82 FR 37888 - Automated Commercial Environment (ACE) Export Manifest for Air Cargo Test: Expansion of Test To Include Additional Participants, Modification of Required Data Elements, and Extension of Test
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 82, Issue 155 (August 14, 2017)
U.S. Customs and Border Protection
Federal Register Volume 82, Issue 155 (August 14, 2017)
| Page Range | 37888-37890 | |
| FR Document | 2017-17080 |
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)] [Notices] [Pages 37888-37890] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17080] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Automated Commercial Environment (ACE) Export Manifest for Air Cargo Test: Expansion of Test To Include Additional Participants, Modification of Required Data Elements, and Extension of Test AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that CBP is modifying the U.S. Customs and Border Protection's (CBP's) Automated Commercial Environment (ACE) Export Manifest for Air Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability, by making certain of the export manifest data elements optional. CBP is also extending the test and will be accepting additional applications for participation in this modified test from all parties meeting the eligibility requirements. DATES: The modifications of the ACE Export Manifest for Air Cargo Test set forth in this document are effective August 14, 2017. The modified test will run until August 10, 2018. Applications from additional participants may be submitted at any time. Current test participants do not need to reapply. Comments concerning this notice and all aspects of the test may be submitted at any time during the test period to the email address below. ADDRESSES: Applications to participate in the ACE Export Manifest for Air Cargo Test must be submitted via email to CBP Export Manifest at [email protected]. In the subject line of the email, please use ``ACE Export Manifest for Air Cargo Test Application''. Written comments [[Page 37889]] concerning program, policy, and technical issues may also be submitted via email to CBP Export Manifest at [email protected]. In the subject line of the email, please use ``Comment on ACE Export Manifest for Air Cargo Test''. FOR FURTHER INFORMATION CONTACT: Robert C. Rawls, Outbound Enforcement and Policy Branch, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected]. SUPPLEMENTARY INFORMATION: Background The ACE Export Manifest for Air Cargo Test is a voluntary test in which participants agree to submit export manifest data to CBP electronically, at least 4 hours prior to loading of the cargo onto the aircraft in preparation for departure from the United States. The ACE Export Manifest for Air Cargo Test is authorized under Sec. 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR 101.9(b)), which provides for the testing of NCAP programs or procedures. CBP announced the procedures and criteria related to participation in the ACE Export Manifest for Air Cargo Test in a notice published in the Federal Register on July 10, 2015 (80 FR 39790). This test was originally set to run for approximately two years. For further details on the background and procedures regarding the test, please refer to the July 10, 2015 notice. Expansion of Test to Additional Participants In the July 10, 2015 notice announcing the initial phase of the ACE Export Manifest for Air Cargo Test, CBP stated that participation in the test was limited to nine stakeholders composed of air carriers and freight forwarders who met the eligibility requirements. This notice announces that the ACE Export Manifest for Air Cargo Test is now open to all eligible applicants. CBP will endeavor to accept all new eligible applicants on a first come first serve basis; however, if the number of eligible applicants exceeds CBP's administrative capabilities, CBP reserves the right to select eligible participants in order to achieve a diverse participant pool. Eligibility Requirements Except for the expansion to additional participants, the eligibility requirements for the ACE Export Manifest for Air Cargo Test set forth in the July 10, 2015 notice are not changing. For clarity and convenience to the public, CBP sets forth below the eligibility requirements for participation in the test. Participation in the ACE Export Manifest for Air Cargo Test is limited to those parties able to electronically transmit manifest data in the identified acceptable format. Prospective ACE Export Manifest for Air Cargo Test participants must have the technical capability to electronically submit data to CBP and receive response message sets via Cargo-IMP, AIR CAMIR, IATA XML, or Unified XML,\1\ and must successfully complete certification testing with their client representative. Once parties have applied to participate, they must complete a test phase to determine if the data transmission is in the required readable format. Applicants will be notified once they have successfully completed testing and are permitted to participate fully in the test. In selecting participants, CBP will take into consideration the order in which the applications are received. --------------------------------------------------------------------------- \1\ Unified XML was not yet functional at the time of the original Automated Commercial Environment (ACE) Export Manifest for Air Cargo Test. It is now fully functional and available for