[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Notices]
[Page 77128-77130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-97]
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DEPARTMENT OF THE TREASURY
Customs Service
Modification, Expansion, and Re-Designation of National Customs
Automation Program Test of the Account-Based Declaration Prototype To
Free and Secure Trade
AGENCY: Customs Service, Treasury.
ACTION: General notice.
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SUMMARY: In this notice, Customs is re-designating the National Customs
Automation Program (NCAP) test of an Account-Based Declaration
Prototype (NCAP/P) as the Free and Secure Trade (FAST) prototype, and
modifying the importer eligibility requirements from those set forth in
a notice published in the Federal Register on August 21, 1998. The FAST
prototype will provide expedited processing of participants' qualifying
merchandise in designated traffic lanes, provided that the merchandise
is transported by certain registered highway carriers and drivers and
that specified data is submitted to Customs prior to the merchandise's
arrival at the border. Customs is also announcing the addition of two
additional ports of entry along the Northern Border for the testing of
the prototype and the suspension of prototype participation at the one
port of entry along the Southern Border. Participants in the present
NCAP/P test need not reapply for participation in the FAST if they are
participants in the Customs Trade Partnership against Terrorism (C-
TPAT) initiative. Current NCAP/P participants must continue to follow
all the operational procedures of the program and will be bound by the
terms and conditions found in this notice effective upon publication of
this notice. Public comments concerning any aspect of this test program
or procedure are solicited.
EFFECTIVE DATES: The redesignated FAST program will begin upon
publication of this notice. This prototype will be tested until the
Automated Commercial Environment (ACE) is completed. Applications to
participate in this NCAP prototype test may be submitted at any time
throughout the duration of this test. Evaluations of the prototype will
occur periodically. Public comments on any aspect of the planned test
must be received on or before January 1, 2003. All comments received
will be part of the public record and made available to third parties
upon request.
ADDRESSES: Written requests to participate in the prototype test should
be sent to U.S. Customs Service, FAST Registration Office, 50 South
Main Street, Suite 100R, St. Albans, Vermont 05478. Comments regarding
any aspect of the test should be sent or faxed to Enrique S. Tamayo,
U.S. Customs Service, 1300 Pennsylvania Avenue NW., Room 5.2A,
Washington, DC 20229, telephone number: (202) 927-3112; fax number:
(202) 927-1096.
FOR FURTHER INFORMATION CONTACT:
For inquiries regarding the eligibility of specific importers contact:
Richard DiNucci at (202) 927-6302;
For questions on reconciliation contact: John Leonard at (202) 927-
0915;
For questions on statement processing contact: Debbie Scott at (202)
927-1962;
For questions on violation billing contact: Byron Kissane at (202) 927-
2148;
For questions on other aspects of the FAST Prototype contact: Daniel
Buchanan at (617) 565-6236.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1997 Customs published a General Notice in the Federal
Register (62 FR 14731) that announced Customs plan to conduct a test,
pursuant to Sec. 101.9(b) of the Customs Regulations (19 CFR
101.9(b)), of a planned National Customs Automation Program component
(see 19 U.S.C. 1411-1414) called an account-based declaration
prototype, known by the acronym NCAP/P. The NCAP/P was developed to
provide the first operational demonstration of the Automated Commercial
Environment (ACE), with capabilities for processing imports that would
integrate the new account-based import declaration process with other
aspects of the Trade Compliance process and selected features of NCAP
elements of Title VI of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057 (December 8, 1993),
popularly known as the Customs Modernization Act which established the
National Automation Program (NCAP) as an automated and electronic
system for the processing of commercial importations. This phase of the
NCAP/P test was initially limited to certain importers that imported
certain merchandise by truck through three ports: Laredo, Texas; and
Detroit and Port Huron, Michigan.
