[Federal Register Volume 68, Number 186 (Thursday, September 25, 2003)]
[Notices]
[Pages 55405-55407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24260]



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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Modification of Free and Secure Trade Prototype

AGENCY: Bureau of Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: This document modifies the Free and Secure Trade (FAST) 
prototype eligibility and application requirements from those 
previously set forth in the Federal Register, and provides updated FAST 
border site selections. The FAST prototype provides expedited 
processing of participants' qualifying merchandise in designated 
traffic lanes at select border sites. FAST processing utilizes two 
separate cargo release mechanisms-a fully electronic system and a semi-
electronic system known as PAPS. The FAST prototype is modified to 
include Southern border sites and additional Northern border sites.
    To be eligible for FAST processing along the Northern and Southern 
borders, merchandise must be entered by a C-TPAT-approved (Customs-
Trade Partnership Against Terrorism) importer; transported by a C-TPAT-
approved highway carrier participating under either the U.S./Canada 
Border Highway Carriers Agreement or the Southern Border Highway 
Carriers Agreement; and driven by a FAST-registered commercial driver. 
In addition, in order to be eligible for FAST processing along the 
Southern border, merchandise must be manufactured by a C-TPAT-approved 
foreign manufacturer and securely sealed by the manufacturer.
    To be eligible for the fully electronic cargo release system under 
FAST, the importer, highway carrier, commercial driver, and foreign 
manufacturer, where applicable, must meet the guidelines described 
above, and the importer must submit a detailed application to CBP.

EFFECTIVE DATES: This modification of the FAST program is effective on 
September 25, 2003. This prototype will be tested until the Automated 
Commercial Environment (ACE) is completed. Applications to participate 
in this prototype, where appropriate, may be submitted at any time 
throughout the duration of this test. Evaluations of the prototype will 
occur periodically.

ADDRESSES: Written requests to participate in the FAST program, as 
necessary, should be sent to Customs and Border Protection, 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, Customs and Border Protection, 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 detailed information and 
application procedures on the C-TPAT and FAST initiatives, visit the 
CBP Web site at http://www.cbp.gov.
    For inquiries regarding the eligibility of specific importers: 
Robert Thommen at (202) 927-0256;
    For questions on reconciliation: John Leonard at (202) 927-0915;
    For questions on statement processing: Debbie Scott at (202) 927-
1962;
    For questions on violation billing: Donald Yando at (202) 927-1082;
    For questions on other aspects of the FAST Prototype: Daniel 
Buchanan at (617) 565-6236.

SUPPLEMENTARY INFORMATION:

Background

    On March 27, 1997 the U.S. Customs Service (now Customs and Border 
Protection, or CBP) 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. This phase of the NCAP/P test, utilizing a fully 
electronic cargo release system, was initially limited to certain 
importers that imported certain merchandise by truck through three 
ports.
    On August 21, 1998, Customs published a General notice in the 
Federal Register (63 FR 44949) revising the importer eligibility 
requirements for participation in the fully electronic cargo release 
system under NCAP/P, incorporating enhancements to reconciliation, 
clarifying the statement process, outlining the development and 
evaluation methodology that would be used in the test, and inviting 
public comment on any aspect of the planned test. The notice also 
included general requirements for the prototype, and information on 
remote location filing, maintenance of account, misconduct procedures, 
and suspension of regulatory provisions.
    On December 16, 2002, a General notice was published in the Federal 
Register (67 FR 77128) announcing the redesignation of the National 
Customs Automation Program test of an Account-Based Declaration 
Prototype (NCAP/P) as the Free and Secure Trade (FAST) prototype. The 
program was expanded to include the semi-electronic Pre-Arrival 
Processing System (PAPS), a modified usage of the cargo selectivity for 
trucks arriving from Canada.

FAST Prototype--General Information

    The FAST prototype is subject to the provisions set forth in the 
August 21, 1998 notice, except as modified in today's notice. For ease 
of reference, today's notice contains information on participating in 
FAST-PAPS and all other pertinent information published in the December 
16, 2002 notice.
    The FAST program provides expedited processing of participants' 
qualifying merchandise in designated traffic lanes at select border 
sites. The FAST program is designed to enhance security and safety 
along the Northern and Southern borders, while also enhancing the 
economic prosperity of the U.S., Canada, and Mexico by aligning, to the 
maximum extent possible, their customs commercial programs.
    The NCAP/P (now FAST) originally utilized only a fully electronic 
cargo release system. Because only one release system existed, 
reference to the NCAP/P prototype and its release system was 
interchangeable. Subsequently, upon redesignation of the NCAP/P to 
FAST, a second cargo release system under the FAST prototype, known as 
PAPS, was created. Therefore, expedited processing under the FAST 
prototype became available via both PAPS and the original fully 
electronic cargo release method.
    FAST-PAPS is an automated cargo release procedure available for 
merchandise imported by C-TPAT-approved (Customs-Trade Partnership 
Against Terrorism) importers participating in Automated Broker 
Interface (ABI) entry procedures (see 19 CFR part 143, subparts A and 
D). Unlike the fully electronic version of FAST, FAST-PAPS makes use of 
paper Inward Manifest forms and paper invoices, and no application is 
required for participation in expedited processing via FAST-PAPS. ABI 
importers can utilize FAST-PAPS with minimal changes to their operating 
systems and processes.
    FAST-PAPS requires an importer to submit to CBP certain entry data 
prior to the arrival of the merchandise at the designated port of entry 
for cargo selectivity concerns. The carrier must work with the 
manufacturer and the importer to ensure that the data is

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available to the importer in advance of arrival at the border. The 
carrier must utilize barcode technology to expedite the release of the 
shipment by attaching a unique barcode label, which consists of the 
carriers Standard Carrier Alpha Code (SCAC) and either a pro bill of 
lading (BOL) number or a unique transaction (UT) number to each invoice 
and truck manifest prior to the importation of merchandise. The invoice 
and the SCAC/BOL or SCAC/UT number is then transmitted to the customs 
broker, who prepares a Cargo Selectivity entry via an ABI transmission 
in the Automated Commercial System (ACS) before the merchandise arrives 
at a FAST designated border site. When the merchandise arrives at the 
site, the CBP inspector electronically records (scans) the barcode 
information, which automatically retrieves the entry information from 
the ACS system. If no examination is needed, the inspector may release 
the truck from the primary booth; thus, reducing the carrier's wait 
time and easing congestion at that border crossing.
    Eligibility requirements for participation in FAST vary according 
to the cargo release system option selected. Participation in either 
FAST-PAPS or the fully electronic cargo release version of FAST is 
subject to the guidelines provided below. In addition, participation in 
FAST utilizing the fully electronic cargo release system requires an 
importer to submit an application to CBP containing detailed 
information on its trading partners and carriers, and other pertinent 
information, in advance of commencement of shipping of merchandise. 
Updated and complete application instructions for the fully electronic 
cargo release method are provided under the Application for FAST 
section below.

FAST Participation Guidelines

    Subject to the provisions of the notice of August 21, 1998 (63 FR 
44949), all importers, highway carriers, commercial drivers, and some 
foreign manufacturers participating in either of the two cargo release 
methods available under the FAST prototype must meet certain 
guidelines, as summarized below:

Northern and Southern Border Requirements

    In order to qualify for expedited processing along the Northern and 
Southern borders, imported merchandise must be:
    (1) Entered by an importer approved for C-TPAT membership;
    (2) Transported by a carrier approved for C-TPAT membership and 
approved under either the U.S./Canada Border Highway Carriers Agreement 
or the Southern Border Highway Carriers Agreement; and
    (3) Driven by a commercial driver registered and approved under 
either the U.S./Canada FAST Commercial Driver Program or the U.S. FAST 
Commercial Driver Program.

Southern Border Requirements

    FAST processing along the Southern border requires compliance with 
the eligibility provisions (1)-(3), above, in addition to the following 
two provisions:
    (4) Imported merchandise must have been manufactured by a 
manufacturer approved for C-TPAT membership;
    (5) ISO/PAS 17712 high security seals must be affixed to the 
trucks, trailers and containers used to carry the goods to the port of 
arrival.
    The C-TPAT is a joint government-business initiative to build 
cooperative relationships that strengthen overall supply chain and 
border security for the U.S. Under the FAST prototype, importers must 
be C-TPAT-approved, importers must utilize only C-TPAT-approved highway 
carriers participating under either one of the listed highway carriers 
agreements, and highway carriers must utilize only FAST-registered 
commercial drivers for FAST processing. Detailed information on C-TPAT 
approval, the highway carriers agreements, and FAST commercial drivers 
registration procedures are addressed on the CBP Web site.
    For importations along the Southern border only, the foreign 
manufacturer of the merchandise being processed also must be C-TPAT-
approved. The foreign manufacturer must affix ISO/PAS 17712 high 
security seals (manufactured to International Organization for 
Standardization (ISO) standards from an approved ISO manufacturer) to 
the trucks, trailers, and containers used to carry the merchandise to 
the Southern border site. Incoming manifests for expedited Southern 
border processing must document seal numbers.
    CBP will determine the eligibility of the importer, highway 
carrier, commercial driver, and foreign manufacturer, when applicable, 
to participate under FAST processing of merchandise. Conveyances not 
meeting the basic guidelines for FAST participation may be redirected 
to other non-FAST vehicle lanes or be otherwise delayed in processing 
at the port of arrival.
    For commercial drivers seeking participation in FAST processing 
along the Southern border, but whom CBP deems ineligible for 
participation, CBP plans to issue the applicant a CBP identification 
card instead, which will grant access to commercial truck facilities 
along the Southern border.

Application for FAST--Fully Electronic Cargo Release

    For ease of reference, this notice provides complete and updated 
application instructions to importers wishing to participate in the 
fully electronic version of FAST.
    To qualify for FAST processing utilizing the fully electronic cargo 
release system, importers must meet the FAST participation guidelines 
discussed above, and must submit an application to the St. Albans, 
Vermont, Service Port at the address indicated above, with the 
following information:
    A. Importer's name, address, and IRS employer identification number 
or social security number;
    B. Names and addresses of all manufacturers and all sellers/vendors 
for the electronic 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's of C-TPAT highway carriers who will 
be transporting FAST shipments across the international borders;
    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), Michigan;
    2. Detroit (Ambassador Bridge), Michigan;
    3. Blaine, Washington;
    4. Buffalo (including the Peace Bridge and Lewiston Bridge), New 
York;
    5. Champlain, New York; and
    6. Laredo, Texas.
    H. Detailed description of anticipated issues and/or commodities 
for which the participant anticipates electing reconciliation.
    CBP will make admissibility determinations on fully electronic FAST 
processing of merchandise based on cargo examinations and the 
information supplied with the application, which

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will serve as a pre-filed entry for FAST purposes. Importers who submit 
applications to participate in the fully electronic version of the FAST 
prototype 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. An importer whose initial 
application was rejected may resubmit an application upon correction of 
the situation that led to the rejection.

FAST Processing Border Sites

    This document provides an updated and complete list of 
participating FAST processing border sites along the Northern and 
Southern borders. CBP assessed several factors in selecting expedited 
border sites along the Northern and Southern borders, including road 
infrastructure, adequacy of port facilities, and commercial traffic 
volumes. CBP further assessed service needs and concerns to support 
major importers along the U.S./Canadian border, and assessed enhanced 
security requirements and expeditious commercial requirements along the 
U.S./Mexican border.
    The fully electronic cargo release system is available only at five 
Northern border sites, and one Southern border site, and requires a 
participant to invest in a fully electronic communication system with 
CBP. In contrast, FAST-PAPS release is available to all qualifying ABI 
participants and at all FAST border sites.
    The following is a complete list of FAST-participating Northern 
border sites. Unless otherwise indicated, both methods of cargo release 
under the FAST prototype are currently available at a site:
    (1) Port Huron (Blue Water Bridge), Michigan;
    (2) Detroit (Ambassador Bridge), Michigan;
    (3) Blaine, Washington;
    (4) Buffalo (including the Peace Bridge and Lewiston Bridge), New 
York;
    (5) Champlain, New York;
    (6) Pembina, North Dakota (FAST-PAPS only);
    (7) Portal, North Dakota (FAST-PAPS only);
    (8) Sweet Grass, Montana (FAST-PAPS only);
    (9) Derby Line, Vermont (FAST-PAPS only);
    (10) Highgate Springs, Vermont (FAST-PAPS only);
    (11) Alexandria Bay, New York (FAST-PAPS only);
    (12) Houlton, Maine (enrollment center only).
    Expedited processing of merchandise was previously suspended at the 
Southern border port of Laredo, Texas. While both the fully electronic 
and PAPS versions of FAST expedited processing will now be available at 
the port of Laredo, only the PAPS version will be available at the 
remaining participating Southern border sites:
    (1) Laredo, Texas;
    (2) El Paso, Texas (FAST-PAPS only);
    (3) Hidalgo, Texas (FAST-PAPS only);
    (4) Brownsville, Texas (FAST-PAPS only);
    (5) Otay Mesa, California (FAST-PAPS only);
    (6) Calexico, California (FAST-PAPS only);
    (7) Nogales, Arizona (FAST-PAPS only).
    An importer wishing to participate in the fully electronic version 
of FAST at a port listed as only FAST-PAPS capable, should notify CBP 
of its interest by contacting the FAST Processing Center. CBP will 
evaluate the amount of volume expected to be cleared in a port, and 
determine if the investment in technology and training necessary for 
both parties justifies the expense.

    Dated: September 22, 2003.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 03-24260 Filed 9-24-03; 8:45 am]
BILLING CODE 4820-02-P