[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Notices]
[Page 5072-5074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-146]
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DEPARTMENT OF THE TREASURY
Customs Service
Announcement of a National Customs Automation Program Test To
Eliminate the Submission of the Paper Master Air Waybill Document
AGENCY: Customs Service, Treasury.
ACTION: General notice.
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SUMMARY: This notice announces Customs plan to conduct a test under the
National Customs Automation Program (NCAP) under which a participating
air carrier must electronically transmit, through the Air Automated
Manifest System, master air waybill data prior to arrival of the
aircraft in the United States and will not have to submit a copy of the
master air waybill as an attachment to the air cargo manifest upon
arrival in the United States. Under the test, the participant still
will be required to submit all other documentation as required and be
capable of retrieving and printing a copy of the information contained
in the master air waybill upon demand by Customs.
DATES: The test will commence no earlier than March 3, 2003, and will
run for approximately one year. Comments concerning this notice and all
aspects of the announced test must be received on or before February
20, 2003. Applications will be accepted throughout the duration of the
test.
ADDRESSES: Written comments may be submitted to the U.S. Customs
Service, Office of Field Operations, Manifest and Conveyance Branch,
1300 Pennsylvania Avenue, NW., Room 5.2B, Washington, DC 20229.
Interested parties may apply to participate in the test by submitting a
written request to the U. S. Customs Service, Office of Field
Operations, Trade Compliance and Facilitation, 1300 Pennsylvania
Avenue, NW., Room 5.2B, Washington, DC 20229, ATTN: Paperless Master
AWB Test.
FOR FURTHER INFORMATION CONTACT: David King, Manifest and Conveyance
Branch, Office of Field Operations (202-927-1133).
SUPPLEMENTARY INFORMATION:
Background
Title VI of the North American Free Trade Agreement Implementation
Act (the Act), Pub. L. 103-182, 107 Stat. 2057, 2170 (December 8,
1993), contains provisions pertaining to Customs Modernization (107
Stat. 2170). Subtitle B of title VI establishes the National Customs
Automation Program (NCAP), an automated and electronic system for the
processing of commercial importations. Section 631 of the Act creates
sections 411 through 414 of the Tariff Act of 1930 (19 U.S.C. 1411
through 1414), as amended, which define and list the existing and
planned components of the NCAP (19 U.S.C. 1411), establish program
goals (19 U.S.C. 1412), provide for the implementation and evaluation
of the program (19 U.S.C. 1413), and provide for the remote location
filing of entries (19 U.S.C. 1414).
Requirements for conducting an approved test program or procedure
designed to evaluate planned components of the NCAP are set forth in
Sec. 101.9 of the Customs Regulations (19 CFR 101.9). These
regulations, in part, enable the Commissioner of Customs to impose
requirements different from those specified in the Customs Regulations,
provided that the different requirements do not affect the collection
of revenue, the public health and safety, or law enforcement. This test
is established pursuant to that regulatory provision.
I. Description of Test Program
Air Cargo Manifest
Section 122.42(c) of the Customs Regulations (19 CFR 122.42(c))
requires that the commander of an aircraft arriving in the United
States from a foreign area, or his agent, must deliver upon arrival any
required forms to the Customs officer at the place of entry. (Among
these forms are the general declaration (Sec. 122.43), crew baggage
declaration (Sec. 122.44), crew list (Sec. 122.45), stores list
(Sec. 122.47), air cargo manifest (Sec. 122.48), and the passenger
and crew manifests (Sec. 122.49a).) Section 122.48 of the Customs
Regulations (19 CFR 122.48) provides that an air cargo manifest is
required for all cargo on board a flight arriving in the United States
from a foreign area, except for cargo arriving from and departing for a
foreign country on the same through flight. Section 122.48(c), Customs
Regulations (19 CFR 122.48(c)), provides that the air cargo manifest
must be on Customs Form (CF) 7509, that it must contain all required
information, and that a more complete description of the cargo shipped
under air waybills may be provided by attaching to the cargo manifest a
copy of each air waybill and, if a consolidated shipment, copies of the
house air waybills.
Electronic Submission of the Air Waybill Information
In an attempt to facilitate cargo processing and release, Customs
has accepted, on a voluntary basis, the electronic transmission of air
waybill information from qualified air carriers, through the Air
Automated Manifest System (AAMS), either before or upon arrival of the
aircraft in the United States. However, air carriers submitting air
waybill information in this way are still required to submit the paper
documents, even though the data is transmitted electronically. Now, to
further facilitate the control, processing, and release of air cargo,
Customs, via this test program, will relieve AAMS air carriers
participating in the test from the requirement of submitting a copy of
the master air waybill as an attachment to
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the air cargo manifest when they electronically transmit master air
waybill information to Customs prior to arrival of the aircraft in the
United States. Test participants still must submit all other
documentation as required under the regulations and be capable of
retrieving and printing a copy of the master air waybill information
upon demand by Customs.
