to exercise reasonable care in the execution of 
participant obligations;
    (3) Failure to abide by applicable laws and regulations that have 
not been waived; or
    (4) Failure to deposit duties or fees in a timely manner.
    If the Director, Business Transformation, ACE Business Office 
(ABO), Office of International Trade, finds that there is a basis for 
discontinuance of test participation privileges, the test participant 
will be provided a written notice proposing the discontinuance with a 
description of the facts or conduct warranting the action. The test 
participant will be offered the opportunity to appeal the Director's 
decision in writing within 10 calendar days of receipt of the written 
notice. The appeal must be submitted to Acting Executive Director, ABO, 
Office of International Trade, by emailing 
[email protected].
    The Acting Executive Director will issue a decision in writing on 
the proposed action within 30 working days after receiving a timely 
filed appeal from the test participant. If no timely appeal is 
received, the proposed notice becomes the final decision of the Agency 
as of the date that the appeal period expires. A proposed 
discontinuance of a test participant's privileges will not take effect 
unless the appeal process under this paragraph has been concluded with 
a written decision adverse to the test participant.
    In the case of willfulness or those in which public health, 
interest, or safety so requires, the Director, Business Transformation, 
ABO, Office of International Trade, may immediately discontinue the 
test participant's privileges upon written notice to the test 
participant. The notice will contain a description of the facts or 
conduct warranting the immediate action. The test participant will be 
offered the opportunity to appeal the Director's decision within 10 
calendar days of receipt of the written notice providing for immediate 
discontinuance. The appeal must be submitted to Acting Executive 
Director, ABO, Office of International Trade, by emailing 
[email protected]. The immediate discontinuance will remain 
in effect during the appeal period. The Executive Director will issue a 
decision in writing on the discontinuance within 15 working days after 
receiving a timely filed appeal from the test participant. If no timely 
appeal is received, the notice becomes the final decision of the Agency 
as of the date that the appeal period expires.

XIV. 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).

[[Page 63817]]

     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).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 80 FR 
52051 (August 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 7, 2015).

     Dated: October 15, 2015.
Cynthia F. Whittenburg,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-26608 Filed 10-20-15; 8:45 am]
BILLING CODE 9111-14-P



                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                          63815

