81_FR_24918 81 FR 24837 - Automated Commercial Environment (ACE); Announcement of National Customs Automation Program Test of the In-Transit Manifest Pilot Program

81 FR 24837 - Automated Commercial Environment (ACE); Announcement of National Customs Automation Program Test of the In-Transit Manifest Pilot Program

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

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24837-24839
FR Document2016-09858

This document announces that U.S. Customs and Border Protection (CBP) plans to conduct a National Customs Automation Program (NCAP) test relating to truck shipments of commercial goods that transit from a point of origination in Canada through the United States to a point of destination in Canada. Under the NCAP test, CBP will use a new filing code to identify shipments as being part of the In-Transit Manifest Pilot Program in CBP's Automated Commercial Environmental (ACE) Truck Manifest System. Test participants will submit electronically an in-transit manifest with a relaxed validation for the value data element and they will not have to provide the Harmonized Tariff Schedule (HTS) number. This notice provides a description of the NCAP test and specifies the duration and locations of the test. It also invites public comment on any aspect of the test.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24837-24839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09858]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Automated Commercial Environment (ACE); Announcement of National 
Customs Automation Program Test of the In-Transit Manifest Pilot 
Program

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

ACTION: General notice.

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

SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP) plans to conduct a National Customs Automation Program 
(NCAP) test relating to truck shipments of commercial goods that 
transit from a point of origination in Canada through the United States 
to a point of destination in Canada. Under the NCAP test, CBP will use 
a new filing code to identify shipments as being part of the In-Transit 
Manifest Pilot Program in CBP's Automated Commercial Environmental 
(ACE) Truck Manifest System. Test participants will submit 
electronically an in-transit manifest with a relaxed validation for the 
value data element and they will not have to provide the Harmonized 
Tariff Schedule (HTS) number. This notice provides a description of the 
NCAP test and specifies the duration and locations of the test. It also 
invites public comment on any aspect of the test.

DATES: The test will commence no earlier than May 27, 2016 and will run 
for approximately six months at the following ports: Port Huron, 
Michigan; Pembina, North Dakota; and Blaine, Washington. Comments 
concerning this notice and all aspects of the announced test may be 
submitted at any time during the test period.

ADDRESSES: Written comments concerning program, policy and technical 
issues should be submitted to Manuel Garza, Director, Manifest and 
Conveyance Security Division, U.S. Customs and Border Protection, via 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. CBP Regulations

    Under CBP regulations, a truck with merchandise that transits the 
United States during a trip that originates and terminates in Canada 
must present a paper manifest form, the United States-Canada Transit 
Manifest, known as Customs Form 7512-B Canada 8\1/2\, to CBP when it 
crosses the border at the U.S. ports of arrival and exit. The 
procedures for these in-transit shipments are addressed in 19 CFR 
123.42 (Truck shipments transiting the United States). Among other 
things, the regulation provides that trucks transiting the United 
States must be sealed at the U.S. port of arrival. The regulation also 
provides that merchandise transported in trucks shall be forwarded in 
accordance with the general provisions for transportation in-bond (19 
CFR 18.1-18.8).
    In addition to the requirement to present a paper manifest when a 
truck crosses the border, CBP also requires electronic filing of 
certain information regarding the cargo carried by a truck in advance 
of the truck's arrival at the border. Under 19 CFR 123.92(a), with a 
few exceptions, for any inbound truck required to report its arrival 
under 19 CFR 123.1(b) that will have commercial cargo aboard, CBP must 
electronically receive certain information regarding the cargo to a 
CBP-approved EDI system \1\ no later than either 30 minutes \2\ or one 
hour prior to the

[[Page 24838]]

carrier's reaching the first port of arrival in the United States. This 
includes cargo arriving by truck for transportation through the United 
States from one point to another in the same foreign country.
---------------------------------------------------------------------------

    \1\ In a notice published in the Federal Register on October 27, 
2006 (71 FR 62922), CBP designated the ACE Truck Manifest System as 
the approved EDI for the transmission of required data and announced 
that the requirement to transmit advance electronic cargo 
information through ACE would be phased in by groups of ports-of-
entry. Through a series of Federal Register notices published from 
the October 27, 2006 notice and concluding with a November 13, 2007 
notice (72 FR 63805), CBP mandated the use of ACE for the 
transmission of advance electronic truck cargo information at all 
land border ports-of-entry.
    \2\ As explained in the preamble of the final rule implementing 
section 123.92, published in the Federal Register on December 5, 
2003 (68 FR 68140), the 30 minute timeframe applies to truck 
carriers arriving with shipments qualified for clearance under the 
FAST (Free and Secure Trade) Program. The FAST program is a 
cooperative effort between CBP and the governments of Canada and 
Mexico which provides expedited border processing for known, low-
risk commercial drivers at the U.S.-Canada and U.S.-Mexico borders.
---------------------------------------------------------------------------

    Truck carriers have been providing up to 69 data elements 
(including 1 optional data element) as part of their e-Manifest in the 
ACE Truck Manifest System, as a result of prior NCAP tests performed in 
conjunction with the Federal Motor Carrier Safety Administration. See 
69 FR 55167 (September 13, 2004) and 70 FR 13514 (March 21, 2005) and 
related test notices identified therein. For the purposes of this test, 
the same data elements will be required, except as otherwise provided 
for in this notice. The ACE Truck Manifest System enables truck 
carriers with merchandise transiting the United States from point to 
point in Canada to file an e-Manifest and enter the merchandise as a 
Transportation & Exportation (T&E) in-bond entry.

