16414 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

determined, and the Secretary certifies, 

that this notice will not have a 

significant economic impact on a 

substantial number of small entities. 

In addition, section 1102(b) of the Act 

requires us to prepare a regulatory 

impact analysis if a rule may have a 

significant impact on the operations of 

a substantial number of small rural 

hospitals. This analysis must conform to 

the provisions of section 604 of the 

RFA. For purposes of section 1102(b) of 

the Act, we define a small rural hospital 

as a hospital that is located outside of 

a Metropolitan Statistical Area for 

Medicare payment regulations and has 

fewer than 100 beds. We are not 

preparing an analysis for section 1102(b) 

of the Act because we have determined, 

and the Secretary certifies, that this 

notice will not have a significant impact 

on the operations of a substantial 

number of small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule whose mandates require spending 

in any 1 year of $100 million in 1995 

dollars, updated annually for inflation. 

In 2014, that threshold is approximately 

$141 million. This notice will have no 

consequential effect on State, local, or 

tribal governments or on the private 

sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this notice does not impose any 

costs on State or local governments, the 

requirements of Executive Order 13132 

are not applicable. 

In accordance with the provisions of 

Executive Order 12866, this notice was 

reviewed by the Office of Management 

and Budget. 

Dated: March 10, 2015. 

Andrew M. Slavitt, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2015–07108 Filed 3–26–15; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Modification of National Customs 

Automation Program (NCAP) Test 

Concerning Automated Commercial 

Environment (ACE) Cargo Release for 

Type 03 Entries and for Truck Carriers 

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 modify the National 

Customs Automation Program (NCAP) 

test concerning Automated Commercial 

Environment (ACE) cargo release to 

allow importers and customs brokers to 

file type 03 entries for all modes of 

transportation and to file, for cargo 

transported in the truck mode, entries 

for split shipments or partial shipments 

and entry on cargo which has been 

moved in-bond from the first U.S. port 

of unlading. 

DATES: The ACE Cargo Release Test 

modifications became effective on 

March 1, 2015. The ACE Cargo Release 

Test will continue until CBP publishes 

in the Federal Register an 

announcement of its conclusion. 

ADDRESSES: Comments or questions 

concerning this notice and indication of 

interest in participation in ACE Cargo 

Release Test should be submitted, via 

email, to Steven Zaccaro at 

steven.j.zaccaro@cbp.dhs.gov. In the 

subject line of your email, please use, 

‘‘Comment on ACE Cargo Release 03 

Entries and Truck Mode.’’ The body of 

the email should identify the ports 

where filings are likely to occur. 

FOR FURTHER INFORMATION CONTACT: For 

policy questions related to ACE, contact 

Josephine Baiamonte, Acting Director, 

Business Transformation, ACE Business 

Office, Office of International Trade, at 

josephine.baiamonte@dhs.gov. For 

policy questions related to ISF, contact 

Craig Clark, Program Manager, Cargo 

and Conveyance Security, Office of 

Field Operations, at craig.clark@

cbp.dhs.gov. For technical questions, 

contact Steven Zaccaro, Client 

Representative Branch, ACE Business 

Office, Office of International Trade, at 

steven.j.zaccaro@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

I. The National Customs Automation 

Program 

This test notice, and the Customs 

related electronic functions it describes, 

are part of the National Customs 

Automation Program (NCAP). 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 

focus of customs modernization was on 

trade compliance and the development 

of the Automated Commercial 

Environment (ACE), the planned 

successor to the legacy Customs 

Automated Commercial System (ACS). 

ACE is an automated and electronic 

system for commercial trade processing. 

ACE will streamline business processes, 

facilitate growth in trade, ensure cargo 

security, and foster participation in 

global commerce, while ensuring 

compliance with U.S. laws and 

regulations and reducing costs for CBP 

and all its communities of interest. The 

ability to meet these objectives depends 

upon 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 introduce a 

new capability or 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. 

