37888 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. Documents 

mentioned in this notice, and all public 

comments, are in our online docket at 

http://www.regulations.gov and can be 

viewed by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted or a final rule is 

published. To view comments, go to 

http://www.regulations.gov, type the 

docket number (USCG–2017–0194) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

notice and request for comment We 

accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting, but you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that a public meeting would 

aid the Captain of the Port, Port Arthur 

(COTP) in validating the information in 

the WSA and preparing the Letter of 

Recommendation (LOR), we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Discussion 

Under 33 CFR 127.007(a), an owner or 

operator planning to build a new facility 

handling Liquefied Hazardous Gas 

(LHG), or an owner or operator planning 

new construction to expand or modify 

marine terminal operations in an 

existing facility handling LHG, where 

the construction, expansion, or 

modification would result in an increase 

in the size and/or frequency of LHG 

marine traffic on the waterway 

associated with the proposed facility or 

modification to an existing facility, must 

submit a Letter of Intent (LOI) to the 

COTP of the zone in which the facility 

is or will be located. Under 33 CFR 

127.007(e), an owner or operator 

planning such new construction or 

expansion of an existing facility must 

also file or update a Waterway 

Suitability Assessment (WSA) that 

addresses the proposed increase in LHG 

marine traffic in the associated 

waterway. Lynx Terminals, located in 

Port Arthur, TX submitted an LOI and 

WSA on August 09, 2016 regarding the 

company’s proposed plans to handle 

and transport LHG at the Port of Port 

Arthur, TX facility. 

Under 33 CFR 127.009, after receiving 

an LOI, the COTP issues a LOR as to the 

suitability of the waterway for LNG or 

LHG marine traffic to the appropriate 

jurisdictional authorities. The LOR is 

based on a series of factors listed in 33 

CFR 127.009 that relate to the physical 

nature of the affected waterway and 

issues of safety and security associated 

with LHG marine traffic on the affected 

waterway. 

The purpose of this notice is to solicit 

public comments on the proposed 

increase in LHG marine traffic on the 

Sabine-Neches Waterway. The Coast 

Guard believes that input from the 

public may be useful to the COTP with 

respect to validating the information 

provided in Lynx Terminals’ WSA and 

development of the LOR. Additionally, 

the Coast Guard intends to task the Area 

Maritime Security Committee, Port 

Arthur, TX and the Southeast Texas 

Waterways Advisory Council with 

forming a subcommittee comprised of 

affected port users and stakeholders. 

The goal of this subcommittee will be to 

gather information to help the COTP 

assess the suitability of the associated 

waterway for increased LHG marine 

traffic as it relates to navigational safety 

and maritime security. In addition to the 

other documents referenced in this 

notice, a brief summation of LYNX 

Terminals’ proposal is available for 

viewing in the public docket for this 

notice. 

On January 24, 2011, the Coast Guard 

published Navigation and Vessel 

Inspection Circular (NVIC) 01–2011, 

‘‘Guidance Related to Waterfront 

Liquefied Natural Gas (LNG) Facilities’’. 

NVIC 01–2011 provides guidance for 

owners and operators seeking approval 

to build and operate LNG facilities. 

While NVIC 01–2011 is specific to LNG, 

it provides useful process information 

and guidance for owners and operators 

seeking approval to build and operate 

LHG facilities as well. The Coast Guard 

will refer to NVIC 01–2011 for process 

information and guidance in evaluating 

Lynx Terminals’ WSA. A copy of NVIC 

01–2011 is available for viewing in the 

public docket for this notice and also on 

the Coast Guard’s Web site at http://

www.uscg.mil/hq/cg5/nvic/2010s.asp. 

Dated: August 8, 2017. 

Jaqueline Twomey, 

Captain, U.S. Coast Guard, Captain of the 

Port, Port Arthur. 

[FR Doc. 2017–17106 Filed 8–11–17; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

cbpexportmanifest@cbp.dhs.gov. In the 

subject line of the email, please use 

‘‘ACE Export Manifest for Air Cargo Test 

Application’’. Written comments 


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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37889 

1Unified 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. 

concerning program, policy, and 

technical issues may also be submitted 

via email to CBP Export Manifest at 

cbpexportmanifest@cbp.dhs.gov. 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 

cbpexportmanifest@cbp.dhs.gov. 

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 § 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. 

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). 

• Number of pieces/unit of measure 

(Data Element #11) 

• Number of house air waybills (Data 

Element #13) 

• Split air waybill indicator (Data 

Element #18) 

• In-bond number (Data Element #21) 

• 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 


sradovich on DSK3GMQ082PROD with NOTICES
37890 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

(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 fourdigit 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, noncontainerized) (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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Automated Commercial Environment 

(ACE) Export Manifest for Vessel 

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. 

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 Vessel 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 Vessel Cargo Test 

set forth in this document are effective 

August 14, 2017. The modified test will 

run until September 21, 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 Vessel 

Cargo Test must be submitted via email 

to CBP Export Manifest at 

cbpvesselexportmanifest@cbp.dhs.gov. 

In the subject line of the email, please 

use ‘‘ACE Export Manifest for Vessel 

Cargo Test Application’’. Written 

comments concerning program, policy, 

and technical issues may also be 

submitted via email to CBP Export 

Manifest at cbpvesselexportmanifest@

cbp.dhs.gov. In the subject line of the 

email, please use ‘‘Comment on ACE 

Export Manifest for Vessel 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 

cbpvesselexportmanifest@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The ACE Export Manifest for Vessel 

Cargo Test is a voluntary test in which 

participants agree to submit export 

manifest data to CBP electronically, at 

least 24 hours prior to loading of the 

cargo onto the vessel in preparation for 

departure from the United States. The 

ACE Export Manifest for Vessel Cargo 

Test is authorized under § 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 Vessel Cargo 

Test in a notice published in the 

Federal Register on August 20, 2015 (80 

FR 50644). On October 20, 2015, CBP 

issued a notice published in the Federal 

Register (80 FR 63575) correcting an 

error in the initial notice that misstated 

the technical capability requirements for 

submitting data to CBP. 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 August 20, 

2015 notice. 

Expansion of Test to Additional 

Participants 

In the August 20, 2015 notice 

announcing the initial phase of the ACE 

Export Manifest for Vessel Cargo Test, 

CBP stated that participation in the test 

was limited to nine stakeholders 

composed of a mix of a certain number 

of vessel carriers and freight forwarders 

or non-vessel operating common 

carriers (NVOCCs) who met the 

eligibility requirements. This notice 

announces that the ACE Export Manifest 

for Vessel Cargo Test is now open to all 

eligible applicants. CBP will endeavor 


sradovich on DSK3GMQ082PROD with NOTICES