Notice2022-15441
Announcement of the Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Accounts To Establish the Vessel Agency Portal Account and To Decommission the Cartman and Lighterman Portal Accounts
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 20, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document announces U.S. Customs and Border Protection's (CBP) modification of the National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) Portal Accounts to establish the ACE Vessel Agency Portal Account, and to decommission the Cartman and Lighterman Portal Accounts due to a lack of usage by the public. The ACE Vessel Agency Portal Account will include access to Vessel Entrance and Clearance Reports. Account ownership will be a prerequisite for eligibility in the forthcoming Maritime Forms Automation Test pilot, which will allow Vessel Agency Account users to file electronic Vessel Entrance and Clearance Statements through the Vessel Entrance and Clearance System (VECS). This notice describes the eligibility and documentation requirements to apply for a Vessel Agency Portal Account and invites public comment concerning any aspect of these modifications to the ACE Portal Account Test.
Full Text
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<title>Federal Register, Volume 87 Issue 138 (Wednesday, July 20, 2022)</title>
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[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43278-43281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15441]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Announcement of the Modification of the National Customs
Automation Program (NCAP) Test Concerning the Automated Commercial
Environment (ACE) Portal Accounts To Establish the Vessel Agency Portal
Account and To Decommission the Cartman and Lighterman Portal Accounts
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces U.S. Customs and Border Protection's
(CBP) modification of the National Customs Automation Program (NCAP)
test concerning Automated Commercial Environment (ACE) Portal Accounts
to establish the ACE Vessel Agency Portal Account, and to decommission
the Cartman and Lighterman Portal Accounts due to a lack of usage by
the public. The ACE Vessel Agency Portal Account will include access to
Vessel Entrance and Clearance Reports. Account ownership will be a
prerequisite for eligibility in the forthcoming Maritime Forms
Automation Test pilot, which will allow Vessel Agency Account users to
file electronic Vessel Entrance and Clearance Statements through the
Vessel Entrance and Clearance System (VECS). This notice describes the
eligibility and documentation requirements to apply for a Vessel Agency
Portal Account and invites public comment concerning any aspect of
these modifications to the ACE Portal Account Test.
DATES: The modifications of the ACE Portal Account Test announced in
this notice regarding the creation of the Vessel Agency Portal Account
will be implemented on July 20, 2022. The decommissioning of the
Cartman and Lighterman Portal Accounts will be implemented on August
19, 2022. This test will continue until concluded by way of
announcement in the Federal Register.
ADDRESSES: Comments concerning this notice and any aspect of the
modified ACE Portal Account Test may be submitted at any time during
the testing period via email to Brian Sale, Cargo and Conveyance
Security, Office of Field Operations, at <a href="/cdn-cgi/l/email-protection#3f70797012727e7176797a6c6b7d6d7e717c777f5c5d4f115b574c11585049"><span class="__cf_email__" data-cfemail="f9b6bfb6d4b4b8b7b0bfbcaaadbbabb8b7bab1b99a9b89d79d918ad79e968f">[email protected]</span></a>. The email subject line should be as
follows, ``Comment on ACE Vessel Agency Portal Account FRN''. For
technical questions related to the application or requests for an ACE
Portal Account, including ACE Vessel Agency Account, contact the ACE
Account Service Desk by calling 1-866-530-4172, selecting option 1,
then option 2, or by emailing <a href="/cdn-cgi/l/email-protection#1657555338456366667964625675746638727e6538717960"><span class="__cf_email__" data-cfemail="0c4d4f49225f797c7c637e784c6f6e7c2268647f226b637a">[email protected]</span></a> for assistance.
SUPPLEMENTARY INFORMATION:
I. Automated Commercial Environment (ACE)
A. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19
U.S.C. 1411). With the establishment of the NCAP, customs modernization
has focused on addressing trade compliance and the development of ACE,
which is the planned successor to the Automated Commercial System
(ACS). ACE is an automated and electronic system for commercial trade
processing that is intended to 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 U.S. Customs and Border
Protection (CBP) and all of its communities of interest. The ability to
meet these objectives depends on successfully modernizing CBP's
business functions and the information technology that supports those
functions. CBP's modernization
[[Page 43279]]
efforts are accomplished through phased releases of ACE component
functionalities designed to replace specific legacy ACS functions and
add new capabilities.
The procedures and criteria applicable to participation in the ACE
Portal Account Test remain in effect unless otherwise explicitly
changed by this notice.