                                              Notice referenced above, seek judicial review           (ABI) transmissions, contact your                     programs or procedures designed to
                                              of this final determination before the Court            assigned client representative.                       evaluate planned components of the
                                              of International Trade.                                 Interested parties without an assigned                NCAP. The ACE ESAR Test, as modified
                                              Sincerely,                                              client representative should direct their             in this notice, is authorized pursuant to
                                              Harold M. Singer,                                       questions to Steven Zaccaro at                        § 101.9(b) of title 19 of the Code of
                                              Acting Executive Director Regulations and               steven.j.zaccaro@cbp.dhs.gov with the                 Federal Regulations (19 CFR 101.9(b)),
                                                Rulings, Office of International Trade                subject line heading ‘‘Expansion of                   which provides for the testing of NCAP
                                              [FR Doc. 2015–26752 Filed 10–20–15; 8:45 am]            Automated Entry Summary for Entry                     programs or procedures. See Treasury
                                              BILLING CODE P                                          Types 51 and 52-Request to                            Decision (T.D.) 95–21, 60 FR 14211
                                                                                                      Participate.’’                                        (March 16, 1995).
                                                                                                      SUPPLEMENTARY INFORMATION:                            III. Modifications of ACE ESAR Test
                                              DEPARTMENT OF HOMELAND
                                              SECURITY                                                I. Background                                            On October 18, 2007, CBP published
                                                                                                                                                            a General Notice in the Federal Register
                                              U.S. Customs and Border Protection                         The National Customs Automation
                                                                                                                                                            (72 FR 59105) announcing CBP’s plan to
                                                                                                      Program (NCAP) was established by
                                                                                                                                                            conduct a new test concerning ACE
                                              Modification of National Customs                        Subtitle B of Title VI—Customs
                                                                                                                                                            entry summary, accounts and revenue
                                              Automation Program (NCAP) Test                          Modernization (Customs Modernization
                                                                                                                                                            capabilities, that provided for enhanced
                                              Concerning Automated Commercial                         Act), in the North American Free Trade
                                                                                                                                                            account management functions for ACE
                                              Environment (ACE) Entry Summary,                        Agreement Implementation Act, Public
                                                                                                                                                            Portal Accounts and expanding the
                                              Accounts and Revenue (ESAR) Test of                     Law 103–182, 107 Stat. 2057 (19 U.S.C.
                                                                                                                                                            universe of ACE account types. That test
                                              Automated Entry Summary Types 51                        1411). Through NCAP, the initial thrust
                                                                                                                                                            notice is commonly referred to as ESAR
                                              and 52 and Certain Modes of                             of customs modernization was on trade
                                                                                                                                                            I. As stated in that notice, ACE is now
                                              Transportation                                          compliance and the development of the
                                                                                                                                                            the lead system for CBP-required master
                                                                                                      Automated Commercial Environment
                                              AGENCY:  U.S. Customs and Border                                                                              data elements (e.g., company name,
                                                                                                      (ACE), the planned successor to the
                                              Protection, Department of Homeland                                                                            address, and point of contact) as well as
                                                                                                      Automated Commercial System (ACS).
                                              Security.                                                                                                     related reference files (e.g., country
                                                                                                      ACE is an automated and electronic
                                              ACTION: General notice.                                                                                       code, port code, manufacturer ID, and
                                                                                                      system for processing commercial trade
                                                                                                                                                            gold currency exchange rate and
                                                                                                      data which is intended to streamline
                                              SUMMARY:    This document announces                                                                           conversion calculator).
                                                                                                      business processes, facilitate growth in                 This notice announces that CBP will
                                              U.S. Customs and Border Protection’s
                                                                                                      trade, ensure cargo security, and foster              modify the ESAR test in order to allow
                                              (CBP’s) plan to modify the National
                                                                                                      participation in global commerce, while               brokers and importers, who are also
                                              Customs Automation Program (NCAP)
                                                                                                      ensuring compliance with U.S. laws and                ACE participants, to file electronically,
                                              test concerning the Entry Summary,
                                                                                                      regulations and reducing costs for U.S.               for air, ocean, rail, and truck modes of
                                              Accounts and Revenue (ESAR) test
                                                                                                      Customs and Border Protection (CBP)                   transportation, as well as for mail,
                                              program in the Automated Commercial
                                                                                                      and all of its communities of interest.               pedestrian, and passenger (hand-
                                              Environment (ACE) to allow importers
                                                                                                      The ability to meet these objectives                  carried) modes of transportation, the
                                              and brokers to file electronically entry
                                                                                                      depends on successfully modernizing                   ACE entry summary for entry type 51
                                              summary data for entry types 51 and 52,
                                                                                                      CBP’s business functions and the                      (i.e., merchandise imported by the
                                              in addition to entry types 01, 03, and 11
                                                                                                      information technology that supports                  Defense Contract Management
                                              that are already available for electronic
                                                                                                      those functions.                                      Command (DCMAO NY) Military Only),
                                              filing, for merchandise arriving by truck,
                                                                                                         CBP’s modernization efforts are                    and for entry type 52 (i.e.,
                                              rail, vessel, and air, as well as arriving
                                                                                                      accomplished through phased releases                  Government—Dutiable (other than
                                              by mail, pedestrian, and passenger
                                                                                                      of ACE component functionality                        DCMAO NY)), in addition to entry types
                                              (hand-carried).
                                                                                                      designed to replace specific legacy ACS               01, 03, and 11.
                                              DATES: The ACE ESAR test
                                                                                                      functions. Each release will begin with
                                              modifications set forth in this document                a test and, if the test is successful, will           IV. Eligibility Requirements
                                              will begin on or about November 20,                     end with the mandatory use of the new
                                              2015. This test will continue until                                                                              Importer and broker volunteers who
                                                                                                      ACE feature, thus retiring the legacy                 wish to participate in this test must
                                              concluded by way of a document                          ACS function. Each release builds on
                                              published in the Federal Register.                                                                            have an ACE Portal Account (see notices
                                                                                                      previous releases and sets forth the                  referenced below relating to the
                                              Public comments are invited and will be                 foundation for subsequent releases.
                                              accepted for the duration of the test.                                                                        establishment of ACE Portal Accounts).
                                                                                                         For the convenience of the public, a               ABI volunteers wishing to participate in
                                              ADDRESSES: Comments concerning this                     chronological listing of Federal Register             this test must:
                                              notice and any aspect of this test may                  publications detailing ACE test                          (1) Use statement or single pay for
                                              be submitted at any time during the test                developments is set forth below in                    payment processing; and
                                              via email to Josephine Baiamonte,                       Section XIV, entitled, ‘‘Development of                  (2) Use a software package that has
                                              Director, Business Transformation, ACE                  ACE Prototypes.’’ The procedures and                  completed ABI certification testing for
                                              Business Office, Office of International                criteria related to participation in the              ACE.
                                              Trade at josephine.baiamonte@                           prior ACE test pilots remain in effect                   Test participants must meet all the
                                              cbp.dhs.gov. In the subject line of your                unless otherwise explicitly changed by                eligibility criteria described in this
tkelley on DSK3SPTVN1PROD with NOTICES