B. Beyond the Border Initiative

    On February 4, 2011, President Obama and Prime Minister Harper 
announced the United States-Canada joint declaration, Beyond the 
Border: A Shared Vision for Perimeter Security and Economic 
Competitiveness (``Beyond the Border''). Beyond the Border articulates 
a shared approach to security in which both countries work together to 
address threats within, at, and away from the U.S.-Canada border, while 
expediting lawful trade and travel.
    On December 7, 2011, President Obama and Prime Minister Harper 
released the Beyond the Border Action Plan, which sets out joint 
priorities and specific initiatives for achieving this vision. The 
Beyond the Border Action Plan proposed a number of pilot projects to 
test new approaches to facilitating the secure movement of goods, 
including a U.S. pilot that would involve ``the testing of a new in-
bond module for processing in-transit/in-bond (Canada-United States-
Canada) cargo traveling by truck.'' See Beyond the Border Action Plan 
(December 7, 2011). CBP is conducting this NCAP test to assess a new 
automated process for in-transit shipments in the ACE Truck Manifest 
System.

II. Authorization for the NCAP Test

    The National Customs Automation Program (NCAP) was established in 
Subtitle B of Title VI--Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 
2057, 2170, December 8, 1993) (Customs Modernization Act). See 19 
U.S.C. 1411. The Customs Modernization Act provides the Commissioner of 
CBP with authority to conduct limited test programs or procedures 
designed to evaluate planned components of the NCAP. The NCAP test of 
In-Transit Manifest Pilot Program (referred to hereafter as ``the NCAP 
test'' or ``the test'') is authorized pursuant to 19 CFR 101.9(b) which 
provides for the testing of NCAP programs or procedures. See T.D. 95-
21.

III. In-Transit Manifest Pilot Program

    This notice announces CBP's In-Transit Manifest Pilot Program to 
test a new electronic in-transit manifest in the ACE Truck Manifest 
System. The details are provided below.

A. Description of Test

    The NCAP test applies to the transportation of commercial cargo 
from a point of origination in Canada through the United States to a 
point of destination in Canada (CAN-US-CAN in-transit shipments). These 
shipments are essentially domestic Canadian shipments that transit 
through the United States. Under the test, participating truck carriers 
transporting cargo in CAN-US-CAN in-transit shipments will be required 
to submit an e-Manifest in the ACE Truck Manifest System no later than 
30 minutes \3\ prior to arrival in the United States under a new filing 
type code for these in-transit shipments. Participating carriers must 
submit an e-Manifest to CBP using the ANSI X12 format or the ACE Secure 
Data Portal. Participating carriers will not be required to submit the 
paper manifest form, Customs Form 7512-B Canada 8\1/2\, that is 
required under 19 CFR 123.42. Participating carriers are still required 
to submit the paper manifest form required under Canadian law to 
Canadian ports of entry.
---------------------------------------------------------------------------

    \3\ Thirty minutes is the time-frame specified in 19 CFR 
123.92(a) that applies to truck carriers using FAST commercial 
drivers. This is the applicable time-frame for participating truck 
carriers because as a condition of participation in this test, each 
carrier must use commercial drivers cleared under the FAST program. 
See part III.B of this notice.
---------------------------------------------------------------------------