On August 21, 1998 Customs published another General Notice in the
Federal Register (63 FR 44949) that replaced the previously published
document to revise the importer eligibility requirements for
participation in the NCAP/P, incorporate enhancements to
reconciliation, and clarify the statement process. This second General
Notice also outlined the development and evaluation methodology that
would be used in the test. As with the first notice, public comments
were invited on any aspect of the test. Reference to these earlier
documents should be sought by importers interested in participating in
this account-based declaration processing prototype, or interested in
understanding the ACE Trade Compliance account-based declaration
process, which includes remote location filing, statement processing,
and reconciliation. Further, the information published by Customs on
August 21, 1998, concerning the test development methodology, the
general requirements for the prototype test, maintenance of account,
misconduct procedures, identification of the regulatory provisions
suspended, and evaluating the prototype, remains the same except as
provided below.
[[Page 77129]]
It is noted that Customs also published another document in the
Federal Register concerning the NCAP/P on October 15, 1998 (63 FR
55426). That document discussed Customs plan to expand the NCAP/P to
five additional ports of entry. The planned expansion to those ports
has yet to occur.
Prototype Changes
This document advises the public that Customs is redesignating the
NCAP/P as the Free and Secure Trade (FAST) prototype and is modifying
the importer eligibility requirements to reflect the need for ensuring
security while facilitating the processing of merchandise. This
document also announces the addition of two additional ports of entry
along the Northern Border for the testing of the prototype and the
suspension of prototype participation at the one port of entry along
the Southern Border. Public comments concerning any aspect of this test
are solicited.
The NCAP/P is redesignated as the FAST prototype to clearly show
that importers must now participate in the Customs-Trade Partnership
Against Terrorism (C-TPAT) Program to participate or to continue
participating in the testing of the prototype and that U.S./Canada
border highway carriers and their drivers must be FAST registered.
Merchandise imported by C-TPAT participating importers will also be
eligible for expedited processing along the U.S./Canada border in FAST-
designated traffic lanes under Pre-Arrival Processing System (PAPS)
procedures, provided that the U.S./Canada border highway carriers and
the drivers are FAST registered. Conveyances transporting merchandise
that is comprised of both shipments of merchandise of C-TPAT-
participating importers and shipments of non-C-TPAT-participating
importers will not be afforded FAST-expedited processing.
The C-TPAT is a joint government-business initiative to build
cooperative relationships that strengthen overall supply chain and
border security for the United States. Importers participate in the C-
TPAT by agreeing to work with Customs in improving security procedures
along the entire supply chain of the merchandise they import.
The FAST Program is a bilateral initiative between the United
States and Canada to enhance the security and safety along their shared
border, while also enhancing the economic prosperity of each country,
by aligning, to the maximum extent possible, their customs commercial
programs. A component of the Northern-border FAST Program is Highway
Carriers Registration, which allows FAST-approved highway carriers and
their designated drivers in possession of a valid FAST/Commercial
Driver Card to use FAST-lane processing at designated ports of entry.
The PAPS (Pre-Arrival Processing System) is an automated cargo
release procedure adopted by Customs that requires certain entry data
generated by a carrier to be submitted to Customs prior to the arrival
of the merchandise at the designated port of entry for cargo
selectivity concerns and utilizes barcode technology to expedite the
release of those commercial shipments not selected for examination. To
process a PAPS transaction, the carrier attaches a unique barcode label
which consists of the carriers Standard Carrier Alpha Code (SCAC) and
pro bill number to each invoice and truck manifest while the
merchandise is still in Canada. This information is then transmitted to
the U.S. Customs broker who prepares a Border Cargo Selectivity entry
in the Automated Commercial System (ACS) before the merchandise arrives
at the U.S. border. When the merchandise arrives at the U.S. border,
the Customs inspector wands the barcode information which automatically
retrieves the entry information from the ACS system. If no examination
is needed, the Inspector releases the truck from the primary booth;
thus, reducing the carrier's wait time and easing congestion at that
border crossing.
For further information and application procedures regarding the C-
TPAT and Northern-border FAST initiatives, and for further information
regarding the PAPS procedures visit Customs Web site at http://www.customs.ustreas.gov/
tpatf.htm.