The ACE Cargo Release test was 

previously known as the Simplified 

Entry Test, because the test simplified 

the entry process by reducing the 

number of data elements required to 

obtain release for cargo transported by 

air. The original test notice required 

participants to be a member of the 

Customs-Trade Partnership Against 

Terrorism (C–TPAT) program. Through 

phased releases of ACE component 

functionality, this test has been 

expanded to allow all eligible 

participants to join the test for an 

indefinite period regardless of the 

C–TPAT status of an importer self-filer 

or a customs broker. CBP also expanded 

the ACE Cargo release test to allow ACEparticipating brokers and importers to 

file for release of cargo transported by 

air, ocean, or rail. See 79 FR 6210 

(February 3, 2014). For these three 

modes of transportation, CBP limited 

the ACE Cargo Release test to formal 

consumption entries, which ACS 

termed Type 01 entries; and to informal 

entries, which ACS termed Type 11 

entries. See 79 FR 6210. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16415 

On May 2, 2014, CBP published a 

Federal Register notice to announce its 

expansion of the ACE Cargo Release test 

to allow ACE-participating brokers and 

importers to file for release of cargo 

transported by truck, but only for Type 

01 and Type 11 entries. 79 FR 25142 

(May 2, 2014). In that phase of the ACE 

Cargo Release test, however, for cargo 

transported by truck, CBP excluded split 

shipments, partial shipments, entry on 

cargo that has been moved in-bond from 

the first U.S. port of unlading, and 

entries requiring PGA information. 

For the convenience of the public, all 

Federal Register publications detailing 

ACE test developments in Entry, 

Summary, Accounts, and Revenue 

(ESAR) are listed chronologically at the 

end of this notice, in Section VI. 

‘‘Development of ACE Prototypes.’’ 

CBP’s ACE eligibility criteria, technical 

specifications, recordkeeping 

requirements, and rules, as specified in 

prior NCAP test notices for ACE, remain 

in effect unless CBP publishes a notice, 

such as this one, that explicitly 

announces a change. 

II. Authorization for the Test 

The Customs Modernization 

provisions in the North American Free 

Trade Agreement Implementation Act 

provide the Commissioner of CBP with 

authority to conduct limited test 

programs or procedures designed to 

evaluate planned components of the 

NCAP. This test is authorized pursuant 

to § 101.9(b) of the CBP Regulations (19 

CFR 101.9(b)) which provides for the 

testing of NCAP programs or 

procedures. See Treasury Decision 

(T.D.) 95–21. 

III. Modification of ACE Cargo Release 

Test To Include Type 03 Entries, and To 

Expand Cargo Release Filing 

Capabilities for Cargo Conveyed by 

Truck 

This notice announces that, as an 

addition to Type 01 and Type 11 

entries, CBP is now allowing brokers 

and importers, who are also ACE 

participants, to file, for air, ocean, rail, 

and truck modes of transportation, a 

simplified entry for release of cargo 

subject to an antidumping or 

countervailing duty proceeding, which 

ACS termed Type 03 entries. 

This notice also announces that CBP 

is now allowing ACE-participating 

brokers and importers to file for release 

of cargo transported by truck that are 

split shipments, partial shipments, entry 

on cargo that has been moved in-bond 

from the first U.S. port of unlading. 

Eligibility Requirements 

To be eligible to apply for this test, 

the applicant must: (1) Be a self-filing 

importer who has the ability to file ACE 

Entry Summaries certified for cargo 

release or a broker who has the ability 

to file ACE Entry Summaries certified 

for cargo release; or (2) have evinced the 

intent to file entry summaries in ACE. 

Parties seeking to participate in this 

test must use a software package that 

has completed Automated Broker 

Interface (ABI) certification testing for 

ACE and offers the ACE Cargo Release 

(SE) message set prior to transmitting 

data under the test. See the General 

Notice of August 26, 2008 (73 FR 50337) 

for a complete discussion on procedures 

for obtaining an ACE Portal Account. 

Importers not self-filing must be sure 

their broker has the capability to file 

entry summaries in ACE. 

Document Image System (DIS) 

Parties who file entry summaries in 

ACE are allowed to submit specified 

CBP and PGA documents via a CBPapproved Electronic Data Interchange 

(EDI). In a notice published in the 

Federal Register (79 FR 36083) on June 

25, 2014, CBP set forth the rules for 

filing submissions via DIS and a list of 

CBP and PGA forms that may be 

submitted via DIS. For technical 

information about how ACE participants 

may build an interface to connect with 

CBP DIS, see http://www.cbp.gov/sites/

default/files/documents/dis_

implementation_guide_3.pdf. 

Test Participation Selection Criteria 

The ACE Cargo Release test is open to 

all importers and customs brokers filing 

ACE Entry Summaries for cargo 

transported in the ocean, rail, and truck 

modes. CBP will endeavor to accept all 

new eligible applicants on a first come, 

first served basis; however, if the 

volume of eligible applicants exceeds 

CBP’s administrative capabilities, CBP 

will reserve the right to select importer 

and exporter participants based upon 

entry filing volume, diversity of clients 

or of industries represented, while 

giving consideration to the order in 

which CBP received the requests to 

participate. 

