81_FR_52605 81 FR 52453 - Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Accounts To Establish the Protest Filer Account and Clarification That the Terms and Conditions for Account Access Apply to All ACE Portal Accounts

81 FR 52453 - Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Accounts To Establish the Protest Filer Account and Clarification That the Terms and Conditions for Account Access Apply to All ACE Portal Accounts

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

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52453-52457
FR Document2016-18757

This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) Portal Accounts to establish the ACE Protest Filer Account. After CBP deploys the ACE Protest Module test at a later date, participants with an ACE Protest Filer Account will be able to file an electronic protest in ACE. This document also clarifies that CBP's previously published terms and conditions governing access to and use of the NCAP test of ACE Portal Accounts apply to all ACE Portal Accounts, including all ACE Portal Account types created after the previously published terms and conditions. All other aspects of the ACE Portal Accounts Test remain the same as set forth in previously published Federal Register notices.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016) 
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52453-52457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18757]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of the National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Portal 
Accounts To Establish the Protest Filer Account and Clarification That 
the Terms and Conditions for Account Access Apply to All ACE Portal 
Accounts

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

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning Automated Commercial Environment (ACE) Portal Accounts 
to establish the ACE Protest Filer Account. After CBP deploys the ACE 
Protest Module test at a later date, participants with an ACE Protest 
Filer Account will be able to file an electronic protest in ACE. This 
document also clarifies that CBP's previously published terms and 
conditions governing access to and use of the NCAP test of ACE Portal 
Accounts apply to all ACE Portal Accounts, including all ACE Portal 
Account types created after the previously published terms and 
conditions. All other aspects of the ACE Portal Accounts Test remain 
the same as set forth in previously published Federal Register notices.

DATES: The modifications and clarifications of the ACE Portal Account 
Test made by this notice are effective on August 8, 2016.
    The clarification to the terms and conditions applies to all ACE 
Portal Accounts regardless of when the account was created.

ADDRESSES: Comments concerning this notice and any aspect of the 
modified ACE Portal Account Test may be submitted at any time during 
the testing period via email to Josephine Baiamonte, ACE Business 
Office (ABO), Office of Trade at [email protected]. In 
the subject line of your email, please indicate, ``Comment on ACE 
Portal Account Test FRN''.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
application or requests for an ACE Portal Account, including ACE 
Protest Filer Accounts, contact the ACE Account Service Desk by calling 
1-866-530-4172, selecting option 1, then option 2, or by emailing 
[email protected] for assistance.

SUPPLEMENTARY INFORMATION: 

I. Automated Commercial Environment (ACE)

A. The National Customs Automation Program

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization in the North American 
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization 
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on 
trade compliance and the development of ACE, the planned successor to 
the Automated Commercial System (ACS). ACE is an automated and 
electronic system for commercial trade processing which is intended to 
streamline business processes, facilitate growth in trade, ensure cargo 
security, and foster participation in global commerce, while ensuring 
compliance with U.S. laws and regulations and reducing costs for CBP 
and all of its communities of interest. The ability to meet these 
objectives depends on successfully modernizing

[[Page 52454]]

CBP's business functions and the information technology that supports 
those functions. CBP's modernization efforts are accomplished through 
phased releases of ACE component functionality designed to replace 
specific legacy ACS functions and add new functionality.
    The procedures and criteria applicable to participation in the ACE 
Portal Account Test remain in effect unless otherwise explicitly 
changed by this notice.

B. ACE Portal Accounts

    On May 1, 2002, the former U.S. Customs Service, now CBP, published 
a general notice in the Federal Register (67 FR 21800) announcing a 
plan to conduct an NCAP test of the first phase of ACE. The test was 
described as the first step toward the full electronic processing of 
commercial importations with a focus on defining and establishing an 
importer's account structure. That general notice announced that 
importers and authorized parties would be allowed to access their 
customs data via an Internet-based Portal Account. The notice also set 
forth eligibility criteria for companies interested in establishing ACE 
Portal Accounts.
    Subsequent general notices expanded the types of ACE Portal 
Accounts. On February 4, 2004, CBP published a general notice in the 
Federal Register (69 FR 5360) that established ACE Truck Carrier 
Accounts. On September 8, 2004, CBP published a general notice in the 
Federal Register (69 FR 54302) inviting customs brokers to participate 
in the ACE Portal Account Test generally and informing interested 
parties that once they had been notified by CBP that their request to 
participate in the ACE Portal Account Test had been accepted, they 
would be asked to sign and submit a ``Terms and Conditions'' document. 
CBP subsequently contacted those participants and asked them to also 
sign and submit an ACE Power of Attorney form and an Additional 
Account/Account Owner Information form. On October 18, 2007, CBP 
published a general notice in the Federal Register (72 FR 59105) 
announcing the expansion of the ACE Portal Account Test to include the 
additional following ACE account types: Carriers (all modes: Air, rail, 
sea); Cartman; Lighterman; Driver/Crew; Facility Operator; Filer; 
Foreign Trade Zone (FTZ) Operator; Service Provider; and Surety. More 
recently, on October 21, 2015, CBP published a general notice in the 
Federal Register (80 FR 63817) announcing the creation of the Exporter 
Portal Account.

