83_FR_2654 83 FR 2642 - Annual Update of the HHS Poverty Guidelines

83 FR 2642 - Annual Update of the HHS Poverty Guidelines

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary

Federal Register Volume 83, Issue 12 (January 18, 2018)

Page Range2642-2644
FR Document2018-00814

This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.

Federal Register, Volume 83 Issue 12 (Thursday, January 18, 2018)
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2642-2644]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00814]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Annual Update of the HHS Poverty Guidelines

AGENCY: Department of Health and Human Services.

ACTION: Notice.

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

SUMMARY: This notice provides an update of the Department of Health and 
Human Services (HHS) poverty guidelines to account for last calendar 
year's increase in prices as measured by the Consumer Price Index.

DATES: Applicable beginning January 13, 2018, unless an office 
administering a program using the guidelines specifies a different 
applicability date for that particular program.

[[Page 2643]]


ADDRESSES: Office of the Assistant Secretary for Planning and 
Evaluation, Room 404E, Humphrey Building, Department of Health and 
Human Services, Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT: For information about how the 
guidelines are used or how income is defined in a particular program, 
contact the Federal, state, or local office that is responsible for 
that program. For information about poverty figures for immigration 
forms, the Hill-Burton Uncompensated Services Program, and the number 
of people in poverty, use the specific telephone numbers and addresses 
given below.
    For general questions about the poverty guidelines themselves, 
contact Kendall Swenson, Office of the Assistant Secretary for Planning 
and Evaluation, Room 422F.5, Humphrey Building, Department of Health 
and Human Services, Washington, DC 20201--telephone: (202) 690-7409--or 
visit http://aspe.hhs.gov/poverty/.
    For information about the percentage multiple of the poverty 
guidelines to be used on immigration forms such as USCIS Form I-864, 
Affidavit of Support, contact U.S. Citizenship and Immigration Services 
at 1-800-375-5283.
    For information about the Hill-Burton Uncompensated Services 
Program (free or reduced-fee health care services at certain hospitals 
and other facilities for persons meeting eligibility criteria involving 
the poverty guidelines), contact the Health Resources and Services 
Administration Information Center at 1-800-275-4772. You also may visit 
https://www.hrsa.gov/get-health-care/affordable/hill-burton/index.html.
    For information about the number of people in poverty, visit the 
Poverty section of the Census Bureau's website at https://www.census.gov/topics/income-poverty/poverty.html or contact the Census 
Bureau's Customer Service Center at 1-800-923-8282 (toll-free) or visit 
https://ask.census.gov for further information.

SUPPLEMENTARY INFORMATION: 

Background

    Section 673(2) of the Omnibus Budget Reconciliation Act (OBRA) of 
1981 (42 U.S.C. 9902(2)) requires the Secretary of the Department of 
Health and Human Services to update the poverty guidelines at least 
annually, adjusting them on the basis of the Consumer Price Index for 
All Urban Consumers (CPI-U). The poverty guidelines are used as an 
eligibility criterion by Medicaid and a number of other Federal 
programs. The poverty guidelines issued here are a simplified version 
of the poverty thresholds that the Census Bureau uses to prepare its 
estimates of the number of individuals and families in poverty.
    As required by law, this update is accomplished by increasing the 
latest published Census Bureau poverty thresholds by the relevant 
percentage change in the Consumer Price Index for All Urban Consumers 
(CPI-U). The guidelines in this 2018 notice reflect the 2.1 percent 
price increase between calendar years 2016 and 2017. After this 
inflation adjustment, the guidelines are rounded and adjusted to 
standardize the differences between family sizes. In rare 
circumstances, the rounding and standardizing adjustments in the 
formula result in small decreases in the poverty guidelines for some 
household sizes even when the inflation factor is not negative. In 
cases where the year-to-year change in inflation is not negative and 
the rounding and standardizing adjustments in the formula result in 
reductions to the guidelines from the previous year for some household 
sizes, the guidelines for the affected household sizes are fixed at the 
prior year's guidelines. As in prior years, these 2018 guidelines are 
roughly equal to the poverty thresholds for calendar year 2017 which 
the Census Bureau expects to publish in final form in September 2018.
    The poverty guidelines continue to be derived from the Census 
Bureau's current official poverty thresholds; they are not derived from 
the Census Bureau's Supplemental Poverty Measure (SPM).
    The following guideline figures represent annual income.