    Currently, CAN-US-CAN in-transit shipments are filed under shipment 
release type 62 as Transportation & Exportation (T&E) in-bond entries, 
which includes a complete ANSI X12 manifest (referred to as a 309 
manifest) with the following information: Trip, shipment (including the 
value of the merchandise and the Harmonized Tariff Schedule (HTS) 
number), conveyance, equipment, crew and passenger data. Under the 
test, a new shipment release type 70 for CAN-US-CAN in-transit 
shipments will be used by participating carriers. Under shipment 
release type 70, participating carriers will be required to submit the 
same set of data elements as a 309 manifest but with a relaxed 
validation for the value data element. They will not be required to 
provide the HTS number.
    For the value data element, CBP will accept a value amount of $2 
per pound when the actual value is not available. With regard to the 
HTS number, an e-Manifest filed under shipment release type 62 requires 
an HTS number to the 6-digit level under which the cargo will be 
classified and a description of the cargo. For an e-Manifest filed by 
test participants under shipment release type 70, only a precise 
description of the cargo will be required.
    Trade associations for Canadian trucking companies have identified 
these two data elements--value and the HTS number--as being the most 
problematic for CAN-US-CAN in-transit shipments. Canadian truck 
carriers rarely know the value and/or the exact HTS classification 
number for such in-transit cargo and in practice often file incorrect 
data when filing an e-Manifest under shipment release type 62. By 
relaxing the validation for the value data and removing the HTS number 
requirement, CBP intends to reduce the reporting burden on the industry 
and improve trade efficiencies between Canada and the United States.
    The in-transit manifest will be processed and retained in ACE in 
the same manner as a type 62 manifest. Upon arrival in the United 
States, CBP will generate a ``transit movement authorized'' message 
(referred to as a 350 message) that will be sent to the carrier. The 
shipment will then be able to transit the United States and proceed to 
the United States port of export as an in-transit entry. When the 
shipment arrives at the United States port of export, the carrier will 
report the arrival of the shipment to CBP via an EDI message or through 
the carrier's ACE portal account. CBP will issue another 350 message to 
the carrier notifying the carrier that the shipment has entered Canada 
and that the in-transit entry is closed.
    Requiring participating carriers to file an in-transit manifest 
electronically under new shipment release type 70, along with relaxing 
the validation for

[[Page 24839]]

the value data element and eliminating the HTS number requirement, will 
facilitate the in-transit manifest process for both the trade and CBP. 
Canadian carriers will be able to route certain domestic shipments 
through the United States with greater efficiency and CBP will benefit 
from an entirely electronic in-transit manifest.

B. Test Participants and Conditions of Participation

    Participation in the In-Transit Manifest Pilot Program is currently 
limited to nine Canadian truck carriers that have been selected by CBP 
in consultation with the Canadian Border Services Agency (CBSA). Each 
participating carrier is a bonded carrier and a certified member of the 
Customs-Trade Partnership Against Terrorism (C-TPAT), a voluntary 
supply chain security program led by CBP that is focused on improving 
the security of private companies' supply chains with respect to 
terrorism. As a condition of participation, each carrier must use 
commercial drivers cleared under the FAST program. FAST driver 
identification provides CBP with a full set of identifying information 
regarding the driver, including the driver's name, date of birth, 
gender, citizenship, and address. Another condition of participation in 
this NCAP test is that no passengers are permitted on the Canadian 
trucks transiting the United States, with the exception of additional 
drivers also cleared under the FAST program. As provided in Section VI, 
participants are also required to take part in an evaluation of the 
test.

C. Test Duration and Locations

    The NCAP test will be conducted for approximately six months from 
its start at the following ports of entry: Port Huron, Michigan; 
Pembina, North Dakota; and Blaine, Washington. Any future expansion of 
this NCAP test to additional ports and/or extension of the time period 
will be announced on CBP's Web site at www.cbp.gov. Participants will 
also be notified of any expansion.

IV. Regulatory Provisions Affected

    Regulations in 19 CFR parts 18 and 123 that conflict with the terms 
and conditions of the NCAP test are suspended and overridden to the 
extent of the conflict for the duration of the test for test 
participants and only to the extent of their participation in this 
test.

V. Misconduct

    If a test participant fails to abide by the rules, procedures, or 
term and conditions of this and all other applicable Federal Register 
notices, fails to exercise reasonable care in the execution of 
participant obligations, or otherwise fails to comply with all 
applicable laws and regulations, then the participant may be suspended 
from participation in this test and/or subjected to penalties, 
liquidated damages, and/or other administrative or judicial sanction. 
Additionally, CBP has the right to suspend a test participant based on 
a determination that an unacceptable compliance risk exists. Any 
decision proposing suspension may be appealed in writing to the 
Assistant Commissioner (Office of Field Operations) within 15 days of 
the decision date. Such proposed suspension will apprise the 
participant of the facts or conduct warranting suspension. Should the 
participant appeal the notice of proposed suspension, the participant 
should address the facts or conduct charges contained in the notice and 
state how he has or will achieve compliance. However, in the case of 
willfulness or where public health interests are concerned, the 
suspension may be effective immediately.

VI. Test Evaluation Criteria

    All interested parties are invited to comment on any aspect of this 
test at any time. To ensure adequate feedback, participants are 
required to take part in an evaluation of this test. CBP needs comments 
and feedback on all aspects of this test, including the design, conduct 
and implementation of the test in order to determine whether to modify, 
alter, expand, limit, continue, end or implement this program by 
regulation. The final results of the evaluation will be published in 
the Federal Register and the Customs Bulletin as required by 19 CFR 
101.9.

VII. Paperwork Reduction Act

    As noted above, CBP is accepting only nine participants in the NCAP 
test. This means that fewer than ten persons will be subject to any 
information collections under the NCAP test. Accordingly, collections 
of information encompassed within this notice are exempted from the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3502 and 
3507).