C. Terms and Conditions for Access to the ACE Portal Account

    On May 16, 2007, CBP published a general notice in the Federal 
Register (72 FR 27632) announcing changes to the terms and conditions 
that must be followed as a condition for access to the ACE Portal 
Account and announcing that the terms and conditions in that notice 
superseded and replaced the ``Terms and Conditions'' document 
previously signed and submitted to CBP by all ACE Portal Account 
Owners. The principal changes to the ACE ``Terms and Conditions'' 
included a revised definition of ``Account Owner'' to permit either an 
individual or a legal entity to serve in this capacity, new 
requirements relating to providing notice to CBP when there has been a 
material change in the status of the Account and/or Account Owner, and 
explanatory provisions as to how the information from a particular 
account may be accessed through the ACE Portal when that account is 
transferred to a new owner. Prior to the publication of the May 16, 
2007 Notice, all parties wishing to establish an ACE Portal Account had 
to sign and submit to CBP a ``Terms and Conditions'' document prior to 
accessing the ACE Portal. The ``Terms and Conditions'' document set 
forth the obligations and responsibilities of all parties establishing 
and accessing an ACE Portal Account. Because the ``Terms and 
Conditions'' document that all ACE Portal Accounts had to execute was 
standard and identical, and due to the burden on the trade to sign and 
submit the document to CBP and on CBP to track and maintain the 
documents submitted, CBP decided to replace the ``Terms and 
Conditions'' document and instead publish the terms and conditions in 
the May 16, 2007 Notice. That notice made the terms and conditions 
therein applicable to all ACE Portal Accounts. The terms and conditions 
published in that notice superseded, replaced and rendered null and 
void all previously signed and submitted ``Terms and Conditions'' 
documents. The terms and conditions set forth in the notice also appear 
on the introductory screen for the ACE Portal and must be accepted by 
any party seeking access to an ACE Portal Account.
    On July 7, 2008, CBP published a general notice in the Federal 
Register (73 FR 38464) which revised the terms and conditions set forth 
in the May 16, 2007 Notice regarding the period of Portal inactivity 
which will result in termination of ACE Portal Account access for the 
inactive user. The July 7, 2008 Notice provided that if forty-five (45) 
consecutive days elapse without an Account Owner, Proxy Account Owner, 
or an Account User accessing the ACE Portal Account, access to the ACE 
Portal Account will be terminated. The time period for allowable ACE 
Portal Account inactivity was previously ninety (90) days.
    The failure of a Proxy Account Owner or an Account User to access 
the ACE Portal for a period of forty-five (45) days consecutively will 
result in the termination of access to the ACE Portal for the Proxy 
Account Owner or Account User. Inactivity will not result in 
termination of the ACE Portal Account, but will terminate ACE Portal 
Account access for the inactive user. Access may be restored by calling 
the Help Desk or by following the ``forgot your password'' prompt found 
on the ACE Portal log-in page. Access may only be restored upon re-
authorization by the Account Owner.

D. ACE Non-Portal Accounts

    CBP has also permitted certain parties to participate in ACE 
without establishing ACE Portal Accounts, i.e., ``Non-Portal 
Accounts''. On October 24, 2005, CBP published a general notice in the 
Federal Register (70 FR 61466) announcing that CBP would no longer 
require importers to establish ACE Portal Accounts in order to deposit 
estimated duties and fees as a part of a Periodic Monthly Statement 
(PMS). CBP decided it would only require importers to establish a Non-
Portal Account to participate in PMS.
    On March 29, 2006, CBP published another general notice in the 
Federal Register (71 FR 15756) announcing that truck carriers who do 
not have ACE Portal Accounts may use third parties to transmit truck 
manifest information on their behalf electronically in the ACE Truck 
Manifest system via Electronic Data Interface (EDI) messaging. Truck 
carriers who elect to use this transmission method will not have access 
to operating data and will not receive status messages on ACE 
transactions, nor will they have access to integrated ACE Portal 
Account data from multiple system sources.

II. Protest

    Pursuant to 19 U.S.C. 1514, certain parties may file a protest to 
challenge a CBP decision regarding the classification, appraisement, 
rate and amount of duties chargeable, certain charges and exactions, 
the exclusion of merchandise, the liquidation of an entry, and the 
refusal to pay a claim for drawback, within 180 days of the date

[[Page 52455]]

of liquidation, i.e., the date on which CBP's decision becomes final. 
The CBP regulations implementing the protest statute are codified in 
part 174 of title 19 of the Code of Federal Regulations (19 CFR 174).
    Parties authorized to file a protest include importers or 
consignees for an entry, or their sureties; persons paying any charge 
or exaction; persons seeking entry or delivery; persons filing a claim 
for drawback; exporters or producers of the merchandise subject to a 
determination of origin under section 202 of the NAFTA Implementation 
Act, if the exporter or producer completed and signed a NAFTA 
Certificate of Origin covering the merchandise; or the authorized agent 
of any of these persons. See 19 CFR 174.12(a). When a protest is filed 
by a person acting as an agent for the principal that agent must have a 
power of attorney that grants authority to the agent to make, sign and 
file a protest on behalf of the protesting party in accordance with 19 
CFR 174.3.

III. Authorization for the ACE Portal Account Test

    The Customs Modernization Act authorizes the Commissioner of CBP to 
conduct limited test programs or procedures designed to evaluate 
planned components of the NCAP. The ACE Portal Account Test, as 
modified in this notice, is authorized pursuant to 19 CFR 101.9(b), 
which provides for the testing of NCAP programs or procedures. See 
Treasury Decision (T.D.) 95-21.

IV. Modification of the ACE Portal Account Test

A. Protest Filer Account

    This document announces the modification of the ACE Portal Account 
Test to establish the Protest Filer Account. CBP will conduct a test of 
the ACE Protest Module functionality at a later date in which a party 
with an established Protest Filer Account will be able to submit an 
electronic protest to ACE for processing by CBP. CBP anticipates 
publishing a subsequent notice in the Federal Register to announce 
initiation of the ACE Protest Module test.
    The owner of an ACE Protest Filer Account will have the ability to 
create and maintain through the ACE Portal information regarding the 
name, address, and contact information for the corporate and individual 
account owner for the Protest Filer Account. Protest filers will use 
the existing account structure established for other accounts within 
the ACE Portal.
    New ACE users without an existing Portal Account will be required 
to apply to establish a new ACE Protest Filer Account, as explained in 
Section B.1 below. An application to establish an ACE Protest Filer 
Account by new ACE users requires the account owner to provide 
information required to complete the account setup process. Existing 
ACE Portal Account owners should follow instructions in Section B.2 
below. Current ACE account holders must request a protest filer account 
view within their existing Portal Account to access the ACE Protest 
Module functions.
    ACE Portal Account Test participants must agree to the previously 
published ``Terms and Conditions for Account Access of the Automated 
Commercial Environment (ACE) Portal,'' as clarified by this notice. See 
72 FR 27632 (May 16, 2007) and 73 FR 38464 (July 7, 2008). New ACE 
users will be prompted to accept these Terms and Conditions during the 
application process. Upon completion of the application process, the 
applicant will receive an email message and be prompted to log in with 
the protest filer's username and password which will create the ACE 
Protest Filer Account. Once an account is created, the protest filer 
will be provided with ``protest filer view'' from the protest filer 
home page.

B. Establishing a Protest Filer Account

1. New ACE Portal Account Owner
    Parties who do not have an ACE Portal Account may apply for a 
Protest Filer Account according to the instructions online at: http://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal. Applicants will be required to complete an on-line application 
and provide the ``Organization Information'' and ``ACE Account Owner'' 
information listed below and certify that the applicant has read and 
agrees to the Terms and Conditions. The account validation process will 
begin once all steps have been completed.
    Organization Information:

(1) Protest Filer Number (Employer Identification Number, Social 
Security Number, or CBP Assigned Number)
(2) Organization Name
(3) Organization Type
(4) End of Fiscal Year (month and day)
(5) Mailing Address

    ACE Account Owner:

(1) Name
(2) Date of Birth
(3) Email Address
(4) Telephone Number
(5) Fax Number (optional)

    Once the applicant completes and submits the Protest Filer Account 
application, the applicant will receive an email message to confirm 
submission of the application and direct the applicant how to log on to 
ACE to complete the account. Applicants who have not received an email 
message within 24 hours should contact the ACE Account Service Desk. 
The ``Application to Use the Automated Commercial Environment'' is an 
approved information collection under OMB control number 1651-0105. 
Comments are currently being accepted concerning the renewal of this 
information collection. See 81 FR 38727 (June 14, 2016).
2. Existing ACE Portal Account Owners
    Parties that have an existing ACE Portal Account may request a 
Protest Filer Account through their established ACE Portal Account. A 
Protest Filer Account may be created under existing accounts by 
navigating to the Protest Filer view under the Accounts tab of the ACE 
Portal (available in all existing ACE Portal Accounts), selecting 
Create a Protest Filer, and following the step by step guided creation 
process to complete the account set up. Additional training materials 
on general account maintenance are available at https://www.cbp.gov/trade/ace/training-and-reference-guides. For additional assistance on 
ACE Accounts, contact the ACE Service Desk.

V. Clarification of the ACE Portal Account Test

    At the time CBP published the May 16, 2007 Notice setting forth the 
terms and conditions governing the administration, access, and use of 
ACE Portal Accounts and the responsibilities and obligations applicable 
to all parties accessing ACE Portal Accounts, there were three types of 
ACE Portal Accounts: Importer; broker; and carrier. Subsequently, CBP 
created additional account types, such as the surety, foreign trade 
zone operator, and exporter accounts, and as established by this 
notice, the Protest Filer Account. This notice clarifies that the terms 
and conditions that CBP has published governing ACE Portal Account 
access and use, and any modifications thereof that CBP publishes, apply 
to all ACE Portal Accounts and account types regardless of when the 
account was established or the account type created. All other aspects 
of the ACE Portal Accounts Test remain the same as set forth in 
previously published Federal Register notices.

[[Page 52456]]

VI. Comments

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

VII. Misconduct Under the Test

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

VIII. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.
     ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
     ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
     Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 
2008).
     ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
     ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).
     ACE Entry Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
     ACE Entry Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
     ACE Entry Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
     Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 
(June 24, 2011).
     ACE Announcement of a New Start Date for the National 
Customs Automation Program Test of Automated Manifest Capabilities for 
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
     ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
     National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Document Image System 
(DIS): 77 FR 20835 (April 6, 2012).
     National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Simplified Entry: 
Modification of Participant Selection Criteria and Application Process: 
77 FR 48527 (August 14, 2012).
     Modification of National Customs Automation Program (NCAP) 
Test Regarding Reconciliation for Filing Certain Post-Importation 
Preferential Tariff Treatment Claims under Certain FTAs: 78 FR 27984 
(May 13, 2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23, 
2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466 
(August 29, 2013).
     Modification of National Customs Automation Program Test 
Concerning Automated Commercial Environment (ACE) Cargo Release 
(formerly known as Simplified Entry): 78 FR 66039 (November 4, 2013).
     Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434 (November 19, 2013).
     National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release to 
Allow Importers and Brokers to Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers: 79 FR 25142 (May 2, 2014).

[[Page 52457]]

     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System: 79 FR 36083 (June 25, 2014).
     Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
     eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond by Filing 
Identification Number, and Email Address Correction: 80 FR 899 (January 
7, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
     Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning ACE Cargo Release for Type 03 Entries and Advanced 
Capabilities for Truck Carriers: 80 FR 16414 (March 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
     National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency Message 
Set through the Automated Commercial Environment (ACE): 80 FR 52051 
(August 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
     International Trade Data System Test Concerning the 
Electronic Submission to the Automated Commercial Environment of Data 
Using the Partner Government Agency Message Set: 80 FR 59721 (October 
2, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo 
Release for Entry Type 52 and Certain Other Modes of Transportation: 80 
FR 63576 (October 20, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry 
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary 
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 
(October 21, 2015).
     Modification of the National Customs Automation Program 
Test Concerning the Automated Commercial Environment Portal Account to 
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding the Toxic Substances 
Control Act (TSCA) Certification Required by the Environmental 
Protection Agency (EPA): 81 FR 7133 (February 10, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings: 81 FR 10264 (February 29, 2016).
     Modification of the National Customs Automation Program 
(NCAP); Test Concerning the Partner Government Agency Message Set for 
Certain Data Required by the Environmental Protection Agency (EPA): 81 
FR 13399 (March 14, 2016).
     Cessation of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 81 FR 
18634 (March 31, 2016).
     Automated Commercial Environment (ACE); Announcement of 
National Customs Automation Program Test of the In-Transit Manifest 
Pilot Program: 81 FR 24837 (April 27, 2016).
     Announcement of National Customs Automation Program (NCAP) 
Test Concerning the Submission through the Automated Commercial 
Environment (ACE) of Certain Import Data and Documents Required by the 
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings Accompanied by Food and Drug Administration (FDA) Data: 81 FR 
30320 (May 16, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Entry and Entry Summary Filings: 81 FR 
32339 (May 23, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing 
Electronic Protests: 81 FR 49685 (July 28, 2016).

    Dated: August 2, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-18757 Filed 8-5-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52453 Agenda: Review of NCAB grant individuals associated with the grant conditions governing access to and use applications. applications, the disclosure of which of the NCAP test of ACE Portal Place: National Institutes of Health, would constitute a clearly unwarranted Accounts apply to all ACE Portal Building 31, C-Wing, 6th Floor, Room 10, invasion of personal privacy. Accounts, including all ACE Portal 9000 Rockville Pike, Bethesda, MD 20892. Contact Person: Paulette S. Gray, Ph.D., Name of Committee: Center for Scientific Account types created after the Director, Division of Extramural Activities, Review Special Emphasis Panel; Member previously published terms and National Cancer Institute—Shady Grove, Conflicts: Consequences of Aging. conditions. All other aspects of the ACE National Institutes of Health, 9609 Medical Date: August 15, 2016. Portal Accounts Test remain the same as Center Drive, Room 7W444, Bethesda, MD Time: 3:30 p.m. to 6:00 p.m. set forth in previously published 20892, 240–276–6340, grayp@mail.nih.gov. Agenda: To review and evaluate grant Federal Register notices. Any interested person may file written applications. Place: National Institutes of Health, 6701 DATES: The modifications and comments with the committee by forwarding the statement to the Contact Person listed on Rockledge Drive, Bethesda, MD 20892 clarifications of the ACE Portal Account this notice. The statement should include the (Telephone Conference Call). Test made by this notice are effective on name, address, telephone number and when Contact Person: Pat Manos, Ph.D., August 8, 2016. applicable, the business or professional Scientific Review Officer, Center for The clarification to the terms and affiliation of the interested person. Scientific Review, National Institutes of conditions applies to all ACE Portal In the interest of security, NIH has Health, 6701 Rockledge Drive, Room 5200, MSC 7846, Bethesda, MD 20892, 301–408– Accounts regardless of when the instituted stringent procedures for entrance account was created. onto the NIH campus. All visitor vehicles, 9866, manospa@csr.nih.gov. including taxicabs, hotel, and airport shuttles This notice is being published less than 15 ADDRESSES: Comments concerning this will be inspected before being allowed on days prior to the meeting due to the timing notice and any aspect of the modified campus. Visitors will be asked to show one limitations imposed by the review and ACE Portal Account Test may be form of identification (for example, a funding cycle. submitted at any time during the testing government-issued photo ID, driver’s license, (Catalogue of Federal Domestic Assistance period via email to Josephine or passport) and to state the purpose of their Program Nos. 93.306, Comparative Medicine; Baiamonte, ACE Business Office (ABO), visit. 93.333, Clinical Research, 93.306, 93.333, Information is also available on the Office of Trade at josephine.baiamonte@ 93.337, 93.393–93.396, 93.837–93.844, Institute’s/Center’s home page, NCAB: http:// 93.846–93.878, 93.892, 93.893, National cbp.dhs.gov. In the subject line of your deainfo.nci.nih.gov/advisory/ncab/ncab.htm, Institutes of Health, HHS) email, please indicate, ‘‘Comment on where an agenda and any additional ACE Portal Account Test FRN’’. Dated: August 2, 2016. information for the meeting will be posted FOR FURTHER INFORMATION CONTACT: For when available. Anna Snouffer, technical questions related to the (Catalogue of Federal Domestic Assistance Deputy Director, Office of Federal Advisory application or requests for an ACE Program Nos. 93.392, Cancer Construction; Committee Policy. Portal Account, including ACE Protest 93.393, Cancer Cause and Prevention [FR Doc. 2016–18687 Filed 8–5–16; 8:45 am] Filer Accounts, contact the ACE Research; 93.394, Cancer Detection and BILLING CODE 4140–01–P Diagnosis Research; 93.395, Cancer Account Service Desk by calling 1–866– Treatment Research; 93.396, Cancer Biology 530–4172, selecting option 1, then Research; 93.397, Cancer Centers Support; option 2, or by emailing ACE.Support@ 93.398, Cancer Research Manpower; 93.399, DEPARTMENT OF HOMELAND cbp.dhs.gov for assistance. Cancer Control, National Institutes of Health, SECURITY SUPPLEMENTARY INFORMATION: HHS) U.S. Customs and Border Protection I. Automated Commercial Environment Dated: August 2, 2016. (ACE) Melanie J. Gray, Modification of the National Customs Program Analyst, Office of Federal Advisory Automation Program (NCAP) Test A. The National Customs Automation Committee Policy. Concerning the Automated Program [FR Doc. 2016–18686 Filed 8–5–16; 8:45 am] Commercial Environment (ACE) Portal The National Customs Automation BILLING CODE 4140–01–P Accounts To Establish the Protest Filer Program (NCAP) was established by Account and Clarification That the Subtitle B of Title VI—Customs Terms and Conditions for Account Modernization in the North American DEPARTMENT OF HEALTH AND Access Apply to All ACE Portal Free Trade Agreement (NAFTA) HUMAN SERVICES Accounts Implementation Act (Customs AGENCY: U.S. Customs and Border Modernization Act) (Pub. L. 103–182, National Institutes of Health 107 Stat. 2057, 2170, December 8, 1993) Protection, Department of Homeland Center for Scientific Review; Notice of Security. (19 U.S.C. 1411). Through NCAP, the Closed Meeting ACTION: General notice. thrust of customs modernization was on trade compliance and the development Pursuant to section 10(d) of the SUMMARY: This document announces of ACE, the planned successor to the Federal Advisory Committee Act, as U.S. Customs and Border Protection’s Automated Commercial System (ACS). amended (5 U.S.C. App.), notice is (CBP’s) plan to modify the National ACE is an automated and electronic hereby given of the following meeting. Customs Automation Program (NCAP) system for commercial trade processing The meeting will be closed to the test concerning Automated Commercial which is intended to streamline public in accordance with the Environment (ACE) Portal Accounts to business processes, facilitate growth in mstockstill on DSK3G9T082PROD with NOTICES provisions set forth in sections establish the ACE Protest Filer Account. trade, ensure cargo security, and foster 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., After CBP deploys the ACE Protest participation in global commerce, while as amended. The grant applications and Module test at a later date, participants ensuring compliance with U.S. laws and the discussions could disclose with an ACE Protest Filer Account will regulations and reducing costs for CBP confidential trade secrets or commercial be able to file an electronic protest in and all of its communities of interest. property such as patentable material, ACE. This document also clarifies that The ability to meet these objectives and personal information concerning CBP’s previously published terms and depends on successfully modernizing VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1