                                              email message, please use, ‘‘Comment                    this or subsequent notices published in               document in order to participate in the
                                              on Expansion of Automated Entry                         the Federal Register.                                 test program.
                                              Summary for Entry Types 51 and 52.’’
                                              FOR FURTHER INFORMATION CONTACT: For
                                                                                                      II. Authorization for the Test                        V. Test Participation Selection Criteria
                                              technical questions related to the                        The Customs Modernization Act                         The ACE ESAR test is open to all
                                              Automated Commercial Environment                        provides the Commissioner of CBP with                 importers and customs brokers filing
                                              (ACE) or Automated Broker Interface                     authority to conduct limited test                     ACE Entry Summaries for cargo


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                                              63816                     Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              transported by the air, ocean, rail, and                that are inconsistent with the                        discontinuance of test participation
                                              truck modes of transportation as well as                requirements set forth in this notice are             privileges, the test participant will be
                                              by the mail, pedestrian, and passenger                  waived for the duration of the test. See              provided a written notice proposing the
                                              (hand-carried) modes of transportation.                 19 CFR 101.9(b). This document does                   discontinuance with a description of the
                                              Any party seeking to participate in this                not waive any recordkeeping                           facts or conduct warranting the action.
                                              test must provide CBP, as part of its                   requirements found in part 163 of title               The test participant will be offered the
                                              request to participate, its filer code and              19 of the Code of Federal Regulations                 opportunity to appeal the Director’s
                                              the port(s) at which it is interested in                (19 CFR part 163) and the Appendix to                 decision in writing within 10 calendar
                                              filing ACE entry summary data. ACE                      part 163 (commonly known as the                       days of receipt of the written notice. The
                                              entry summary data may be submitted                     ‘‘(a)(1)(A) list’’).                                  appeal must be submitted to Acting
                                              at all ports of entry for entry types 51                                                                      Executive Director, ABO, Office of
                                                                                                      X. Previous Notices                                   International Trade, by emailing
                                              and 52 as of November 20, 2015, and for
                                              authorized entry types, i.e., entry types                 All requirements, terms and                         Deborah.Augustin@cbp.dhs.gov.
                                              01, 03, 11, which are already available                 conditions, and aspects of the ACE test                  The Acting Executive Director will
                                              for electronic filing.                                  discussed in previous notices are hereby              issue a decision in writing on the
                                                 Applicants will be notified by a CBP                 incorporated by reference into this                   proposed action within 30 working days
                                              client representative if they have been                 notice and continue to be applicable,                 after receiving a timely filed appeal
                                              selected to participate in this test.                   unless changed by this notice.                        from the test participant. If no timely
                                                                                                                                                            appeal is received, the proposed notice
                                              VI. Filing Capabilities and                             XI. Paperwork Reduction Act                           becomes the final decision of the
                                              Requirements                                              The collection of information                       Agency as of the date that the appeal
                                                 The filing capabilities and                          contained in this ACE Entry Summary,                  period expires. A proposed
                                              functionalities for the ACE ESAR tests                  Accounts and Revenue test has been                    discontinuance of a test participant’s
                                              that were set forth in previous Federal                 approved by the Office of Management                  privileges will not take effect unless the
                                              Register notices (i.e., 78 FR 69434                     and Budget (OMB) in accordance with                   appeal process under this paragraph has
                                              (November 19, 2013), 76 FR 37136 (June                  the requirements of the Paperwork                     been concluded with a written decision
                                              24, 2011), 74 FR 69129 (December 30,                    Reduction Act (44 U.S.C. 3507) and                    adverse to the test participant.
                                              2009), 74 FR 9826 (March 6, 2009), 73                   assigned OMB control number 1651–                        In the case of willfulness or those in
                                              FR 50337 (August 26, 2008), and 72 FR                   0022. An agency may not conduct or                    which public health, interest, or safety
                                              59105 (October 18, 2008)) continue to                   sponsor, and a person is not required to              so requires, the Director, Business
                                              apply and are now expanded to include                   respond to, a collection of information               Transformation, ABO, Office of