use. --------------------------------------------------------------------------- There are no restrictions with regard to the participant's organization size, location or commodity type for participation in the test. Modification of the Filing Condition of Certain Data Elements One of the main purposes of the ACE Export Manifest for Air Cargo Test is to test the feasibility of requiring the manifest information to be filed electronically in ACE within a specified time before the cargo is loaded on the aircraft. Another purpose is to test the functionality regarding the filing of export manifest data for air cargo electronically to ACE within a specified time before the cargo is loaded on the aircraft. Under the current regulatory requirements, advance electronic filing of export data is generally not required. In most cases, the aircraft commander or agent must file a general declaration on CBP Form 7507 pertaining to the outbound flight. Also, the aircraft commander or agent must file the air cargo manifest, CBP Form 7509, with CBP at each port where export cargo is loaded on the aircraft. Additionally, the airline must file the complete air cargo manifest generally within 4 days after departure of the aircraft. See 19 CFR 122.72, 19 CFR 122.73, 19 CFR 122.74, 19 CFR 122.75, and 19 CFR 192.14. The U.S. Principal Party in Interest (USPPI) must file any required Electronic Export Information (EEI) for the cargo on the aircraft. See 15 CFR part 30. (For additional details about filing requirements for the aircraft commander and USPPI, please see the July 10, 2015 notice.) The data and the results of the ACE Export Manifest for Air Cargo Test will aid CBP in determining which parties are the best source of the export manifest data and when the data is available to be submitted to CBP. CBP has been consulting with the Commercial Customs Operations Advisory Committee (COAC) to address ongoing issues concerning the quality, accessibility, and timeliness of export manifest data received during the test. Through this process, the COAC advised CBP that certain data elements currently required under the test may not be available to the party submitting the export manifest data to CBP 4 hours prior to loading the cargo on the aircraft in preparation for departure from the United States and urged CBP to make those data elements optional. For some, such as the in-bond number, COAC has suggested that the information may not be necessary because it is available to CBP through other electronic systems. After evaluating the initial phase of the ACE Export Manifest for Air Cargo Test and considering the COAC's comments, CBP has determined that, in order to better test the functionality and feasibility of submitting the specified export data 4 hours in advance, five of the mandatory or conditional data elements should be changed to optional. This will enable participants to submit the optional information when and if it is available. These data elements are listed below. (Data elements which are ``mandatory'' must be provided to CBP for every shipment. Data elements which are ``conditional'' must be provided to CBP only if the particular information pertains to the cargo. Data elements which are ``optional'' may be provided to CBP but are not required).Number of pieces/unit of measure (Data Element #11) Number of house air waybills (Data Element #13) Split air waybill indicator (Data Element #18) In-bond number (Data Element #21) Mode of transportation (Data Element #22) The remaining data elements under the ACE Export Manifest for Air Cargo Test continue to be mandatory, conditional or optional as provided in the July 10, 2015 notice. The full list of data elements is set forth below. Unless otherwise noted, the data elements are mandatory. (1) Exporting Carrier (As reflected in the July 10, 2015 notice, CBP finds this term to be clearer than the term ``Owner/Operator'' used on CBP Form 7509.) (2) Marks of nationality and registration [[Page 37890]] (3) Flight number (4) Port of lading (5) Port of unlading (6) Scheduled date of departure (As reflected in the July 10, 2015 notice, CBP finds this term to be clearer than the term ``Date'' used on CBP Form 7509.) (7) Consolidator (conditional) (8) De-consolidator (conditional) (9) Air waybill type (Master, House, Simple or Sub) (10) Air waybill number (11) Number of pieces and unit of measure (optional) (12) Weight (kg./lb.) (13) Number of house air waybills (optional) (14) Shipper name and address (15) Consignee name and address (16) Cargo description (As reflected in the July 10, 2015 notice, CBP finds this term to be clearer than the term ``Nature of goods'' used on CBP Form 7509.) (17) AES Internal Transaction Number (ITN) or AES Exemption Statement/ Exception Classification (per shipment) (18) Split air waybill indicator (optional) (19) Hazmat indicator (Yes/No) (20) UN Number (conditional) (If the hazmat indicator is yes, the four- digit UN (United Nations) Number assigned to the hazardous material must be provided.) (21) In-bond number (optional) (22) Mode of transportation (Air, containerized or Air, non- containerized) (optional) If, after the conclusion of the ACE Export Manifest for Air Cargo Test, CBP decides to conduct rulemaking to amend the regulations concerning the filing of the air export cargo manifest, CBP will reevaluate the filing conditions for each data element to determine the feasibility of requiring that data element to be filed electronically in ACE within a specified time before the cargo is loaded on the aircraft. Extension of the Test To continue further evaluation of the ACE Export Manifest for Air Cargo Test, CBP is extending the test for an additional year. The expanded and modified test will run until August 10, 2018. Applicability of Initial Test Notice Unless explicitly changed by this or subsequent notices published in the Federal Register, all other aspects of the initial test announced in the July 10, 2015 notice, including test procedures and conditions, the application process, and the waiver of certain regulatory requirements, remain in effect. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3507), an agency may not conduct, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by the Office of Management and Budget (OMB). The collections of information in this NCAP test have been approved by OMB in accordance with the requirements of the Paperwork Reduction Act and assigned OMB control number 1651-0001. Dated: August 8, 2017. Todd C. Owen, Executive Assistant Commissioner, Office of Field Operations. [FR Doc. 2017-17080 Filed 8-11-17; 8:45 am] BILLING CODE 9111-14-P
![37888 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
eRulemaking Portal at http:// the construction, expansion, or and guidance for owners and operators
www.regulations.gov. If your material modification would result in an increase seeking approval to build and operate
cannot be submitted using http:// in the size and/or frequency of LHG LHG facilities as well. The Coast Guard
www.regulations.gov, contact the person marine traffic on the waterway will refer to NVIC 01–2011 for process
in the FOR FURTHER INFORMATION associated with the proposed facility or information and guidance in evaluating
CONTACT section of this document for modification to an existing facility, must Lynx Terminals’ WSA. A copy of NVIC
alternate instructions. Documents submit a Letter of Intent (LOI) to the 01–2011 is available for viewing in the
mentioned in this notice, and all public COTP of the zone in which the facility public docket for this notice and also on
comments, are in our online docket at is or will be located. Under 33 CFR the Coast Guard’s Web site at http://
http://www.regulations.gov and can be 127.007(e), an owner or operator www.uscg.mil/hq/cg5/nvic/2010s.asp.
viewed by following that Web site’s planning such new construction or Dated: August 8, 2017.
instructions. Additionally, if you go to expansion of an existing facility must Jaqueline Twomey,
the online docket and sign up for email also file or update a Waterway
Captain, U.S. Coast Guard, Captain of the
alerts, you will be notified when Suitability Assessment (WSA) that Port, Port Arthur.
comments are posted or a final rule is addresses the proposed increase in LHG
[FR Doc. 2017–17106 Filed 8–11–17; 8:45 am]
published. To view comments, go to marine traffic in the associated
BILLING CODE 9110–04–P
http://www.regulations.gov, type the waterway. Lynx Terminals, located in
docket number (USCG–2017–0194) in Port Arthur, TX submitted an LOI and
the ‘‘SEARCH’’ box and click WSA on August 09, 2016 regarding the DEPARTMENT OF HOMELAND
‘‘SEARCH.’’ Click on ‘‘Open Docket company’s proposed plans to handle SECURITY
Folder’’ on the line associated with this and transport LHG at the Port of Port
notice and request for comment We Arthur, TX facility. U.S. Customs and Border Protection
accept anonymous comments. All Under 33 CFR 127.009, after receiving
comments received will be posted an LOI, the COTP issues a LOR as to the Automated Commercial Environment
without change to http:// suitability of the waterway for LNG or (ACE) Export Manifest for Air Cargo
www.regulations.gov and will include LHG marine traffic to the appropriate Test: Expansion of Test To Include
any personal information you have jurisdictional authorities. The LOR is Additional Participants, Modification of
provided. For more about privacy and based on a series of factors listed in 33 Required Data Elements, and
the docket, you may review a Privacy CFR 127.009 that relate to the physical Extension of Test
Act notice regarding the Federal Docket nature of the affected waterway and
issues of safety and security associated AGENCY: U.S. Customs and Border
Management System in the March 24, Protection, Department of Homeland
2005, issue of the Federal Register (70 with LHG marine traffic on the affected
waterway. Security.
FR 15086).
The purpose of this notice is to solicit ACTION: General notice.
Privacy Act public comments on the proposed
SUMMARY: This notice announces that
Anyone can search the electronic increase in LHG marine traffic on the
CBP is modifying the U.S. Customs and
form of comments received into any of Sabine-Neches Waterway. The Coast
Border Protection’s (CBP’s) Automated
our dockets by the name of the Guard believes that input from the
Commercial Environment (ACE) Export
individual submitting the comment (or public may be useful to the COTP with
Manifest for Air Cargo Test, a National
signing the comment, if submitted on respect to validating the information
Customs Automation Program (NCAP)
behalf of an association, business, labor provided in Lynx Terminals’ WSA and
test concerning ACE export manifest
union, etc.). You may review a Privacy development of the LOR. Additionally,
capability, by making certain of the
Act notice regarding our public dockets the Coast Guard intends to task the Area
export manifest data elements optional.