2018 Poverty Guidelines for the 48 Contiguous States and the District of
                                Columbia
------------------------------------------------------------------------
                                                              Poverty
               Persons in family/household                   guideline
------------------------------------------------------------------------
1.......................................................         $12,140
2.......................................................          16,460
3.......................................................          20,780
4.......................................................          25,100
5.......................................................          29,420
6.......................................................          33,740
7.......................................................          38,060
8.......................................................          42,380
------------------------------------------------------------------------

    For families/households with more than 8 persons, add $4,320 for 
each additional person.

                   2018 Poverty Guidelines for Alaska
------------------------------------------------------------------------
                                                              Poverty
               Persons in family/household                   guideline
------------------------------------------------------------------------
1.......................................................         $15,180
2.......................................................          20,580
3.......................................................          25,980
4.......................................................          31,380
5.......................................................          36,780
6.......................................................          42,180
7.......................................................          47,580
8.......................................................          52,980
------------------------------------------------------------------------

    For families/households with more than 8 persons, add $5,400 for 
each additional person.

                   2018 Poverty Guidelines for Hawaii
------------------------------------------------------------------------
                                                              Poverty
               Persons in family/household                   guideline
------------------------------------------------------------------------
1.......................................................         $13,960
2.......................................................          18,930
3.......................................................          23,900
4.......................................................          28,870
5.......................................................          33,840
6.......................................................          38,810
7.......................................................          43,780
8.......................................................          48,750
------------------------------------------------------------------------


    For families/households with more than 8 persons, add $4,970 for 
each additional person.
    Separate poverty guideline figures for Alaska and Hawaii reflect 
Office of Economic Opportunity administrative practice beginning in the 
1966-1970 period. (Note that the Census Bureau poverty thresholds--the 
version of the poverty measure used for statistical purposes--have 
never had separate figures for Alaska and Hawaii.) The poverty 
guidelines are not defined for Puerto Rico or other outlying 
jurisdictions. In cases in which a Federal program using the poverty 
guidelines serves any of those jurisdictions, the Federal office that 
administers the program is generally responsible for deciding whether 
to use the contiguous-states-and-DC guidelines for those jurisdictions 
or to follow some other procedure.
    Due to confusing legislative language dating back to 1972, the 
poverty guidelines sometimes have been mistakenly referred to as the 
``OMB'' (Office of Management and Budget) poverty guidelines or poverty 
line. In fact, OMB has never issued the guidelines; the guidelines are 
issued each year by the Department of Health and Human Services. The 
poverty guidelines may be formally referenced as ``the poverty 
guidelines updated periodically in the Federal Register by

[[Page 2644]]

the U.S. Department of Health and Human Services under the authority of 
42 U.S.C. 9902(2).''
    Some federal programs use a percentage multiple of the guidelines 
(for example, 125 percent or 185 percent of the guidelines), as noted 
in relevant authorizing legislation or program regulations. Non-Federal 
organizations that use the poverty guidelines under their own authority 
in non-Federally-funded activities also may choose to use a percentage 
multiple of the guidelines.
    The poverty guidelines do not make a distinction between farm and 
non-farm families, or between aged and non-aged units. (Only the Census 
Bureau poverty thresholds have separate figures for aged and non-aged 
one-person and two-person units.)
    Note that this notice does not provide definitions of such terms as 
``income'' or ``family,'' because there is considerable variation in 
defining these terms among the different programs that use the 
guidelines. These variations are traceable to the different laws and 
regulations that govern the various programs. This means that questions 
such as ``Is income counted before or after taxes?'', ``Should a 
particular type of income be counted?'', and ``Should a particular 
person be counted as a member of the family/household?'' are actually 
questions about how a specific program applies the poverty guidelines. 
All such questions about how a specific program applies the guidelines 
should be directed to the entity that administers or funds the program, 
since that entity has the responsibility for defining such terms as 
``income'' or ``family,'' to the extent that these terms are not 
already defined for the program in legislation or regulations.