Any party seeking to participate in 

this test must provide CBP, in their 

request to participate, their filer code 

and the port(s) at which they are 

interested in filing ACE Cargo Release 

transaction data. At this time, ACE 

Cargo Release data may be submitted 

only for entries filed at certain ports. A 

current listing of those ports may be 

found on the following Web site: 

http://www.cbp.gov/document/

guidance/ace-cargo-release-pilot-ports. 

CBP may expand to additional ports in 

the future. 

Filing Capabilities 

The filing capabilities for the ACE 

Cargo Release test set forth in a Federal 

Register notice (79 FR 25142) continue 

to apply and are now expanded to 

include ACE-participating importers 

and customs brokers filing for cargo 

transported in the truck mode, to allow 

for automated corrections and 

cancellations, split shipments, partial 

shipments, entry on cargo which has 

been moved by in-bond from the first 

U.S. port of unlading, and entry for a 

full manifested bill quantity. These new 

capabilities include functionality 

specific to the filing and processing of 

Type 01, Type 03, and Type 11 for cargo 

conveyed by air, ocean, rail, or truck 

mode of transportation. The ACE Cargo 

Release filing capabilities serve to assist 

the importer in completion of entry as 

required by the provisions of 19 U.S.C. 

1484(a)(1)(B). 

Data Elements To Be Filed 

In lieu of filing CBP Form 3461 data, 

the importer or broker acting on behalf 

of the importer must file the following 

12 data elements (known as the ACE 

Cargo Release Data set) with CBP: 

(1) Importer of Record Number. 

(2) Buyer name and address. 

(3) Buyer Employer Identification 

Number (consignee number). 

(4) Seller name and address. 

(5) Manufacturer/supplier name and 

address. 

(6) HTS 10-digit number. 

(7) Country of origin. 

(8) Bill of lading/house air waybill 

number. 

(9) Bill of lading issuer code. 

(10) Entry number. 

(11) Entry type. 

(12) Estimated shipment value. 

For cargo transported by ocean or by 

rail, the filer has the option, but is not 

required, to provide the following three 

(3) data elements: 

(13) Ship to party name and address 

(optional). 

(14) Consolidator name and address 

(optional). 

(15) Container stuffing location 

(optional). 

To enable enhanced functionality in 

ACE Cargo Release, the ACEparticipating importer or broker may 

provide an additional three (3) data 

elements if applicable, for cargo 

transported by air, ocean, rail, or truck: 

(16) Port of Entry (if an in-bond 

number is provided in the entry 

submission, the planned port of entry 

must also be provided). 

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16416 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

(17) In-Bond number (if an in-bond 

shipment). 

(18) Bill Quantity (if bill of lading 

quantity is specified in the entry, it 

becomes the entered and released 

quantity for that bill. If the bill quantity 

is not specified, full bill quantity will be 

entered and released for that bill). 

Data element (1) and data elements (6) 

through (12) are defined in the same 

manner as when they are used for entry 

filing on the CBP Form 3461. Data 

elements (2) through (5) and (13) 

through (15) are defined in accordance 

with the provisions of 19 CFR 149.3. 

The ACE Cargo Release Data set may 

be filed at any time prior to arrival of 

the cargo in the United States port of 

arrival with the intent to unlade. This 

data fulfills merchandise entry 

requirements and allows for earlier 

release decisions and more certainty for 

the importer in determining the logistics 

of cargo delivery. 

Functionality 

Upon receipt of the ACE Cargo 

Release data, CBP will process the 

submission and will subsequently 

transmit its cargo release decision to the 

filer. If a subsequent submission is 

submitted to CBP, CBP’s decision 

regarding the original submission is no 

longer controlling. 

The merchandise will then be 

considered to be entered upon its arrival 

in the port with the intent to unlade, as 

provided by current 19 CFR 141.68(e). 

V. 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. 

VI. Development of ACE Prototypes 

A chronological listing of Federal 

Register publications, which describe 

ACE test developments, is provided, 

below. 

ACE Portal Accounts and Subsequent 

Revision Notices: 67 FR 21800 (May 1, 2002); 

69 FR 5360 and 69 FR 5362 (February 4, 

2004); 69 FR 54302 (September 8, 2004); 70 

FR 5199 (February 1, 2005). ACE System of 

Records Notice: 71 FR 3109 (January 19, 

2006). 