                                              ACE-participating importers and                         unless it displays a valid control                    International Trade, may immediately
                                              customs brokers filing entry summaries                  number assigned by OMB.                               discontinue the test participant’s
                                              for type 51 and 52 entries, for cargo                                                                         privileges upon written notice to the test
                                                                                                      XII. Confidentiality                                  participant. The notice will contain a
                                              conveyances arriving by any mode of
                                              transportation, including by the air,                     All data submitted and entered into                 description of the facts or conduct
                                              ocean, rail, and truck modes of                         ACE is subject to the Trade Secrets Act               warranting the immediate action. The
                                              transportation. In lieu of filing the entry             (18 U.S.C. 1905) and is considered                    test participant will be offered the
                                              in ACE Cargo Release test participants                  confidential, except to the extent as                 opportunity to appeal the Director’s
                                              may file an ACE Entry Summary                           otherwise provided by law. As stated in               decision within 10 calendar days of
                                              certified for release.                                  previous notices, participation in this or            receipt of the written notice providing
                                                                                                      any of the previous ACE tests is not                  for immediate discontinuance. The
                                              VII. Test Duration                                      confidential and upon a written                       appeal must be submitted to Acting
                                                This ACE Entry Summary, Accounts                      Freedom of Information Act (FOIA)                     Executive Director, ABO, Office of
                                              and Revenue test, as modified, will                     request, a name(s) of an approved                     International Trade, by emailing
                                              begin on or about November 20, 2015.                    participant(s) will be disclosed by CBP               Deborah.Augustin@cbp.dhs.gov. The
                                              This test will conclude by way of a                     in accordance with 5 U.S.C. 552.                      immediate discontinuance will remain
                                              document published in the Federal                                                                             in effect during the appeal period. The
                                                                                                      XIII. Misconduct Under the Test
                                              Register.                                                                                                     Executive Director will issue a decision
                                                                                                         A test participant may be subject to               in writing on the discontinuance within
                                              VIII. Comments                                          civil and criminal penalties,                         15 working days after receiving a timely
                                                All interested parties are invited to                 administrative sanctions, liquidated                  filed appeal from the test participant. If
                                              comment on any aspect of this test at                   damages, or discontinuance from                       no timely appeal is received, the notice
                                              any time. CBP requests comments and                     participation in this test for any of the             becomes the final decision of the
                                              feedback on all aspects of this test,                   following:                                            Agency as of the date that the appeal
                                              including the design, conduct and                          (1) Failure to follow the terms and                period expires.
                                              implementation of the test, in order to                 conditions of this test;
                                              determine whether to modify, alter,                        (2) Failure to exercise reasonable care            XIV. Development of ACE Prototypes
                                              expand, limit, continue, end, or fully                  in the execution of participant                         A chronological listing of Federal
                                              implement this program.                                 obligations;                                          Register publications detailing ACE test
                                                                                                         (3) Failure to abide by applicable laws            developments is set forth below.
                                              IX. Waiver of Regulations Under This                    and regulations that have not been                      • ACE Portal Accounts and
                                              Test
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                                                                                                      waived; or                                            Subsequent Revision Notices: 67 FR
                                                For purposes of this test, any                           (4) Failure to deposit duties or fees in           21800 (May 1, 2002); 69 FR 5360 and 69
                                              provision in title 19 of the Code of                    a timely manner.                                      FR 5362 (February 4, 2004); 69 FR
                                              Federal Regulations including, but not                     If the Director, Business                          54302 (September 8, 2004); 70 FR 5199
                                              limited to, the provisions found in parts               Transformation, ACE Business Office                   (February 1, 2005).
                                              141, 142, 143, and 149 thereof relating                 (ABO), Office of International Trade,                   • ACE System of Records Notice: 71
                                              to entry summary filing and processing                  finds that there is a basis for                       FR 3109 (January 19, 2006).


