61466 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 

Dated: October 19, 2005. 

Charles E. McQueary, 

Under Secretary for Science and Technology 

Science and Technology Directorate. 

[FR Doc. 05–21308 Filed 10–21–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

Automated Commercial Environment 

(ACE): Creation of Non-Portal 

Accounts for Importers; Automatic 

ACE Participation for C–TPAT 

Members 

AGENCY: Customs and Border Protection; 

Department of Homeland Security. 

ACTION: General notice. 

SUMMARY: This notice announces the 

creation of Non-portal Accounts for 

importers wishing to participate in the 

Automated Commercial Environment 

(ACE) test, but not seeking the benefits 

that inure to parties that establish Portal 

Accounts. This notice also announces 

that all importers who are certified 

partners in the voluntary Customs–

Trade Partnership Against Terrorism 

(C–TPAT) Program, and are not holders 

of ACE Portal Accounts, are 

automatically established as ACE Nonportal Accounts and are eligible to 

participate in the Periodic Monthly 

Statement test. This Notice further 

announces that importers who are not 

certified partners in C–TPAT may still 

become Non-portal Accounts by 

accurately completing a Customs and 

Border Protection Form (CBP Form) 

5106 and then submitting that 

document to a customs broker who is 

participating in ACE via a Portal 

Account. The broker will then submit 

that information to CBP. Finally, the 

document states that any current C–

TPAT certified partners who are owners 

of Portal Accounts and are not 

participating in Periodic Monthly 

Statement (PMS) may immediately 

participate in PMS directly with CBP, or 

through a customs broker with an ACE 

Portal Account, by providing to CBP 

those importer of record numbers that 

are part of the Portal Account and that 

have been previously designated to C–

TPAT. 

DATES: The provisions of this Notice are 

effective immediately. 

ADDRESSES: Comments concerning this 

notice should be submitted to Mr. 

Michael Maricich via e-mail at 

Michael.Maricich@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this Notice: Mr. 

Michael Maricich via e-mail at 

Michael.Maricich@dhs.gov, or by 

telephone at (703) 921–7520. 

Information is also available at the CBP 

Web site, cbp.gov, regarding the 

procedures to follow in order to 

establish the accounts described in this 

notice, such as the submission of forms, 

information, etc. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 1, 2002, CBP published a 

General Notice in the Federal Register 

(67 FR 21800) announcing a plan to 

conduct a National Customs 

Automation Program (NCAP) test of the 

first phase of the Automated 

Commercial Environment. In this 

notice, CBP stated that it planned to 

select approximately forty importer 

accounts from the list of qualified 

applicants for the initial deployment of 

this test. The test would allow importers 

and authorized parties to access their 

customs data via a web based Account 

Portal. In order to be eligible for 

participation, an importer was required 

to become a member of the Customs–

Trade Partnership Against Terrorism 

(C–TPAT) Program and had to have the 

ability to connect to the internet. Each 

participant had to designate one person 

as the account owner for the company’s 

portal account information, with that 

account owner being responsible for 

safeguarding the company’s portal 

account information, controlling all 

disclosures of that information to 

authorized persons, authorizing user 

access to the Account Portal and 

ensuring that access to the company’s 

portal account information by 

authorized persons is strictly controlled. 

Each importer wishing to participate 

was required to fill out an application 

and, while not expressly stated in the 

Notice, each applicant was also required 

to agree to a set of terms and conditions. 

On June 18, 2002, CBP extended the 

application period for those desiring to 

be one of the initial importer 

participants by publishing a second 

General Notice in the Federal Register 

(67 FR 41572). That notice emphasized 

that applications to be an initial 

participant had to be submitted to CBP 

prior to August 1, 2002. Applications 

would be accepted after that date, but 

parties who so applied would be placed 

on a waiting list and considered for 

participation pending expansion of the 

technology. 

On February 4, 2004, CBP published 

a General Notice in the Federal Register 

(69 FR 5362) announcing the next step 

toward the full electronic processing of 

commercial importations in ACE, with a 

focus on identifying authorized 

importers and brokers to participate in 

the test to implement the Periodic 

Monthly Statement (PMS) Process. 

Under the test as described in this 

Notice, participating importers and their 

designated brokers are allowed to 

deposit estimated duties and fees no 

later than the 15th calendar day of the 

month following the month in which 

the goods are either entered or released, 

whichever comes first. (See section 383 

of the Trade Act of 2002, Pub. L. 107–

210, dated August 6, 2002, which 

amended section 505(a) of the Tariff Act 

of 1930 (19 U.S.C. 1505(a)). Brokers are 

permitted to establish broker accounts 

in the secure data portal in order to 

submit Periodic Monthly Statements on 

behalf of their clients eligible to 

participate. 

The February 4, 2004, General Notice 

further stated that participants in this 

test would benefit by having access to 

operational data through the ACE 

Secure Data Portal (‘‘Portal’’), enjoying 

the capability of being able to interact 

electronically with CBP, and making 

payments of duties and fees on a 

periodic monthly basis. Pursuant to this 

Notice, an importer wishing to designate 

a broker to make Periodic Monthly 

Statement payment on his behalf can do 

so only after first establishing himself as 

an importer ACE Portal account by 

meeting the basic criteria set forth in the 

Federal Register notices of May 1, 2002 

(67 FR 21800) plus two new additional 

requirements, i.e., having the ability to 

make periodic payment via ACH Credit 

or ACH Debit and having the ability to 

file entry/entry summary via ABI 

(Automated Broker Interface). Also, 

designated brokers wishing to 

participate in this test and make 

Periodic Monthly Statement payment on 

behalf of participating importers also 

had to establish individual broker ACE 

Portal Accounts, also meeting those 

same requirements. In addition, in order 

for customs brokers to apply, they had 

to provide names of the initial forty-one 

importers participating in the test who 

had designated or would designate them 

as the authorized broker. 

On September 8, 2004, CBP published 

a General Notice in the Federal Register 

(69 FR 54302), reminding the public 

that importers and their designated 

brokers may still apply to establish ACE 

Portal accounts so as to participate in 

the Periodic Monthly Statement Process. 

The Notice again invited customs 

brokers to participate in the ACE Portal 

test generally. 

On February 1, 2005, CBP published 

a General Notice in the Federal Register 

(70 FR 5199) modifying the eligibility 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 61467 

requirements for the establishment of an 

ACE portal account and announced that 

applicants seeking to establish importer 

or broker accounts so as to access the 

ACE Portal, or to participate in any test, 

were no longer required to provide a 

statement certifying participation in the 

Customs Trade Partnership Against 

Terrorism (C-TPAT). 

On August 8, 2005, CBP published a 

General Notice in the Federal Register 

(70 FR 45736) changing the time period 

allowed for the deposit of the duties and 

fees from the 15th calendar day to the 

15th working day of the month 

following the month in which the goods 

are either entered or released. That 

change was made in order to comply 

with the provisions of section 2004 of 

the Miscellaneous Trade and Technical 

Corrections Act of 2004, Public Law 

108–429, which extended the time of 

deposit of those estimated duties and 

fees. The document also advised that 

entries containing Census errors are 

eligible to be placed on a Periodic Daily 

Statement and designated for monthly 

payment. Finally, the document 

described those situations where 

liquidated damages would be imposed 

for failing to pay estimated duties in a 

timely manner. 

On September 22, 2005, CBP 

published a General Notice in the 

Federal Register (70 FR 55632) 

eliminating the requirement that 

participants in the Periodic Monthly 

statement test provide a bond rider 

covering the periodic payment of 

estimated duties and fees. The Notice 

indicated that nonpayment or untimely 

payment of estimated duties and fees 

may result in action by CBP to impose 

sanctions on the delinquent importer of 

record or to allow the surety to 

terminate its basic importation bond. If 

the bond principal is a participant in the 

Periodic Monthly Statement test, 

sureties will be allowed, under certain 

conditions, to terminate bonds with 3 

business days notice to the bond 

principal and CBP. 

Description of Changes 

Removal of Requirement for 

Participation in Periodic Monthly 

Statement 

In order to encourage maximum 

participation, CBP will no longer 

require that importers first establish 

ACE Portal Accounts in order to deposit 

estimated duties and fees as part of 

Periodic Monthly Statement (PMS). 

Previous releases of ACE involved 

testing the ability of importers and 

authorized parties to access their CBP 

data via the Portal, with a focus on 

defining and establishing the Importer 

Account structure. Among other things, 

the requirement to establish an ACE 

Portal Account was considered a benefit 

to participants because it provides them 

with access to their operational data 

through the ACE Portal. 

CBP recognizes that some importers, 

while wishing to deposit estimated 

duties and fees on a monthly basis, 

would prefer to designate a broker to 

perform this role, and may choose not 

to access their data via the Portal. As 

such, CBP has decided that in lieu of the 

requirement to establish an importer 

ACE Portal account prior to 

participation in periodic monthly 

payment, CBP will only require an 

importer to establish a Non-portal 

Account. 

