Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20835 

Dated: April 2, 2012. 

P.F. Thomas, 

Captain, U.S. Coast Guard, Acting Director 

of Prevention Policy. 

[FR Doc. 2012–8288 Filed 4–5–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

National Customs Automation 

Program (NCAP) Test Concerning 

Automated Commercial Environment 

(ACE) Document Image System (DIS) 

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 concerning document imaging. 

During the test, certain Automated 

Commercial Environment (ACE) 

participants will be able to submit 

electronic images of a specific set of 

CBP and Participating Government 

Agency (PGA) forms and supporting 

information to CBP. Specifically, 

importers, and brokers, will be allowed 

to submit official CBP documents and 

specified PGA forms via the Electronic 

Data Interchange (EDI). This notice also 

describes test particulars including 

commencement date, eligibility, 

procedural and documentation 

requirements, and test development and 

evaluation methods. The test will be 

known as the Document Image System 

(DIS) Test. 

DATES: The DIS test will commence no 

earlier than April 6, 2012 and will 

continue until concluded by way of 

announcement 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 should be submitted via email to 

Monica Crockett at 

ESARinfoinbox@dhs.gov. In the subject 

line of your email, please indicate 

‘‘Document Image System (DIS)’’. 

FOR FURTHER INFORMATION CONTACT: For 

policy-related questions, contact Monica 

Crockett at monica.crockett@dhs.gov. 

For technical questions related to ABI 

transmissions, contact your assigned 

client representative. Any PGA 

interested in participating in DIS should 

contact Susan Dyszel at 

susan.dyszel@dhs.gov. Interested parties 

without an assigned client 

representative should direct their 

questions to Susan Maskell at 

susan.maskell@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Customs Automation 

Program (NCAP) was established in 

Subtitle B of Title VI—Customs 

Modernization, in the North American 

Free Trade Agreement Implementation 

Act (Pub. L. 103–182, 107 Stat. 2057, 

2170, December 8, 1993) (Customs 

Modernization Act). See 19 U.S.C. 1411. 

Through NCAP, the initial 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 

releases of ACE component 

functionality designed to replace a 

specific legacy ACS function. Each 

release will begin with a test and will 

end with mandatory compliance with 

the new ACE feature, thus retiring the 

legacy ACS function. Each release 

builds on previous releases and sets the 

foundation for subsequent releases. 

ACE prototypes are tested in 

accordance with § 101.9(b) of title 19 of 

the Code of Federal Regulations (19 CFR 

101.9(b)), which provides for the testing 

of NCAP components including ACE. 

For the convenience of the public, a 

chronological listing of Federal Register 

publications detailing ACE test 

developments in Entry, Summary, 

Accounts and Revenue (ESAR) is set 

forth below in Section X, entitled, 

‘‘Development of ACE Prototypes.’’ The 

procedures and criteria related to 

participation in the prior ACE tests 

remain in effect unless otherwise 

explicitly changed by this or subsequent 

notices published in the Federal 

Register. 

Document Image System (DIS) Test 

Program 

This notice announces a CBP plan to 

allow parties who have been accepted in 

previous ESAR tests and who file entry 

summaries in ACE to submit specified 

CBP and PGA documents via the 

Electronic Data Interchange (EDI) as part 

of the Document Image System (DIS) 

test. DIS is currently a stand-alone 

system that will eventually support 

integration with other CBP systems and 

other government agencies. DIS 

capabilities will be delivered in 

multiple phases. 

The first phase, and the subject of this 

notice, will enable participating 

importers and brokers to transmit 

images of specified CBP and PGA forms 

with supporting information via EDI in 

an Extensible Markup Language (XML) 

format, in lieu of conventional paper 

methods. DIS will provide for the 

storage of all submitted documents in a 

secure centralized location for the 

maintenance of associations with ACE 

entry summary transactions. Authorized 

CBP and PGA users will have the ability 

to access document images submitted by 

trade participants via a user interface, 

which will allow CBP and PGA users to 

select specific documents for review, to 

change the status of documents, and to 

add comments based on the current 

state of their review. The interface will 

also allow the document image to be 

downloaded or printed, if necessary. 