B. ACE Portal Accounts
On May 1, 2002, the former U.S. Customs Service, now CBP, published
a general notice in the Federal Register (67 FR 21800) announcing a
plan to conduct an NCAP test of the first phase of ACE. The test was
described as the first step toward the full electronic processing of
commercial importations with a focus on defining and establishing an
importer's account structure. That general notice announced that
importers and authorized parties could access their customs data via an
internet-based Portal Account. The notice also set forth eligibility
criteria for companies interested in establishing ACE Portal Accounts.
Subsequent general notices expanded the types of ACE Portal
Accounts. On February 4, 2004, CBP published a general notice in the
Federal Register (69 FR 5360) that established ACE Truck Carrier
Accounts. On September 8, 2004, CBP published a general notice in the
Federal Register (69 FR 54302) inviting customs brokers to participate
in the ACE Portal Account Test and informing interested parties that
once they had been notified by CBP that their request to participate in
the ACE Portal Account Test had been accepted, they would be asked to
sign and submit a ``Terms and Conditions'' document. CBP subsequently
contacted those participants and asked them to sign and submit an ACE
Power of Attorney form and an Additional Account/Account Owner
Information form.
On October 18, 2007, CBP published a general notice in the Federal
Register (72 FR 59105) announcing the expansion of the ACE Portal
Account Test to include the additional following ACE account types:
Carriers (all modes: air, rail, sea); Cartman; Lighterman; Driver/Crew;
Facility Operator; Filer; Foreign Trade Zone (FTZ) Operator; Service
Provider; and Surety. On October 21, 2015, CBP published a general
notice in the Federal Register (80 FR 63817) announcing the creation of
the Exporter Portal Account. On August 8, 2016, CBP published a general
notice in the Federal Register (81 FR 52453) announcing the creation of
the Protest Filer Account. Since then, CBP has not announced the
creation of any new types of ACE accounts.
II. Authorization for the ACE Portal Account Test
The Customs Modernization Act authorizes the Commissioner of CBP to
conduct limited test programs or procedures designed to evaluate
planned components of the NCAP. The ACE Portal Account Test, as
modified in this notice, is authorized pursuant to section 101.9 of
title 19 of the Code of Federal Regulation (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 the ACE Portal Account Test
This document announces the modification of the ACE Portal Account
Test to establish the Vessel Agency Portal Account type. This new ACE
account will provide vessel agents and vessel operators with the
ability to submit consolidated, electronic vessel arrival, entrance,
and clearance applications via ACE during the future Maritime Forms
Automation Test (MFA) pilot,\1\ and any future electronic submissions
following regulatory amendments. Features of this new portal account
type, as well as the eligibility and documentation requirements for
applying for an ACE Vessel Agency Portal Account, are described below.
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\1\ CBP will automate its paper-based commercial vessel arrival,
entrance, and clearance forms and related processing. CBP plans to
issue a Federal Register notice to announce the creation of the MFA
pilot that will allow participants to submit consolidated,
electronic vessel arrival, entrance, and clearance applications via
ACE to the Vessel Entrance and Clearance System (VECS). The MFA
pilot will be open only to those who have requested and established
a Vessel Agency Account type within ACE, as described in this
notice. More information about the MFA pilot will be made publicly
available in a subsequent Federal Register notice and on CBP's
website.
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A. Vessel Agency Portal Account
The ACE Vessel Agency Portal Account will provide vessel owners or
operators, or their authorized agents, with access to ACE and the
ability to submit electronically vessel entrance and clearance
information through the Vessel Entrance and Clearance System (VECS) as
part of the MFA pilot, as well as special permit data associated with a
carrier's International Maritime Organization (IMO) number (or other
unique vessel ID number), i.e., Entrance and Clearance Reports.\2\ The
ACE Vessel Agency Portal Account will only be available to vessel
owners or operators, or authorized agents, which are either a U.S.-
based entity or have a U.S.-based address (P.O. boxes not allowed) for
enforcement purposes.
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\2\ See, e.g., 19 CFR 4.7(b)(4)(ii)(A) and 4.7a(c)(4)(x).
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Vessel owners or operators, or authorized agents, who do not have
existing ACE portal accounts will be required to submit an ACE
application form and apply for an ACE Vessel Agency Portal Account, as
explained in Section B.1 below. Existing ACE Portal Account owners
wishing to request an ACE Vessel Agency Portal Account should follow
instructions in Section B.2 below. Both new and existing ACE account
holders must agree to the ``Terms and Conditions for Account Access of
the Automated Commercial Environment (ACE) Portal.'' See 72 FR 27632
(May 16, 2007) and 73 FR 38464 (July 7, 2008). New ACE users will be
prompted to accept these Terms and Conditions during the application
process.
