80_FR_65340 80 FR 65134 - Automated Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary (Cargo Release and Related Entry); Correction

80 FR 65134 - Automated Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary (Cargo Release and Related Entry); Correction

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

Federal Register Volume 80, Issue 206 (October 26, 2015)

Page Range65134-65135
FR Document2015-27103

U.S. Customs and Border Protection (CBP) published an Interim Final Rule (CBP Dec. 15-14) on October 13, 2015, in the Federal Register, which amends the CBP regulations to reflect that on November 1, 2015, the Automated Commercial Environment (ACE) will be a CBP-authorized Electronic Data Interchange (EDI) System. That document erroneously included language in Amendatory Instruction 38 that was not consistent with the text of the existing CFR. This document corrects the text in Amendatory Instruction 38.

Federal Register, Volume 80 Issue 206 (Monday, October 26, 2015) 
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65134-65135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27103]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 4, 7, 10, 12, 18, 19, 24, 54, 102, 113, 123, 125, 128, 
132, 134, 141, 142, 143, 144, 145, 146, 148, 151, 152, 158, 163, 
174, 181, and 191

[CBP Dec. No. 15-14; USCBP-2015-0045]
RIN 1515-AE03


Automated Commercial Environment (ACE) Filings for Electronic 
Entry/Entry Summary (Cargo Release and Related Entry); Correction

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

ACTION: Interim final rule; correction.

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SUMMARY: U.S. Customs and Border Protection (CBP) published an Interim 
Final Rule (CBP Dec. 15-14) on October 13, 2015, in the Federal 
Register, which amends the CBP regulations to reflect

[[Page 65135]]

that on November 1, 2015, the Automated Commercial Environment (ACE) 
will be a CBP-authorized Electronic Data Interchange (EDI) System. That 
document erroneously included language in Amendatory Instruction 38 
that was not consistent with the text of the existing CFR. This 
document corrects the text in Amendatory Instruction 38.

DATES: Effective November 1, 2015. The effective date for the interim 
final rule, published October 13, 2015 (80 FR 61278), remains November 
1, 2015. Written comments must be submitted on or before November 12, 
2015.

FOR FURTHER INFORMATION CONTACT: Robert Altneu, Chief, Trade and 
Commercial Regulations Branch, Regulations and Rulings, Office of 
International Trade, at [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2015, U.S. Customs and Border 
Protection (CBP) published in the Federal Register (80 FR 61278) an 
Interim Final Rule (CBP Dec. 15-14) document, entitled Automated 
Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary 
(Cargo Release and Related Entry). As published, the Interim Final 
regulation contains an error in the text of Amendatory Instruction 38 
in the ``Amendments to the CBP Regulations'' section of FR Doc. 2015-
25729.

Correction

    On page 61289, in the second column, under ``Sec.  141.57 
[Amended]'' revise Amendatory Instruction 38 to read as follows:

0
38. Amend Sec.  141.57, in paragraph (d)(2) by removing the words 
``through the Customs ACS (Automated Commercial System)'' and adding in 
their place the words ``to the CBP Automated Commercial Environment 
(ACE) or any other CBP-authorized electronic data interchange system''.

    Dated: October 20, 2015.
Harold M. Singer,
Director, Regulations and Disclosure Law Division, Regulations and 
Rulings, Office of International Trade, U.S. Customs and Border 
Protection.
Heidi Cohen,
Senior Counsel for Regulatory Affairs, Department of the Treasury.
[FR Doc. 2015-27103 Filed 10-23-15; 8:45 am]
 BILLING CODE 9111-14-P