    Dated: April 22, 2016.
Todd Owen,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2016-09858 Filed 4-26-16; 8:45 am]
 BILLING CODE 9111-14-P



                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                                   24837

                                                    amended (5 U.S.C. App.), notice is                        Time: 10:00 a.m. to 2:00 p.m.                       Washington. Comments concerning this
                                                    hereby given of the following meetings.                   Agenda: To review and evaluate grant                notice and all aspects of the announced
                                                      The meetings will be closed to the                    applications.                                         test may be submitted at any time
                                                    public in accordance with the                             Place: National Institutes of Health, 6701          during the test period.
                                                                                                            Rockledge Drive, Bethesda, MD 20892
                                                    provisions set forth in sections                        (Virtual Meeting).                                    ADDRESSES: Written comments
                                                    552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                Contact Person: Jonathan Arias, Ph.D.,              concerning program, policy and
                                                    as amended. The grant applications and                  Scientific Review Officer, Center for                 technical issues should be submitted to
                                                    the discussions could disclose                          Scientific Review, National Institutes of             Manuel Garza, Director, Manifest and
                                                    confidential trade secrets or commercial                Health, 6701 Rockledge Drive, Room 5170,              Conveyance Security Division, U.S.
                                                    property such as patentable material,                   MSC 7840, Bethesda, MD 20892, 301–435–                Customs and Border Protection, via
                                                    and personal information concerning                     2406, ariasj@csr.nih.gov.                             email at manuel.a.garza@cbp.dhs.gov.
                                                    individuals associated with the grant                   (Catalogue of Federal Domestic Assistance
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    applications, the disclosure of which                   Program Nos. 93.306, Comparative Medicine;
                                                    would constitute a clearly unwarranted                  93.333, Clinical Research, 93.306, 93.333,            I. Background
                                                    invasion of personal privacy.                           93.337, 93.393–93.396, 93.837–93.844,
                                                                                                            93.846–93.878, 93.892, 93.893, National               A. CBP Regulations
                                                      Name of Committee: Center for Scientific              Institutes of Health, HHS)
                                                    Review Special Emphasis Panel; PAR Panel:                                                                        Under CBP regulations, a truck with
                                                    Mammalian Models for Translational                        Dated: April 21, 2016.                              merchandise that transits the United
                                                    Research.                                               David Clary,                                          States during a trip that originates and
                                                      Date: May 19, 2016.                                   Program Analyst, Office of Federal Advisory           terminates in Canada must present a
                                                      Time: 12:30 p.m. to 6:00 p.m.                         Committee Policy.                                     paper manifest form, the United States-
                                                      Agenda: To review and evaluate grant                  [FR Doc. 2016–09737 Filed 4–26–16; 8:45 am]           Canada Transit Manifest, known as
                                                    applications.                                                                                                 Customs Form 7512–B Canada 81⁄2, to
                                                                                                            BILLING CODE 4140–01–P
                                                      Place: National Institutes of Health, 6701                                                                  CBP when it crosses the border at the
                                                    Rockledge Drive, Bethesda, MD 20892                                                                           U.S. ports of arrival and exit. The
                                                    (Virtual Meeting).
                                                      Contact Person: Lambratu Rahman Sesay,                DEPARTMENT OF HOMELAND                                procedures for these in-transit
                                                    Ph.D., Scientific Review Officer, Center for            SECURITY                                              shipments are addressed in 19 CFR
                                                    Scientific Review, National Institutes of                                                                     123.42 (Truck shipments transiting the
                                                    Health, 6701 Rockledge Drive, Room 6214,                U.S. Customs and Border Protection                    United States). Among other things, the
                                                    MSC 7804, Bethesda, MD 20892, 301–451–                                                                        regulation provides that trucks
                                                    3493, rahmanl@csr.nih.gov.                              Automated Commercial Environment                      transiting the United States must be
                                                      Name of Committee: Center for Scientific              (ACE); Announcement of National                       sealed at the U.S. port of arrival. The
                                                    Review Special Emphasis Panel; RFA–PM–                  Customs Automation Program Test of                    regulation also provides that
                                                    16–003: Precision Medicine Initiative Cohort            the In-Transit Manifest Pilot Program                 merchandise transported in trucks shall
                                                    Program Participant Technologies Center                                                                       be forwarded in accordance with the
                                                    (U24).                                                  AGENCY:  U.S. Customs and Border
                                                                                                            Protection, Department of Homeland                    general provisions for transportation in-
                                                      Date: May 23, 2016.
                                                      Time: 8:30 a.m. to 5:00 p.m.                          Security.                                             bond (19 CFR 18.1–18.8).