B. Establishing a Vessel Agency Account
1. New ACE Portal Account Owner
Vessel owners or operators, or authorized agents who do not have an
existing ACE Portal Account may apply for a Vessel Agency Account
according to the instructions online at: <a href="https://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal">https://www.cbp.gov/trade/automated/getting-started/using-ace-secure-data-portal</a>. Applicants will
be required to complete an application at <a href="https://www.cbp.gov/document/guidance/ace-secure-data-portal-account-application">https://www.cbp.gov/document/guidance/ace-secure-data-portal-account-application</a>; provide the
``Corporate Information'' and ``ACE Account Owner'' information listed
below; certify that the applicant has read and agrees to the Terms and
Conditions; and, submit the application to <a href="/cdn-cgi/l/email-protection#3c7d7f79127d4c4c50555f5d485553524f7c5f5e4c1258544f125b534a"><span class="__cf_email__" data-cfemail="dd9c9e98f39cadadb1b4bebca9b4b2b3ae9dbebfadf3b9b5aef3bab2ab">[email protected]</span></a>
by clicking the Submit By Email button at the bottom of the form. The
account validation process will begin once all steps have been
completed.
Corporate Information:
(1) Company Name
(2) Company Officer Name
(3) Company Officer Title
(4) DUNS Number (optional)
(5) Company Organizational Structure
(6) End of Fiscal Year (month and day)
(7) U.S. Mailing Address (P.O. box not allowed)
(8) Vessel Agency Company Name
(9) Vessel Agency Identifier (EIN, IR, CBP Assigned Number)
ACE Account Owner:
(1) Name
(2) Date of Birth
(3) Email Address
(4) Telephone Number
(5) Fax Number (optional)
(6) Address (if the Account Owner's Address differs from the Corporate
Address provided above)
[[Page 43280]]
Once the applicant completes and submits the Vessel Agency Portal
Account application, the applicant will receive an email message
confirming the submission of the application. This email will also
direct the applicant to log on to ACE to complete the account set up
process and access the ACE Vessel Agency Portal Account.\3\ Applicants
who do not receive an email message within 24 hours should contact the
ACE Account Service Desk by calling 1-866-530-4172, selecting option 1,
then option 2, or by emailing <a href="/cdn-cgi/l/email-protection#bffefcfa91eccacfcfd0cdcbffdcddcf91dbd7cc91d8d0c9"><span class="__cf_email__" data-cfemail="92d3d1d7bcc1e7e2e2fde0e6d2f1f0e2bcf6fae1bcf5fde4">[email protected]</span></a> for assistance.
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\3\ Establishing an ACE Vessel Agency Portal Account does not
automatically provide access to the ACE Portal Account features for
importers. Applicants wishing to establish an ACE Portal Account
should submit an application by clicking on the ``Apply for an
Account'' link located under the ACE Secure Data Portal sidebar on
the following website: <a href="http://www.cbp.gov/trade/automated">http://www.cbp.gov/trade/automated</a>.
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2. Existing ACE Portal Account Owners
Parties with existing ACE Portal Accounts may request a Vessel
Agency Portal Account through their established ACE Portal Accounts.
For these accounts, an account owner may establish access to the Vessel
Agency Portal Account functionality according to the instructions on
the following website: <a href="https://www.cbp.gov/trade/automated/getting-started/portal-managing">https://www.cbp.gov/trade/automated/getting-started/portal-managing</a>.
In order to request Vessel Agency Portal Account access, the
account owner will be asked to provide the following information:
Corporate Information:
(1) Vessel Agency Company Name
(2) Vessel Agency Identifier (EIN, IR, CBP Assigned Number)
(3) Other Company Names (optional)
(4) U.S. Mailing Address (P.O. box not allowed)
(5) Company Telephone (optional)
(6) Website Address (optional)
Contact Information:
(1) Name
(2) Date of Birth (optional)
(3) Address (optional)
(4) Email Address (optional)
(5) Telephone Number (optional)
(6) Fax Number (optional)
Once the existing ACE Account Owner completes the process, the
Vessel Agency Portal Account will be created and the account owner will
be able to access the Vessel Agency Portal Account functionality.
IV. Decommissioning the ACE Cartman and Lighterman Account Types
As noted above, the Cartman and Lighterman ACE Portal Accounts were
announced in a Federal Register notice published on October 18, 2007.
See 72 FR 59105 (Oct. 18, 2007). However, these two accounts were not
used by the public. Accordingly, these two accounts will not be
included in the migration to the modernized ACE system and will be
decommissioned as of August 19, 2022. Beginning on that day, these
accounts will no longer be accessible. For further information, please
contact <a href="/cdn-cgi/l/email-protection#d7989198fa9a96999e9192848395859699949f97b4b5a7f9b3bfa4f9b0b8a1"><span class="__cf_email__" data-cfemail="0b444d4426464a45424d4e585f49594a4548434b68697b256f6378256c647d">[email protected]</span></a>.