It is anticipated that the test will run for one year. In the
event, however, that Customs determines that a longer test program
period is warranted, Customs will announce an extension of the test by
publication of a notice in the Federal Register.
It is noted that Customs previously announced a NCAP test program
regarding submission to Customs of electronic air cargo manifest
information through publication of a notice in the Federal Register (65
FR 58840) on October 2, 2000 (Announcement of a National Customs
Automated Program Test Regarding Submission to Customs of Electronic
Air Cargo Manifest Information). This October 2000 test is distinct
from the test announced today in this document and remains in effect
for any qualified air carriers who may wish to submit electronic air
cargo manifest information to Customs prior to arrival of the aircraft
in the United States without having to submit upon arrival a CF 7509
(Air Cargo Manifest). (See the cited notice for eligibility and
application instructions.) Submission of the CF 7509 is required under
the test announced in this document.
Regulatory Provision Suspended
As noted above, Sec. 122.48(c) provides that a more complete
description of the cargo shipped under air waybills may be provided by
attaching to the cargo manifest a copy of each air waybill and, if a
consolidated shipment, copies of the house air waybills. Thus, when an
air carrier opts to provide cargo information in this manner, copies of
the master air waybill and any house air waybills must be submitted
with the air cargo manifest. Under the test, this requirement to submit
a copy of the master air waybill in paper form will be suspended when
the test participant electronically transmits to Customs the air
waybill information prior to the aircraft's arrival in the United
States. Participants will not be required to submit copies of these air
waybills with the cargo manifest but must be capable of providing
Customs required air waybill information, electronically or otherwise,
upon demand by Customs. Participation in this test program does not
relieve carriers from compliance with applicable requirements of other
government agencies.
II. Test Program Eligibility Criteria
To be eligible to participate in the test program, an air carrier
must meet the following eligibility criteria:
1. A carrier must be a qualified AAMS carrier in the port where it
will operate under the test. A qualified AAMS carrier has been tested
and certified by Customs to possess the technical capability to
transmit and receive AAMS data. Technical requirements for AAMS
carriers are specified in the Customs publication entitled, ``Customs
Automated Manifest Interface Requirements --Air (CAMIR--Air).'' Any
carrier not currently AAMS qualified may submit a written request to
become an AAMS participant to the Customs Client Representative Branch
closest to the applicant's operational location. A list of Customs
Client Representatives may be obtained from the United States Customs
Service, Office of Information and Technology, Client Representatives
Branch, 7501 Boston Blvd., Springfield, VA 22153 (703/921-7500).
2. A carrier must be a participant in the Customs-Trade Partnership
Against Terrorism (C-TPAT) program. C-TPAT is a joint Customs-business
initiative to build cooperative relationships that strengthen overall
supply chain and border security. Application instructions for air
carriers wishing to participate in the C-TPAT program may be found on
the Internet at www.Customs.gov or may be requested in writing from the
United States Customs Service, Office of Field Operations, Industry
Partnership Programs, 1300 Pennsylvania Avenue, NW., Room 5.4C,
Washington, DC 20229, ATTN: C-TPAT.
III. Test Program Application and Selection Process
Application Process
Any air carrier that satisfies the eligibility criteria may apply
to participate in the test program by submitting a written request to
the United States Customs Service, Office of Field Operations, Trade
Compliance and Facilitation, 1300 Pennsylvania Avenue, NW., Room 5.2B,
Washington, D.C. 20229, ATTN: Paperless Master AWB Test. Customs will
accept applications from eligible air carriers throughout the duration
of the test. The request must be signed by an authorized official,
designate the Customs port where the participant will operate under the
test, and designate a point of contact and telephone number within the
applicant's organization.
Upon review, Customs will issue written notification regarding the
approval or denial of the application. If denied, Customs will inform
the applicant of the reasons for denial and the right to reapply after
any deficiencies identified in the notice of denial have been
corrected. Any air carrier that applies for permission to participate
in the test program will be given due consideration by Customs and will
be evaluated based on its ability to meet the requirements set forth in
the notice.
Participation in this test program will not be considered
confidential information, and the identity of participants will be made
available to the public upon written request.
IV. Test Program Procedures
Test program procedures will be coordinated with all participating
and affected parties. The following procedures apply to all participant
air carriers and will be in effect for the duration of the test
program:
1. The participant air carrier must transmit the master air waybill
information to AAMS with all the necessary data elements as set forth
in the CAMIR-Air publication prior to the arrival of the aircraft.