in the January 17, 2008, issue of the Maritime Security Committee, Port
CBP is also extending the test and will
Federal Register (73 FR 3316). Arthur, TX and the Southeast Texas
be accepting additional applications for
Waterways Advisory Council with
Public Meeting participation in this modified test from
forming a subcommittee comprised of
all parties meeting the eligibility
We do not now plan to hold a public affected port users and stakeholders.
requirements.
meeting, but you may submit a request The goal of this subcommittee will be to
for one, using one of the methods gather information to help the COTP DATES: The modifications of the ACE
specified under ADDRESSES. Please assess the suitability of the associated Export Manifest for Air Cargo Test set
explain why you believe a public waterway for increased LHG marine forth in this document are effective
meeting would be beneficial. If we traffic as it relates to navigational safety August 14, 2017. The modified test will
determine that a public meeting would and maritime security. In addition to the run until August 10, 2018. Applications
aid the Captain of the Port, Port Arthur other documents referenced in this from additional participants may be
(COTP) in validating the information in notice, a brief summation of LYNX submitted at any time. Current test
the WSA and preparing the Letter of Terminals’ proposal is available for participants do not need to reapply.
Recommendation (LOR), we will hold viewing in the public docket for this Comments concerning this notice and
one at a time and place announced by notice. all aspects of the test may be submitted
a later notice in the Federal Register. On January 24, 2011, the Coast Guard at any time during the test period to the
published Navigation and Vessel email address below.
Discussion Inspection Circular (NVIC) 01–2011, ADDRESSES: Applications to participate
sradovich on DSK3GMQ082PROD with NOTICES
Under 33 CFR 127.007(a), an owner or ‘‘Guidance Related to Waterfront in the ACE Export Manifest for Air
operator planning to build a new facility Liquefied Natural Gas (LNG) Facilities’’. Cargo Test must be submitted via email
handling Liquefied Hazardous Gas NVIC 01–2011 provides guidance for to CBP Export Manifest at
(LHG), or an owner or operator planning owners and operators seeking approval cbpexportmanifest@cbp.dhs.gov. In the
new construction to expand or modify to build and operate LNG facilities. subject line of the email, please use
marine terminal operations in an While NVIC 01–2011 is specific to LNG, ‘‘ACE Export Manifest for Air Cargo Test
existing facility handling LHG, where it provides useful process information Application’’. Written comments
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![37890 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
(3) Flight number Paperwork Reduction Act Cargo Test must be submitted via email
(4) Port of lading In accordance with the Paperwork to CBP Export Manifest at
(5) Port of unlading cbpvesselexportmanifest@cbp.dhs.gov.
(6) Scheduled date of departure (As Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. 3507), an agency may not In the subject line of the email, please
reflected in the July 10, 2015 notice, use ‘‘ACE Export Manifest for Vessel
CBP finds this term to be clearer conduct, and a person is not required to
respond to, a collection of information Cargo Test Application’’. Written
than the term ‘‘Date’’ used on CBP comments concerning program, policy,
Form 7509.) unless the collection of information
displays a valid control number and technical issues may also be
(7) Consolidator (conditional) submitted via email to CBP Export
(8) De-consolidator (conditional) assigned by the Office of Management
and Budget (OMB). The collections of Manifest at cbpvesselexportmanifest@
(9) Air waybill type (Master, House,
information in this NCAP test have been cbp.dhs.gov. In the subject line of the
Simple or Sub)
(10) Air waybill number approved by OMB in accordance with email, please use ‘‘Comment on ACE
(11) Number of pieces and unit of the requirements of the Paperwork Export Manifest for Vessel Cargo Test’’.
measure (optional) Reduction Act and assigned OMB FOR FURTHER INFORMATION CONTACT:
(12) Weight (kg./lb.) control number 1651–0001. Robert C. Rawls, Outbound Enforcement
(13) Number of house air waybills and Policy Branch, Office of Field
Dated: August 8, 2017.
(optional) Operations, U.S. Customs and Border
(14) Shipper name and address Todd C. Owen,
Protection, via email at
(15) Consignee name and address Executive Assistant Commissioner, Office of cbpvesselexportmanifest@cbp.dhs.gov.
(16) Cargo description (As reflected in Field Operations.