V. Test Duration
Except as stated below, the modification of the ACE Portal Account
Test announced in this notice regarding the creation of the Vessel
Agency Portal Account is effective on July 20, 2022; the
decommissioning of the Cartman and Lighterman Portal Accounts is
effective on August 19, 2022. This modified test will continue until it
concludes by way of announcement published in the Federal Register.
After the testing of the modified test concludes, an evaluation will be
conducted and the results of that evaluation will be published in the
Federal Register and the Customs Bulletin, as required by section
101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)).
VI. Comments
All interested parties are invited to comment on any aspect of this
modification of the ACE Portal Account Test for the duration of the
test. CBP requests comments and feedback on all aspects of this
modification, including the design, conduct, and implementation of the
modification, in order to determine whether to modify, alter, expand,
limit, continue, end, or fully implement this modification.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d))
requires that CBP consider the impact of paperwork and other
information collection burdens imposed on the public. 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 ACE Vessel Agency Portal Account application has been approved by
OMB in accordance with the requirements of the Paperwork Reduction Act
(44 U.S.C. 3507) and assigned OMB control number 1651-0105. The
information collection conducted under 19 CFR part 4, including VECS
under OMB control number 1651-0019, has been submitted to OMB for
review and approval in accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C. 3507).
VIII. Confidentiality
All data submitted and entered into ACE is subject to the Trade
Secrets Act (18 U.S.C. 1905) and is considered confidential, except as
otherwise provided by law. Electronic Export Information (EEI) is also
subject to the confidentiality provisions of 15 CFR 30.60. As stated in
previous notices, participation in the ACE Portal Account Test or any
of the previous ACE tests is not confidential and upon a written
Freedom of Information Act (FOIA) request, a name(s) of an approved
participant(s) will be disclosed by CBP in accordance with 5 U.S.C.
552.
IX. Misconduct Under the Test
A test participant may be subject to civil and criminal penalties,
administrative sanctions, liquidated damages, or discontinuance from
participation in the ACE Portal Account Test, as modified by this
notice, for any of the following:
(1) Failure to follow the terms and conditions of this test;
(2) Failure to exercise reasonable care in the execution of a
participant's obligations;
(3) Failure to abide by applicable laws and regulations that have
not been waived; or
(4) Failure to deposit duties, taxes or fees in a timely manner.
If the Director of the Entry Summary, Accounts, and Revenue
Division (ESAR) finds that there is a basis for discontinuing test
participation privileges, the Director of ESAR will send a written
notice to the test participant, which proposes the discontinuance with
a description of the facts or conduct warranting the action. The test
participant can appeal the Director's decision in writing within 10
calendar days of receipt of the written notice. The appeal must be
submitted to the Executive Director, Trade Transformation Office (TTO),
Office of Trade, by emailing <a href="/cdn-cgi/l/email-protection#f7b2a4b6a5b7949587d9939f84d9909881"><span class="__cf_email__" data-cfemail="eca9bfadbeac8f8e9cc288849fc28b839a">[email protected]</span></a>.
The Executive Director will issue a decision in writing on the
proposed action within 30 working days after receiving a timely filed
appeal from the test participant. If no timely appeal is received, the
proposed notice becomes the final decision of CBP as of the date that
the appeal period expires. A proposed discontinuance of a test
participant's privileges will not take effect unless the appeal process
under this paragraph has been concluded with a written decision adverse
to the test participant.
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In the case of willful misconduct or when public health, interest,
or safety so requires, the Director of ESAR may immediately discontinue
the test participant's privileges upon written notice to the test
participant. The notice will contain a description of the facts or
conduct warranting the immediate action. The test participant will be
offered the opportunity to appeal the Executive Director's decision
within ten calendar days of receipt of the written notice providing for
immediate discontinuance. The appeal must be submitted to the Executive
Director, TTO, Office of Trade, by emailing <a href="/cdn-cgi/l/email-protection#0247514350426160722c666a712c656d74"><span class="__cf_email__" data-cfemail="286d7b697a684b4a58064c405b064f475e">[email protected]</span></a>. The
immediate discontinuance will remain in effect during the appeal
period. The Executive Director will issue a decision in writing on the
discontinuance within fifteen working days after receiving a timely
filed appeal from the test participant. If no timely appeal is
received, the notice becomes the final decision of CBP on the date that
the appeal period expires.
Dated: July 14, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-15441 Filed 7-19-22; 8:45 am]
BILLING CODE 9111-14-P
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