                                                      Agenda: To review and evaluate grant                                                                           In addition to the requirement to
                                                                                                            ACTION: General notice.
                                                    applications.                                                                                                 present a paper manifest when a truck
                                                      Place: Embassy Suites at the Chevy Chase              SUMMARY:     This document announces                  crosses the border, CBP also requires
                                                    Pavilion, 4300 Military Road NW.,                       that U.S. Customs and Border Protection               electronic filing of certain information
                                                    Washington, DC 20015.                                   (CBP) plans to conduct a National                     regarding the cargo carried by a truck in
                                                      Contact Person: Wenchi Liang, Ph.D.,                                                                        advance of the truck’s arrival at the
                                                                                                            Customs Automation Program (NCAP)
                                                    Scientific Review Officer, Center for                                                                         border. Under 19 CFR 123.92(a), with a
                                                    Scientific Review, National Institutes of               test relating to truck shipments of
                                                                                                            commercial goods that transit from a                  few exceptions, for any inbound truck
                                                    Health, 6701 Rockledge Drive, Room 3150,
                                                    MSC 7770, Bethesda, MD 20892, 301–435–                  point of origination in Canada through                required to report its arrival under 19
                                                    0681, liangw3@csr.nih.gov.                              the United States to a point of                       CFR 123.1(b) that will have commercial
                                                      Name of Committee: Emerging                           destination in Canada. Under the NCAP                 cargo aboard, CBP must electronically
                                                    Technologies and Training Neurosciences                 test, CBP will use a new filing code to               receive certain information regarding
                                                    Integrated Review Group; Bioengineering of              identify shipments as being part of the               the cargo to a CBP-approved EDI
                                                    Neuroscience, Vision and Low Vision                     In-Transit Manifest Pilot Program in                  system 1 no later than either 30
                                                    Technologies Study Section.                             CBP’s Automated Commercial                            minutes 2 or one hour prior to the
                                                      Date: May 24–25, 2016.                                Environmental (ACE) Truck Manifest
                                                      8:00 a.m. to 5:00 p.m.                                                                                        1 In a notice published in the Federal Register on
                                                                                                            System. Test participants will submit
                                                      Agenda: To review and evaluate grant                                                                        October 27, 2006 (71 FR 62922), CBP designated the
                                                    applications.                                           electronically an in-transit manifest                 ACE Truck Manifest System as the approved EDI for
                                                      Place: Washington Marriott Georgetown,                with a relaxed validation for the value               the transmission of required data and announced
                                                    1221 22nd Street NW., Washington, DC                    data element and they will not have to                that the requirement to transmit advance electronic
                                                                                                                                                                  cargo information through ACE would be phased in
                                                    20037.                                                  provide the Harmonized Tariff Schedule                by groups of ports-of-entry. Through a series of
                                                      Contact Person: Robert C Elliott, Ph.D.,              (HTS) number. This notice provides a                  Federal Register notices published from the
                                                    Scientific Review Officer, Center for                   description of the NCAP test and                      October 27, 2006 notice and concluding with a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Scientific Review, National Institutes of               specifies the duration and locations of               November 13, 2007 notice (72 FR 63805), CBP
                                                    Health, 6701 Rockledge Drive, Room 5190,                the test. It also invites public comment              mandated the use of ACE for the transmission of
                                                    MSC 7846, Bethesda, MD 20892, 301–435–                                                                        advance electronic truck cargo information at all
                                                                                                            on any aspect of the test.                            land border ports-of-entry.
                                                    3009, elliotro@csr.nih.gov.
                                                                                                            DATES: The test will commence no                        2 As explained in the preamble of the final rule
                                                      Name of Committee: Center for Scientific                                                                    implementing section 123.92, published in the
                                                    Review Special Emphasis Panel; PAR Panel:               earlier than May 27, 2016 and will run
                                                                                                                                                                  Federal Register on December 5, 2003 (68 FR
                                                    Animal Models and Stem Cell-based                       for approximately six months at the                   68140), the 30 minute timeframe applies to truck
                                                    Therapies for Regenerative Medicine.                    following ports: Port Huron, Michigan;                carriers arriving with shipments qualified for
                                                      Date: May 25, 2016.                                   Pembina, North Dakota; and Blaine,                                                               Continued