    Dated: January 12, 2018.
Eric D. Hargan,
Acting Secretary of Health and Human Services.
[FR Doc. 2018-00814 Filed 1-12-18; 4:15 pm]
 BILLING CODE 4150-05-P



                                                2642                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices

                                                   • Confidential Submissions—To                        was Kincaid’s admission that he                        II. Findings and Order
                                                submit an application with confidential                 obtained drugs from Quality Specialty                     Therefore, OSI, under section
                                                information that you do not wish to be                  Products (QSP), a foreign company, for                 306(a)(2) of the FD&C Act and under the
                                                made publicly available, submit your                    use at East Tennessee Hematology-                      authority delegated, finds that William
                                                application only as a written/paper                     Oncology Associates, P.C. (McLeod                      Ralph Kincaid has been convicted of a
                                                submission. You should submit two                       Cancer). These drugs were not FDA                      felony under Federal law for conduct
                                                copies total. One copy will include the                 approved and were misbranded in that                   relating to the regulation of a drug
                                                information you claim to be confidential                they lacked adequate directions for use                product under the FD&C Act.
                                                with a heading or cover note that states                and were manufactured in an                               As a result of the foregoing findings,
                                                ‘‘THIS DOCUMENT CONTAINS                                establishment that was not registered                  William Ralph Kincaid is permanently
                                                CONFIDENTIAL INFORMATION.’’ The                         with FDA and that did not list with FDA                debarred from providing services in any
                                                Agency will review this copy, including                 the drug products it manufactured.                     capacity to a person with an approved
                                                the claimed confidential information, in                From approximately September 2007 to                   or pending drug product application
                                                its consideration of your application.                  early 2008 and from August 2009 to                     under section 505, 512, or 802 of the
                                                The second copy, which will have the                    February 2012, McLeod Cancer                           FD&C Act (21 U.S.C. 355, 360b, or 382),
                                                claimed confidential information                        purchased more than $2 million in                      or under section 351 of the Public
                                                redacted/blacked out, will be available                 misbranded unapproved drugs for use at                 Health Service Act (42 U.S.C. 262),
                                                for public viewing and posted on                        McLeod Cancer. Additionally, Kincaid                   effective (see DATES) (21 U.S.C.
                                                https://www.regulations.gov. Submit                     and McLeod Cancer billed Medicare,                     335a(c)(1)(B) and (c)(2)(A)(ii) and 21
                                                both copies to the Dockets Management                   TennCare, and other government health                  U.S.C. 321(dd)). Any person with an
                                                Staff. If you do not wish your name and                 benefit programs approximately $2.5                    approved or pending drug product
                                                contact information to be made publicly                 million for these unapproved drugs.                    application who knowingly uses the
                                                available, you can provide this                            Kincaid is subject to debarment based               services of Kincaid, in any capacity
                                                information on the cover sheet and not                  on a finding, under section 306(a)(2) of               during his period of debarment, will be
                                                in the body of your application and you                 the FD&C Act (21 U.S.C. 335a(a)(2)), that              subject to civil money penalties. See
                                                must identify this information as                       he was convicted of a felony under                     section 307(a)(6) of the FD&C Act (21
                                                ‘‘confidential.’’ Any information marked                Federal law for conduct relating to the                U.S.C. 335b(a)(6)). If Kincaid, during his
                                                as ‘‘confidential’’ will not be disclosed               regulation of a drug product under the                 period of debarment, provides services
                                                except in accordance with 21 CFR 10.20                  FD&C Act. By the letter dated May 20,                  in any capacity to a person with an
                                                and other applicable disclosure law. For                2015, FDA notified Kincaid of a                        approved or pending drug product
                                                more information about FDA’s posting                    proposal to permanently debar him from                 application, he will be subject to civil
                                                of comments to public dockets, see 80                   providing services in any capacity to a                money penalties. See section 307(a)(7)
                                                FR 56469, September 18, 2015, or access                 person having an approved or pending                   of the FD&C Act (21 U.S.C. 335b(a)(7)).
                                                the information at: https://www.gpo.gov/                drug product application. The proposal                 In addition, FDA will not accept or
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       also offered Kincaid an opportunity to                 review any abbreviated new drug
                                                23389.pdf.                                              request a hearing, providing him 30                    applications submitted by or with the
                                                   Docket: For access to the docket, go to              days from the date of receipt of the letter            assistance of Kincaid during his period
                                                https://www.regulations.gov and insert                  in which to file the request and 60 days               of debarment.
                                                the docket number, found in brackets in                 from the date of receipt of the letter to
                                                the heading of this document, into the                  support that request with information                    Dated: January 10, 2018.
                                                ‘‘Search’’ box and follow the prompts                   sufficient to justify a hearing. In a letter           G. Matthew Warren,
                                                and/or go to the Dockets Management                     dated June 17, 2015, Kincaid requested                 Director, Office of Scientific Integrity.
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     a hearing and indicated that the                       [FR Doc. 2018–00719 Filed 1–17–18; 8:45 am]
                                                Rockville, MD 20852 between 9 a.m.                      information justifying the hearing                     BILLING CODE 4164–01–P
                                                and 4 p.m., Monday through Friday.                      would be forthcoming. More than 60
                                                Publicly available submissions may be                   days have passed from the date Kincaid
                                                seen in the docket.                                     received FDA’s letter, and Kincaid has                 DEPARTMENT OF HEALTH AND
                                                FOR FURTHER INFORMATION CONTACT: Julie                  not filed any additional information to                HUMAN SERVICES
                                                Finegan, Office of Scientific Integrity,                support his request.
                                                Food and Drug Administration, 10903                        Under the authority delegated to him                Office of the Secretary
                                                New Hampshire Ave., Bldg. 1, Rm.                        by the Commissioner of Food and                        Annual Update of the HHS Poverty
                                                4218, Silver Spring, MD 20993, 301–                     Drugs, the Director of the Office of                   Guidelines
                                                796–8618.                                               Scientific Integrity (OSI) has considered
                                                SUPPLEMENTARY INFORMATION:                              Kincaid’s request for a hearing. Hearings              AGENCY: Department of Health and
                                                                                                        will not be granted on issues of policy                Human Services.
                                                I. Background                                           or law, on mere allegations, denials, or               ACTION: Notice.
                                                   On June 24, 2013, the U. S. District                 general descriptions of positions and
                                                Court for the Eastern District of                       contentions, or on data and information                SUMMARY:   This notice provides an
                                                Tennessee entered a criminal judgment                   insufficient to justify the factual                    update of the Department of Health and
                                                against William Ralph Kincaid pursuant                  determination urged (see 21 CFR                        Human Services (HHS) poverty
                                                to his guilty plea. Kincaid pled guilty to              21.24(b)).                                             guidelines to account for last calendar
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                                                a felony under the FD&C Act, namely                        Because Kincaid has not presented                   year’s increase in prices as measured by
                                                receiving in interstate commerce a                      any information to support his hearing                 the Consumer Price Index.
                                                misbranded drug with intent to defraud                  request, OSI concludes that Kincaid                    DATES: Applicable beginning January 13,
                                                or mislead, in violation of sections                    failed to raise a genuine and substantial              2018, unless an office administering a
                                                301(c) and 303(a)(2) of the FD&C Act (21                issue of fact requiring a hearing.                     program using the guidelines specifies a
                                                U.S.C. 331(c) and 333(a)(2)) and 18                     Therefore, OSI denies Kincaid’s request                different applicability date for that
                                                U.S.C. 2. The basis for this conviction                 for a hearing.                                         particular program.


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                                                                             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices                                                                            2643

                                                ADDRESSES:    Office of the Assistant                   poverty guidelines issued here are a                                     2018 POVERTY GUIDELINES FOR
                                                Secretary for Planning and Evaluation,                  simplified version of the poverty                                                  ALASKA
                                                Room 404E, Humphrey Building,                           thresholds that the Census Bureau uses
                                                Department of Health and Human                          to prepare its estimates of the number of                                                                             Poverty
                                                                                                                                                                          Persons in family/household
                                                Services, Washington, DC 20201.                         individuals and families in poverty.                                                                                 guideline
                                                FOR FURTHER INFORMATION CONTACT: For                      As required by law, this update is                              1   ............................................      $15,180
                                                information about how the guidelines                    accomplished by increasing the latest                             2   ............................................       20,580
                                                are used or how income is defined in a                  published Census Bureau poverty                                   3   ............................................       25,980
                                                particular program, contact the Federal,                                                                                  4   ............................................       31,380
                                                                                                        thresholds by the relevant percentage
                                                state, or local office that is responsible                                                                                5   ............................................       36,780
                                                                                                        change in the Consumer Price Index for                            6   ............................................       42,180
                                                for that program. For information about
                                                                                                        All Urban Consumers (CPI–U). The                                  7   ............................................       47,580
                                                poverty figures for immigration forms,
                                                the Hill-Burton Uncompensated                           guidelines in this 2018 notice reflect the                        8   ............................................       52,980
                                                Services Program, and the number of                     2.1 percent price increase between
                                                people in poverty, use the specific                     calendar years 2016 and 2017. After this                            For families/households with more
                                                telephone numbers and addresses given                   inflation adjustment, the guidelines are                          than 8 persons, add $5,400 for each
                                                below.                                                  rounded and adjusted to standardize the                           additional person.
                                                   For general questions about the                      differences between family sizes. In rare
                                                poverty guidelines themselves, contact                  circumstances, the rounding and                                          2018 POVERTY GUIDELINES FOR
                                                Kendall Swenson, Office of the                          standardizing adjustments in the                                                   HAWAII
                                                Assistant Secretary for Planning and                    formula result in small decreases in the
                                                                                                                                                                                                                              Poverty
                                                Evaluation, Room 422F.5, Humphrey                       poverty guidelines for some household                             Persons in family/household                        guideline
                                                Building, Department of Health and                      sizes even when the inflation factor is
                                                Human Services, Washington, DC                          not negative. In cases where the year-to-                         1   ............................................      $13,960
                                                20201—telephone: (202) 690–7409—or                      year change in inflation is not negative                          2   ............................................       18,930
                                                visit http://aspe.hhs.gov/poverty/.                     and the rounding and standardizing                                3   ............................................       23,900
                                                   For information about the percentage                                                                                   4   ............................................       28,870
                                                                                                        adjustments in the formula result in
                                                multiple of the poverty guidelines to be                                                                                  5   ............................................       33,840
                                                                                                        reductions to the guidelines from the                             6   ............................................       38,810
                                                used on immigration forms such as                       previous year for some household sizes,                           7   ............................................       43,780
                                                USCIS Form I–864, Affidavit of Support,                 the guidelines for the affected                                   8   ............................................       48,750
                                                contact U.S. Citizenship and                            household sizes are fixed at the prior
                                                Immigration Services at 1–800–375–                      year’s guidelines. As in prior years,
                                                5283.                                                                                                                        For families/households with more
                                                                                                        these 2018 guidelines are roughly equal
                                                   For information about the Hill-Burton                                                                                  than 8 persons, add $4,970 for each
                                                Uncompensated Services Program (free                    to the poverty thresholds for calendar
                                                                                                        year 2017 which the Census Bureau                                 additional person.
                                                or reduced-fee health care services at                                                                                       Separate poverty guideline figures for
                                                certain hospitals and other facilities for              expects to publish in final form in
                                                                                                                                                                          Alaska and Hawaii reflect Office of
                                                persons meeting eligibility criteria                    September 2018.
                                                                                                                                                                          Economic Opportunity administrative
                                                involving the poverty guidelines),                        The poverty guidelines continue to be                           practice beginning in the 1966–1970
                                                contact the Health Resources and                        derived from the Census Bureau’s                                  period. (Note that the Census Bureau
                                                Services Administration Information                     current official poverty thresholds; they                         poverty thresholds—the version of the
                                                Center at 1–800–275–4772. You also                      are not derived from the Census                                   poverty measure used for statistical
                                                may visit https://www.hrsa.gov/get-                     Bureau’s Supplemental Poverty Measure                             purposes—have never had separate
                                                health-care/affordable/hill-burton/                     (SPM).                                                            figures for Alaska and Hawaii.) The
                                                index.html.                                                                                                               poverty guidelines are not defined for
                                                   For information about the number of                    The following guideline figures
                                                                                                        represent annual income.                                          Puerto Rico or other outlying
                                                people in poverty, visit the Poverty                                                                                      jurisdictions. In cases in which a
                                                section of the Census Bureau’s website                                                                                    Federal program using the poverty
                                                at https://www.census.gov/topics/                           2018 POVERTY GUIDELINES FOR THE
                                                                                                                                                                          guidelines serves any of those
                                                income-poverty/poverty.html or contact                       48 CONTIGUOUS STATES AND THE                                 jurisdictions, the Federal office that
                                                the Census Bureau’s Customer Service                         DISTRICT OF COLUMBIA                                         administers the program is generally
                                                Center at 1–800–923–8282 (toll-free) or                                                                                   responsible for deciding whether to use
                                                visit https://ask.census.gov for further                                                                     Poverty      the contiguous-states-and-DC guidelines
                                                                                                         Persons in family/household
                                                information.                                                                                                guideline
                                                                                                                                                                          for those jurisdictions or to follow some
                                                SUPPLEMENTARY INFORMATION:                              1   ............................................       $12,140    other procedure.
                                                                                                        2   ............................................        16,460       Due to confusing legislative language
                                                Background                                                                                                                dating back to 1972, the poverty
                                                                                                        3   ............................................        20,780
                                                   Section 673(2) of the Omnibus Budget                 4   ............................................        25,100    guidelines sometimes have been
                                                Reconciliation Act (OBRA) of 1981 (42                   5   ............................................        29,420    mistakenly referred to as the ‘‘OMB’’
                                                U.S.C. 9902(2)) requires the Secretary of               6   ............................................        33,740    (Office of Management and Budget)
                                                the Department of Health and Human                                                                                        poverty guidelines or poverty line. In
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                                                                                                        7   ............................................        38,060
                                                Services to update the poverty                          8   ............................................        42,380    fact, OMB has never issued the
                                                guidelines at least annually, adjusting                                                                                   guidelines; the guidelines are issued
                                                them on the basis of the Consumer Price                   For families/households with more                               each year by the Department of Health
                                                Index for All Urban Consumers (CPI–U).                                                                                    and Human Services. The poverty
                                                                                                        than 8 persons, add $4,320 for each
                                                The poverty guidelines are used as an                                                                                     guidelines may be formally referenced
                                                                                                        additional person.
                                                eligibility criterion by Medicaid and a                                                                                   as ‘‘the poverty guidelines updated
                                                number of other Federal programs. The                                                                                     periodically in the Federal Register by


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                                                2644                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices

                                                the U.S. Department of Health and                       ACTION:   General notice.                              Tariff Act of 1930 (19 U.S.C.
                                                Human Services under the authority of                                                                          1484(a)(1)(A)) by revising the
                                                42 U.S.C. 9902(2).’’                                    SUMMARY:   This document announces                     requirement to make and complete
                                                   Some federal programs use a                          that the Automated Commercial                          customs entry by submitting
                                                percentage multiple of the guidelines                   Environment (ACE) will be the sole
                                                                                                                                                               documentation to CBP to allow, in the
                                                (for example, 125 percent or 185 percent                electronic data interchange (EDI) system
                                                                                                                                                               alternative, the electronic transmission
                                                of the guidelines), as noted in relevant                authorized by U.S. Customs and Border
                                                                                                        Protection (CBP) for processing                        of such entry information pursuant to a
                                                authorizing legislation or program                                                                             CBP-authorized electronic data
                                                regulations. Non-Federal organizations                  electronic drawback filings under part
                                                                                                        181 (NAFTA drawback) and part 191                      interchange (EDI) system. CBP created
                                                that use the poverty guidelines under                                                                          the Automated Commercial System
                                                their own authority in non-Federally-                   (non-TFTEA drawback) of Title 19 of
                                                                                                        the Code of Federal Regulations. This                  (ACS) to track, control, and process all
                                                funded activities also may choose to use                                                                       commercial goods imported into the
                                                a percentage multiple of the guidelines.                document also announces that the
                                                                                                        Automated Commercial System (ACS)                      United States. CBP established the
                                                   The poverty guidelines do not make a
                                                                                                        will no longer be a CBP-authorized EDI                 specific requirements and procedures
                                                distinction between farm and non-farm
                                                families, or between aged and non-aged                  system for purposes of processing such                 for the electronic filing of entry and
                                                units. (Only the Census Bureau poverty                  filings. This notice further announces                 entry summary data for imported
                                                thresholds have separate figures for aged               the deployment of a new ACE filing                     merchandise through the Automated
                                                and non-aged one-person and two-                        code for all electronic drawback filings,              Broker Interface (ABI) to ACS.
                                                person units.)                                          replacing the six distinct drawback
                                                                                                        codes previously filed in ACS.                         II. Transition Into the Automated
                                                   Note that this notice does not provide                                                                      Commercial Environment
                                                definitions of such terms as ‘‘income’’ or              DATES: As of February 24, 2018, ACE
                                                ‘‘family,’’ because there is considerable               will be the sole CBP-authorized EDI                       In an effort to modernize the business
                                                variation in defining these terms among                 system for processing drawback filings                 processes essential to securing U.S.
                                                the different programs that use the                     under part 181 (NAFTA drawback) and                    borders, facilitating the flow of
                                                guidelines. These variations are                        part 191 (non-TFTEA drawback) of Title                 legitimate shipments, and targeting
                                                traceable to the different laws and                     19 of the Code of Federal Regulations,                 illicit goods pursuant to the Mod Act
                                                regulations that govern the various                     and ACS will no longer be a CBP-                       and the Security and Accountability for
                                                programs. This means that questions                     authorized EDI system for such purpose.                Every (SAFE) Port Act of 2006 (Pub. L.
                                                such as ‘‘Is income counted before or                   FOR FURTHER INFORMATION CONTACT:                       109–347, 120 Stat. 1884), CBP
                                                after taxes?’’, ‘‘Should a particular type              Randy Mitchell, Commercial Operations                  developed the Automated Commercial
                                                of income be counted?’’, and ‘‘Should a                 and Entry Division, Trade Policy and                   Environment (ACE) to eventually
                                                particular person be counted as a                       Programs, Office of Trade at (202) 863–                replace ACS as the CBP-authorized EDI
                                                member of the family/household?’’ are                   6532 or RANDY.MITCHELL@
                                                                                                                                                               system. Over the last several years, CBP
                                                actually questions about how a specific                 CBP.DHS.GOV.
                                                                                                                                                               has tested ACE and provided significant
                                                program applies the poverty guidelines.                 SUPPLEMENTARY INFORMATION:
                                                All such questions about how a specific                                                                        public outreach to ensure that the trade
                                                program applies the guidelines should                   I. Background                                          community is fully aware of the
                                                be directed to the entity that administers                                                                     transition from ACS to ACE.
                                                                                                          Section 484 of the Tariff Act of 1930,
                                                or funds the program, since that entity                 as amended (19 U.S.C. 1484),                              On October 13, 2015, CBP published
                                                has the responsibility for defining such                establishes the requirement for                        an Interim Final Rule in the Federal
                                                terms as ‘‘income’’ or ‘‘family,’’ to the               importers of record to make entry for                  Register (80 FR 61278) that designated
                                                extent that these terms are not already                 merchandise to be imported into the                    ACE as a CBP-authorized EDI system.
                                                defined for the program in legislation or               customs territory of the United States.                The designation of ACE as a CBP-
                                                regulations.                                            Customs entry information is used by                   authorized EDI system was effective
                                                  Dated: January 12, 2018.                              U.S. Customs and Border Protection                     November 1, 2015. In the Interim Final
                                                Eric D. Hargan,                                         (CBP) and Partner Government Agencies                  Rule, CBP stated that ACS would be
                                                Acting Secretary of Health and Human                    (PGAs) to determine whether                            phased out and anticipated that ACS
                                                Services.                                               merchandise may be released from CBP                   would no longer be supported for entry
                                                [FR Doc. 2018–00814 Filed 1–12–18; 4:15 pm]             custody. Importers of record are also                  and entry summary filing. Filers were
                                                BILLING CODE 4150–05–P
                                                                                                        obligated to complete the entry by filing              encouraged to adjust their business
                                                                                                        an entry summary declaring the value,                  practices so that they would be prepared
                                                                                                        classification, rate of duty applicable to             when ACS was decommissioned.
                                                                                                        the merchandise and such other
                                                DEPARTMENT OF HOMELAND                                  information as is necessary for CBP to                    CBP developed a staggered transition
                                                SECURITY                                                properly assess duties, collect accurate               strategy for decommissioning ACS. The
                                                                                                        statistics and determine whether any                   phases of the transition were announced
                                                U.S. Customs and Border Protection                      other applicable requirement of law is                 in several Federal Register notices. See
                                                                                                        met.                                                   81 FR 10264 (February 29, 2016); 81 FR
                                                Automated Commercial Environment                                                                               30320 (May 16, 2016); 81 FR 32339
                                                (ACE) Becoming the Sole CBP-                              The customs entry requirements were
                                                                                                        amended by Title VI of the North                       (May 23, 2016); 82 FR 38924 (August 16,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Authorized Electronic Data                                                                                     2017); and 82 FR 51852 (November 8,
                                                Interchange (EDI) System for                            American Free Trade Agreement
                                                                                                        Implementation Act (Pub. L. 103–182,                   2017). This notice announces another
                                                Processing Electronic Drawback
                                                                                                        107 Stat. 2057, December 8, 1993),                     transition as the processing of electronic
                                                Filings
                                                                                                        commonly known as the Customs                          drawback filings under parts 181 and
                                                AGENCY:  U.S. Customs and Border                        Modernization Act, or Mod Act. In                      191 of title 19 of the Code of Federal
                                                Protection, Department of Homeland                      particular, section 637 of the Mod Act                 Regulations (CFR) is transitioning into
                                                Security.                                               amended section 484(a)(1)(A) of the                    ACE.


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Document Created: 2018-01-18 00:42:42
Document Modified: 2018-01-18 00:42:42
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
ActionNotice.
DatesApplicable beginning January 13, 2018, unless an office administering a program using the guidelines specifies a different applicability date for that particular program.
ContactFor information about how the guidelines are used or how income is defined in a particular program, contact the Federal, state, or local office that is responsible for that program. For information about poverty figures for immigration forms, the Hill-Burton Uncompensated Services Program, and the number
FR Citation83 FR 2642 

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