Where the carrier transfers the freight to a deconsolidator that
participates in the AAMS program, the deconsolidator must
electronically transmit the house air waybill information. Where the
carrier transfers the freight to a non-automated deconsolidator or
releases the freight from its own facility, the carrier must supply
through AAMS complete house air waybill details including piece count,
weight, cargo description, shipper, and consignee information.
2. The participant must be able to print a paper copy of the master
air waybill with the required data elements and submit it to Customs
personnel upon demand by Customs.
3. If for any reason, the electronic data interchange system
between Customs and the participant becomes inoperative or Customs is
unable to receive electronic transmissions, the participant will print
a copy of the master air waybill, attach it to the air cargo manifest,
and submit it to Customs at the port of arrival.
V. Suspension/Termination From the Test Program and Administrative
Review
Suspension/Termination Process
The failure of a participant to comply with the procedural
requirements or to
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maintain participation in the programs required for eligibility (AAMS
and C-TPAT), or failure to adhere to all applicable laws and
regulations, may result in the suspension or termination of the
participant from the test program. Except in instances of willfulness
on the part of the participant, or where public health, interest, or
safety is at issue, the port director will issue a written notice of
proposed suspension to the participant. The notice will inform the
participant of the following:
1. The basis of the proposed action and all applicable terms and
conditions regarding implementation of the proposed action and the
administrative review process.
2. The right to seek administrative review of the action, pursuant
to the terms set forth in the notice. A request for review must be
received by Customs on or before the 10th calendar day from the date
the notice of proposed suspension was issued.
3. That any action will be held in abeyance for a period of 10
calendar days from the date of the notice or, if the participant timely
seeks administrative review of the matter pursuant to the terms set
forth in the notice, pending conclusion of Customs review of the
matter.
4. That failure to seek administrative review of the matter
pursuant to the terms set forth in the notice will constitute
acceptance of the terms and conditions set forth in the notice,
preclude any further administrative review of the matter, and
automatically commence the suspension at midnight of the 10th calendar
day from the date of the notice.
Where there is willfulness on the part of the participant, or where
public health, interest, or safety is concerned, suspension from the
test program may go into effect immediately upon issuance of an
electronic notice by the port director that sets forth the basis of the
action and any related information. Within 5 calendar days from the
date the electronic notice was issued, Customs will issue a written
notice of immediate suspension to the participant. A notice of
immediate action, whether electronic or in paper form, will provide the
same kind of information as that contained in a notice of proposed
suspension. An immediate suspension will remain in effect pending
conclusion of any administrative review of the action by Customs.
Administrative Review
To seek administrative review of any suspension from the test
program, the participant must submit documentation to the port director
that issued the suspension notice within 10 calendar days from the date
the notice of proposed suspension or an electronic notice of immediate
suspension was issued. The documentation must establish, to the
satisfaction of Customs, that the alleged deficiencies which led to the
action did not occur or have been corrected.
The port director will review the documentation and issue a written
final notice of decision to the participant within 30 days from the
date the documentation was received by Customs, unless the time period
is extended upon due notice. In the case of a participant seeking
review of a proposed suspension, the final notice will either impose a
suspension that is effective upon the date of the final notice or
indicate that no suspension will be imposed. In the case of a
participant seeking administrative review of an immediate suspension,
the final notice will inform the participant that the suspension has
been affirmed, modified, or revoked upon the date of the final notice.
If a suspension is imposed, the suspended participant may seek a
second level of administrative review to appeal the final notice of
suspension by submitting documentation to the Assistant Commissioner,
Office of Field Operations, within 10 calendar days of the final
notice. The Assistant Commissioner or its designee will issue to the
suspended participant a written decision within 30 calendar days from
the date the documentation was received, unless this time period is
extended upon due notice. The decision will affirm, modify, or revoke
the suspension and will set forth the basis for the determination, as
well as any applicable terms and conditions.
VI. Test Evaluation Criteria
During the course of the test, Customs and the participants will
evaluate the test, and the results of the evaluation will be published
in the Federal Register and the Customs Bulletin as required by Sec.
101.9(b) of the Customs Regulations (19 CFR 101.9(b)). The test will be
evaluated through an analysis of questionnaires completed by affected
participants and Customs personnel. Evaluation criteria for Customs and
other government agencies include workload impact, policy and
procedural accommodation, and trade compliance impact. Criteria for
participants include cost benefits and operational efficiency.
Dated: January 28, 2003.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 03-2280 Filed 1-30-03; 8:45 am]
BILLING CODE 4820-02-P