81_FR_49830 81 FR 49685 - Notice Announcing the Automated Commercial Environment (ACE) Protest Module as the Sole CBP-Authorized Method for Filing Electronic Protests

81 FR 49685 - Notice Announcing the Automated Commercial Environment (ACE) Protest Module as the Sole CBP-Authorized Method for Filing Electronic Protests

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

Federal Register Volume 81, Issue 145 (July 28, 2016)

Page Range49685-49686
FR Document2016-17915

This document announces that the Automated Commercial Environment (ACE) Protest Module will be the sole method authorized by the Commissioner of U.S. Customs and Border Protection (CBP) for filing electronic protests. This document also announces that CBP will no longer accept protests filed through the Automated Broker Interface (ABI) to the Automated Commercial System (ACS). Upon the effective date of this notice, ACE will replace ACS as the electronic data interchange system authorized for protest filing.

Federal Register, Volume 81 Issue 145 (Thursday, July 28, 2016)
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49685-49686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17915]


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DEPARTMENT OF HOMELAND SECURITY

U. S. Customs and Border Protection


Notice Announcing the Automated Commercial Environment (ACE) 
Protest Module as the Sole CBP-Authorized Method for Filing Electronic 
Protests

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

ACTION: General notice.

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

SUMMARY: This document announces that the Automated Commercial 
Environment (ACE) Protest Module will be the sole method authorized by 
the Commissioner of U.S. Customs and Border Protection (CBP) for filing 
electronic protests. This document also announces that CBP will no 
longer accept protests filed through the Automated Broker Interface 
(ABI) to the Automated Commercial System (ACS). Upon the effective date 
of this notice, ACE will replace ACS as the electronic data interchange 
system authorized for protest filing.

DATES: Effective August 29, 2016, the ACE Protest Module will be the 
sole CBP-authorized method for filing electronic protests.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
ACE Protest Module, or to request an ACE Protest Account in the ACE 
Portal, 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 
heading ``ACE Protest Module.''

SUPPLEMENTARY INFORMATION: 

Background

Statutory Authority

    Section 514 of the Tariff Act of 1930, as amended (19 U.S.C. 1514), 
provides that certain decisions made by CBP can be protested within 180 
days of the date of liquidation, i.e., the date on which CBP's decision 
becomes final. Section 645 of Subtitle B of Title VI of the North 
American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 
Stat. 2057, December 8, 1993), commonly known as the Customs 
Modernization Act, or Mod Act, amended section 514(c)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1514(c)(1)) to permit the transmission of such 
protests to CBP electronically pursuant to an electronic data 
interchange system.

Current Regulations

    The CBP regulations governing protests are found in part 174 of 
Title 19 of the Code of Federal Regulations (19 CFR part 174).
    On January 14, 2011, CBP published a Final Rule in the Federal 
Register (76 FR 2573) making technical corrections to part 174 and 
related provisions in Title 19 of the Code of Federal Regulations. The 
rule amended section 174.12(b) to conform to section 514(c)(1) of the 
Tariff Act of 1930, allowing a protest to be transmitted 
electronically, using the electronic data interchange system authorized 
by CBP for that purpose.
    Currently, CBP accepts electronic protests submitted through the 
Automated Broker Interface (ABI) to the Automated Commercial System 
(ACS), the electronic data interchange system currently authorized by 
CBP for this purpose.

Transition From ACS to ACE

    In an effort to modernize the business processes essential to 
securing U.S. borders, facilitating the flow of legitimate shipments, 
and targeting illicit goods pursuant to the Mod Act and the Security 
and Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-347, 
120 Stat. 1884), CBP developed the Automated Commercial Environment 
(ACE) to eventually replace ACS. Over the last several years, CBP has 
tested ACE and provided significant public outreach to ensure that the 
trade community is fully aware of the transition from ACS to ACE. CBP 
is now transitioning electronic protest filing from ACS to ACE. Upon 
the effective date of this notice, ACE will replace ACS as the 
electronic data interchange system authorized for protest filing.