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                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                                63817

                                                 • Terms/Conditions for Access to the                 ESAR IV Test: Modifications and                         • Modification of NCAP Test
                                              ACE Portal and Subsequent Revisions:                    Clarifications: 78 FR 69434 (November                 Concerning ACE Cargo Release for Type
                                              72 FR 27632 (May 16, 2007); 73 FR                       19, 2013).                                            03 Entries and Advanced Capabilities
                                              38464 (July 7, 2008).                                      • National Customs Automation                      for Truck Carriers: 80 FR 16414 (March
                                                 • ACE Non-Portal Accounts and                        Program (NCAP) Test Concerning the                    27, 2015).
                                              Related Notice: 70 FR 61466 (October                    Submission of Certain Data Required by                  • Automated Commercial
                                              24, 2005); 71 FR 15756 (March 29,                       the Environmental Protection Agency                   Environment (ACE) Export Manifest for
                                              2006).                                                  and the Food Safety and Inspection                    Air Cargo Test; 80 FR 39790 (July 10,
                                                 • ACE Entry Summary, Accounts and                    Service Using the Partner Government                  2015).
                                              Revenue (ESAR I) Capabilities: 72 FR                    Agency Message Set Through the                          • National Customs Automation
                                              59105 (October 18, 2007).                               Automated Commercial Environment                      Program (NCAP) Concerning Remote
                                                 • ACE Entry Summary, Accounts and                    (ACE): 78 FR 75931 (December 13,                      Location Filing Entry Procedures in the
                                              Revenue (ESAR II) Capabilities: 73 FR                   2013).                                                Automated Commercial Environment
                                              50337 (August 26, 2008); 74 FR 9826                        • Modification of National Customs                 (ACE) and the Use of the Document
                                              (March 6, 2009).                                        Automation Program (NCAP) Test                        Image System for the Submission of
                                                 • ACE Entry Summary, Accounts and                    Concerning Automated Commercial                       Invoices and the Use of eBonds for the
                                              Revenue (ESAR III) Capabilities: 74 FR                  Environment (ACE) Cargo Release for                   Transmission of Single Transaction
                                              69129 (December 30, 2009).                              Ocean and Rail Carriers: 79 FR 6210                   Bonds: 80 FR 40079 (July 13, 2015).
                                                 • ACE Entry Summary, Accounts and                    (February 3, 2014).                                     • Modification of National Customs
                                              Revenue (ESAR IV) Capabilities: 76 FR                      • Modification of National Customs                 Automation Program (NCAP) Test
                                              37136 (June 24, 2011).                                  Automation Program (NCAP) Test                        Concerning the Automated Commercial
                                                 • Post-Entry Amendment (PEA)                         Concerning Automated Commercial                       Environment (ACE) Partner Government
                                              Processing Test: 76 FR 37136 (June 24,                  Environment (ACE) Cargo Release to                    Agency (PGA) Message Set Regarding
                                              2011).                                                  Allow Importers and Brokers to Certify                Types of Transportation Modes and
                                                 • ACE Announcement of a New Start                    From ACE Entry Summary: 79 FR 24744                   Certain Data Required by the National
                                              Date for the National Customs                           (May 1, 2014).                                        Highway Traffic Safety Administration
                                              Automation Program Test of Automated                       • Modification of National Customs                 (NHTSA): 80 FR 47938 (August 10,
                                              Manifest Capabilities for Ocean and Rail                Automation Program (NCAP) Test                        2015).
                                              Carriers: 76 FR 42721 (July 19, 2011).                  Concerning Automated Commercial                         • Modification of National Customs
                                                 • ACE Simplified Entry: 76 FR 69755                  Environment (ACE) Cargo Release for                   Automation Program (NCAP) Test
                                              (November 9, 2011).                                     Truck Carriers: 79 FR 25142 (May 2,                   Concerning the Submission of Certain
                                                 • National Customs Automation                        2014).                                                Data Required by the Food and Drug
                                              Program (NCAP) Tests Concerning                            • Modification of National Customs                 Administration (FDA) Using the Partner
                                              Automated Commercial Environment                        Automation Program (NCAP) Test                        Government Agency (PGA) Message Set
                                              (ACE) Document Image System (DIS): 77                   Concerning Automated Commercial                       Through the Automated Commercial
                                              FR 20835 (April 6, 2012).                               Environment (ACE) Document Image                      Environment (ACE): 80 FR 52051
                                                 • National Customs Automation                        System: 79 FR 36083 (June 25, 2014).                  (August 27, 2015).
                                              Program (NCAP) Tests Concerning                            • Announcement of eBond Test: 79                     • Automated Commercial