Terms/Conditions for Access to the ACE 

Portal and Subsequent Revisions: 72 FR 

27632 (May 16, 2007); 73 FR 38464 (July 7, 

2008). 

ACE Non-Portal Accounts and Related 

Notice: 70 FR 61466 (October 24, 2005); 71 

FR 15756 (March 29, 2006). 

ACE Entry Summary, Accounts and 

Revenue (ESAR I) Capabilities: 72 FR 59105 

(October 18, 2007). 

ACE Entry Summary, Accounts and 

Revenue (ESAR II) Capabilities: 73 FR 50337 

(August 26, 2008); 74 FR 9826 (March 6, 

2009). 

ACE Entry Summary, Accounts and 

Revenue (ESAR III) Capabilities: 74 FR 69129 

(December 30, 2009). 

ACE Entry Summary, Accounts and 

Revenue (ESAR IV) Capabilities: 76 FR 37136 

(June 24, 2011). 

Post-Entry Amendment (PEA) Processing 

Test: 76 FR 37136 (June 24, 2011). 

ACE Announcement of a New Start Date 

for the National Customs Automation 

Program Test of Automated Manifest 

Capabilities for Ocean and Rail Carriers: 76 

FR 42721 (July 19, 2011). 

ACE Simplified Entry: 76 FR 69755 

(November 9, 2011). 

National Customs Automation Program 

(NCAP) Tests Concerning Automated 

Commercial Environment (ACE) Document 

Image System (DIS): 77 FR 20835 (April 6, 

2012). 

National Customs Automation Program 

(NCAP) Tests Concerning Automated 

Commercial Environment (ACE) Simplified 

Entry: Modification of Participant Selection 

Criteria and Application Process: 77 FR 

48527 (August 14, 2012). 

Modification of NCAP Test Regarding 

Reconciliation for Filing Certain PostImportation Preferential Tariff Treatment 

Claims under Certain FTAs: 78 FR 27984 

(May 13, 2013). 

Modification of Two National Customs 

Automation Program (NCAP) Tests 

Concerning Automated Commercial 

Environment (ACE) Document Image System 

(DIS) and Simplified Entry (SE): 78 FR 44142 

(July 23, 2013). 

Modification of Two National Customs 

Automation Program (NCAP) Tests 

Concerning Automated Commercial 

Environment (ACE) Document Image System 

(DIS) and Simplified Entry (SE); Correction: 

78 FR 53466 (August 29, 2013). 

Modification of NCAP Test Concerning 

Automated Commercial Environment (ACE) 

Cargo Release (formerly known as Simplified 

Entry): 78 FR 66039 (November 4, 2013). 

Post-Summary Corrections to Entry 

Summaries Filed in ACE Pursuant to the 

ESAR IV Test: Modifications and 

Clarifications: 78 FR 69434 (November 19, 

2013). 

National Customs Automation Program 

(NCAP) Test Concerning the Submission of 

Certain Data Required by the Environmental 

Protection Agency and the Food Safety and 

Inspection Service Using the Partner 

Government Agency Message Set Through 

the Automated Commercial Environment 

(ACE): 78 FR 75931 (December 13, 2013). 

Modification of National Customs 

Automation Program (NCAP) Test 

Concerning Automated Commercial 

Environment (ACE) Cargo Release for Ocean 

and Rail Carriers: 79 FR 6210 (February 3, 

2014). 

Modification of National Customs 

Automation Program (NCAP) Test 

Concerning Automated Commercial 

Environment (ACE) Cargo Release To Allow 

Importers and Brokers To Certify From ACE 

Entry Summary: 79 FR 24744 (May 1, 2014). 

Modification of National Customs 

Automation Program (NCAP) Test 

Concerning Automated Commercial 

Environment (ACE) Cargo Release for Truck 

Carriers: 79 FR 25142 (May 2, 2014). 

Modification of National Customs 

Automation Program (NCAP) Test 

Concerning Automated Commercial 

Environment Document Image System: 79 FR 

36083 (June 25, 2014). 

eBond Test: 79 FR 70881 (November 28, 

2014); 80 FR 899 (January 7, 2015). 

Dated: March 24, 2015. 

Brenda B. Smith, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. 2015–07122 Filed 3–26–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[1651–0009] 

Agency Information Collection 

Activities: Customs Declaration 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 60-Day Notice and request for 

comments; Extension of an existing 

collection of information. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security will be submitting 

the following information collection 

request to the Office of Management and 

mstockstill on DSK4VPTVN1PROD with NOTICES