ACE Protest Module as the Sole CBP-Authorized Method for the Filing of 
Electronic Protests

    This notice announces that the ACE Protest Module will be the sole 
CBP-authorized method for filing electronic protests. Filers who intend 
to submit a protest electronically must use the ACE Protest Module. The 
ACE Protest Module is an internet-based processing module which allows 
a filer to submit an electronic protest to ACE for processing by CBP. 
Protest filings will no longer be accepted in ACS. This transition has 
no effect on filers who intend to submit their protest in paper form, 
as specified in 19 CFR part 174.


[[Page 49686]]


    Dated: July 22, 2016.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2016-17915 Filed 7-27-16; 8:45 am]
BILLING CODE 9111-14-P



                                                                                      Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices                                                                   49685

                                                                                                                    ESTIMATE OF RESPONDENT BURDEN
                                                                                                       [Note: Total burden is annualized over the 3-year clearance period]

                                                                                                                                                               Average
                                                                                                                                                              number of
                                                                                                                                          Number of                          Total number          Hours per               Total annual
                                                                                Instrument                                                                 responses per
                                                                                                                                         respondents                         of responses          response                burden hours
                                                                                                                                                             respondent
                                                                                                                                                               per year

                                             Service Pre-Assessment Form ............................................                                150                 6              900                     .167             150.30
                                             Training Feedback Form ......................................................                           112                 6              672                     .167             112.22
                                             Training Follow-up Form ......................................................                          112                 4              448                     .167              74.82
                                             Technical Assistance Follow-up Form .................................                                    30                 6              180                     .167              30.06
                                             IECMHC Cumulative Services Assessment Form ..............                                                17                 1               17                     .333               5.66
                                             IECMHC Annual and Quarterly Benchmark Data Collec-
                                               tion Forms ........................................................................                   17                  4                68                      1.5            102.00

                                                   Totals ............................................................................               438                27             2,285    ........................         475.06



