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[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37893-37895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17076]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Automated Commercial Environment (ACE) Export Manifest for Rail 
Cargo Test: Expansion of Test To Include Additional Participants, 
Modification of Required Data Elements, and Extension of Test

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This notice announces that CBP is modifying the U.S. Customs 
and Border Protection's (CBP's) Automated Commercial Environment (ACE) 
Export Manifest for Rail Cargo Test, a National Customs Automation 
Program (NCAP) test concerning ACE export manifest capability by 
changing the reporting requirements for certain data elements. CBP is 
also extending the test and will be accepting additional applications 
for participation in this modified test from all parties meeting the 
eligibility requirements.

DATES: The modifications of the ACE Export Manifest for Rail Cargo Test 
set forth in this document are effective August 14, 2017. The modified 
test will run until October 9, 2018. Applications from additional 
participants may be submitted at any time. Current test participants do 
not need to reapply. Comments concerning this notice and all aspects of 
the test may be submitted

[[Page 37894]]

at any time during the test period to the email address below.

ADDRESSES: Applications to participate in the ACE Export Manifest for 
Rail Cargo Test must be submitted via email to CBP Export Manifest at 
[email protected]. In the subject line of the email, 
please use ``ACE Export Manifest for Rail Cargo Test Application''. 
Written comments concerning program, policy, and technical issues may 
also be submitted via email to CBP Export Manifest at 
[email protected]. In the subject line of the email, 
please use ``Comment on ACE Export Manifest for Rail Cargo Test''.

FOR FURTHER INFORMATION CONTACT: Robert C. Rawls, Outbound Enforcement 
and Policy Branch, Office of Field Operations, U.S. Customs and Border 
Protection, via email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The ACE Export Manifest for Rail Cargo Test is a voluntary test in 
which participants agree to submit export manifest data to CBP 
electronically, at least 2 hours prior to loading of the cargo onto the 
train in preparation for departure from the United States or, for empty 
rail cars, upon assembly of the train. The ACE Export Manifest for Rail 
Cargo Test is authorized under Sec.  101.9(b) of title 19 of the Code 
of Federal Regulations (19 CFR 101.9(b)), which provides for the 
testing of NCAP programs or procedures. See Treasury Decision (T.D.) 
95-21.
    CBP announced the procedures and criteria related to participation 
in the ACE Export Manifest for Rail Cargo Test in a notice published in 
the Federal Register on September 9, 2015 (80 FR 54305). This test was 
originally set to run for approximately two years. For further details 
on the background and procedures regarding the test, please refer to 
the September 9, 2015 notice.

Expansion of Test to Additional Participants

    In the September 9, 2015 notice announcing the initial phase of the 
ACE Export Manifest for Rail Cargo Test, CBP stated that participation 
in the test was limited to nine stakeholders composed of rail carriers 
who met the eligibility requirements. This notice announces that the 
ACE Export Manifest for Rail Cargo Test is now open to all eligible 
applicants. CBP will endeavor to accept all new eligible applicants on 
a first come first serve basis. If the number of eligible applicants 
exceeds CBP's administrative capabilities, CBP reserves the right to 
select eligible participants in order to achieve a diverse participant 
pool.

Eligibility Requirements

    Except for the expansion to additional participants, the 
eligibility requirements for the ACE Export Manifest for Rail Cargo 
Test have not changed since the September 9, 2015 notice. For clarity 
and convenience to the public, CBP sets forth below the eligibility 
requirements for participation in the test.
    Participation in the ACE Export Manifest for Rail Cargo Test is 
limited to those parties able to electronically transmit manifest data 
in the identified acceptable format. Prospective ACE Export Manifest 
for Rail Cargo Test participants must have the technical capability to 
electronically submit data to CBP and receive response message sets via 
Cargo-ANSI X12 (also known as ``Rail X12'') or Unified XML, \1\ and 
must successfully complete certification testing with their client 
representative. Once parties have applied to participate, they must 
complete a test phase to determine if the data transmission is in the 
required readable format. Applicants will be notified once they have 
successfully completed testing and are permitted to participate fully 
in the test. In selecting participants, CBP will take into 
consideration the order in which the applications are received.
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    \1\ Unified XML was not yet functional at the time of the 
original Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test. It is now fully functional and available for use.
---------------------------------------------------------------------------

    There are no restrictions with regard to the participant's 
organization size, location, or commodity type for participation in the 
test.

Modification of the Filing Condition of Certain Data Elements

    One of the main purposes of the ACE Export Manifest for Rail Cargo 
Test is to test the feasibility of requiring rail carriers to file 
export manifest data to CBP. Another purpose is to test the 
functionality regarding the filing of export manifest data for rail 
cargo electronically to ACE within a specified time before the cargo is 
loaded on the train. Under the current regulatory requirements, the 
rail carrier is not required to submit a paper or electronic manifest 
for cargo exported from the United States by rail. The U.S. Principal 
Party in Interest (USPPI) is required to transmit and verify system 
acceptance of certain advance information to CBP for export cargo 
leaving the United States by rail See 19 CFR 192.14. For further 
details about current requirements, please refer to the September 9, 
2015 notice. The data and the results of the ACE Export Manifest for 
Rail Cargo Test will aid CBP in determining which parties are the best 
source of the export manifest data and when the data is available to be 
submitted to CBP.
    CBP has been consulting with the Commercial Customs Operations 
Advisory Committee (COAC) to address ongoing issues concerning the 
quality, accessibility, and timeliness of export manifest data received 
during the test. One issue of concern to COAC is the availability of 
certain data elements currently required under the test 2 hours prior 
to loading of the cargo on the train in preparation for departure from 
the United States. COAC urged CBP to change the filing condition of 
those data elements.
    After evaluating the initial phase of the ACE Export Manifest for 
Rail Cargo Test and considering COAC's comments, CBP has determined 
that, in order to better test the functionality and feasibility of 
submitting the specified export data 2 hours prior to loading of the 
cargo on the train, the filing condition for nine of the data elements 
should be changed. The modified filing conditions will enable CBP to 
better determine the appropriate reporting requirements for each data 
element. (Data elements which are ``mandatory'' must be provided to CBP 
for every shipment. Data elements which are ``conditional'' must be 
provided to CBP only if the particular information pertains to the 
cargo. Data elements which are ``optional'' may be provided to CBP but 
are not required.)
    CBP is modifying the ACE Export Manifest for Rail Cargo Test to 
change the following eight mandatory or conditional data elements to 
optional:

 Mode of Transportation (Rail, containerized or Rail, non-
containerized) (Data Element #1)
 Place where the carrier took possession (Data Element #14)
 Country of Ultimate Destination (Data Element #16)
 Equipment Type Code (Data Element #17)
 Number of House Bills of Lading (Data Element #22)
 Split Shipment Indicator (Data Element #29)
 Portion of Split Shipment (Data Element #30)
 Mexican Pedimento Number (Data Element #32)

    CBP is modifying the ACE Export Manifest for Rail Cargo Test to 
change the following data element from mandatory to conditional:

 Marks and Numbers (Data Element #10)

[[Page 37895]]

    The remaining data elements under the ACE Export Manifest for Rail 
Cargo Test continue to be mandatory, conditional, or optional as 
provided in the September 9, 2015 notice. The full list of data 
elements for all shipments, including empty rail cars, is set forth 
below. Unless otherwise noted, the data elements are mandatory.

(1) Mode of Transportation (Rail, containerized or Rail, non-
containerized) (optional)
(2) Port of Departure from the United States
(3) Date of Departure
(4) Manifest Number
(5) Train Number
(6) Rail Car Order
(7) Car Locator Message
(8) Hazmat Indicator (Yes/No)
(9) 6-character Hazmat Code (conditional) (If the hazmat indicator is 
yes, then UN (for United Nations Number) or NA (North American Number) 
and the corresponding 4-digit identification number assigned to the 
hazardous material must be provided.)
(10) Marks and Numbers (conditional)
(11) SCAC (Standard Carrier Alpha Code) for exporting carrier
(12) Shipper name and address (For empty rail cars, the shipper may be 
the railroad from whom the rail carrier received the empty rail car to 
transport.)
(13) Consignee name and address (For empty rail cars, the consignee may 
be the railroad to whom the rail carrier is transporting the empty rail 
car.)
(14) Place where the rail carrier takes possession of the cargo 
shipment or empty rail car (optional)
(15) Port of Unlading
(16) Country of Ultimate Destination (optional)
(17) Equipment Type Code (optional)
(18) Container Number(s) (for containerized shipments) or Rail Car 
Number(s) (for all other shipments)
(19) Empty Indicator (Yes/No)

    If the empty indicator is no, then the following data elements must 
also be provided, unless otherwise noted:

(20) Bill of Lading Numbers (Master and House)
(21) Bill of Lading type (Master, House, Simple or Sub)
(22) Number of house bills of lading (optional)
(23) Notify Party name and address (conditional)
(24) AES Internal Transaction Number or AES Exemption Statement (per 
shipment)
(25) Cargo Description
(26) Weight of Cargo (may be expressed in either pounds or kilograms)
(27) Quantity of Cargo and Unit of Measure
(28) Seal Number (only required if the container was sealed)
(29) Split Shipment Indicator (Yes/No) (optional)
(30) Portion of split shipment (e.g. 1 of 10, 4 of 10, 5 of 10--Final. 
etc.) (optional)
(31) In-bond number (conditional)
(32) Mexican Pedimento Number (only for shipments for export to Mexico) 
(optional)

    If, after the conclusion of the ACE Export Manifest for Rail Cargo 
Test, CBP decides to conduct rulemaking to amend the regulations 
concerning the filing of the manifest for rail cargo, CBP will 
reevaluate the filing conditions for each data element to determine the 
feasibility of requiring that data element to be filed electronically 
in ACE within a specified time before the cargo is loaded on the train.

Extension of the Test

    To continue further evaluation of the ACE Export Manifest for Rail 
Cargo Test, CBP is extending the test for an additional year. The 
expanded and modified test will run until October 9, 2018.

Applicability of Initial Test Notice

    Unless explicitly changed by this or subsequent notices published 
in the Federal Register, all other aspects of the initial test 
announced in the September 9, 2015 notice, including test procedures 
and conditions, the application process, and the waiver of certain 
regulatory requirements, remain in effect.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 
104-13, 44 U.S.C. 3507), an agency may not conduct, and a person is not 
required to respond to, a collection of information unless the 
collection of information displays a valid control number assigned by 
the Office of Management and Budget (OMB). The collections of 
information in this NCAP test have been approved by OMB in accordance 
with the requirements of the Paperwork Reduction Act and assigned OMB 
control number 1651-0001.

    Dated: August 8, 2017.
Todd C. Owen,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2017-17076 Filed 8-11-17; 8:45 am]
 BILLING CODE 9111-14-P
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