The importer eligibility requirements for participation in the
redesignated FAST prototype are modified to reflect the need for
ensuring security while facilitating the processing of properly
documented merchandise. Applicants no longer have to be designated as
within the top echelon of importers or import merchandise within any of
the Customs Primary Focus Industry categories, but must be a
participant in the C-TPAT initiative; existing NCAP/P participants must
be prepared to follow all the operational procedures and will be bound
by the terms and conditions found in this and the previously cited
notice. Further, if the importer will be entering merchandise along the
Northern border, then both the Northern-border highway carriers and
their drivers must be FAST registered.
Regarding the addition of two additional ports of entry along the
Northern Border for the testing of the prototype and the suspension of
prototype participation at the one port of entry along the Southern
Border, from the date of publication of this notice, importers may now
enter merchandise for prototype processing at the Northern-border ports
of:
1. Port Huron (Blue Water Bridge) and Detroit (Ambassador Bridge
and/or Windsor Tunnel), Michigan;
2. Blaine, Washington; and
3. Buffalo (including the Peace Bridge and Lewiston Bridge) and
Champlain, New York.
At this time, prototype processing is suspended at the Southwest-
border port of entry at Laredo, Texas. Customs will consider re-
establishing this prototype at the Laredo port of entry if sufficient
interest is shown by the importing community.
Application for FAST
Participants in the present NCAP/P need not re-apply to participate
in the FAST prototype, but must be prepared to follow all the
operational procedures and will be bound by the terms and conditions
found in the previously cited notice and this notice effective upon
publication of this notice and their carriers and drivers must become
FAST registered by February 1, 2003 to continue receiving expedited
release under FAST. For ease of reference, the application information
for new applicants, is set forth in this document.
Importers who wish to participate in the FAST prototype must submit
an application to the St. Albans, Vermont, Service Port at the address
indicated with the following information:
A. Importer's name, address, and IRS employer identification number
or social security number;
B. Names and addresses of all shippers and all sellers/vendors for
the FAST prototype;
C. A listing of all the 6-digit HTS numbers under which the
imported commodities will be classified;
D. The surety and surety code and the number of the continuous
surety bond which will cover all cargo processed under FAST procedures.
If the applicant plans to reconcile their FAST entry summaries, a
commitment to file the bond rider prior to flagging underlying entry
summaries for reconciliation, along with identification of the port in
which the continuous bond and rider are filed must be included;
E. Names, addresses, and SCAC of truck carriers who will be
transporting FAST shipments across the international borders. Note,
both the highway carriers and their drivers must be FAST registered;
[[Page 77130]]
F. Names, addresses and filer codes of any customs brokers who will
be filing data;
G. The approximate total number of entries per month expected to be
processed at each of the following locations:
1. Port Huron (Blue Water Bridge) and Detroit (Ambassador Bridge
and/or Windsor Tunnel), Michigan;
2. Blaine, Washington; and
3. Buffalo (including the Peace Bridge and Lewiston Bridge) and
Champlain, New York;
H. Detailed description of anticipated issues and/or commodities
for which the participant anticipates electing reconciliation.
I. Because the Importer Compliance Monitoring Program test was
terminated on May 30, 2002 (see, Federal Register document published
April 30, 2002 (67 FR 21322)) in favor of a new program called the
Importer Self-Assessment (see, Federal Register document published June
17, 2002 (67 FR 41298)), the former NCAP/P requirement to furnish in
the application a statement in which the applicant commits to undergo
and cooperate fully with a Customs Compliance Assessment is no longer
applicable.
Customs will make admissibility determinations on FAST shipments
based on cargo examinations and the information supplied with the
application, which will serve as a pre-filed entry for FAST purposes.
Existing NCAP/P participants are not required to re-submit
identification of their existing suppliers. However, the carriers and
drivers employed for FAST processing under this prototype will be
required to become FAST registered for the importer to continue
receiving expedited release under FAST by February 1, 2003.
Importers who submit applications to participate in the FAST will
be notified in writing of their acceptance or rejection. If an
applicant is denied participation, the notification letter will include
the reasons for that denial. Eligible importers whose initial
application is rejected may re-apply upon correction of the situation
that led to the denial.
Dated: December 11, 2002.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 02-31578 Filed 12-13-02; 8:45 am]
BILLING CODE 4820-02-P