                                               Send comments to Summer King,                                           Protest Module, or to request an ACE                      Currently, CBP accepts electronic
                                             SAMHSA Reports Clearance Officer,                                         Protest Account in the ACE Portal,                      protests submitted through the
                                             5600 Fishers Lane, Room 15E57–B,                                          contact your assigned client                            Automated Broker Interface (ABI) to the
                                             Rockville, Maryland 20857, OR email a                                     representative. Interested parties                      Automated Commercial System (ACS),
                                             copy to summer.king@samhsa.hhs.gov.                                       without an assigned client                              the electronic data interchange system
                                             Written comments should be received                                       representative should direct their                      currently authorized by CBP for this
                                             by September 26, 2016.                                                    questions to Steven Zaccaro at                          purpose.
                                             Summer King,
                                                                                                                       steven.j.zaccaro@cbp.dhs.gov with the
                                                                                                                       subject heading ‘‘ACE Protest Module.’’                 Transition From ACS to ACE
                                             Statistician.
                                             [FR Doc. 2016–17867 Filed 7–27–16; 8:45 am]                               SUPPLEMENTARY INFORMATION:                                 In an effort to modernize the business
                                             BILLING CODE 4162–20–P                                                                                                            processes essential to securing U.S.
                                                                                                                       Background
                                                                                                                                                                               borders, facilitating the flow of
                                                                                                                       Statutory Authority                                     legitimate shipments, and targeting
                                             DEPARTMENT OF HOMELAND                                                                                                            illicit goods pursuant to the Mod Act
                                                                                                                         Section 514 of the Tariff Act of 1930,                and the Security and Accountability for
                                             SECURITY                                                                  as amended (19 U.S.C. 1514), provides
                                                                                                                                                                               Every (SAFE) Port Act of 2006 (Pub. L.
                                             U. S. Customs and Border Protection                                       that certain decisions made by CBP can
                                                                                                                                                                               109–347, 120 Stat. 1884), CBP
                                                                                                                       be protested within 180 days of the date
                                                                                                                                                                               developed the Automated Commercial
                                             Notice Announcing the Automated                                           of liquidation, i.e., the date on which
                                                                                                                       CBP’s decision becomes final. Section                   Environment (ACE) to eventually
                                             Commercial Environment (ACE)
                                                                                                                       645 of Subtitle B of Title VI of the North              replace ACS. Over the last several years,
                                             Protest Module as the Sole CBP-
                                                                                                                       American Free Trade Agreement                           CBP has tested ACE and provided
                                             Authorized Method for Filing
                                             Electronic Protests                                                       Implementation Act (Pub. L. 103–182,                    significant public outreach to ensure
                                                                                                                       107 Stat. 2057, December 8, 1993),                      that the trade community is fully aware
                                             AGENCY:  U.S. Customs and Border                                          commonly known as the Customs                           of the transition from ACS to ACE. CBP
                                             Protection, Department of Homeland                                        Modernization Act, or Mod Act,                          is now transitioning electronic protest
                                             Security.                                                                 amended section 514(c)(1) of the Tariff                 filing from ACS to ACE. Upon the
                                             ACTION: General notice.                                                   Act of 1930 (19 U.S.C. 1514(c)(1)) to                   effective date of this notice, ACE will
                                                                                                                       permit the transmission of such protests                replace ACS as the electronic data
                                             SUMMARY:    This document announces
                                                                                                                       to CBP electronically pursuant to an                    interchange system authorized for
                                             that the Automated Commercial
                                                                                                                       electronic data interchange system.                     protest filing.
                                             Environment (ACE) Protest Module will
                                             be the sole method authorized by the                                      Current Regulations                                     ACE Protest Module as the Sole CBP-
                                             Commissioner of U.S. Customs and                                                                                                  Authorized Method for the Filing of
                                             Border Protection (CBP) for filing                                          The CBP regulations governing                         Electronic Protests
                                             electronic protests. This document also                                   protests are found in part 174 of Title 19
                                             announces that CBP will no longer                                         of the Code of Federal Regulations (19                     This notice announces that the ACE
                                             accept protests filed through the                                         CFR part 174).                                          Protest Module will be the sole CBP-
                                             Automated Broker Interface (ABI) to the                                     On January 14, 2011, CBP published                    authorized method for filing electronic
                                             Automated Commercial System (ACS).                                        a Final Rule in the Federal Register (76                protests. Filers who intend to submit a
                                             Upon the effective date of this notice,                                   FR 2573) making technical corrections                   protest electronically must use the ACE
                                             ACE will replace ACS as the electronic                                    to part 174 and related provisions in                   Protest Module. The ACE Protest
                                             data interchange system authorized for                                    Title 19 of the Code of Federal                         Module is an internet-based processing
                                             protest filing.                                                                                                                   module which allows a filer to submit
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                                                                                                                       Regulations. The rule amended section
                                             DATES: Effective August 29, 2016, the                                     174.12(b) to conform to section 514(c)(1)               an electronic protest to ACE for
                                             ACE Protest Module will be the sole                                       of the Tariff Act of 1930, allowing a                   processing by CBP. Protest filings will
                                             CBP-authorized method for filing                                          protest to be transmitted electronically,               no longer be accepted in ACS. This
                                             electronic protests.                                                      using the electronic data interchange                   transition has no effect on filers who
                                             FOR FURTHER INFORMATION CONTACT: For                                      system authorized by CBP for that                       intend to submit their protest in paper
                                             technical questions related to the ACE                                    purpose.                                                form, as specified in 19 CFR part 174.