                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                    24838                        Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    carrier’s reaching the first port of arrival            II. Authorization for the NCAP Test                    manifest (referred to as a 309 manifest)
                                                    in the United States. This includes cargo                  The National Customs Automation                     with the following information: Trip,
                                                    arriving by truck for transportation                    Program (NCAP) was established in                      shipment (including the value of the
                                                    through the United States from one                      Subtitle B of Title VI—Customs                         merchandise and the Harmonized Tariff
                                                    point to another in the same foreign                    Modernization, in the North American                   Schedule (HTS) number), conveyance,
                                                    country.                                                Free Trade Agreement Implementation                    equipment, crew and passenger data.
                                                                                                            Act (Pub. L. 103–182, 107 Stat. 2057,                  Under the test, a new shipment release
                                                       Truck carriers have been providing up
                                                                                                            2170, December 8, 1993) (Customs                       type 70 for CAN-US-CAN in-transit
                                                    to 69 data elements (including 1                                                                               shipments will be used by participating
                                                    optional data element) as part of their e-              Modernization Act). See 19 U.S.C. 1411.
                                                                                                            The Customs Modernization Act                          carriers. Under shipment release type
                                                    Manifest in the ACE Truck Manifest                                                                             70, participating carriers will be
                                                    System, as a result of prior NCAP tests                 provides the Commissioner of CBP with
                                                                                                            authority to conduct limited test                      required to submit the same set of data
                                                    performed in conjunction with the                                                                              elements as a 309 manifest but with a
                                                    Federal Motor Carrier Safety                            programs or procedures designed to
                                                                                                            evaluate planned components of the                     relaxed validation for the value data
                                                    Administration. See 69 FR 55167                                                                                element. They will not be required to
                                                                                                            NCAP. The NCAP test of In-Transit
                                                    (September 13, 2004) and 70 FR 13514                                                                           provide the HTS number.
                                                                                                            Manifest Pilot Program (referred to
                                                    (March 21, 2005) and related test notices                                                                         For the value data element, CBP will
                                                                                                            hereafter as ‘‘the NCAP test’’ or ‘‘the
                                                    identified therein. For the purposes of                 test’’) is authorized pursuant to 19 CFR               accept a value amount of $2 per pound
                                                    this test, the same data elements will be               101.9(b) which provides for the testing                when the actual value is not available.
                                                    required, except as otherwise provided                  of NCAP programs or procedures. See                    With regard to the HTS number, an e-
                                                    for in this notice. The ACE Truck                       T.D. 95–21.                                            Manifest filed under shipment release
                                                    Manifest System enables truck carriers                                                                         type 62 requires an HTS number to the
                                                    with merchandise transiting the United                  III. In-Transit Manifest Pilot Program                 6-digit level under which the cargo will
                                                    States from point to point in Canada to                    This notice announces CBP’s In-                     be classified and a description of the
                                                    file an e-Manifest and enter the                        Transit Manifest Pilot Program to test a               cargo. For an e-Manifest filed by test
                                                    merchandise as a Transportation &                       new electronic in-transit manifest in the              participants under shipment release
                                                    Exportation (T&E) in-bond entry.                        ACE Truck Manifest System. The details                 type 70, only a precise description of
                                                                                                            are provided below.                                    the cargo will be required.
                                                    B. Beyond the Border Initiative                                                                                   Trade associations for Canadian
                                                                                                            A. Description of Test                                 trucking companies have identified
                                                       On February 4, 2011, President                                                                              these two data elements—value and the
                                                                                                               The NCAP test applies to the
                                                    Obama and Prime Minister Harper                                                                                HTS number—as being the most
                                                                                                            transportation of commercial cargo from
                                                    announced the United States-Canada                      a point of origination in Canada through               problematic for CAN-US-CAN in-transit
                                                    joint declaration, Beyond the Border: A                 the United States to a point of                        shipments. Canadian truck carriers
                                                    Shared Vision for Perimeter Security                    destination in Canada (CAN-US-CAN                      rarely know the value and/or the exact