65134 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued AWL No. Task Interval Applicability Description NOTE: This inspection may be used whenever the SPAR VALVE light does not function prop- erly. 1. Make sure the ENG 1 START LEVER on the CONTROL STAND is in the CUTOFF position. NOTE: It is not necessary to cycle the START LEVER to do this inspection. 2. Inspect the left engine fuel spar valve actuator located in the left front spar. NOTE: The left engine fuel spar valve actuator is on the left wing front spar outboard of the en- gine strut. Access is through access panel 521BB on the left wing leading edge. a. Verify the manual override handle on the en- gine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any engine fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). 3. Make sure the ENG 2 START LEVER on the CONTROL STAND is in the CUTOFF position. NOTE: It is not necessary to cycle the START LEVER to do this inspection. 4. Inspect the right engine fuel spar valve actu- ator located in the right front spar. NOTE: The right engine fuel spar valve actuator is on the right wing front spar outboard of the engine strut. Access is through access panel 621BB on the right wing leading edge. a. Verify the manual override handle on the en- gine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any engine fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). (h) No Alternative Actions or Intervals (j) Related Information DEPARTMENT OF HOMELAND After accomplishment of the maintenance For more information about this AD, SECURITY or inspection program revision required by contact Rebel Nichols, Aerospace Engineer, paragraph (g) of this AD, no alternative Propulsion Branch, ANM–140S, FAA, Seattle U.S. Customs and Border Protection actions (e.g., inspections) or intervals may be Aircraft Certification Office, 1601 Lind used unless the actions or intervals are Avenue SW., Renton, WA 98057–3356; DEPARTMENT OF THE TREASURY approved as an alternative method of phone: 425–917–6509; fax: 425–917–6590; compliance (AMOC) in accordance with the email: rebel.nichols@faa.gov. 19 CFR Parts 4, 7, 10, 12, 18, 19, 24, procedures specified in paragraph (i)(1) of 54, 102, 113, 123, 125, 128, 132, 134, this AD. (k) Material Incorporated by Reference 141, 142, 143, 144, 145, 146, 148, 151, (i) Alternative Methods of Compliance None. 152, 158, 163, 174, 181, and 191 (AMOCs) Issued in Renton, Washington, on October [CBP Dec. No. 15–14; USCBP–2015–0045] (1) The Manager, Seattle Aircraft 16, 2015. Certification Office (ACO), FAA, has the Jeffrey E. Duven, RIN 1515–AE03 authority to approve AMOCs for this AD, if Manager, Transport Airplane Directorate, requested using the procedures found in 14 Automated Commercial Environment Aircraft Certification Service. CFR 39.19. In accordance with 14 CFR 39.19, (ACE) Filings for Electronic Entry/Entry [FR Doc. 2015–26992 Filed 10–23–15; 8:45 am] send your request to your principal inspector Summary (Cargo Release and Related or local Flight Standards District Office, as BILLING CODE 4910–13–P Entry); Correction appropriate. If sending information directly to the manager of the ACO, send it to the AGENCY: U.S. Customs and Border attention of the person identified in Protection, Department of Homeland asabaliauskas on DSK5VPTVN1PROD with RULES paragraph (j) of this AD. Information may be Security; Department of the Treasury. emailed to: 9-ANM-Seattle-ACO-AMOC- ACTION: Interim final rule; correction. Requests@faa.gov. (2) Before using any approved AMOC, SUMMARY: U.S. Customs and Border notify your appropriate principal inspector, Protection (CBP) published an Interim or lacking a principal inspector, the manager Final Rule (CBP Dec. 15–14) on October of the local flight standards district office/ 13, 2015, in the Federal Register, which certificate holding district office. amends the CBP regulations to reflect VerDate Sep<11>2014 17:27 Oct 23, 2015 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1

Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65135 that on November 1, 2015, the DEPARTMENT OF LABOR return to the employee benefit plan Automated Commercial Environment investor. The Labor Department (ACE) will be a CBP-authorized Employee Benefits Security previously addressed issues relating to Electronic Data Interchange (EDI) Administration ETIs in Interpretive Bulletin 94–1 (IB System. That document erroneously 94–1) 1 and Interpretive Bulletin included language in Amendatory 29 CFR Part 2509 2008–1 (IB 2008–1).2 The Department’s Instruction 38 that was not consistent RIN 1210–AB73 stated objective in issuing IB 94–1 was with the text of the existing CFR. This to correct a popular misperception at document corrects the text in Interpretive Bulletin Relating to the the time that investments in ETIs are Amendatory Instruction 38. Fiduciary Standard Under ERISA in incompatible with ERISA’s fiduciary Considering Economically Targeted obligations. The preamble to the DATES: Effective November 1, 2015. The Investments Interpretive Bulletin explained that the effective date for the interim final rule, requirements of sections 403 and 404 of published October 13, 2015 (80 FR AGENCY: Employee Benefits Security ERISA do not prevent plan fiduciaries 61278), remains November 1, 2015. Administration, Labor. from investing plan assets in ETIs if the Written comments must be submitted ACTION: Interpretive bulletin. ETI has an expected rate of return that on or before November 12, 2015. is commensurate to rates of return of SUMMARY: This document sets forth FOR FURTHER INFORMATION CONTACT: alternative investments with similar risk supplemental views of the Department characteristics that are available to the Robert Altneu, Chief, Trade and of Labor (Department) concerning the plan, and if the ETI is otherwise an Commercial Regulations Branch, legal standard imposed by sections 403 appropriate investment for the plan in Regulations and Rulings, Office of and 404 of Part 4 of Title I of the terms of such factors as diversification International Trade, at robert.f.altneu@ Employee Retirement Income Security and the investment policy of the plan. cbp.dhs.gov. Act of 1974 (ERISA) with respect to a Some commenters have referred to this plan fiduciary’s decision to invest plan SUPPLEMENTARY INFORMATION: On standard as the ‘‘all things being equal’’ assets in ‘‘economically targeted October 13, 2015, U.S. Customs and test. investments’’ (ETIs). ETIs are generally Border Protection (CBP) published in defined as investments that are selected The Department has also consistently the Federal Register (80 FR 61278) an for the economic benefits they create in stated, including in Interpretative Interim Final Rule (CBP Dec. 15–14) addition to the investment return to the Bulletin 94–1, that the focus of plan document, entitled Automated employee benefit plan investor. In this fiduciaries on the plan’s financial Commercial Environment (ACE) Filings document, the Department withdraws returns and risk to beneficiaries must be for Electronic Entry/Entry Summary Interpretive Bulletin 08–01 and replaces paramount. Under ERISA, the plan (Cargo Release and Related Entry). As it with Interpretive Bulletin 2015–01 trustee or other investing fiduciary may published, the Interim Final regulation that reinstates the language of not use plan assets to promote social, contains an error in the text of Interpretive Bulletin 94–01. environmental, or other public policy Amendatory Instruction 38 in the DATES: This interpretive bulletin is causes at the expense of the financial ‘‘Amendments to the CBP Regulations’’ effective on October 26, 2015. interests of the plan’s participants and section of FR Doc. 2015–25729. beneficiaries. Fiduciaries may not FOR FURTHER INFORMATION CONTACT: accept lower expected returns or take on Office of Regulations and Correction Interpretations, Employee Benefits 1 59 FR 32606 (June 23, 1994). Prior to issuing IB On page 61289, in the second column, Security Administration, (202) 693– 94–1, the Department had issued a number of letters under ‘‘§ 141.57 [Amended]’’ revise 8500. This is not a toll-free number. concerning a fiduciary’s ability to consider the Amendatory Instruction 38 to read as SUPPLEMENTARY INFORMATION: collateral effects of an investment and granted a variety of prohibited transaction exemptions to both follows: Background individual plans and pooled investment vehicles involving investments, which produce collateral ■ 38. Amend § 141.57, in paragraph The Department has been asked benefits. See, Advisory Opinions 80–33A, 85–36A (d)(2) by removing the words ‘‘through periodically over the last 30 years to and 88–16A; Information Letters to Mr. George Cox, the Customs ACS (Automated consider the application of ERISA’s dated January 16, 1981; to Mr. Theodore Groom, dated January 16, 1981; to The Trustees of the Twin Commercial System)’’ and adding in fiduciary rules to pension plan City Carpenters and Joiners Pension Plan, dated their place the words ‘‘to the CBP investments selected because of the May 19, 1981; to Mr. William Chadwick, dated July Automated Commercial Environment collateral economic or social benefits 21, 1982; to Mr. Daniel O’Sullivan, dated August 2, (ACE) or any other CBP-authorized they may further in addition to their 1982; to Mr. Ralph Katz, dated March 15, 1982; to Mr. William Ecklund, dated December 18, 1985, electronic data interchange system’’. investment returns. Various terms have and January 16, 1986; to Mr. Reed Larson, dated Dated: October 20, 2015. been used to describe this and related July 14, 1986; to Mr. James Ray, dated July 8, 1988; investment behaviors, such as socially to the Honorable Jack Kemp, dated November 23, Harold M. Singer, responsible investing, sustainable and 1990; and to Mr. Stuart Cohen, dated May 14, 1993; Director, Regulations and Disclosure Law PTE 76–1, part B, concerning construction loans by responsible investing, environmental, multiemployer plans; PTE 84–25, issued to the Division, Regulations and Rulings, Office of social and governance (ESG) investing, Pacific Coast Roofers Pension Plan; PTE 85–58, International Trade, U.S. Customs and Border impact investing, and economically issued to the Northwestern Ohio Building Trades asabaliauskas on DSK5VPTVN1PROD with RULES Protection. targeted investing (ETI). The terms do and Employer Construction Industry Investment Heidi Cohen, Plan; PTE 87–20, issued to the Racine Construction not have a uniform meaning and the Industry Pension Fund; PTE 87–70, issued to the Senior Counsel for Regulatory Affairs, terminology is evolving. As used in this Dayton Area Building and Construction Industry Department of the Treasury. interpretive bulletin, however, an Investment Plan, PTE 88–96, issued to the Real [FR Doc. 2015–27103 Filed 10–23–15; 8:45 am] economically targeted investment Estate for American Labor A Balcor Group Trust; PTE 89–37, issued to the Union Bank; PTE 93–16, BILLING CODE 9111–14–P broadly refers to any investment that is issued to the Toledo Roofers Local No. 134 Pension selected, in part, for its collateral Plan and Trust, et al. benefits, apart from the investment 2 73 FR 61734 (October 17, 2008). VerDate Sep<11>2014 17:27 Oct 23, 2015 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1


Document Created: 2018-02-27 08:56:10
Document Modified: 2018-02-27 08:56:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule; correction.
DatesEffective November 1, 2015. The effective date for the interim final rule, published October 13, 2015 (80 FR 61278), remains November 1, 2015. Written comments must be submitted on or before November 12, 2015.
ContactRobert Altneu, Chief, Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, at [email protected]
FR Citation80 FR 65134 
RIN Number1515-AE03
CFR Citation19 CFR 10
19 CFR 102
19 CFR 113
19 CFR 12
19 CFR 123
19 CFR 125
19 CFR 128
19 CFR 132
19 CFR 134
19 CFR 141
19 CFR 142
19 CFR 143
19 CFR 144
19 CFR 145
19 CFR 146
19 CFR 148
19 CFR 151
19 CFR 152
19 CFR 158
19 CFR 163
19 CFR 174
19 CFR 18
19 CFR 181
19 CFR 19
19 CFR 191
19 CFR 24
19 CFR 4
19 CFR 54
19 CFR 7
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