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                                             49686                          Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices

                                               Dated: July 22, 2016.                                     Internet: New York Field Office Web                otherwise lawful activity. Regulations
                                             R. Gil Kerlikowske,                                      site, at http://www.fws.gov/northeast/                governing incidental take permits for
                                             Commissioner, U.S. Customs and Border                    nyfo/;                                                threatened and endangered species,
                                             Protection.                                                 In-person: Copies will be available for            respectively, are found in the Code of
                                             [FR Doc. 2016–17915 Filed 7–27–16; 8:45 am]              public review during regular business                 Federal Regulations (October 1, 2006, 50
                                             BILLING CODE 9111–14–P                                   hours at the New York Field Office (see               CFR 17.22; October 1, 2001, 50 CFR
                                                                                                      FOR FURTHER INFORMATION CONTACT);                     17.32).
                                                                                                         U.S. mail: You may request copies by               Proposed Project
                                             DEPARTMENT OF THE INTERIOR                               sending a letter to the New York Field
                                                                                                      Office (see FOR FURTHER INFORMATION                      Slack Chemical Company is seeking a
                                             Fish and Wildlife Service                                CONTACT); or                                          permit for the incidental take of the
                                                                                                         Telephone: Those who do not have                   Karner blue butterfly for a term of 10
                                             [FWS–R5–ES–2015–N203]; [50120–1112–                      access to the Web site or cannot visit                years. Incidental take of this species will
                                             0000–F2]                                                                                                       occur in an approximate 0.10-acre area
                                                                                                      our office may request copies by
                                                                                                      telephone at 607–753–9334.                            within a National Grid right-of-way
                                             Receipt of an Application for an                                                                               (ROW). Slack Chemical Company
                                             Incidental Take Permit for Karner Blue                      Submitting comments: You may
                                                                                                      submit written comments by any one of                 proposes to construct a gravel access
                                             Butterfly, From the Slack Chemical                                                                             road through the ROW to access
                                             Company, and Availability of Proposed                    the following methods:
                                                                                                         Email: FW5ES_NYFO@fws.gov. Please                  approximately 8 acres for construction
                                             Habitat Conservation Plan                                                                                      of a parking lot for their trucking fleet
                                                                                                      put Slack Chemical HCP in the subject
                                             AGENCY:   Fish and Wildlife Service,                     line; or                                              and a building. The project is located in
                                             Interior.                                                   U.S. mail: Noelle Rayman-Metcalf (see              Grande Industrial Park, Saratoga
                                                                                                      FOR FURTHER INFORMATION CONTACT).                     Springs, Saratoga County, New York. An
                                             ACTION: Notice of availability, receipt of
                                                                                                                                                            additional 4.81 acres of temporary
                                             application.                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            impacts to enhance Karner blue
                                                                                                      Noelle Rayman-Metcalf, by U.S. mail at
                                             SUMMARY:    We, the U.S. Fish and                                                                              butterfly habitat will occur due to
                                                                                                      U.S. Fish and Wildlife Service, New                   periodic mowing.
                                             Wildlife Service (Service), announce the                 York Field Office, 3817 Luker Road,
                                             availability of an application for an                                                                             Proposed covered activities include
                                                                                                      Cortland, NY 13045; or via phone at                   the new construction of a gravel access
                                             Incidental Take Permit (ITP) and a                       607–753–9334.
                                             proposed Habitat Conservation Plan                                                                             road, as well as periodic mowing of
                                                                                                      SUPPLEMENTARY INFORMATION: We                         occupied habitat of two existing New
                                             (HCP) from the Slack Chemical
                                                                                                      received an application from the Slack                York State Department of
                                             Company for public review and
                                                                                                      Chemical Company for an ITP for take                  Environmental Conservation
                                             comment. We received the permit
                                                                                                      of the federally listed endangered                    management areas, and one National
                                             application from the Slack Chemical
                                                                                                      Karner blue butterfly (Lycaeides melissa              Grid easement area, as well as the
                                             Company for incidental take of the
                                                                                                      samuelis) resulting from the                          seeding of wild blue lupine and other
                                             endangered Karner blue butterfly
                                                                                                      construction of a gravel access road, as              nectar species within a 0.10 acre patch