                                                    and Economic Competitiveness                            in-transit shipments). These shipments                 HTS classification number for such in-
                                                    (‘‘Beyond the Border’’). Beyond the                     are essentially domestic Canadian                      transit cargo and in practice often file
                                                    Border articulates a shared approach to                 shipments that transit through the                     incorrect data when filing an e-Manifest
                                                    security in which both countries work                   United States. Under the test,                         under shipment release type 62. By
                                                    together to address threats within, at,                 participating truck carriers transporting              relaxing the validation for the value data
                                                    and away from the U.S.-Canada border,                   cargo in CAN-US-CAN in-transit                         and removing the HTS number
                                                    while expediting lawful trade and                       shipments will be required to submit an                requirement, CBP intends to reduce the
                                                    travel.                                                 e-Manifest in the ACE Truck Manifest                   reporting burden on the industry and
                                                       On December 7, 2011, President                       System no later than 30 minutes 3 prior                improve trade efficiencies between
                                                    Obama and Prime Minister Harper                         to arrival in the United States under a                Canada and the United States.
                                                    released the Beyond the Border Action                   new filing type code for these in-transit                 The in-transit manifest will be
                                                                                                            shipments. Participating carriers must                 processed and retained in ACE in the
                                                    Plan, which sets out joint priorities and
                                                                                                            submit an e-Manifest to CBP using the                  same manner as a type 62 manifest.
                                                    specific initiatives for achieving this
                                                                                                            ANSI X12 format or the ACE Secure                      Upon arrival in the United States, CBP
                                                    vision. The Beyond the Border Action
                                                                                                            Data Portal. Participating carriers will               will generate a ‘‘transit movement
                                                    Plan proposed a number of pilot                                                                                authorized’’ message (referred to as a
                                                    projects to test new approaches to                      not be required to submit the paper
                                                                                                            manifest form, Customs Form 7512–B                     350 message) that will be sent to the
                                                    facilitating the secure movement of                                                                            carrier. The shipment will then be able
                                                    goods, including a U.S. pilot that would                Canada 81⁄2, that is required under 19
                                                                                                            CFR 123.42. Participating carriers are                 to transit the United States and proceed
                                                    involve ‘‘the testing of a new in-bond                                                                         to the United States port of export as an
                                                    module for processing in-transit/in-                    still required to submit the paper
                                                                                                            manifest form required under Canadian                  in-transit entry. When the shipment
                                                    bond (Canada-United States-Canada)                                                                             arrives at the United States port of
                                                                                                            law to Canadian ports of entry.
                                                    cargo traveling by truck.’’ See Beyond                                                                         export, the carrier will report the arrival
                                                                                                               Currently, CAN-US-CAN in-transit
                                                    the Border Action Plan (December 7,                     shipments are filed under shipment                     of the shipment to CBP via an EDI
                                                    2011). CBP is conducting this NCAP test                 release type 62 as Transportation &                    message or through the carrier’s ACE
                                                    to assess a new automated process for                                                                          portal account. CBP will issue another
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Exportation (T&E) in-bond entries,
                                                    in-transit shipments in the ACE Truck                   which includes a complete ANSI X12                     350 message to the carrier notifying the
                                                    Manifest System.                                                                                               carrier that the shipment has entered
                                                                                                              3 Thirty minutes is the time-frame specified in 19   Canada and that the in-transit entry is
                                                    clearance under the FAST (Free and Secure Trade)        CFR 123.92(a) that applies to truck carriers using     closed.
                                                    Program. The FAST program is a cooperative effort       FAST commercial drivers. This is the applicable           Requiring participating carriers to file
                                                    between CBP and the governments of Canada and           time-frame for participating truck carriers because
                                                    Mexico which provides expedited border                  as a condition of participation in this test, each
                                                                                                                                                                   an in-transit manifest electronically
                                                    processing for known, low-risk commercial drivers       carrier must use commercial drivers cleared under      under new shipment release type 70,
                                                    at the U.S.-Canada and U.S.-Mexico borders.             the FAST program. See part III.B of this notice.       along with relaxing the validation for