Non-Portal Accounts 

Through this Notice, CBP announces 

the establishment of Non-portal 

Accounts in ACE. At this point during 

the ACE test, Non-portal Accounts will 

only be afforded to importers. 

Importers desiring to participate in 

ACE through Non-portal Accounts will 

not be required to meet the application 

requirements outlined to date, but will 

be required to provide information 

related to identity (unless they are C–

TPAT certified partners, automatically 

becoming ACE Non-portal Accounts, as 

described later in this document). 

Importers establishing Non-portal 

Accounts will be eligible to participate 

in the Periodic Monthly Statement test 

and pay estimated duties and fees on a 

monthly basis. In order to participate in 

the Periodic Monthly Statement test 

consistent with the provisions of this 

General Notice, a Non-portal Account 

importer must have its duty and fee 

deposits guaranteed by a continuous 

basic importation bond. Ultimately, it is 

CBP’s intention to permit the filing of 

single transaction bonds for those 

importers wishing to participate in the 

payment of estimated duties in the 

Periodic Monthly Statement test. 

However, at this stage in the test 

development, in order to ensure that all 

Non-portal Account participants receive 

some fiscal scrutiny, continuous bonds 

will be required. 

In order to participate as a Non-portal 

Account, a party must submit to its 

customs broker a CBP Form 5106, 

Notification of Importer’s Number or 

Notice of Change of Name or Address, 

with accurate information. Brokers with 

Portal Accounts are eligible to establish 

Non-portal Accounts on behalf of their 

clients. Brokers who accept CBP Form 

5106 information from a client and 

submit that information to CBP in order 

to establish a Non-portal Account on 

behalf of that client should exercise due 

diligence to ensure that all information 

provided by the client that is used in the 

processing of merchandise is accurate. 

Under the procedures for establishing 

Non-portal Accounts for the test, the 

broker shall be obligated to maintain an 

accurately completed power of attorney 

on file on behalf of that importer. The 

broker will be required to exercise 

responsible supervision and control 

over customs business as required by 

the provisions of title 19, United States 

Code, section 1641. 

Upon completion of the 

aforementioned requirements, holders 

of Non-portal Accounts may participate 

in Periodic Monthly Statement via a 

broker with a Portal Account. 

Automatic Participation in ACE for C–

TPAT Certified Partners 

All importer certified partners in the 

voluntary Customs Trade Partnership 

Against Terrorism (C–TPAT) who do 

not have portal accounts are 

automatically considered to be ACE 

Non-portal Accounts eligible to 

participate in the Periodic Monthly 

Statement test. C–TPAT is an initiative 

between business and government to 

protect global commerce from terrorism. 

Importers applying to participate in C–

TPAT, among other things, are required 

to be active U.S. importers or nonresident Canadian importers into the 

United States, have a business office 

staffed in the United States or Canada 

and have active U.S. importer of record 

ID(s) in any of the following formats: (1) 

U.S. Social Security Number; (2) U.S. 

Internal Revenue Service assigned ID(s); 

or (3) CBP assigned Importer ID. 

Accordingly, inasmuch as this 

information is provided to CBP in the 

application process, C–TPAT certified 

partners automatically designated as 

Non-portal Accounts are not required to 

follow the Non-portal Account process 

described earlier in this Notice. Also, 

brokers with C–TPAT clients will not be 

required to submit the completed CBP 

Form 5106. Necessary powers of 

attorney must be maintained. In order to 

apply for PMS participation, the C–

TPAT Non-portal Account must use a 

broker with an ACE Portal Account to 

designate to CBP the Non-portal 

Account as a C–TPAT certified partner 

and provide CBP with the importer of 

record IDs that have been previously 

designated to C–TPAT. 

C–TPAT importers are encouraged to 

apply to become ACE Portal Accounts 

as described in the May 1, 2002, and 

February 4, 2004, Federal Register 

Notices described earlier. 

61468 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 

C–TPAT Portal Accounts Currently Not 

Participating in Periodic Monthly 

Statement 

C–TPAT certified partners who hold 

ACE Portal Accounts and are not taking 

advantage of Periodic Monthly 

Statement estimated duty and fee 

payments may do so directly with CBP, 

or through a customs broker with an 

ACE Portal Account, by providing to 

CBP those U.S. importer of record IDs 

that are part of the Portal Account and 

have been previously designated to C–

TPAT. No further participation 

requirements need be met. 

