[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Notices]
[Pages 77128-77130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31578]


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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