[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37888-37890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17080]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Automated Commercial Environment (ACE) Export Manifest for Air 
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 Air Cargo Test, a National Customs Automation 
Program (NCAP) test concerning ACE export manifest capability, by 
making certain of the export manifest data elements optional. 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 Air Cargo Test 
set forth in this document are effective August 14, 2017. The modified 
test will run until August 10, 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 at any time during the test period to the 
email address below.

ADDRESSES: Applications to participate in the ACE Export Manifest for 
Air Cargo Test must be submitted via email to CBP Export Manifest at 
<a href="/cdn-cgi/l/email-protection#dcbfbeacb9a4acb3aea8b1bdb2b5bab9afa89cbfbeacf2b8b4aff2bbb3aa"><span class="__cf_email__" data-cfemail="2f4c4d5f4a575f405d5b424e4146494a5c5b6f4c4d5f014b475c01484059">[email protected]</span></a>. In the subject line of the email, please 
use ``ACE Export Manifest for Air Cargo Test Application''. Written 
comments

[[Page 37889]]

concerning program, policy, and technical issues may also be submitted 
via email to CBP Export Manifest at <a href="/cdn-cgi/l/email-protection#e3808193869b938c91978e828d8a85869097a3808193cd878b90cd848c95"><span class="__cf_email__" data-cfemail="690a0b190c1119061b1d040807000f0c1a1d290a0b19470d011a470e061f">[email protected]</span></a>. In 
the subject line of the email, please use ``Comment on ACE Export 
Manifest for Air 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 <a href="/cdn-cgi/l/email-protection#0a69687a6f727a65787e676b64636c6f797e4a69687a246e6279246d657c"><span class="__cf_email__" data-cfemail="c7a4a5b7a2bfb7a8b5b3aaa6a9aea1a2b4b387a4a5b7e9a3afb4e9a0a8b1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The ACE Export Manifest for Air Cargo Test is a voluntary test in 
which participants agree to submit export manifest data to CBP 
electronically, at least 4 hours prior to loading of the cargo onto the 
aircraft in preparation for departure from the United States. The ACE 
Export Manifest for Air 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.
    CBP announced the procedures and criteria related to participation 
in the ACE Export Manifest for Air Cargo Test in a notice published in 
the Federal Register on July 10, 2015 (80 FR 39790). 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 July 10, 2015 notice.

Expansion of Test to Additional Participants

    In the July 10, 2015 notice announcing the initial phase of the ACE 
Export Manifest for Air Cargo Test, CBP stated that participation in 
the test was limited to nine stakeholders composed of air carriers and 
freight forwarders who met the eligibility requirements. This notice 
announces that the ACE Export Manifest for Air 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; however, 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 Air Cargo Test 
set forth in the July 10, 2015 notice are not changing. 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 Air Cargo Test is 
limited to those parties able to electronically transmit manifest data 
in the identified acceptable format. Prospective ACE Export Manifest 
for Air Cargo Test participants must have the technical capability to 
electronically submit data to CBP and receive response message sets via 
Cargo-IMP, AIR CAMIR, IATA XML, 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 
Air Cargo Test. It is now fully functional and available for use.
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    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 Air Cargo 
Test is to test the feasibility of requiring the manifest information 
to be filed electronically in ACE within a specified time before the 
cargo is loaded on the aircraft. Another purpose is to test the 
functionality regarding the filing of export manifest data for air 
cargo electronically to ACE within a specified time before the cargo is 
loaded on the aircraft. Under the current regulatory requirements, 
advance electronic filing of export data is generally not required. In 
most cases, the aircraft commander or agent must file a general 
declaration on CBP Form 7507 pertaining to the outbound flight. Also, 
the aircraft commander or agent must file the air cargo manifest, CBP 
Form 7509, with CBP at each port where export cargo is loaded on the 
aircraft. Additionally, the airline must file the complete air cargo 
manifest generally within 4 days after departure of the aircraft. See 
19 CFR 122.72, 19 CFR 122.73, 19 CFR 122.74, 19 CFR 122.75, and 19 CFR 
192.14. The U.S. Principal Party in Interest (USPPI) must file any 
required Electronic Export Information (EEI) for the cargo on the 
aircraft. See 15 CFR part 30. (For additional details about filing 
requirements for the aircraft commander and USPPI, please see the July 
10, 2015 notice.) The data and the results of the ACE Export Manifest 
for Air 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. Through this process, the COAC advised CBP that 
certain data elements currently required under the test may not be 
available to the party submitting the export manifest data to CBP 4 
hours prior to loading the cargo on the aircraft in preparation for 
departure from the United States and urged CBP to make those data 
elements optional. For some, such as the in-bond number, COAC has 
suggested that the information may not be necessary because it is 
available to CBP through other electronic systems.
    After evaluating the initial phase of the ACE Export Manifest for 
Air Cargo Test and considering the COAC's comments, CBP has determined 
that, in order to better test the functionality and feasibility of 
submitting the specified export data 4 hours in advance, five of the 
mandatory or conditional data elements should be changed to optional. 
This will enable participants to submit the optional information when 
and if it is available. These data elements are listed below. (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).

<bullet> Number of pieces/unit of measure (Data Element #11)
<bullet> Number of house air waybills (Data Element #13)
<bullet> Split air waybill indicator (Data Element #18)
<bullet> In-bond number (Data Element #21)
<bullet> Mode of transportation (Data Element #22)

    The remaining data elements under the ACE Export Manifest for Air 
Cargo Test continue to be mandatory, conditional or optional as 
provided in the July 10, 2015 notice. The full list of data elements is 
set forth below. Unless otherwise noted, the data elements are 
mandatory.

(1) Exporting Carrier (As reflected in the July 10, 2015 notice, CBP 
finds this term to be clearer than the term ``Owner/Operator'' used on 
CBP Form 7509.)
(2) Marks of nationality and registration

[[Page 37890]]

(3) Flight number
(4) Port of lading
(5) Port of unlading
(6) Scheduled date of departure (As reflected in the July 10, 2015 
notice, CBP finds this term to be clearer than the term ``Date'' used 
on CBP Form 7509.)
(7) Consolidator (conditional)
(8) De-consolidator (conditional)
(9) Air waybill type (Master, House, Simple or Sub)
(10) Air waybill number
(11) Number of pieces and unit of measure (optional)
(12) Weight (kg./lb.)
(13) Number of house air waybills (optional)
(14) Shipper name and address
(15) Consignee name and address
(16) Cargo description (As reflected in the July 10, 2015 notice, CBP 
finds this term to be clearer than the term ``Nature of goods'' used on 
CBP Form 7509.)
(17) AES Internal Transaction Number (ITN) or AES Exemption Statement/
Exception Classification (per shipment)
(18) Split air waybill indicator (optional)
(19) Hazmat indicator (Yes/No)
(20) UN Number (conditional) (If the hazmat indicator is yes, the four-
digit UN (United Nations) Number assigned to the hazardous material 
must be provided.)
(21) In-bond number (optional)
(22) Mode of transportation (Air, containerized or Air, non-
containerized) (optional)

    If, after the conclusion of the ACE Export Manifest for Air Cargo 
Test, CBP decides to conduct rulemaking to amend the regulations 
concerning the filing of the air export cargo manifest, 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 
aircraft.

Extension of the Test

    To continue further evaluation of the ACE Export Manifest for Air 
Cargo Test, CBP is extending the test for an additional year. The 
expanded and modified test will run until August 10, 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 July 10, 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. 2017-17080 Filed 8-11-17; 8:45 am]
 BILLING CODE 9111-14-P


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