                                              Automated Commercial Environment                        FR 70881 (November 28, 2014).                         Environment (ACE) Export Manifest for
                                              (ACE) Simplified Entry: Modification of                    • eBond Test Modifications and                     Rail Cargo Test: 80 FR 54305
                                              Participant Selection Criteria and                      Clarifications: Continuous Bond                       (September 7, 2015).
                                              Application Process: 77 FR 48527                        Executed Prior to or Outside the eBond
                                              (August 14, 2012).                                      Test May Be Converted to an eBond by                    Dated: October 15, 2015.
                                                 • Modification of NCAP Test                          the Surety and Principal, Termination of              Cynthia F. Whittenburg,
                                              Regarding Reconciliation for Filing                     an eBond by Filing Identification                     Acting Assistant Commissioner, Office of
                                              Certain Post-Importation Preferential                   Number, and Email Address Correction:                 International Trade.
                                              Tariff Treatment Claims under Certain                   80 FR 899 (January 7, 2015).                          [FR Doc. 2015–26608 Filed 10–20–15; 8:45 am]
                                              FTAs: 78 FR 27984 (May 13, 2013).                          • Modification of National Customs                 BILLING CODE 9111–14–P
                                                 • Modification of Two National                       Automation Program (NCAP) Test
                                              Customs Automation Program (NCAP)                       Concerning Automated Commercial
                                              Tests Concerning Automated                              Environment (ACE) Document Image                      DEPARTMENT OF HOMELAND
                                              Commercial Environment (ACE)                            System Relating to Animal and Plant                   SECURITY
                                              Document Image System (DIS) and                         Health Inspection Service (APHIS)
                                              Simplified Entry (SE): 78 FR 44142 (July                Document Submissions: 80 FR 5126                      U.S. Customs and Border Protection
                                              23, 2013).                                              (January 30, 2015).                                   Announcement of the Modification of
                                                 • Modification of Two National                          • Modification of National Customs
                                                                                                                                                            the National Customs Automation
                                              Customs Automation Program (NCAP)                       Automation Program (NCAP) Test
                                                                                                                                                            Program Test Concerning the
                                              Tests Concerning Automated                              Concerning the use of Partner
                                                                                                                                                            Automated Commercial Environment
                                              Commercial Environment (ACE)                            Government Agency Message Set
                                                                                                                                                            Portal Account To Establish the
                                              Document Image System (DIS) and                         through the Automated Commercial
                                                                                                                                                            Exporter Portal Account
                                              Simplified Entry (SE); Correction: 78 FR                Environment (ACE) for the Submission
                                              53466 (August 29, 2013).                                of Certain Data Required by the                       AGENCY:  U.S. Customs and Border
                                                 • Modification of NCAP Test
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                                                                                                      Environmental Protection Agency                       Protection, Department of Homeland
                                              Concerning Automated Commercial                         (EPA): 80 FR 6098 (February 4, 2015).                 Security.
                                              Environment (ACE) Cargo Release                            • Announcement of Modification of                  ACTION: General notice.
                                              (formerly known as Simplified Entry):                   ACE Cargo Release Test to Permit the
                                              78 FR 66039 (November 4, 2013).                         Combined Filing of Cargo Release and                  SUMMARY:  This document announces
                                                 • Post-Summary Corrections to Entry                  Importer Security Filing (ISF) Data: 80               U.S. Custom and Border Protection’s
                                              Summaries Filed in ACE Pursuant to the                  FR 7487 (February 10, 2015).                          (CBP’s) plan to modify the National


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Document Created: 2018-02-27 08:54:20
Document Modified: 2018-02-27 08:54:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGeneral notice.
DatesThe ACE ESAR test modifications set forth in this document will begin on or about November 20, 2015. This test will continue until concluded by way of a document published in the Federal Register. Public comments are invited and will be accepted for the duration of the test.
ContactFor technical questions related to the Automated Commercial Environment (ACE) or Automated Broker Interface (ABI) transmissions, contact your assigned client representative. Interested parties without an assigned client representative should direct their questions to Steven Zaccaro at [email protected] with the subject line heading ``Expansion of Automated Entry Summary for Entry Types 51 and 52-Request to Participate.''
FR Citation80 FR 63815 

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