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                          24839

                                                    the value data element and eliminating                  fails to exercise reasonable care in the              DEPARTMENT OF HOMELAND
                                                    the HTS number requirement, will                        execution of participant obligations, or              SECURITY
                                                    facilitate the in-transit manifest process              otherwise fails to comply with all
                                                    for both the trade and CBP. Canadian                    applicable laws and regulations, then                 U.S. Customs and Border Protection
                                                    carriers will be able to route certain                  the participant may be suspended from
                                                    domestic shipments through the United                   participation in this test and/or                     DEPARTMENT OF AGRICULTURE
                                                    States with greater efficiency and CBP                  subjected to penalties, liquidated
                                                    will benefit from an entirely electronic                damages, and/or other administrative or               Forest Service
                                                    in-transit manifest.                                    judicial sanction. Additionally, CBP has              Notice of intent to prepare a Joint
                                                    B. Test Participants and Conditions of                  the right to suspend a test participant               Environmental Impact Statement and
                                                    Participation                                           based on a determination that an                      To Conduct Public Scoping
                                                      Participation in the In-Transit                       unacceptable compliance risk exists.
                                                                                                            Any decision proposing suspension may                 AGENCY:  U.S. Customs and Border
                                                    Manifest Pilot Program is currently
                                                                                                            be appealed in writing to the Assistant               Protection, Department of Homeland
                                                    limited to nine Canadian truck carriers
                                                                                                            Commissioner (Office of Field                         Security and Forest Service, USDA.
                                                    that have been selected by CBP in
                                                    consultation with the Canadian Border                   Operations) within 15 days of the                     ACTION: Notice of intent to prepare a
                                                    Services Agency (CBSA). Each                            decision date. Such proposed                          Joint Environmental Impact Statement
                                                    participating carrier is a bonded carrier               suspension will apprise the participant               concerning the repair and maintenance
                                                    and a certified member of the Customs-                  of the facts or conduct warranting                    of Bog Creek Road and closure of certain
                                                    Trade Partnership Against Terrorism                     suspension. Should the participant                    roads within the Blue-Grass Bear
                                                    (C–TPAT), a voluntary supply chain                      appeal the notice of proposed                         Management Unit in the Selkirk
                                                    security program led by CBP that is                     suspension, the participant should                    Mountains in Boundary County, Idaho;
                                                    focused on improving the security of                    address the facts or conduct charges                  request for comments; and notice of
                                                    private companies’ supply chains with                   contained in the notice and state how he              public scoping.
                                                    respect to terrorism. As a condition of                 has or will achieve compliance.                       SUMMARY:   This notice announces that
                                                    participation, each carrier must use                    However, in the case of willfulness or                U.S. Customs and Border Protection
                                                    commercial drivers cleared under the                    where public health interests are                     (CBP) and the U.S. Forest Service
                                                    FAST program. FAST driver                               concerned, the suspension may be                      (Forest Service) Idaho Panhandle
                                                    identification provides CBP with a full                 effective immediately.                                National Forests (IPNF) (collectively the
                                                    set of identifying information regarding                                                                      ‘‘Agencies’’) intend to prepare a joint
                                                    the driver, including the driver’s name,                VI. Test Evaluation Criteria
                                                                                                                                                                  Environmental Impact Statement (EIS)
                                                    date of birth, gender, citizenship, and                                                                       to identify and assess potential impacts
                                                    address. Another condition of                             All interested parties are invited to
                                                                                                            comment on any aspect of this test at                 upon the environment of: Repairing and
                                                    participation in this NCAP test is that                                                                       maintaining an approximately 5.6-mile
                                                    no passengers are permitted on the                      any time. To ensure adequate feedback,
                                                                                                            participants are required to take part in             section of the existing Bog Creek Road,
                                                    Canadian trucks transiting the United                                                                         which is located in the Selkirk
                                                    States, with the exception of additional                an evaluation of this test. CBP needs
                                                                                                            comments and feedback on all aspects                  Mountains in Boundary County, Idaho,
                                                    drivers also cleared under the FAST                                                                           within approximately two miles of the
                                                    program. As provided in Section VI,                     of this test, including the design,
                                                                                                                                                                  Canadian border, on land within the
                                                    participants are also required to take                  conduct and implementation of the test
                                                                                                                                                                  Blue-Grass Bear Management Unit
                                                    part in an evaluation of the test.                      in order to determine whether to                      (BMU) that is managed by the IPNF; and
                                                                                                            modify, alter, expand, limit, continue,               closing for motorized use additional
                                                    C. Test Duration and Locations
                                                                                                            end or implement this program by                      roads within the Blue-Grass BMU to
                                                       The NCAP test will be conducted for                  regulation. The final results of the
                                                    approximately six months from its start                                                                       comply with the IPNF Forest Plan
                                                                                                            evaluation will be published in the                   Amendments for Motorized Access
                                                    at the following ports of entry: Port                   Federal Register and the Customs
                                                    Huron, Michigan; Pembina, North                                                                               Management within the Selkirk and
                                                                                                            Bulletin as required by 19 CFR 101.9.                 Cabinet-Yaak Grizzly Bear Recovery
                                                    Dakota; and Blaine, Washington. Any
                                                    future expansion of this NCAP test to                   VII. Paperwork Reduction Act                          Zones (Access Amendment) and reduce
                                                    additional ports and/or extension of the                                                                      road density in the Blue-Grass BMU.
                                                    time period will be announced on CBP’s                    As noted above, CBP is accepting only               This notice initiates the public scoping
                                                    Web site at www.cbp.gov. Participants                   nine participants in the NCAP test. This              process for the preparation of the EIS.
                                                    will also be notified of any expansion.                 means that fewer than ten persons will                The purpose of the public scoping
                                                                                                            be subject to any information collections             process is to solicit public comments
                                                    IV. Regulatory Provisions Affected                      under the NCAP test. Accordingly,                     regarding the potential environmental
                                                      Regulations in 19 CFR parts 18 and                    collections of information encompassed                impacts that may be addressed. This
                                                    123 that conflict with the terms and                    within this notice are exempted from                  notice commences the public scoping
                                                    conditions of the NCAP test are                         the requirements of the Paperwork                     period for which CBP and IPNF are
                                                    suspended and overridden to the extent                  Reduction Act of 1995 (44 U.S.C. 3502                 requesting written comments. This
                                                                                                                                                                  process is being conducted pursuant to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of the conflict for the duration of the test            and 3507).
                                                    for test participants and only to the                                                                         the National Environmental Policy Act
                                                    extent of their participation in this test.               Dated: April 22, 2016.                              (NEPA), the Council on Environmental
                                                                                                            Todd Owen,                                            Quality Regulations for Implementing
                                                    V. Misconduct                                                                                                 the NEPA (40 CFR parts 1500–1508),
                                                                                                            Assistant Commissioner, Office of Field
                                                      If a test participant fails to abide by               Operations.                                           and CBP and Forest Service NEPA
                                                    the rules, procedures, or term and                      [FR Doc. 2016–09858 Filed 4–26–16; 8:45 am]           guidelines. Additionally, pursuant to
                                                    conditions of this and all other                        BILLING CODE 9111–14–P
                                                                                                                                                                  Section 106 of the National Historic
                                                    applicable Federal Register notices,                                                                          Preservation Act, the public scoping


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1



Document Created: 2018-02-07 13:55:54
Document Modified: 2018-02-07 13:55:54
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 test will commence no earlier than May 27, 2016 and will run for approximately six months at the following ports: Port Huron, Michigan; Pembina, North Dakota; and Blaine, Washington. Comments concerning this notice and all aspects of the announced test may be submitted at any time during the test period.
FR Citation81 FR 24837 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR