81_FR_53653 81 FR 53497 - National Customs Automation Program (NCAP) Test Concerning Electronic Filing of Protests in the Automated Commercial Environment (ACE)

81 FR 53497 - National Customs Automation Program (NCAP) Test Concerning Electronic Filing of Protests in the Automated Commercial Environment (ACE)

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

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53497-53501
FR Document2016-19267

This document announces U.S. Customs and Border Protection's (CBP's) plan to conduct a National Customs Automation Program (NCAP) test to assess new functionalities related to the electronic filing and processing of protests and new notification procedures for protests filed electronically in the Automated Commercial Environment (ACE). During the test, participants will be able to submit additional arguments and supporting information electronically, with their electronic protest in ACE. In addition, participants will be able to submit requests for further review, requests for accelerated disposition, requests to set aside denial of further review, and requests to void denial of a protest electronically in ACE. This notice also announces the testing of electronic protest status notifications from CBP. The test will be known as the ACE Protest Test.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53497-53501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19267]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


National Customs Automation Program (NCAP) Test Concerning 
Electronic Filing of Protests in the Automated Commercial Environment 
(ACE)

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

ACTION: General notice.

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

SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to conduct a National Customs Automation Program (NCAP) 
test to assess new functionalities related to the electronic filing and 
processing of protests and new notification procedures for protests 
filed electronically in the Automated Commercial Environment (ACE). 
During the test, participants will be able to submit additional 
arguments and supporting information electronically, with their 
electronic protest in ACE. In addition, participants will be able to 
submit requests for further review, requests for accelerated 
disposition, requests to set aside denial of further review, and 
requests to void denial of a protest electronically in ACE. This notice 
also announces the testing of electronic protest status notifications 
from CBP. The test will be known as the ACE Protest Test.

DATES: The ACE Protest Test will commence on August 29, 2016, and will 
continue until concluded by a notice published in the Federal Register. 
Comments concerning this notice and any aspect of the test may be 
submitted at any time during the test to the address set forth below.

ADDRESSES: Comments concerning this notice and any aspect of the ACE 
Protest Test may be submitted at any time during the testing period via 
email to Josephine Baiamonte, ACE Business Office (ABO), Office of 
Trade at josephine.baiamonte@cbp.dhs.gov. In the subject line of your 
email, please indicate, ``Comment on ACE Protest 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 
ACE.Support@cbp.dhs.gov for assistance.

SUPPLEMENTARY INFORMATION:

I. 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 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 the Automated Commercial Environment 
(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 U.S. Customs and Border 
Protection (CBP) and all of its communities of interest. The ability to 
meet these objectives depends on successfully modernizing CBP's 
business functions and the information technology that supports those 
functions. CBP's modernization efforts are accomplished through phased

[[Page 53498]]

releases of ACE component functionality designed to replace specific 
legacy ACS functions and add new functionality.
    Sections 514 and 515 of the Tariff Act of 1930, as amended (19 
U.S.C. 1514 and 1515), provide procedures for protesting certain 
decisions made by CBP. Section 645 of the Customs Modernization 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. The CBP regulations governing protests are found in 
part 174 of Title 19 of the Code of Federal Regulations (19 CFR part 
174).

II. Authorization for the ACE Protest 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 Protest Test 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.

III. Electronic Protest Program

A. ACS Protest Filing

    The electronic filing and status of protests is a planned component 
of the NCAP, authorized by section 411 of the Tariff Act of 1930, as 
amended by section 631 of the Customs Modernization Act. See 19 U.S.C. 
1411(a)(2)(A). The U.S. Customs Service, the legacy agency of CBP, 
previously tested and deployed electronic protest filing using the 
Automated Broker Interface (ABI) to transmit a protest to ACS. See, 
e.g., 65 FR 39224 (June 23, 2000).
    On January 14, 2011, CBP published a Final Rule in the Federal 
Register (76 FR 2573) making technical corrections to the protest 
regulations in 19 CFR part 174 and related provisions in Title 19 of 
the CFR. The rule amended section 174.12(b) to conform to section 
514(c)(1) of the Tariff Act of 1930, as modified by the Customs 
Modernization Act, allowing a protest to be transmitted electronically 
to the electronic data interchange system authorized by CBP for that 
purpose.

B. ACE Protest

    CBP has developed the ACE Protest Module to replace electronic 
protest filing in ACS. The ACE Protest Module is an internet-based 
processing module, which allows any person with a Protest Filer Account 
in the ACE Portal to file a protest and supporting documentation 
electronically, monitor the status of the filer's electronic protest, 
and receive CBP notifications and messages regarding the protest. CBP 
has modified the ACE Portal Account Test to establish the Protest Filer 
Account. See 81 FR 52453 (August 8, 2016). Parties wishing to file an 
electronic protest will need to establish and maintain an ACE Portal 
Account, as specified in that notice.
    In addition, on July 28, 2016, CBP published a notice in the 
Federal Register announcing that the ACE Protest Module will be the 
sole electronic method authorized by the Commissioner of CBP for filing 
electronic protests. See 81 FR 49685 (July 28, 2016). That notice also 
announced that CBP will no longer accept protests filed through ABI to 
ACS. Upon the effective date of that notice, ACE will replace ACS as 
the authorized electronic data interchange system for filing protests 
electronically. Pursuant to 19 CFR 174.12(b), protest filers are 
authorized to transmit their protest electronically to ACE.

IV. Test Participation Criteria

    CBP is conducting a test of the ACE Protest Module, to assess new 
functionalities related to the electronic filing and processing of 
protests and new notification procedures for protests filed 
electronically in ACE. Any party who wishes to participate in this test 
may do so as long as it has a Protest Filer Account. Participation in 
this test is not confidential information and CBP may disclose the 
name(s) of participants. When a participant in the ACE Protest Test 
files a protest in ACE, the entire protest process will be fully 
automated and must be completed in ACE, with the exception of a request 
for accelerated disposition, which must be sent by registered or 
certified mail as required under 19 U.S.C. 1515(b). Once a test 
participant files a protest as part of this test, the protest filer 
agrees to the test procedures below for all subsequent actions 
regarding the protest. For test participants, CBP will waive certain 
regulations pertaining to protest filing, as described below. Except 
where otherwise specified by this notice, the CBP regulations 
concerning the filing of a protest remain the same.

A. Power of Attorney and Certification

    The regulations governing the ability to file a protest on behalf 
of another person are codified at 19 CFR 174.3. For participants in the 
ACE Protest Test, rather than submitting a power of attorney, the 
protest filer will be required to check a box affirming the following 
statement:

    I certify that I am authorized to file this protest, that such 
authority has been granted by a duly and properly executed Power of 
Attorney where one is required, that all the information, statements 
and assertions herein are true and correct to the best of my 
knowledge and belief, and that this protest complies with all 
applicable regulations.

    A protest filer will not be able to submit a protest electronically 
unless the box next to the certification statement is checked. The 
protest filer must maintain a copy of the power of attorney to provide 
to CBP upon request.

B. Identity of Filer

    The CBP regulations require that a protest include the name of the 
person filing the protest, or his agent or attorney. See 19 CFR 
174.12(c). Participants in the ACE Protest Test should identify the 
person filing the protest through the Protest Filer Account. 
Information identifying the filer of the protest, as required by 
section 174.12(c), will be collected at the time the protest filer 
establishes an account. In addition, the Protest Filer will be required 
to enter the capacity in which it is filing, by selecting a ``filer 
type'' (e.g., attorney, broker, importer/consignee, or surety).

C. Place of Filing

    The CBP regulations require a protest to be filed with the port 
director whose decision is being protested. See 19 CFR 174.12(d). 
Delegation Order Number 14-004, effective on September 11, 2014, 
delegates concurrent trade authority to the port directors and the 
directors of the Centers of Excellence & Expertise (CEE). As a result, 
a protest may be submitted to either the port director or the director 
of the filer's assigned CEE. For participants in the ACE Protest Test, 
electronic protests will be filed in the ACE Protest Module instead. 
Protests filed electronically through the module will be routed to the 
CBP port, CEE, or other office responsible for the decision that is the 
subject of the protest.

D. Date of Filing

    The CBP regulations state that the date of filing of a protest is 
the date on which the protest is received by the Customs officer with 
whom it is required to be filed. See 19 CFR 174.12(f). For electronic 
filings, the date of filing for claims or information (including a 
protest, protest amendment, request to set aside denial of further 
review, and request to void denial of a protest) will be the date on 
which the protest is received by the ACE Protest Module. The date of 
filing in the ACE Protest Module will be

[[Page 53499]]

determined based on midnight Eastern Standard Time (EST). This means 
that, to be considered timely, an electronic filing in the ACE Protest 
Module must be received by 11:59 p.m. (EST) on the final day of the 
filing period. The protest filer and any other designated parties will 
receive an electronic message confirming receipt of a protest filing in 
ACE.

E. Amendment of Protests

    The Protest Filer may amend an electronic protest according to the 
requirements set forth in section 174.14. As required under 19 CFR 
174.14(b), when a Protest Filer files a protest electronically, any 
amendment to such protest must be made electronically through the ACE 
Protest Module. As a result, for participants in the ACE Protest Test, 
the place of filing of an amendment to a protest filed in ACE will be 
the ACE Protest Module, rather than the port director with whom the 
protest was filed. See 19 CFR 174.14(e). The date of filing of an 
amendment to an ACE Protest will be the date on which the protest 
amendment is received by the ACE Protest Module. The date of filing in 
the ACE Protest Module will be determined by the time of receipt of the 
amendment in ACE based on midnight Eastern Standard Time. The Protest 
Filer and any other designated parties will receive an electronic 
message confirming receipt of an amendment made to an electronic 
protest.

F. Accelerated Disposition

    Under 19 U.S.C. 1515(b), a request for accelerated disposition must 
be sent by registered or certified mail. If the Protest Filer intends 
to request accelerated disposition for a protest, the request must be 
sent by registered or certified mail to the port director or other CBP 
officer whose decision is protested. See 19 CFR 174.12(d) and 
174.22(a). Test participants are also required to check a box in the 
ACE Protest Module indicating a request was properly mailed. When 
making a request for accelerated disposition the Protest Filer must 
check a box affirming that the Protest Filer has filed the request for 
accelerated disposition by registered or certified mail:

    I certify that I have sent a request for Accelerated Disposition 
by Certified or Registered United States Mail, and I understand that 
by requesting accelerated disposition this protest will be deemed 
denied within 30 days of the request if it is not decided by CBP 
before the end of the 30 day period, and that any lawsuit filed in 
the United States Court of International Trade contesting the deemed 
denial of this protest is barred unless commenced within 180 days of 
the date of the deemed denial.

    The date of the request for accelerated disposition will be based 
on the date of the mailing. The Protest Filer may electronically 
withdraw a request for accelerated disposition of a protest filed 
through the ACE Protest Module any time prior to the 30 days after the 
date of the request or the CBP decision on the protest, whichever comes 
first.

G. Further Review

    In lieu of filing an application for further review (AFR) on 
Customs Form 19, pursuant to 19 CFR 174.25, test participants may 
submit an AFR concurrently with the protest in the ACE Protest Module. 
When a protest is filed through the ACE Protest Module, the Protest 
Filer must use the module to submit the AFR. When a Protest Filer 
applies for further review, the filer must check a box to answer 
``yes'' or ``no'' to the following questions:

    Have you made prior request of a port director for a further 
review of the same claim with respect to the same or substantially 
similar merchandise?
    Have you received a final adverse decision from the U.S. Court 
of International Trade on the same claim with respect to the same 
category of merchandise or do you have an action involving such a 
claim pending before the U.S. Court of International Trade?
    Have you previously received an adverse administrative decision 
from the Commissioner of CBP or his designee or have you presently 
pending an application for an administrative decision on the same 
claim with respect to the same category of merchandise?

    The ACE Protest Module will not accept a protest with an AFR unless 
the Protest Filer answers these three questions and provides a written 
justification. The written justification must be entered in the text 
box provided or uploaded separately.

H. Additional Arguments

    A reviewing officer may consider alternative claims and additional 
grounds or arguments submitted by the protesting party. See 19 CFR 
174.28. For purposes of the ACE Protest Test, participants may use the 
ACE Protest Module to submit alternative claims and additional grounds 
or arguments any time prior to the disposition of the protest. When a 
protest is filed through the ACE Protest Module, the Protest Filer must 
use the module to submit additional arguments unless such information 
is incapable of electronic submission, e.g., samples of imported 
merchandise.

I. Submission of Additional Information and Protest Withdrawal

    When a protest is filed through the ACE Protest Module, the Protest 
Filer must use the module to submit additional information requested by 
CBP unless such information is incapable of electronic submission, 
e.g., samples of imported merchandise. Any request to withdraw a 
protest submitted through the ACE Protest Module must be submitted 
electronically through the module.

J. Request To Set Aside Denial of Further Review

    A Protest Filer seeking to file a request to set aside CBP's denial 
of further review under 19 U.S.C. 1515(c) must use the ACE Protest 
Module when the underlying protest was filed through the ACE Protest 
Module. A request will be considered filed with the appropriate CBP 
officer if it is filed in the ACE Protest Module within 60 days after 
the date of the protest denial. As noted above, the date of filing in 
the ACE Protest Module will be determined by the time of receipt of the 
request for setting aside of the denial of further review in ACE based 
on midnight Eastern Standard Time. If CBP fails to act on the request 
to set aside the denial of further review within 60 days from the time 
of filing, the request will be considered denied and the Protest Filer 
will receive a courtesy electronic notification.

K. Request To Void Denial of a Protest

    A Protest Filer seeking to file a request to void the denial of a 
protest under 19 U.S.C. 1515(d) must use the ACE Protest Module when 
the underlying protest was filed through the ACE Protest Module. A 
request will be considered filed with the appropriate CBP office if it 
is filed in the ACE Protest Module within 90 days after the date of the 
protest denial. The date of filing of a request will be the date on 
which the request is received by the ACE Protest Module. As noted 
above, the date of filing in the ACE Protest Module will be determined 
by the time of receipt of the request in ACE based on midnight Eastern 
Standard Time.

L. Messaging

    ACE will generate and send automated messages to notify the Protest 
Filer and any other designated parties of changes in the status of the 
protest and decisions made by CBP regarding the protest. These messages 
will advise the parties when CBP has received the: Protest; request for 
accelerated disposition; additional arguments; application for further 
review; protest

[[Page 53500]]

amendment; request to set aside denial of further review; request to 
withdraw a protest; or request to void the denial of a protest. In 
addition, rather than mailing a notice of denial of the protest 
pursuant to 19 CFR 174.30, for protests filed electronically, ACE will 
notify designated parties of actions taken by CBP electronically, 
including CBP's decision to suspend, grant, or deny a protest.

V. Comments

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

VII. 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 NCAP Test Regarding Reconciliation for 
Filing Certain Post-Importation Preferential Tariff Treatment Claims 
under Certain FTAs: 78 FR 27984 (May 13, 2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23, 
2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466 
(August 29, 2013).
     Modification of NCAP Test Concerning Automated Commercial 
Environment (ACE) Cargo Release (formerly known as Simplified Entry): 
78 FR 66039 (November 4, 2013).
     Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434 (November 19, 2013).
     National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release to 
Allow Importers and Brokers to Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers: 79 FR 25142 (May 2, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System: 79 FR 36083 (June 25, 2014).
     Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
     eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond by Filing 
Identification Number, and Email Address Correction: 80 FR 899 (January 
7, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
     Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
     Modification of NCAP Test Concerning ACE Cargo Release for 
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR 
16414 (March 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
     National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
     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

[[Page 53501]]

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).
     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 Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency: 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) Tests 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, 2015).
     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).
     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 (August 8, 2016).

    Dated: August 9, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-19267 Filed 8-11-16; 8:45 am]
BILLING CODE 9111-14-P



                                                                                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                             53497



                                                                                                                                                                                      Corporate overpayments
                                                                                                                            Under-payments                  Over-payments
                                                         Beginning date                     Ending date                                                                                    (Eff. 1–1–99)
                                                                                                                               (percent)                      (percent)                      (percent)

                                                                        040196                            063096                                   8                              7
                                                                        070196                            033198                                   9                              8
                                                                        040198                            123198                                   8                              7
                                                                        010199                            033199                                   7                              7                            6
                                                                        040199                            033100                                   8                              8                            7
                                                                        040100                            033101                                   9                              9                            8
                                                                        040101                            063001                                   8                              8                            7
                                                                        070101                            123101                                   7                              7                            6
                                                                        010102                            123102                                   6                              6                            5
                                                                        010103                            093003                                   5                              5                            4
                                                                        100103                            033104                                   4                              4                            3
                                                                        040104                            063004                                   5                              5                            4
                                                                        070104                            093004                                   4                              4                            3
                                                                        100104                            033105                                   5                              5                            4
                                                                        040105                            093005                                   6                              6                            5
                                                                        100105                            063006                                   7                              7                            6
                                                                        070106                            123107                                   8                              8                            7
                                                                        010108                            033108                                   7                              7                            6
                                                                        040108                            063008                                   6                              6                            5
                                                                        070108                            093008                                   5                              5                            4
                                                                        100108                            123108                                   6                              6                            5
                                                                        010109                            033109                                   5                              5                            4
                                                                        040109                            123110                                   4                              4                            3
                                                                        010111                            033111                                   3                              3                            2
                                                                        040111                            093011                                   4                              4                            3
                                                                        100111                            033116                                   3                              3                            2
                                                                        040116                            093016                                   4                              4                            3



                                                    Dated: August 8, 2016.                                addition, participants will be able to                option 2, or by emailing ACE.Support@
                                                  R. Gil Kerlikowske,                                     submit requests for further review,                   cbp.dhs.gov for assistance.
                                                  Commissioner.                                           requests for accelerated disposition,                 SUPPLEMENTARY INFORMATION:
                                                  [FR Doc. 2016–19167 Filed 8–11–16; 8:45 am]             requests to set aside denial of further
                                                                                                          review, and requests to void denial of a              I. The National Customs Automation
                                                  BILLING CODE 9111–14–P
                                                                                                          protest electronically in ACE. This                   Program
                                                                                                          notice also announces the testing of                     The National Customs Automation
                                                  DEPARTMENT OF HOMELAND                                  electronic protest status notifications               Program (NCAP) was established by
                                                  SECURITY                                                from CBP. The test will be known as the               Subtitle B of Title VI—Customs
                                                                                                          ACE Protest Test.                                     Modernization in the North American
                                                  U.S. Customs and Border Protection                                                                            Free Trade Agreement Implementation
                                                                                                          DATES:  The ACE Protest Test will
                                                                                                          commence on August 29, 2016, and will                 Act (Customs Modernization Act) (Pub.
                                                  National Customs Automation                                                                                   L. 103–182, 107 Stat. 2057, 2170,
                                                  Program (NCAP) Test Concerning                          continue until concluded by a notice
                                                                                                          published in the Federal Register.                    December 8, 1993) (19 U.S.C. 1411).
                                                  Electronic Filing of Protests in the                                                                          Through NCAP, the thrust of customs
                                                  Automated Commercial Environment                        Comments concerning this notice and
                                                                                                          any aspect of the test may be submitted               modernization was on trade compliance
                                                  (ACE)                                                                                                         and the development of the Automated
                                                                                                          at any time during the test to the
                                                  AGENCY:  U.S. Customs and Border                        address set forth below.                              Commercial Environment (ACE), the
                                                  Protection, Department of Homeland                                                                            planned successor to the Automated
                                                                                                          ADDRESSES:   Comments concerning this                 Commercial System (ACS). ACE is an
                                                  Security.
                                                                                                          notice and any aspect of the ACE Protest              automated and electronic system for
                                                  ACTION: General notice.                                 Test may be submitted at any time                     commercial trade processing which is
                                                  SUMMARY:    This document announces                     during the testing period via email to                intended to streamline business
                                                  U.S. Customs and Border Protection’s                    Josephine Baiamonte, ACE Business                     processes, facilitate growth in trade,
                                                  (CBP’s) plan to conduct a National                      Office (ABO), Office of Trade at                      ensure cargo security, and foster
                                                  Customs Automation Program (NCAP)                       josephine.baiamonte@cbp.dhs.gov. In                   participation in global commerce, while
                                                  test to assess new functionalities related              the subject line of your email, please                ensuring compliance with U.S. laws and
                                                  to the electronic filing and processing of              indicate, ‘‘Comment on ACE Protest                    regulations and reducing costs for U.S.
                                                  protests and new notification                           Test FRN.’’                                           Customs and Border Protection (CBP)
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                                                  procedures for protests filed                           FOR FURTHER INFORMATION CONTACT:   For                and all of its communities of interest.
                                                  electronically in the Automated                         technical questions related to the                    The ability to meet these objectives
                                                  Commercial Environment (ACE). During                    application or requests for an ACE                    depends on successfully modernizing
                                                  the test, participants will be able to                  Portal Account, including ACE Protest                 CBP’s business functions and the
                                                  submit additional arguments and                         Filer Accounts, contact the ACE                       information technology that supports
                                                  supporting information electronically,                  Account Service Desk by calling 1–866–                those functions. CBP’s modernization
                                                  with their electronic protest in ACE. In                530–4172, selecting option 1, then                    efforts are accomplished through phased


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                                                  53498                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  releases of ACE component                               electronically, monitor the status of the               I certify that I am authorized to file this
                                                  functionality designed to replace                       filer’s electronic protest, and receive               protest, that such authority has been granted
                                                  specific legacy ACS functions and add                   CBP notifications and messages                        by a duly and properly executed Power of
                                                  new functionality.                                      regarding the protest. CBP has modified               Attorney where one is required, that all the
                                                                                                                                                                information, statements and assertions herein
                                                     Sections 514 and 515 of the Tariff Act               the ACE Portal Account Test to establish              are true and correct to the best of my
                                                  of 1930, as amended (19 U.S.C. 1514                     the Protest Filer Account. See 81 FR                  knowledge and belief, and that this protest
                                                  and 1515), provide procedures for                       52453 (August 8, 2016). Parties wishing               complies with all applicable regulations.
                                                  protesting certain decisions made by                    to file an electronic protest will need to
                                                  CBP. Section 645 of the Customs                         establish and maintain an ACE Portal                     A protest filer will not be able to
                                                  Modernization Act amended section                       Account, as specified in that notice.                 submit a protest electronically unless
                                                  514(c)(1) of the Tariff Act of 1930 (19                                                                       the box next to the certification
                                                                                                             In addition, on July 28, 2016, CBP                 statement is checked. The protest filer
                                                  U.S.C. 1514(c)(1)) to permit the                        published a notice in the Federal
                                                  transmission of such protests to CBP                                                                          must maintain a copy of the power of
                                                                                                          Register announcing that the ACE                      attorney to provide to CBP upon
                                                  electronically. The CBP regulations                     Protest Module will be the sole
                                                  governing protests are found in part 174                                                                      request.
                                                                                                          electronic method authorized by the
                                                  of Title 19 of the Code of Federal                      Commissioner of CBP for filing                        B. Identity of Filer
                                                  Regulations (19 CFR part 174).                          electronic protests. See 81 FR 49685                     The CBP regulations require that a
                                                  II. Authorization for the ACE Protest                   (July 28, 2016). That notice also                     protest include the name of the person
                                                  Test                                                    announced that CBP will no longer                     filing the protest, or his agent or
                                                                                                          accept protests filed through ABI to                  attorney. See 19 CFR 174.12(c).
                                                    The Customs Modernization Act                         ACS. Upon the effective date of that                  Participants in the ACE Protest Test
                                                  authorizes the Commissioner of CBP to                   notice, ACE will replace ACS as the                   should identify the person filing the
                                                  conduct limited test programs or                        authorized electronic data interchange                protest through the Protest Filer
                                                  procedures designed to evaluate                         system for filing protests electronically.            Account. Information identifying the
                                                  planned components of the NCAP. The                     Pursuant to 19 CFR 174.12(b), protest                 filer of the protest, as required by
                                                  ACE Protest Test is authorized pursuant                 filers are authorized to transmit their               section 174.12(c), will be collected at
                                                  to 19 CFR 101.9(b) which provides for                   protest electronically to ACE.                        the time the protest filer establishes an
                                                  the testing of NCAP programs or
                                                                                                          IV. Test Participation Criteria                       account. In addition, the Protest Filer
                                                  procedures. See Treasury Decision
                                                                                                                                                                will be required to enter the capacity in
                                                  (T.D.) 95–21.                                              CBP is conducting a test of the ACE                which it is filing, by selecting a ‘‘filer
                                                  III. Electronic Protest Program                         Protest Module, to assess new                         type’’ (e.g., attorney, broker, importer/
                                                                                                          functionalities related to the electronic             consignee, or surety).
                                                  A. ACS Protest Filing                                   filing and processing of protests and
                                                     The electronic filing and status of                  new notification procedures for protests              C. Place of Filing
                                                  protests is a planned component of the                  filed electronically in ACE. Any party                   The CBP regulations require a protest
                                                  NCAP, authorized by section 411 of the                  who wishes to participate in this test                to be filed with the port director whose
                                                  Tariff Act of 1930, as amended by                       may do so as long as it has a Protest                 decision is being protested. See 19 CFR
                                                  section 631 of the Customs                              Filer Account. Participation in this test             174.12(d). Delegation Order Number 14–
                                                  Modernization Act. See 19 U.S.C.                        is not confidential information and CBP               004, effective on September 11, 2014,
                                                  1411(a)(2)(A). The U.S. Customs                         may disclose the name(s) of                           delegates concurrent trade authority to
                                                  Service, the legacy agency of CBP,                      participants. When a participant in the               the port directors and the directors of
                                                  previously tested and deployed                          ACE Protest Test files a protest in ACE,              the Centers of Excellence & Expertise
                                                  electronic protest filing using the                     the entire protest process will be fully              (CEE). As a result, a protest may be
                                                  Automated Broker Interface (ABI) to                     automated and must be completed in                    submitted to either the port director or
                                                  transmit a protest to ACS. See, e.g., 65                ACE, with the exception of a request for              the director of the filer’s assigned CEE.
                                                  FR 39224 (June 23, 2000).                               accelerated disposition, which must be                For participants in the ACE Protest Test,
                                                     On January 14, 2011, CBP published                   sent by registered or certified mail as               electronic protests will be filed in the
                                                  a Final Rule in the Federal Register (76                required under 19 U.S.C. 1515(b). Once                ACE Protest Module instead. Protests
                                                  FR 2573) making technical corrections                   a test participant files a protest as part            filed electronically through the module
                                                  to the protest regulations in 19 CFR part               of this test, the protest filer agrees to the         will be routed to the CBP port, CEE, or
                                                  174 and related provisions in Title 19 of               test procedures below for all subsequent              other office responsible for the decision
                                                  the CFR. The rule amended section                       actions regarding the protest. For test               that is the subject of the protest.
                                                  174.12(b) to conform to section 514(c)(1)               participants, CBP will waive certain
                                                                                                          regulations pertaining to protest filing,             D. Date of Filing
                                                  of the Tariff Act of 1930, as modified by
                                                  the Customs Modernization Act,                          as described below. Except where                         The CBP regulations state that the
                                                  allowing a protest to be transmitted                    otherwise specified by this notice, the               date of filing of a protest is the date on
                                                  electronically to the electronic data                   CBP regulations concerning the filing of              which the protest is received by the
                                                  interchange system authorized by CBP                    a protest remain the same.                            Customs officer with whom it is
                                                  for that purpose.                                                                                             required to be filed. See 19 CFR
                                                                                                          A. Power of Attorney and Certification
                                                                                                                                                                174.12(f). For electronic filings, the date
                                                  B. ACE Protest                                             The regulations governing the ability              of filing for claims or information
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                                                     CBP has developed the ACE Protest                    to file a protest on behalf of another                (including a protest, protest
                                                  Module to replace electronic protest                    person are codified at 19 CFR 174.3. For              amendment, request to set aside denial
                                                  filing in ACS. The ACE Protest Module                   participants in the ACE Protest Test,                 of further review, and request to void
                                                  is an internet-based processing module,                 rather than submitting a power of                     denial of a protest) will be the date on
                                                  which allows any person with a Protest                  attorney, the protest filer will be                   which the protest is received by the
                                                  Filer Account in the ACE Portal to file                 required to check a box affirming the                 ACE Protest Module. The date of filing
                                                  a protest and supporting documentation                  following statement:                                  in the ACE Protest Module will be