This first phase will be limited to the 

forms listed below in Section III of this 

notice. Subsequent deployment phases 

of DIS will extend the functionality 

developed in this first phase to other 

CBP and PGA systems. These latter 

phases will incorporate additional forms 

into DIS and provide new interfaces for 

integration of DIS with other systems in 

CBP and other government agencies. 

The exact dates and content of 

subsequent phases of DIS have not yet 

been determined but will be announced 

in the Federal Register when set. 

Test Participation 

I. Eligibility Requirements 

In order to be eligible to participate in 

the DIS test, importers or brokers must 

be ACE entry summary filers. Interested 

participants should contact their client 

representative for additional 

information pertaining to participation 

in this test. Interested companies that do 

not currently have an assigned client 

representative should submit a Letter of 

Intent expressing their intent to 

participate in the DIS test so that client 

representatives can be assigned. 

Instructions for the preparation of the 

Letter of Intent can be found on the CBP 

mstockstill on DSK4VPTVN1PROD with NOTICES

20836 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

Web site at: http://www.cbp.gov/xp/ 

cgov/trade/automated/ 

automated_systems/abi/getting_started/ 

getting_started.xml. 

II. Rules for Submitting Images in 

Document Image System 

The following rules will apply to all 

participants involved in the DIS testing 

process: 

• Documents may be transmitted in 

DIS in response to a request for entry 

summary documentation or in response 

to a request for release documentation 

for certified ACE entry summaries. 

• Unsolicited document submissions 

are not allowed; however, for the 

purposes of PGA forms and invoices/ 

packing lists that are associated to ACE 

entry summaries certified for cargo 

release, the trade may submit the 

required documentation without a prior 

request by CBP or the participating 

government agency (PGA). 

• Only documents that have been 

requested by CBP or the PGA should be 

transmitted to CBP. If a document is 

submitted that has not been requested 

by CBP, an error message will be 

returned indicating that the transaction 

for which the document was submitted 

does not have any pending document 

requests made by CBP or a PGA. 

• The filer may only file documents 

that CBP can accept electronically. In 

this first phase of DIS, the documents 

CBP can accept electronically are noted 

below. If CBP cannot accept the 

additional information electronically, 

the filer must file the additional 

information by other means, which may 

be paper. 

• For the purposes of this test, 

original documents must be retained 

and made available in paper, if 

requested by CBP or a PGA. 

• For the purposes of this test phase, 

APHIS, EPA and NOAA forms can be 

submitted only with ACE entry 

summaries that are certified for release. 

III. Documents Supported in the First 

Phase of the Test 

The first test phase is limited to the 

transmission of documents specified in 

this notice. The CBP form and 

commercial documents supported in 

this first phase of the DIS test and 

covered by this notice are Commercial 

Invoices, Packing Lists, and Invoice 

Working Sheets. The PGA related forms 

and documents supported in this first 

phase of the DIS test and covered by this 

notice are as follows: 

• TSCA Import Certification Form 

• EPA Form 3520–21 Importation of 

Motor Vehicles and Engines (off road) 

• EPA Form 3520–1 Importation of 

Motor Vehicles and Engines (on road) 

• EPA Form 3540–1 Notice of Arrival 

of Pesticides and Devices 

• EPA Pre-approved Vehicle/Engine 

Exemption Letter 

• EPA Pesticide Label 

• APHIS Ingredients List 

• APHIS Phytosanitary Certificate 

• APHIS Import Permit 

• APHIS Transit Permit 

• APHIS Notice of Arrival 

• APHIS Pre-Clearance 203 

• NOAA Form 370 Fisheries 

Certificate of Origin 

• NOAA Toothfish Pre-Approval 

Please be advised that this first phase of 

the DIS test is limited to the above CBP 

and PGA forms. Other forms may be 

referenced in the DIS Implementation 

Guidelines, but such forms are not 

eligible for the present DIS test. 