52454 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices CBP’s business functions and the announcing the creation of the Exporter access for the inactive user. The July 7, information technology that supports Portal Account. 2008 Notice provided that if forty-five those functions. CBP’s modernization (45) consecutive days elapse without an C. Terms and Conditions for Access to efforts are accomplished through phased Account Owner, Proxy Account Owner, the ACE Portal Account releases of ACE component or an Account User accessing the ACE functionality designed to replace On May 16, 2007, CBP published a Portal Account, access to the ACE Portal specific legacy ACS functions and add general notice in the Federal Register Account will be terminated. The time new functionality. (72 FR 27632) announcing changes to period for allowable ACE Portal The procedures and criteria the terms and conditions that must be Account inactivity was previously applicable to participation in the ACE followed as a condition for access to the ninety (90) days. Portal Account Test remain in effect ACE Portal Account and announcing The failure of a Proxy Account Owner unless otherwise explicitly changed by that the terms and conditions in that or an Account User to access the ACE this notice. notice superseded and replaced the Portal for a period of forty-five (45) days ‘‘Terms and Conditions’’ document consecutively will result in the B. ACE Portal Accounts previously signed and submitted to CBP termination of access to the ACE Portal On May 1, 2002, the former U.S. by all ACE Portal Account Owners. The for the Proxy Account Owner or Customs Service, now CBP, published a principal changes to the ACE ‘‘Terms Account User. Inactivity will not result general notice in the Federal Register and Conditions’’ included a revised in termination of the ACE Portal definition of ‘‘Account Owner’’ to Account, but will terminate ACE Portal (67 FR 21800) announcing a plan to permit either an individual or a legal Account access for the inactive user. conduct an NCAP test of the first phase entity to serve in this capacity, new Access may be restored by calling the of ACE. The test was described as the requirements relating to providing Help Desk or by following the ‘‘forgot first step toward the full electronic notice to CBP when there has been a your password’’ prompt found on the processing of commercial importations material change in the status of the ACE Portal log-in page. Access may only with a focus on defining and Account and/or Account Owner, and be restored upon re-authorization by the establishing an importer’s account explanatory provisions as to how the Account Owner. structure. That general notice information from a particular account announced that importers and D. ACE Non-Portal Accounts may be accessed through the ACE Portal authorized parties would be allowed to when that account is transferred to a CBP has also permitted certain parties access their customs data via an new owner. Prior to the publication of to participate in ACE without Internet-based Portal Account. The the May 16, 2007 Notice, all parties establishing ACE Portal Accounts, i.e., notice also set forth eligibility criteria wishing to establish an ACE Portal ‘‘Non-Portal Accounts’’. On October 24, for companies interested in establishing Account had to sign and submit to CBP 2005, CBP published a general notice in ACE Portal Accounts. a ‘‘Terms and Conditions’’ document the Federal Register (70 FR 61466) Subsequent general notices expanded prior to accessing the ACE Portal. The announcing that CBP would no longer the types of ACE Portal Accounts. On ‘‘Terms and Conditions’’ document set require importers to establish ACE February 4, 2004, CBP published a forth the obligations and responsibilities Portal Accounts in order to deposit general notice in the Federal Register of all parties establishing and accessing estimated duties and fees as a part of a (69 FR 5360) that established ACE Truck an ACE Portal Account. Because the Periodic Monthly Statement (PMS). CBP Carrier Accounts. On September 8, ‘‘Terms and Conditions’’ document that decided it would only require importers 2004, CBP published a general notice in all ACE Portal Accounts had to execute to establish a Non-Portal Account to the Federal Register (69 FR 54302) was standard and identical, and due to participate in PMS. inviting customs brokers to participate the burden on the trade to sign and On March 29, 2006, CBP published in the ACE Portal Account Test submit the document to CBP and on another general notice in the Federal generally and informing interested CBP to track and maintain the Register (71 FR 15756) announcing that parties that once they had been notified documents submitted, CBP decided to truck carriers who do not have ACE by CBP that their request to participate replace the ‘‘Terms and Conditions’’ Portal Accounts may use third parties to in the ACE Portal Account Test had document and instead publish the terms transmit truck manifest information on been accepted, they would be asked to and conditions in the May 16, 2007 their behalf electronically in the ACE sign and submit a ‘‘Terms and Notice. That notice made the terms and Truck Manifest system via Electronic Conditions’’ document. CBP conditions therein applicable to all ACE Data Interface (EDI) messaging. Truck subsequently contacted those Portal Accounts. The terms and carriers who elect to use this participants and asked them to also sign conditions published in that notice transmission method will not have and submit an ACE Power of Attorney superseded, replaced and rendered null access to operating data and will not form and an Additional Account/ and void all previously signed and receive status messages on ACE Account Owner Information form. On submitted ‘‘Terms and Conditions’’ transactions, nor will they have access October 18, 2007, CBP published a documents. The terms and conditions to integrated ACE Portal Account data general notice in the Federal Register set forth in the notice also appear on the from multiple system sources. (72 FR 59105) announcing the introductory screen for the ACE Portal expansion of the ACE Portal Account and must be accepted by any party II. Protest Test to include the additional following seeking access to an ACE Portal Pursuant to 19 U.S.C. 1514, certain ACE account types: Carriers (all modes: Account. parties may file a protest to challenge a mstockstill on DSK3G9T082PROD with NOTICES Air, rail, sea); Cartman; Lighterman; On July 7, 2008, CBP published a CBP decision regarding the Driver/Crew; Facility Operator; Filer; general notice in the Federal Register classification, appraisement, rate and Foreign Trade Zone (FTZ) Operator; (73 FR 38464) which revised the terms amount of duties chargeable, certain Service Provider; and Surety. More and conditions set forth in the May 16, charges and exactions, the exclusion of recently, on October 21, 2015, CBP 2007 Notice regarding the period of merchandise, the liquidation of an published a general notice in the Portal inactivity which will result in entry, and the refusal to pay a claim for Federal Register (80 FR 63817) termination of ACE Portal Account drawback, within 180 days of the date VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1

Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52455 of liquidation, i.e., the date on which New ACE users without an existing Once the applicant completes and CBP’s decision becomes final. The CBP Portal Account will be required to apply submits the Protest Filer Account regulations implementing the protest to establish a new ACE Protest Filer application, the applicant will receive statute are codified in part 174 of title Account, as explained in Section B.1 an email message to confirm submission 19 of the Code of Federal Regulations below. An application to establish an of the application and direct the (19 CFR 174). ACE Protest Filer Account by new ACE applicant how to log on to ACE to Parties authorized to file a protest users requires the account owner to complete the account. Applicants who include importers or consignees for an provide information required to have not received an email message entry, or their sureties; persons paying complete the account setup process. within 24 hours should contact the ACE any charge or exaction; persons seeking Existing ACE Portal Account owners Account Service Desk. The entry or delivery; persons filing a claim should follow instructions in Section ‘‘Application to Use the Automated for drawback; exporters or producers of B.2 below. Current ACE account holders Commercial Environment’’ is an the merchandise subject to a must request a protest filer account view approved information collection under determination of origin under section within their existing Portal Account to OMB control number 1651–0105. 202 of the NAFTA Implementation Act, access the ACE Protest Module Comments are currently being accepted if the exporter or producer completed functions. concerning the renewal of this and signed a NAFTA Certificate of ACE Portal Account Test participants information collection. See 81 FR 38727 Origin covering the merchandise; or the must agree to the previously published (June 14, 2016). authorized agent of any of these ‘‘Terms and Conditions for Account Access of the Automated Commercial 2. Existing ACE Portal Account Owners persons. See 19 CFR 174.12(a). When a protest is filed by a person acting as an Environment (ACE) Portal,’’ as clarified Parties that have an existing ACE agent for the principal that agent must by this notice. See 72 FR 27632 (May 16, Portal Account may request a Protest have a power of attorney that grants 2007) and 73 FR 38464 (July 7, 2008). Filer Account through their established authority to the agent to make, sign and New ACE users will be prompted to accept these Terms and Conditions ACE Portal Account. A Protest Filer file a protest on behalf of the protesting Account may be created under existing party in accordance with 19 CFR 174.3. during the application process. Upon completion of the application process, accounts by navigating to the Protest III. Authorization for the ACE Portal the applicant will receive an email Filer view under the Accounts tab of the Account Test message and be prompted to log in with ACE Portal (available in all existing ACE the protest filer’s username and Portal Accounts), selecting Create a The Customs Modernization Act Protest Filer, and following the step by authorizes the Commissioner of CBP to password which will create the ACE Protest Filer Account. Once an account step guided creation process to conduct limited test programs or complete the account set up. Additional procedures designed to evaluate is created, the protest filer will be provided with ‘‘protest filer view’’ from training materials on general account planned components of the NCAP. The maintenance are available at https:// ACE Portal Account Test, as modified in the protest filer home page. www.cbp.gov/trade/ace/training-and- this notice, is authorized pursuant to 19 B. Establishing a Protest Filer Account reference-guides. For additional CFR 101.9(b), which provides for the assistance on ACE Accounts, contact the testing of NCAP programs or 1. New ACE Portal Account Owner ACE Service Desk. procedures. See Treasury Decision Parties who do not have an ACE (T.D.) 95–21. Portal Account may apply for a Protest V. Clarification of the ACE Portal Filer Account according to the Account Test IV. Modification of the ACE Portal instructions online at: http:// Account Test www.cbp.gov/trade/automated/getting- At the time CBP published the May A. Protest Filer Account started/using-ace-secure-data-portal. 16, 2007 Notice setting forth the terms Applicants will be required to complete and conditions governing the This document announces the an on-line application and provide the administration, access, and use of ACE modification of the ACE Portal Account ‘‘Organization Information’’ and ‘‘ACE Portal Accounts and the responsibilities Test to establish the Protest Filer Account Owner’’ information listed and obligations applicable to all parties Account. CBP will conduct a test of the below and certify that the applicant has accessing ACE Portal Accounts, there ACE Protest Module functionality at a read and agrees to the Terms and were three types of ACE Portal later date in which a party with an Conditions. The account validation Accounts: Importer; broker; and carrier. established Protest Filer Account will be process will begin once all steps have Subsequently, CBP created additional able to submit an electronic protest to been completed. account types, such as the surety, ACE for processing by CBP. CBP Organization Information: foreign trade zone operator, and anticipates publishing a subsequent (1) Protest Filer Number (Employer exporter accounts, and as established by notice in the Federal Register to Identification Number, Social this notice, the Protest Filer Account. announce initiation of the ACE Protest Security Number, or CBP Assigned This notice clarifies that the terms and Module test. Number) conditions that CBP has published The owner of an ACE Protest Filer (2) Organization Name governing ACE Portal Account access Account will have the ability to create (3) Organization Type and use, and any modifications thereof and maintain through the ACE Portal (4) End of Fiscal Year (month and day) that CBP publishes, apply to all ACE mstockstill on DSK3G9T082PROD with NOTICES information regarding the name, (5) Mailing Address Portal Accounts and account types address, and contact information for the ACE Account Owner: regardless of when the account was corporate and individual account owner (1) Name established or the account type created. for the Protest Filer Account. Protest (2) Date of Birth All other aspects of the ACE Portal filers will use the existing account (3) Email Address Accounts Test remain the same as set structure established for other accounts (4) Telephone Number forth in previously published Federal within the ACE Portal. (5) Fax Number (optional) Register notices. VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1

52456 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices VI. Comments The notice will contain a description of (ACE) Document Image System (DIS): 77 All interested parties are invited to the facts or conduct warranting the FR 20835 (April 6, 2012). immediate action. The test participant • National Customs Automation comment on any aspect of this will be offered the opportunity to appeal Program (NCAP) Tests Concerning modification and clarification of the the Director’s decision within 10 Automated Commercial Environment ACE Portal Account Test for the calendar days of receipt of the written (ACE) Simplified Entry: Modification of duration of the test. CBP requests notice providing for immediate Participant Selection Criteria and comments and feedback on all aspects discontinuance. The appeal must be Application Process: 77 FR 48527 of this test and this clarification in order submitted to the Executive Director, (August 14, 2012). to determine whether to modify, alter, • Modification of National Customs expand, limit, continue, end, or fully ABO, Office of Trade, by emailing Deborah.Augustin@cbp.dhs.gov. The Automation Program (NCAP) Test implement this test. Regarding Reconciliation for Filing immediate discontinuance will remain VII. Misconduct Under the Test in effect during the appeal period. The Certain Post-Importation Preferential A test participant may be subject to Executive Director will issue a decision Tariff Treatment Claims under Certain civil and criminal penalties, in writing on the discontinuance within FTAs: 78 FR 27984 (May 13, 2013). 15 working days after receiving a timely • Modification of Two National administrative sanctions, liquidated filed appeal from the test participant. If Customs Automation Program (NCAP) damages, or discontinuance from no timely appeal is received, the notice Tests Concerning Automated participation in the ACE Portal Account becomes the final decision of the Commercial Environment (ACE) Test, as modified by this notice, for any Agency as of the date that the appeal Document Image System (DIS) and of the following: period expires. Simplified Entry (SE): 78 FR 44142 (July (1) Failure to follow the terms and 23, 2013). conditions of this test; VIII. Development of ACE Prototypes • Modification of Two National (2) Failure to exercise reasonable care Customs Automation Program (NCAP) in the execution of participant A chronological listing of Federal Register publications detailing ACE test Tests Concerning Automated obligations; Commercial Environment (ACE) (3) Failure to abide by applicable laws developments is set forth below. • ACE Portal Accounts and Document Image System (DIS) and and regulations that have not been Simplified Entry (SE); Correction: 78 FR waived; or Subsequent Revision Notices: 67 FR 21800 (May 1, 2002); 69 FR 5360 and 69 53466 (August 29, 2013). (4) Failure to deposit duties, taxes or • Modification of National Customs fees in a timely manner. FR 5362 (February 4, 2004); 69 FR 54302 (September 8, 2004); 70 FR 5199 Automation Program Test Concerning If the Director, Business Automated Commercial Environment Transformation Division, ACE Business (February 1, 2005). • ACE System of Records Notice: 71 (ACE) Cargo Release (formerly known as Office (ABO), Office of Trade, finds that Simplified Entry): 78 FR 66039 there is a basis for discontinuance of test FR 3109 (January 19, 2006). • Terms/Conditions for Access to the (November 4, 2013). participation privileges, the test • Post-Summary Corrections to Entry participant will be provided a written ACE Portal and Subsequent Revisions: Summaries Filed in ACE Pursuant to the notice proposing the discontinuance 72 FR 27632 (May 16, 2007); 73 FR ESAR IV Test: Modifications and with a description of the facts or 38464 (July 7, 2008). Clarifications: 78 FR 69434 (November conduct warranting the action. The test • ACE Non-Portal Accounts and 19, 2013). participant will be offered the Related Notice: 70 FR 61466 (October • National Customs Automation opportunity to appeal the Director’s 24, 2005); 71 FR 15756 (March 29, Program (NCAP) Test Concerning the decision in writing within 10 calendar 2006). Submission of Certain Data Required by days of receipt of the written notice. The • ACE Entry Summary, Accounts and the Environmental Protection Agency appeal must be submitted to the Revenue (ESAR I) Capabilities: 72 FR and the Food Safety and Inspection Executive Director, ABO, Office of 59105 (October 18, 2007). Service Using the Partner Government Trade, by emailing Deborah.Augustin@ • ACE Entry Summary, Accounts and Agency Message Set Through the cbp.dhs.gov. Revenue (ESAR II) Capabilities: 73 FR Automated Commercial Environment The Executive Director will issue a 50337 (August 26, 2008); 74 FR 9826 (ACE): 78 FR 75931 (December 13, decision in writing on the proposed (March 6, 2009). 2013). action within 30 working days after • ACE Entry Summary, Accounts and • Modification of National Customs receiving a timely filed appeal from the Revenue (ESAR III) Capabilities: 74 FR Automation Program (NCAP) Test test participant. If no timely appeal is 69129 (December 30, 2009). Concerning Automated Commercial received, the proposed notice becomes • ACE Entry Summary, Accounts and Environment (ACE) Cargo Release for the final decision of the Agency as of Revenue (ESAR IV) Capabilities: 76 FR Ocean and Rail Carriers: 79 FR 6210 the date that the appeal period expires. 37136 (June 24, 2011). (February 3, 2014). A proposed discontinuance of a test • Post-Entry Amendment (PEA) • Modification of National Customs participant’s privileges will not take Processing Test: 76 FR 37136 (June 24, Automation Program (NCAP) Test effect unless the appeal process under 2011). Concerning Automated Commercial this paragraph has been concluded with • ACE Announcement of a New Start Environment (ACE) Cargo Release to a written decision adverse to the test Date for the National Customs Allow Importers and Brokers to Certify participant. Automation Program Test of Automated From ACE Entry Summary: 79 FR 24744 mstockstill on DSK3G9T082PROD with NOTICES In the case of willfulness or those in Manifest Capabilities for Ocean and Rail (May 1, 2014). which public health, interest, or safety Carriers: 76 FR 42721 (July 19, 2011). • Modification of National Customs so requires, the Director, Business • ACE Simplified Entry: 76 FR 69755 Automation Program (NCAP) Test Transformation Division, ABO, Office of (November 9, 2011). Concerning Automated Commercial Trade, may immediately discontinue the • National Customs Automation Environment (ACE) Cargo Release for test participant’s privileges upon Program (NCAP) Tests Concerning Truck Carriers: 79 FR 25142 (May 2, written notice to the test participant. Automated Commercial Environment 2014). VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1

Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52457 • Modification of National Customs Vessel Cargo Test: 80 FR 50644 (August • Modification of the National Automation Program (NCAP) Test 20, 2015). Customs Automation Program (NCAP); Concerning Automated Commercial • Modification of National Customs Test Concerning the Partner Environment (ACE) Document Image Automation Program (NCAP) Test Government Agency Message Set for System: 79 FR 36083 (June 25, 2014). Concerning the Submission of Certain Certain Data Required by the • Announcement of eBond Test: 79 Data Required by the Food and Drug Environmental Protection Agency FR 70881 (November 28, 2014). Administration (FDA) Using the Partner (EPA): 81 FR 13399 (March 14, 2016). • eBond Test Modifications and Government Agency Message Set • Cessation of National Customs Clarifications: Continuous Bond through the Automated Commercial Automation Program (NCAP) Test Executed Prior to or Outside the eBond Environment (ACE): 80 FR 52051 Concerning the Submission of Certain Test May Be Converted to an eBond by (August 27, 2015). Data Required by the Food and Drug the Surety and Principal, Termination of • Automated Commercial Administration (FDA) Using the Partner an eBond by Filing Identification Environment (ACE) Export Manifest for Government Agency (PGA) Message Set Number, and Email Address Correction: Rail Cargo Test: 80 FR 54305 Through the Automated Commercial 80 FR 899 (January 7, 2015). (September 9, 2015). Environment (ACE): 81 FR 18634 • Modification of National Customs • International Trade Data System (March 31, 2016). Automation Program (NCAP) Test Test Concerning the Electronic • Automated Commercial Concerning Automated Commercial Submission to the Automated Environment (ACE); Announcement of Environment (ACE) Document Image Commercial Environment of Data Using National Customs Automation Program System Relating to Animal and Plant the Partner Government Agency Test of the In-Transit Manifest Pilot Health Inspection Service (APHIS) Message Set: 80 FR 59721 (October 2, Program: 81 FR 24837 (April 27, 2016). Document Submissions: 80 FR 5126 2015). • Announcement of National • Modification of the National Customs Automation Program (NCAP) (January 30, 2015). Customs Automation Program (NCAP) Test Concerning the Submission • Modification of National Customs Test Concerning the Automated through the Automated Commercial Automation Program (NCAP) Test Commercial Environment (ACE) Environment (ACE) of Certain Import Concerning the use of Partner Document Image System (DIS) Data and Documents Required by the Government Agency Message Set Regarding Future Updates and New U.S. Fish and Wildlife Service: 81 FR through the Automated Commercial Method of Submission of Accepted 27149 (May 5, 2016). Environment (ACE) for the Submission of Certain Data Required by the Documents: 80 FR 62082 (October 15, • Notice Announcing the Automated 2015). Commercial Environment (ACE) as the Environmental Protection Agency • Modification of the National (EPA): 80 FR 6098 (February 4, 2015). Sole CBP-Authorized Electronic Data Customs Automation Program (NCAP) Interchange (EDI) System for Processing • Announcement of Modification of Test Concerning the Automated ACE Cargo Release Test to Permit the Certain Electronic Entry and Entry Commercial Environment (ACE) Cargo Summary Filings Accompanied by Food Combined Filing of Cargo Release and Release for Entry Type 52 and Certain Importer Security Filing (ISF) Data: 80 and Drug Administration (FDA) Data: 81 Other Modes of Transportation: 80 FR FR 30320 (May 16, 2016). FR 7487 (February 10, 2015). 63576 (October 20, 2015). • Notice Announcing the Automated • Modification of National Customs • Modification of the National Commercial Environment (ACE) as the Automation Program (NCAP) Test Customs Automation Program (NCAP) Sole CBP-Authorized Electronic Data Concerning ACE Cargo Release for Type Test Concerning the Automated Interchange (EDI) System for Processing 03 Entries and Advanced Capabilities Commercial Environment (ACE) Entry Electronic Entry and Entry Summary for Truck Carriers: 80 FR 16414 (March Summary, Accounts and Revenue Filings: 81 FR 32339 (May 23, 2016). 27, 2015). (ESAR) Test of Automated Entry • Notice Announcing the Automated • Automated Commercial Summary Types 51 and 52 and Certain Commercial Environment (ACE) Protest Environment (ACE) Export Manifest for Modes of Transportation: 80 FR 63815 Module as the Sole CBP-Authorized Air Cargo Test: 80 FR 39790 (July 10, (October 21, 2015). Method for Filing Electronic Protests: 81 2015). • Modification of the National FR 49685 (July 28, 2016). • National Customs Automation Customs Automation Program Test Program (NCAP) Concerning Remote Dated: August 2, 2016. Concerning the Automated Commercial Location Filing Entry Procedures in the Brenda B. Smith, Environment Portal Account to Automated Commercial Environment Establish the Exporter Portal Account: Executive Assistant Commissioner, Office of (ACE) and the Use of the Document Trade. 80 FR 63817 (October 21, 2015). Image System for the Submission of • Modification of National Customs [FR Doc. 2016–18757 Filed 8–5–16; 8:45 am] Invoices and the Use of eBonds for the Automation Program (NCAP) Test BILLING CODE P Transmission of Single Transaction Concerning the Automated Commercial Bonds: 80 FR 40079 (July 13, 2015). Environment (ACE) Partner Government • Modification of National Customs Agency (PGA) Message Set Regarding DEPARTMENT OF THE INTERIOR Automation Program (NCAP) Test the Toxic Substances Control Act Concerning the Automated Commercial (TSCA) Certification Required by the Bureau of Indian Affairs Environment (ACE) Partner Government Environmental Protection Agency [K00103 12/13 A3A10; 134D0102DR– Agency (PGA) Message Set Regarding (EPA): 81 FR 7133 (February 10, 2016). mstockstill on DSK3G9T082PROD with NOTICES DS5A300000–DR.5A311.IA000113] Types of Transportation Modes and • Notice Announcing the Automated Certain Data Required by the National Commercial Environment (ACE) as the Advisory Board for Exceptional Highway Traffic Safety Administration Sole CBP-Authorized Electronic Data Children (NHTSA): 80 FR 47938 (August 10, Interchange (EDI) System for Processing AGENCY: Bureau of Indian Affairs, 2015). Certain Electronic Entry and Entry Interior. • Automated Commercial Summary Filings: 81 FR 10264 ACTION: Notice of meeting. Environment (ACE) Export Manifest for (February 29, 2016). VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1


Document Created: 2016-08-06 03:08:25
Document Modified: 2016-08-06 03:08:25
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 modifications and clarifications of the ACE Portal Account Test made by this notice are effective on August 8, 2016.
ContactFor technical questions related to the application or requests for an ACE Portal Account, including ACE Protest Filer Accounts, contact the ACE Account Service Desk by calling 1-866-530-4172, selecting option 1, then option 2, or by emailing [email protected] for assistance.
FR Citation81 FR 52453 
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