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                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                           53499

                                                  determined based on midnight Eastern                    is barred unless commenced within 180 days            I. Submission of Additional Information
                                                  Standard Time (EST). This means that,                   of the date of the deemed denial.                     and Protest Withdrawal
                                                  to be considered timely, an electronic                                                                           When a protest is filed through the
                                                  filing in the ACE Protest Module must                     The date of the request for accelerated
                                                                                                          disposition will be based on the date of              ACE Protest Module, the Protest Filer
                                                  be received by 11:59 p.m. (EST) on the                                                                        must use the module to submit
                                                  final day of the filing period. The                     the mailing. The Protest Filer may
                                                                                                          electronically withdraw a request for                 additional information requested by
                                                  protest filer and any other designated                                                                        CBP unless such information is
                                                  parties will receive an electronic                      accelerated disposition of a protest filed
                                                                                                          through the ACE Protest Module any                    incapable of electronic submission, e.g.,
                                                  message confirming receipt of a protest                                                                       samples of imported merchandise. Any
                                                  filing in ACE.                                          time prior to the 30 days after the date
                                                                                                          of the request or the CBP decision on                 request to withdraw a protest submitted
                                                  E. Amendment of Protests                                the protest, whichever comes first.                   through the ACE Protest Module must
                                                                                                                                                                be submitted electronically through the
                                                    The Protest Filer may amend an                        G. Further Review                                     module.
                                                  electronic protest according to the
                                                  requirements set forth in section 174.14.                  In lieu of filing an application for               J. Request To Set Aside Denial of
                                                  As required under 19 CFR 174.14(b),                     further review (AFR) on Customs Form                  Further Review
                                                  when a Protest Filer files a protest                    19, pursuant to 19 CFR 174.25, test                      A Protest Filer seeking to file a
                                                  electronically, any amendment to such                   participants may submit an AFR                        request to set aside CBP’s denial of
                                                  protest must be made electronically                     concurrently with the protest in the                  further review under 19 U.S.C. 1515(c)
                                                  through the ACE Protest Module. As a                    ACE Protest Module. When a protest is                 must use the ACE Protest Module when
                                                  result, for participants in the ACE                     filed through the ACE Protest Module,                 the underlying protest was filed through
                                                  Protest Test, the place of filing of an                 the Protest Filer must use the module to              the ACE Protest Module. A request will
                                                  amendment to a protest filed in ACE                     submit the AFR. When a Protest Filer                  be considered filed with the appropriate
                                                  will be the ACE Protest Module, rather                  applies for further review, the filer must            CBP officer if it is filed in the ACE
                                                  than the port director with whom the                    check a box to answer ‘‘yes’’ or ‘‘no’’ to            Protest Module within 60 days after the
                                                  protest was filed. See 19 CFR 174.14(e).                the following questions:                              date of the protest denial. As noted
                                                  The date of filing of an amendment to                      Have you made prior request of a port              above, the date of filing in the ACE
                                                  an ACE Protest will be the date on                      director for a further review of the same             Protest Module will be determined by
                                                  which the protest amendment is                          claim with respect to the same or                     the time of receipt of the request for
                                                  received by the ACE Protest Module.                     substantially similar merchandise?                    setting aside of the denial of further
                                                  The date of filing in the ACE Protest                      Have you received a final adverse decision         review in ACE based on midnight
                                                  Module will be determined by the time                   from the U.S. Court of International Trade on         Eastern Standard Time. If CBP fails to
                                                  of receipt of the amendment in ACE                      the same claim with respect to the same               act on the request to set aside the denial
                                                  based on midnight Eastern Standard                      category of merchandise or do you have an             of further review within 60 days from
                                                  Time. The Protest Filer and any other                   action involving such a claim pending before          the time of filing, the request will be
                                                  designated parties will receive an                      the U.S. Court of International Trade?                considered denied and the Protest Filer
                                                  electronic message confirming receipt of                   Have you previously received an adverse            will receive a courtesy electronic
                                                  an amendment made to an electronic                      administrative decision from the                      notification.
                                                                                                          Commissioner of CBP or his designee or have
                                                  protest.                                                                                                      K. Request To Void Denial of a Protest
                                                                                                          you presently pending an application for an
                                                  F. Accelerated Disposition                              administrative decision on the same claim                A Protest Filer seeking to file a
                                                                                                          with respect to the same category of                  request to void the denial of a protest
                                                    Under 19 U.S.C. 1515(b), a request for                merchandise?
                                                  accelerated disposition must be sent by                                                                       under 19 U.S.C. 1515(d) must use the
                                                  registered or certified mail. If the Protest              The ACE Protest Module will not                     ACE Protest Module when the
                                                  Filer intends to request accelerated                    accept a protest with an AFR unless the               underlying protest was filed through the
                                                  disposition for a protest, the request                  Protest Filer answers these three                     ACE Protest Module. A request will be
                                                  must be sent by registered or certified                 questions and provides a written                      considered filed with the appropriate
                                                  mail to the port director or other CBP                  justification. The written justification              CBP office if it is filed in the ACE
                                                  officer whose decision is protested. See                must be entered in the text box provided              Protest Module within 90 days after the
                                                  19 CFR 174.12(d) and 174.22(a). Test                    or uploaded separately.                               date of the protest denial. The date of
                                                  participants are also required to check a                                                                     filing of a request will be the date on
                                                  box in the ACE Protest Module                           H. Additional Arguments                               which the request is received by the
                                                  indicating a request was properly                                                                             ACE Protest Module. As noted above,
                                                                                                             A reviewing officer may consider                   the date of filing in the ACE Protest
                                                  mailed. When making a request for                       alternative claims and additional
                                                  accelerated disposition the Protest Filer                                                                     Module will be determined by the time
                                                                                                          grounds or arguments submitted by the                 of receipt of the request in ACE based
                                                  must check a box affirming that the                     protesting party. See 19 CFR 174.28. For
                                                  Protest Filer has filed the request for                                                                       on midnight Eastern Standard Time.
                                                                                                          purposes of the ACE Protest Test,
                                                  accelerated disposition by registered or                participants may use the ACE Protest                  L. Messaging
                                                  certified mail:                                         Module to submit alternative claims and                  ACE will generate and send
                                                    I certify that I have sent a request for              additional grounds or arguments any                   automated messages to notify the Protest
                                                  Accelerated Disposition by Certified or                 time prior to the disposition of the                  Filer and any other designated parties of
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                                                  Registered United States Mail, and I                    protest. When a protest is filed through              changes in the status of the protest and
                                                  understand that by requesting accelerated               the ACE Protest Module, the Protest                   decisions made by CBP regarding the
                                                  disposition this protest will be deemed
                                                  denied within 30 days of the request if it is
                                                                                                          Filer must use the module to submit                   protest. These messages will advise the
                                                  not decided by CBP before the end of the 30             additional arguments unless such                      parties when CBP has received the:
                                                  day period, and that any lawsuit filed in the           information is incapable of electronic                Protest; request for accelerated
                                                  United States Court of International Trade              submission, e.g., samples of imported                 disposition; additional arguments;
                                                  contesting the deemed denial of this protest            merchandise.                                          application for further review; protest


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                                                  53500                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  amendment; request to set aside denial                     • National Customs Automation                      Environment (ACE) Document Image
                                                  of further review; request to withdraw a                Program (NCAP) Tests Concerning                       System: 79 FR 36083 (June 25, 2014).
                                                  protest; or request to void the denial of               Automated Commercial Environment                         • Announcement of eBond Test: 79
                                                  a protest. In addition, rather than                     (ACE) Simplified Entry: Modification of               FR 70881 (November 28, 2014).
                                                  mailing a notice of denial of the protest               Participant Selection Criteria and                       • eBond Test Modifications and
                                                  pursuant to 19 CFR 174.30, for protests                 Application Process: 77 FR 48527                      Clarifications: Continuous Bond
                                                  filed electronically, ACE will notify                   (August 14, 2012).                                    Executed Prior to or Outside the eBond
                                                  designated parties of actions taken by                     • Modification of NCAP Test                        Test May Be Converted to an eBond by
                                                  CBP electronically, including CBP’s                     Regarding Reconciliation for Filing                   the Surety and Principal, Termination of
                                                  decision to suspend, grant, or deny a                   Certain Post-Importation Preferential                 an eBond by Filing Identification
                                                  protest.                                                Tariff Treatment Claims under Certain                 Number, and Email Address Correction:
                                                                                                          FTAs: 78 FR 27984 (May 13, 2013).                     80 FR 899 (January 7, 2015).
                                                  V. Comments                                                                                                      • Modification of National Customs
                                                                                                             • Modification of Two National
                                                    All interested parties are invited to                 Customs Automation Program (NCAP)                     Automation Program (NCAP) Test
                                                  comment on any aspect of this ACE                       Tests Concerning Automated                            Concerning Automated Commercial
                                                  Protest Test for the duration of the test.              Commercial Environment (ACE)                          Environment (ACE) Document Image
                                                  CBP requests comments and feedback                      Document Image System (DIS) and                       System Relating to Animal and Plant
                                                  on all aspects of this test in order to                 Simplified Entry (SE): 78 FR 44142 (July              Health Inspection Service (APHIS)
                                                  determine whether to modify, alter,                     23, 2013).                                            Document Submissions: 80 FR 5126
                                                  expand, limit, continue, end, or fully                     • Modification of Two National                     (January 30, 2015).
                                                  implement this test.                                    Customs Automation Program (NCAP)                        • Modification of National Customs
                                                  VII. Development of ACE Prototypes                      Tests Concerning Automated                            Automation Program (NCAP) Test
                                                                                                          Commercial Environment (ACE)                          Concerning the use of Partner
                                                    A chronological listing of Federal                                                                          Government Agency Message Set
                                                  Register publications detailing ACE test                Document Image System (DIS) and
                                                                                                          Simplified Entry (SE); Correction: 78 FR              through the Automated Commercial
                                                  developments is set forth below.                                                                              Environment (ACE) for the Submission
                                                    • ACE Portal Accounts and                             53466 (August 29, 2013).
                                                                                                             • Modification of NCAP Test                        of Certain Data Required by the
                                                  Subsequent Revision Notices: 67 FR                                                                            Environmental Protection Agency
                                                  21800 (May 1, 2002); 69 FR 5360 and 69                  Concerning Automated Commercial
                                                                                                          Environment (ACE) Cargo Release                       (EPA): 80 FR 6098 (February 4, 2015).
                                                  FR 5362 (February 4, 2004); 69 FR                                                                                • Announcement of Modification of
                                                  54302 (September 8, 2004); 70 FR 5199                   (formerly known as Simplified Entry):
                                                                                                                                                                ACE Cargo Release Test to Permit the
                                                  (February 1, 2005).                                     78 FR 66039 (November 4, 2013).
                                                                                                                                                                Combined Filing of Cargo Release and
                                                    • ACE System of Records Notice: 71                       • Post-Summary Corrections to Entry
                                                                                                                                                                Importer Security Filing (ISF) Data: 80
                                                  FR 3109 (January 19, 2006).                             Summaries Filed in ACE Pursuant to the
                                                                                                                                                                FR 7487 (February 10, 2015).
                                                    • Terms/Conditions for Access to the                  ESAR IV Test: Modifications and                          • Modification of NCAP Test
                                                  ACE Portal and Subsequent Revisions:                    Clarifications: 78 FR 69434 (November                 Concerning ACE Cargo Release for Type
                                                  72 FR 27632 (May 16, 2007); 73 FR                       19, 2013).                                            03 Entries and Advanced Capabilities
                                                  38464 (July 7, 2008).                                      • National Customs Automation                      for Truck Carriers: 80 FR 16414 (March
                                                    • ACE Non-Portal Accounts and                         Program (NCAP) Test Concerning the                    27, 2015).
                                                  Related Notice: 70 FR 61466 (October                    Submission of Certain Data Required by                   • Automated Commercial
                                                  24, 2005); 71 FR 15756 (March 29,                       the Environmental Protection Agency                   Environment (ACE) Export Manifest for
                                                  2006).                                                  and the Food Safety and Inspection
                                                    • ACE Entry Summary, Accounts and                                                                           Air Cargo Test: 80 FR 39790 (July 10,
                                                                                                          Service Using the Partner Government                  2015).
                                                  Revenue (ESAR I) Capabilities: 72 FR                    Agency Message Set Through the                           • National Customs Automation
                                                  59105 (October 18, 2007).                               Automated Commercial Environment
                                                    • ACE Entry Summary, Accounts and                                                                           Program (NCAP) Concerning Remote
                                                                                                          (ACE): 78 FR 75931 (December 13,                      Location Filing Entry Procedures in the
                                                  Revenue (ESAR II) Capabilities: 73 FR                   2013).
                                                  50337 (August 26, 2008); 74 FR 9826                                                                           Automated Commercial Environment
                                                                                                             • Modification of National Customs                 (ACE) and the Use of the Document
                                                  (March 6, 2009).                                        Automation Program (NCAP) Test
                                                    • ACE Entry Summary, Accounts and                                                                           Image System for the Submission of
                                                                                                          Concerning Automated Commercial                       Invoices and the Use of eBonds for the
                                                  Revenue (ESAR III) Capabilities: 74 FR
                                                                                                          Environment (ACE) Cargo Release for                   Transmission of Single Transaction
                                                  69129 (December 30, 2009).
                                                    • ACE Entry Summary, Accounts and                     Ocean and Rail Carriers: 79 FR 6210                   Bonds: 80 FR 40079 (July 13, 2015).
                                                  Revenue (ESAR IV) Capabilities: 76 FR                   (February 3, 2014).                                      • Modification of National Customs
                                                  37136 (June 24, 2011).                                     • Modification of National Customs                 Automation Program (NCAP) Test
                                                    • Post-Entry Amendment (PEA)                          Automation Program (NCAP) Test                        Concerning the Automated Commercial
                                                  Processing Test: 76 FR 37136 (June 24,                  Concerning Automated Commercial                       Environment (ACE) Partner Government
                                                  2011).                                                  Environment (ACE) Cargo Release to                    Agency (PGA) Message Set Regarding
                                                    • ACE Announcement of a New Start                     Allow Importers and Brokers to Certify                Types of Transportation Modes and
                                                  Date for the National Customs                           From ACE Entry Summary: 79 FR 24744                   Certain Data Required by the National
                                                  Automation Program Test of Automated                    (May 1, 2014).                                        Highway Traffic Safety Administration
                                                  Manifest Capabilities for Ocean and Rail                   • Modification of National Customs                 (NHTSA): 80 FR 47938 (August 10,
                                                                                                          Automation Program (NCAP) Test
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                                                  Carriers: 76 FR 42721 (July 19, 2011).                                                                        2015).
                                                    • ACE Simplified Entry: 76 FR 69755                   Concerning Automated Commercial                          • Automated Commercial
                                                  (November 9, 2011).                                     Environment (ACE) Cargo Release for                   Environment (ACE) Export Manifest for
                                                    • National Customs Automation                         Truck Carriers: 79 FR 25142 (May 2,                   Vessel Cargo Test: 80 FR 50644 (August
                                                  Program (NCAP) Tests Concerning                         2014).                                                20, 2015).
                                                  Automated Commercial Environment                           • Modification of National Customs                    • Modification of National Customs
                                                  (ACE) Document Image System (DIS): 77                   Automation Program (NCAP) Test                        Automation Program (NCAP) Test
                                                  FR 20835 (April 6, 2012).                               Concerning Automated Commercial                       Concerning the Submission of Certain


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                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                            53501

                                                  Data Required by the Food and Drug                      Government Agency (PGA) Message Set                   surplus Federal property reviewed by
                                                  Administration (FDA) Using the Partner                  Through the Automated Commercial                      HUD for suitability for use to assist the
                                                  Government Agency Message Set                           Environment (ACE): 81 FR 18634                        homeless.
                                                  through the Automated Commercial                        (March 31, 2016).                                     FOR FURTHER INFORMATION CONTACT:
                                                  Environment (ACE): 80 FR 52051                            • Automated Commercial                              Juanita Perry, Department of Housing
                                                  (August 27, 2015).                                      Environment (ACE); Announcement of                    and Urban Development, 451 Seventh
                                                    • Automated Commercial                                National Customs Automation Program                   Street SW., Room 7266, Washington, DC
                                                  Environment (ACE) Export Manifest for                   Test of the In-Transit Manifest Pilot                 20410; telephone (202) 402–3970; TTY
                                                  Rail Cargo Test: 80 FR 54305                            Program: 81 FR 24837 (April 27, 2016).                number for the hearing- and speech-
                                                  (September 9, 2015).                                      • Announcement of National                          impaired (202) 708–2565 (these
                                                    • Modification of the National                        Customs Automation Program (NCAP)                     telephone numbers are not toll-free),
                                                  Customs Automation Program (NCAP)                       Test Concerning the Submission                        call the toll-free Title V information line
                                                  Test Concerning the Automated                           Through the Automated Commercial                      at 800–927–7588 or send an email to
                                                  Commercial Environment (ACE)                            Environment (ACE) of Certain Import                   title5@hud.gov .
                                                  Document Image System (DIS)                             Data and Documents Required by the                    SUPPLEMENTARY INFORMATION: In
                                                  Regarding Future Updates and New                        U.S. Fish and Wildlife Service: 81 FR                 accordance with 24 CFR part 581 and
                                                  Method of Submission of Accepted                        27149 (May 5, 2015).                                  section 501 of the Stewart B. McKinney
                                                  Documents: 80 FR 62082 (October 15,                       • Notice Announcing the Automated                   Homeless Assistance Act (42 U.S.C.
                                                  2015).                                                  Commercial Environment (ACE) as the
                                                    • Modification of the National                                                                              11411), as amended, HUD is publishing
                                                                                                          Sole CBP-Authorized Electronic Data                   this Notice to identify Federal buildings
                                                  Customs Automation Program (NCAP)                       Interchange (EDI) System for Processing
                                                  Test Concerning the Automated                                                                                 and other real property that HUD has
                                                                                                          Certain Electronic Entry and Entry                    reviewed for suitability for use to assist
                                                  Commercial Environment (ACE) Cargo                      Summary Filings Accompanied by Food
                                                  Release for Entry Type 52 and Certain                                                                         the homeless. The properties were
                                                                                                          and Drug Administration (FDA) Data: 81                reviewed using information provided to
                                                  Other Modes of Transportation: 80 FR                    FR 30320 (May 16, 2016).                              HUD by Federal landholding agencies
                                                  63576 (October 20, 2015).                                 • Notice Announcing the Automated                   regarding unutilized and underutilized
                                                    • Modification of the National                        Commercial Environment (ACE) as the
                                                  Customs Automation Program (NCAP)                                                                             buildings and real property controlled
                                                                                                          Sole CBP-Authorized Electronic Data                   by such agencies or by GSA regarding
                                                  Test Concerning the Automated                           Interchange (EDI) System for Processing
                                                  Commercial Environment (ACE) Entry                                                                            its inventory of excess or surplus
                                                                                                          Electronic Entry and Entry Summary                    Federal property. This Notice is also
                                                  Summary, Accounts and Revenue                           Filings: 81 FR 32339 (May 23, 2016).
                                                  (ESAR) Test of Automated Entry                                                                                published in order to comply with the
                                                                                                            • Notice Announcing the Automated
                                                  Summary Types 51 and 52 and Certain                                                                           December 12, 1988 Court Order in
                                                                                                          Commercial Environment (ACE) Protest
                                                  Modes of Transportation: 80 FR 63815                                                                          National Coalition for the Homeless v.
                                                                                                          Module as the Sole CBP-Authorized
                                                  (October 21, 2015).                                                                                           Veterans Administration, No. 88–2503–
                                                                                                          Method for Filing Electronic Protests: 81
                                                    • Modification of the National                        FR 49685 (July 28, 2016).
                                                                                                                                                                OG (D.D.C.).
                                                  Customs Automation Program Test                                                                                  Properties reviewed are listed in this
                                                                                                            • Modification of the National                      Notice according to the following
                                                  Concerning the Automated Commercial                     Customs Automation Program (NCAP)
                                                  Environment Portal Account to                                                                                 categories: Suitable/available, suitable/
                                                                                                          Test Concerning the Automated                         unavailable, and suitable/to be excess,
                                                  Establish the Exporter Portal Account:                  Commercial Environment (ACE) Portal
                                                  80 FR 63817 (October 21, 2015).                                                                               and unsuitable. The properties listed in
                                                                                                          Accounts to Establish the Protest Filer
                                                    • Modification of National Customs                    Account and Clarification that the
                                                                                                                                                                the three suitable categories have been
                                                  Automation Program Test Concerning                                                                            reviewed by the landholding agencies,
                                                                                                          Terms and Conditions for Account                      and each agency has transmitted to
                                                  the Automated Commercial                                Access Apply to All ACE Portal
                                                  Environment Partner Government                                                                                HUD: (1) Its intention to make the
                                                                                                          Accounts: 81 FR 52453 (August 8,                      property available for use to assist the
                                                  Agency Message Set Regarding the                        2016).
                                                  Toxic Substances Control Act                                                                                  homeless, (2) its intention to declare the
                                                  Certification Required by the                             Dated: August 9, 2016.                              property excess to the agency’s needs, or
                                                  Environmental Protection Agency: 81                     Brenda B. Smith,                                      (3) a statement of the reasons that the
                                                  FR 7133 (February 10, 2016).                            Executive Assistant Commissioner, Office of           property cannot be declared excess or
                                                    • Notice Announcing the Automated                     Trade.                                                made available for use as facilities to
                                                  Commercial Environment (ACE) as the                     [FR Doc. 2016–19267 Filed 8–11–16; 8:45 am]           assist the homeless.
                                                  Sole CBP-Authorized Electronic Data                     BILLING CODE 9111–14–P                                   Properties listed as suitable/available
                                                  Interchange (EDI) System for Processing                                                                       will be available exclusively for
                                                  Certain Electronic Entry and Entry                                                                            homeless use for a period of 60 days
                                                  Summary Filings: 81 FR 10264                            DEPARTMENT OF HOUSING AND                             from the date of this Notice. Where
                                                  (February 29, 2016).                                    URBAN DEVELOPMENT                                     property is described as for ‘‘off-site use
                                                    • Modification of the National                                                                              only’’ recipients of the property will be
                                                  Customs Automation Program (NCAP)                       [Docket No. FR–5907–N–33]                             required to relocate the building to their
                                                  Tests Concerning the Partner                                                                                  own site at their own expense.
                                                                                                          Federal Property Suitable as Facilities               Homeless assistance providers
                                                  Government Agency Message Set for
                                                                                                          To Assist the Homeless                                interested in any such property should
                                                  Certain Data Required by the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Environmental Protection Agency                         AGENCY:  Office of the Assistant                      send a written expression of interest to
                                                  (EPA): 81 FR 13399 (March 14, 2016).                    Secretary for Community Planning and                  HHS, addressed to: Ms. Theresa M.
                                                    • Cessation of National Customs                       Development, HUD.                                     Ritta, Chief Real Property Branch, the
                                                  Automation Program (NCAP) Test                          ACTION: Notice.                                       Department of Health and Human
                                                  Concerning the Submission of Certain                                                                          Services, Room 12–07, Parklawn
                                                  Data Required by the Food and Drug                      SUMMARY:  This Notice identifies                      Building, 5600 Fishers Lane, Rockville,
                                                  Administration (FDA) Using the Partner                  unutilized, underutilized, excess, and                MD 20857, (301)–443–2265 (This is not


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Document Created: 2018-02-09 11:33:00
Document Modified: 2018-02-09 11:33:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGeneral notice.
DatesThe ACE Protest Test will commence on August 29, 2016, and will continue until concluded by a notice published in the Federal Register. Comments concerning this notice and any aspect of the test may be
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 53497 

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