IV. Recordkeeping 

Any form or document submitted via 

DIS is an electronic copy of an original 

document that is subject to the 

recordkeeping requirements of 19 CFR 

Part 163. Every form or document 

transmitted through DIS must be a 

complete, accurate and unaltered copy 

of the original document. 

V. Technical Specifications 

Images must be submitted in an XML 

via Secure FTP, Secure Web Services, 

existing EDI ABI MQ interfaces. All 

responses back to the importer and/or 

broker will also be sent in the form of 

an XML message. There are no technical 

restrictions on the Multipurpose 

Internet Mail Extension (MIME) file 

types that DIS will accept; however, 

JPEG, GIF, PDF, MS Word Documents, 

and MS Excel Spreadsheets are 

preferred. Additional information 

pertaining to technical specifications 

(see DIS Implementation Guidelines) 

can be accessed on CBP.gov at the 

following link: http://www.cbp.gov/xp/ 

cgov/trade/automated/modernization/ 

ace_edi_messages/catair_main/ 

abi_catair/catair_chapters/ 

document_imaging_igs/. 

VI. Confidentiality 

All data submitted and entered into 

the ACE Portal is subject to the Trade 

Secrets Act (18 U.S.C. 1905) and is 

considered confidential, except to the 

extent as otherwise provided by law (see 

19 U.S.C. 1431(c)). As stated in previous 

notices, participation in this or any of 

the previous ACE tests is not 

confidential and upon a written 

Freedom of Information Act request, a 

name(s) of an approved participant(s) 

will be disclosed by CBP in accordance 

with 5 U.S.C. 552. 

VII. Waiver of Affected Regulations 

Any provision in 19 CFR including, 

but not limited to, provisions found in 

parts 141, 142, 143, and 151 thereof 

relating to entry/entry summary 

processing that are inconsistent with the 

requirements set forth in this notice are 

waived for the duration of the test (see 

19 CFR 101.9(b)). The DIS 

Implementation Guidelines and 

Customs and Trade Automated Interface 

Requirements (CATAIR) should be 

consulted for appropriate terms and 

definitions for purposes of this test. 

CATAIR documentation provides 

complete information describing how 

importers and/or their agents provide 

electronic import information and 

receive transmissions. 

VIII. Misconduct Under the Test 

An ACE test participant may be 

subject to civil and criminal penalties, 

administrative sanctions, liquidated 

damages, and/or suspension from this 

test for any of the following: 

• Failure to follow the terms and 

conditions of this test. 

• Failure to exercise reasonable care 

in the execution of participant 

obligations. 

• Failure to abide by applicable laws 

and regulations. 

Suspensions for misconduct will be 

administered by the Executive Director, 

Trade Policy and Programs, Office of 

International Trade, CBP Headquarters. 

A written notice proposing suspension 

will be issued to the participant that 

apprises the participant of the facts or 

conduct warranting suspension and 

informs the participant of the date the 

suspension will begin. Any decision 

proposing suspension of a participant 

may be appealed in writing to the 

Assistant Commissioner, Office of 

International Trade within 15 calendar 

days of the notification date. An appeal 

of a decision of proposed suspension 

must address the facts or conduct 

charges contained in the notice and 

state how compliance will be achieved. 

In cases of non-payment, late payment, 

willful misconduct or where public 

health interests or safety is concerned, 

a suspension may be effective 

immediately. 

IX. Test Evaluation Criteria 

To ensure adequate feedback, 

participants are required to participate 

in an evaluation of this test. CBP also 

invites all interested parties to comment 

on the design, implementation and 

conduct of the test at any time during 

the test period. CBP will publish the 

final results in the Federal Register and 

the Customs Bulletin as required by 19 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20837 

CFR 101.9(b). The following evaluation 

methods and criteria have been 

suggested: 

1. Baseline measurements to be 

established through data analysis. 

2. Questionnaires from both trade 

participants and CBP addressing such 

issues as: 

• Workload impact (workload shifts/ 

volume, cycle times, etc.). 

• Cost savings (staff, interest, 

reduction in mailing costs, etc.). 

• Policy and procedure 

accommodation. 

• Trade compliance impact. 

• Problem resolution. 

• System efficiency. 

• Operational efficiency. 

• Other issues identified by the 

participant group. 

X. 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); 70 FR 5199 

(February 1, 2005); 69 FR 5360 and 69 

FR 5362 (February 4, 2004); 69 FR 

54302 (September 8, 2004). 

• 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). 

Dated: April 2, 2012. 

Allen Gina, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. 2012–8246 Filed 4–5–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5374–N–37] 

Buy American Exceptions Under the 

American Recovery and Reinvestment 

Act of 2009 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: In accordance with the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–05, approved 

February 17, 2009) (Recovery Act), and 

implementing guidance of the Office of 

Management and Budget (OMB), this 

notice advises that certain exceptions to 

the Buy American requirement of the 

Recovery Act have been determined 

applicable for work using Capital Fund 

Recovery Formula and Competition 

(CFRFC) grant funds. Specifically, an 

exception was granted to the 

Philadelphia Housing Authority for the 

purchase and installation of Uniform 

Federal Accessibility Standards (UFAS)- 

compliant combination washer/dryer 

units for the Paschall Village Phase I 

and II project. 

FOR FURTHER INFORMATION CONTACT: 

Donald J. LaVoy, Deputy Assistant 

Secretary for Office of Field Operations, 

Office of Public and Indian Housing, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 4112, Washington, DC, 20410– 

4000, telephone number 202–402–8500 

(this is not a toll-free number); or 

Dominique G. Blom, Deputy Assistant 

Secretary for Public Housing 

Investments, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 4130, Washington, DC, 

20410–4000, telephone number 202– 

402–8500 (this is not a toll-free 

number). Persons with hearing- or 

speech-impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: Section 

1605(a) of the Recovery Act provides 

that none of the funds appropriated or 

made available by the Recovery Act may 

be used for a project for the 

construction, alteration, maintenance, or 

repair of a public building or public 

work unless all of the iron, steel, and 

manufactured goods used in the project 

are produced in the United States. 

Section 1605(b) provides that the Buy 

American requirement shall not apply 

in any case or category in which the 

head of a Federal department or agency 

finds that: (1) Applying the Buy 

American requirement would be 

inconsistent with the public interest; (2) 

iron, steel, and the relevant 

manufactured goods are not produced in 

the U.S. in sufficient and reasonably 

available quantities or of satisfactory 

quality, or (3) inclusion of iron, steel, 

and manufactured goods will increase 

the cost of the overall project by more 

than 25 percent. Section 1605(c) 

provides that if the head of a Federal 

department or agency makes a 

determination pursuant to section 

1605(b), the head of the department or 

agency shall publish a detailed written 

justification in the Federal Register. 

In accordance with section 1605(c) of 

the Recovery Act and OMB’s 

implementing guidance published on 

April 23, 2009 (74 FR 18449), this notice 

advises the public that, on February 29, 

2012, upon request of the Philadelphia 

Housing Authority, HUD granted an 

exception to applicability of the Buy 

American requirements with respect to 

work, using CFRFC grant funds, in 

connection with the Paschall Village 

Phase I and II project. The exception 

was granted by HUD on the basis that 

the relevant manufactured goods 

(UFAS-compliant combination washer/ 

dryer units) are not produced in the U.S. 

in sufficient and reasonably available 

quantities or of satisfactory quality. 

Dated: March 29, 2012. 

Deborah Hernandez, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. 2012–8363 Filed 4–5–12; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5374–N–38] 

Buy American Exceptions Under the 

American Recovery and Reinvestment 

Act of 2009 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: In accordance with the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–05, approved 

February 17, 2009) (Recovery Act), and 

implementing guidance of the Office of 

Management and Budget (OMB), this 

notice advises that certain exceptions to 

the Buy American requirement of the 

Recovery Act have been determined 

applicable for work using Capital Fund 

Recovery Formula and Competition 

(CFRFC) grant funds. Specifically, an 

mstockstill on DSK4VPTVN1PROD with NOTICES