                                             resulting from the construction of a
                                                                                                      well as from proposed mitigation                      in National Grid’s ROW. The HCP’s
                                             gravel access road, as well as from
                                                                                                      activities. To minimize and mitigate for              proposed conservation strategy is
                                             proposed mitigation activities over the
                                                                                                      the incidental take, the Slack Chemical               designed to minimize and mitigate the
                                             next 10 years. Our preliminary
                                                                                                      Company will implement a                              impacts of covered activities on the
                                             determination is that the proposed HCP
                                                                                                      conservation program as described in its              covered species. The biological goal is
                                             qualifies as low-effect in accordance
                                                                                                      proposed HCP. We prepared a                           to complement the existing conservation
                                             with our Handbook for Habitat
                                                                                                      preliminary EAS to comply with NEPA.                  efforts in New York State for the
                                             Conservation Planning and Incidental
                                                                                                      The Service will evaluate whether the                 butterfly.
                                             Taking Permitting Process. To make this
                                                                                                      proposed action, issuance of an ITP to                   The proposed action consists of the
                                             determination, we used our Low-Effect
                                                                                                      the Slack Chemical Company, is                        issuance of an ITP and implementation
                                             HCP Screening Form/Environmental
                                                                                                      adequate to support a categorical                     of the proposed HCP. One alternative to
                                             Action Statement (EAS), the preliminary
                                                                                                      exclusion. We are requesting comments                 the proposed action was considered in
                                             version of which is also available for
                                                                                                      on the proposed HCP and our                           the HCP: No action (i.e., operation of the
                                             review.
                                                                                                      preliminary determination that the plan               project without an ITP and without
                                               We provide this notice to (1) seek
                                                                                                      qualifies as low-effect under NEPA.                   avoidance, minimization, or mitigation
                                             public comments on the proposed HCP
                                             and application; (2) seek public                         Background                                            of Karner blue butterfly impacts). This
                                             comments on our preliminary                                                                                    alternative was deemed not practicable
                                                                                                         Section 9 of the Act (16 U.S.C. 1531               by Slack Chemical Company because
                                             determination that the HCP qualifies as                  et seq.) and its implementing
                                             low-effect and is therefore eligible for a                                                                     the project would not have the
                                                                                                      regulations prohibit the ‘‘take’’ of                  important protections of the ITP and
                                             categorical exclusion under the National                 animal species listed as endangered or
                                             Environmental Policy Act (NEPA); and                                                                           would not have the conservation
                                                                                                      threatened. Take is defined under the                 benefits proposed by the Slack Chemical
                                             (3) advise other Federal and State                       Act as to ‘‘harass, harm, pursue, hunt,
                                             agencies, affected Tribes, and the public                                                                      Company.
                                                                                                      shoot, wound, kill, trap, capture, or
                                             of our intent to issue an ITP.                           collect listed animal species, or to                  National Environmental Policy Act
                                             DATES: To ensure consideration, we
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                                                                                                      attempt to engage in such conduct’’ (16                 We have made a preliminary
                                             must receive your written comments by                    U.S.C. 1538). However, under section                  determination that the Slack Chemical
                                             August 29, 2016.                                         10(a) of the Act, we may issue permits                Company’s proposed HCP, including
                                             ADDRESSES: Reviewing documents: You                      to authorize incidental take of listed                proposed minimization and mitigation
                                             may obtain copies of the proposed HCP                    species. ‘‘Incidental take’’ is defined by            measures, will have a minor or
                                             and preliminary EAS for review by any                    the Act as take that is incidental to, and            negligible effect on the species covered
                                             of the following methods:                                not the purpose of, carrying out an                   in the plan, and that the plan qualifies


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Document Created: 2016-07-28 01:47:34
Document Modified: 2016-07-28 01:47:34
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.
DatesEffective August 29, 2016, the ACE Protest Module will be the sole CBP-authorized method for filing electronic protests.
ContactFor technical questions related to the ACE Protest Module, or to request an ACE Protest Account in the ACE Portal, 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 heading ``ACE Protest Module.''
FR Citation81 FR 49685 

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