SUPPLEMENTARY INFORMATION:
the July 10, 2015 notice, CBP finds [FR Doc. 2017–17080 Filed 8–11–17; 8:45 am]
this term to be clearer than the term BILLING CODE 9111–14–P Background
‘‘Nature of goods’’ used on CBP The ACE Export Manifest for Vessel
Form 7509.) Cargo Test is a voluntary test in which
(17) AES Internal Transaction Number DEPARTMENT OF HOMELAND
participants agree to submit export
(ITN) or AES Exemption Statement/ SECURITY
manifest data to CBP electronically, at
Exception Classification (per least 24 hours prior to loading of the
shipment) U.S. Customs and Border Protection
cargo onto the vessel in preparation for
(18) Split air waybill indicator
Automated Commercial Environment departure from the United States. The
(optional)
(19) Hazmat indicator (Yes/No) (ACE) Export Manifest for Vessel ACE Export Manifest for Vessel Cargo
(20) UN Number (conditional) (If the Cargo Test: Expansion of Test To Test is authorized under § 101.9(b) of
hazmat indicator is yes, the four- Include Additional Participants, title 19 of the Code of Federal
digit UN (United Nations) Number Modification of Required Data Regulations (19 CFR 101.9(b)), which
assigned to the hazardous material Elements, and Extension of Test provides for the testing of NCAP
must be provided.) programs or procedures. See Treasury
AGENCY: U.S. Customs and Border Decision (T.D.) 95–21.
(21) In-bond number (optional) Protection, Department of Homeland
(22) Mode of transportation (Air, CBP announced the procedures and
Security. criteria related to participation in the
containerized or Air, non-
containerized) (optional) ACTION: General notice. ACE Export Manifest for Vessel Cargo
If, after the conclusion of the ACE Test in a notice published in the
SUMMARY: This notice announces that
Export Manifest for Air Cargo Test, CBP Federal Register on August 20, 2015 (80
CBP is modifying the U.S. Customs and
decides to conduct rulemaking to FR 50644). On October 20, 2015, CBP
Border Protection’s (CBP’s) Automated
amend the regulations concerning the issued a notice published in the Federal
Commercial Environment (ACE) Export
filing of the air export cargo manifest, Register (80 FR 63575) correcting an
Manifest for Vessel Cargo Test, a
CBP will reevaluate the filing conditions error in the initial notice that misstated
National Customs Automation Program
for each data element to determine the the technical capability requirements for
(NCAP) test concerning ACE export
feasibility of requiring that data element submitting data to CBP. This test was
manifest capability, by making certain
to be filed electronically in ACE within originally set to run for approximately
of the export manifest data elements
a specified time before the cargo is two years. For further details on the
optional. CBP is also extending the test
loaded on the aircraft. background and procedures regarding
and will be accepting additional
the test, please refer to the August 20,
Extension of the Test applications for participation in this
2015 notice.
modified test from all parties meeting
To continue further evaluation of the the eligibility requirements. Expansion of Test to Additional
ACE Export Manifest for Air Cargo Test, Participants
DATES: The modifications of the ACE
CBP is extending the test for an
additional year. The expanded and Export Manifest for Vessel Cargo Test In the August 20, 2015 notice
modified test will run until August 10, set forth in this document are effective announcing the initial phase of the ACE
2018. August 14, 2017. The modified test will Export Manifest for Vessel Cargo Test,
run until September 21, 2018. CBP stated that participation in the test
Applicability of Initial Test Notice Applications from additional was limited to nine stakeholders
Unless explicitly changed by this or participants may be submitted at any composed of a mix of a certain number
sradovich on DSK3GMQ082PROD with NOTICES
subsequent notices published in the time. Current test participants do not of vessel carriers and freight forwarders
Federal Register, all other aspects of the need to reapply. Comments concerning or non-vessel operating common
initial test announced in the July 10, this notice and all aspects of the test carriers (NVOCCs) who met the
2015 notice, including test procedures may be submitted at any time during the eligibility requirements. This notice
and conditions, the application process, test period to the email address below. announces that the ACE Export Manifest
and the waiver of certain regulatory ADDRESSES: Applications to participate for Vessel Cargo Test is now open to all
requirements, remain in effect. in the ACE Export Manifest for Vessel eligible applicants. CBP will endeavor
VerDate Sep<11>2014 16:45 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1](https://thefederalregister.org/doc/82_FR_38043/page/3.svg)
Document Created: 2018-10-24 11:50:51
Document Modified: 2018-10-24 11:50:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | General notice. | |
| Dates | The modifications of the ACE Export Manifest for Air Cargo Test set forth in this document are effective August 14, 2017. The modified test will run until August 10, 2018. Applications from additional participants may be submitted at any time. Current test participants do not need to reapply. Comments concerning this notice and all aspects of the test may be submitted at any time during the test period to the | |
| Contact | Robert C. Rawls, Outbound Enforcement and Policy Branch, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected] | |
| FR Citation | 82 FR 37888 |
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