Previous Notices and Suspension of 

Regulations 

All requirements and aspects of the 

ACE test discussed in previous notices 

are hereby incorporated by reference 

into this notice and continue to be 

applicable, unless changed by this 

notice. Examples of such requirements 

and aspects are the rules regarding 

misconduct under the test and the 

required evaluation of the test (both of 

which are detailed in the notices 

published at 67 FR 21800 and 69 FR 

5362). 

During the testing of the Periodic 

Monthly Statement process, CBP is 

suspending provisions in Parts 24, 141, 

142, and 143 of the CBP Regulations 

(Title 19 Code of Federal Regulations) 

pertaining to financial, accounting, 

entry procedures, and deposit of 

estimated duties and fees. Absent any 

specified alternate procedure, the 

current regulations apply. 

All of the terms of the test and criteria 

for participation therein, as announced 

in the previous notices identified above, 

continue to be applicable unless 

changed by this notice. 

Dated: October 19, 2005. 

Robert C. Bonner, 

Commissioner, Customs and Border 

Protection. 

[FR Doc. 05–21165 Filed 10–21–05; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[FEMA–3214–EM] 

Alabama; Amendment No. 2 to Notice 

of an Emergency Declaration 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of an emergency declaration for the 

State of Alabama (FEMA–3214–EM), 

dated August 28, 2005, and related 

determinations. 

EFFECTIVE DATE: September 18, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Magda Ruiz, Recovery Division, Federal 

Emergency Management Agency, 

Washington, DC 20472, (202) 646–2705. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) hereby gives notice that 

pursuant to the authority vested in the 

Acting Under Secretary for Emergency 

Preparedness and Response, Department 

of Homeland Security, under Executive 

Order 12148, as amended, Michael 

Bolch of FEMA is appointed to act as 

the Federal Coordinating Officer for this 

declared emergency. 

This action terminates my 

appointment of Ron Sherman as Federal 

Coordinating Officer for this emergency. 

(The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund Program; 97.032, Crisis 

Counseling; 97.033, Disaster Legal Services 

Program; 97.034, Disaster Unemployment 

Assistance (DUA); 97.046, Fire Management 

Assistance; 97.048, Individuals and 

Households Housing; 97.049, Individuals and 

Households Disaster Housing Operations; 

97.050, Individuals and Households 

Program—Other Needs; 97.036, Public 

Assistance Grants; 97.039, Hazard Mitigation 

Grant Program.) 

R. David Paulison, 

Acting Under Secretary, Emergency 

Preparedness and Response, Department of 

Homeland Security. 

[FR Doc. 05–21135 Filed 10–21–05; 8:45 am] 

BILLING CODE 9110–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[FEMA–1582–DR] 

American Samoa; Amendment No. 3 to 

Notice of a Major Disaster Declaration 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of a major disaster for the Territory of 

American Samoa (FEMA–1582–DR), 

dated February 18, 2005, and related 

determinations. 

EFFECTIVE DATE: October 12, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Magda Ruiz, Recovery Division, Federal 

Emergency Management Agency, 

Washington, DC 20472, (202) 646–2705. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that special conditions are 

warranted regarding the cost sharing 

arrangements concerning Federal funds 

provided under the authority of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, 42 U.S.C. 

5121–5206 (Stafford Act). Therefore, 

consistent with 48 U.S.C. 1469a(d), 

pertaining to insular areas, and the 

President’s declaration letter dated 

February 18, 2005, Federal funds for the 

Public Assistance and Hazard 

Mitigation Grant Programs, and for 

Other Needs Assistance under the 

Individuals and Households Program 

are authorized at 90 percent of total 

eligible costs for American Samoa. 

These cost shares are effective as of the 

date of the President’s major disaster 

declaration. 

(The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund Program; 97.032, Crisis 

Counseling; 97.033, Disaster Legal Services 

Program; 97.034, Disaster Unemployment 

Assistance (DUA); 97.046, Fire Management 

Assistance; 97.048, Individual and 

Household Housing; 97.049, Individual and 

Household Disaster Housing Operations; 

97.050, Individual and Household Program—

Other Needs; 97.036, Public Assistance 

Grants; 97.039, Hazard Mitigation Grant 

Program.) 

R. David Paulison, 

Acting Under Secretary, Emergency 

Preparedness and Response, Department of 

Homeland Security. 

[FR Doc. 05–21137 Filed 10–21–05; 8:45 am] 

BILLING CODE 9110–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[FEMA–1608–DR] 

North Carolina; Major Disaster and 

Related Determinations 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: This is a notice of the 

Presidential declaration of a major 

disaster for the State of North Carolina 

(FEMA–1608–DR), dated October 7, 

2005, and related determinations.