[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Notices]
[Pages 38464-38466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15249]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Automated Commercial Environment (ACE): Change to the Terms and 
Conditions for Account Access of the ACE Secure Data Portal

AGENCY: U.S. Customs and Border Protection; Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: On May 16, 2007, U.S. Customs and Border Protection (CBP) 
published a General Notice in the Federal Register announcing the terms 
and conditions that must be followed as a condition for access to the 
Automated Commercial Environment (ACE) Secure Data Portal (ACE Portal). 
This document revises those terms and conditions regarding the period 
of Portal inactivity which will result in termination of access to the 
ACE Portal. This notice provides that if forty-five (45) consecutive 
days elapse without an Account Owner, Proxy Account Owner, or an 
Account user accessing the ACE Portal, access to the Portal will be 
terminated. The time period for allowable Portal activity previously 
was ninety (90) days. Except for the expansion of the types of Portal

[[Page 38465]]

Accounts in ACE announced in a General Notice published in the Federal 
Register on October 18, 2007, all other provisions in the May 16, 2007, 
Terms and Conditions document remain unchanged and in effect.

DATES: Effective Date: The terms and conditions set forth in this 
document must be followed as a condition for access to the ACE Portal 
effective immediately.

ADDRESSES: Comments concerning this notice should be submitted to Byron 
Kissane via e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Byron Kissane at 
[email protected] or (703) 650-3460.

SUPPLEMENTARY INFORMATION: 

Background

    On May 16, 2007, U.S. Customs and Border Protection (CBP) published 
a General Notice in the Federal Register (72 FR 27632) announcing a 
revision of the terms and conditions that must be followed as a 
condition for access to the ACE Portal. The notice specified that no 
further action would be required by ACE Portal Trade Account Owners for 
those ACE Portal Accounts already established with CBP with the proper 
Account Owner listed.
    The principal changes to the ACE terms and conditions included a 
revised definition of ''Account Owner'' to permit either an individual 
or a legal entity to serve in this capacity, new requirements relating 
to providing notice to CBP when there has been a material change in the 
status of the Account and/or Trade Account Owner, and explanatory 
provisions as to how the information from a particular account may be 
accessed through the ACE Portal when that account is transferred to a 
new owner.

Terms and Conditions Document

    The purpose of the Terms and Conditions document is to set forth 
the obligations and responsibilities of those parties accessing an ACE 
Portal account on behalf of an Account. An ACE Portal account, as 
described in that document, referred to a party who had volunteered to 
participate in any ACE test and has an ACE Portal account.
    At the time of publication of the Terms and Conditions document in 
the Federal Register on May 16, 2007, the business categories that 
could establish ACE Portal accounts consisted of importers, brokers, 
and carriers. However, CBP published a subsequent General Notice in the 
Federal Register on October 18, 2007 (72 FR 59105), announcing, among 
other things, enhanced Portal functionality and an expansion of the 
business categories that may establish ACE Portal accounts. A complete 
list of the Portal Account types is set forth below with the 
requirements that must be met or the information that is required. It 
is noted that Internet accessibility is a requirement for all 
categories.
    1. Importer:
     Possesses one or more Importer of Record (IR) numbers; and
    2. Broker:
     Possesses the ability to make periodic payment via 
Automated Clearinghouse (ACH) Credit or ACH Debit;
     Possesses the ability to file entry/entry summary via 
Automated Broker Interface (ABI); and
    3. Carrier (All Modes: Air, Rail, and Sea):
     Possesses a SCAC, International Air Transport Association 
(IATA), or International Civil Aviation Organization (ICAO) designator 
(as applicable); and
     Method of transportation (i.e., air, rail, vessel).
    4. Cartman or Lighterman:
     Employer Identification Number (EIN) or Social Security 
Number (SSN); and
     CBP issued license number.
    5. Driver/Crew:
     Drivers/Crew who are interested in having their 
information entered into ACE are encouraged to contact: (1) A truck 
carrier with Electronic Data Interchange (EDI) or an ACE Portal 
Account; or (2) a third party provider (this includes importers, 
brokers, and service centers) with an ACE Portal Account.
     Drivers/Crew who elect to have their own ACE Portal 
Account with a Driver/Crew view will be required to submit the 
following information:
    a. Name;
    b. Date of Birth; and
    c. Commercial Driver's License (CDL).
    6. Bonded Warehouse, Container Freight Station (CFS), and Container 
Examination Station (CES) Facility Operator:
     EIN or SSN;
     Facilities Information and Resources Management System 
(FIRMS) code; and
     Bond number.
    7. Filer:
     Filer Code.
    8. Foreign Trade Zone (FTZ) Operator:
     EIN or SSN;
     FIRMS code;
     Zone Number;
     Sub-zone Number (if applicable);
     Site Number; and
     Bond Number.
    9. Service Provider:
     Software Vendor: Filer Code and/or SCAC;
     Service Bureau/Center: Filer code and/or SCAC;
     Port Authority: SCAC;
     Preparer: SCAC; and
     Surety agent: Filer code.
    10. Surety:
     Surety Code; and
     EIN.

Security Policy

    Provision V of the May 16, 2007, Terms and Conditions document 
addresses Failure to Access the Portal. Specifically, this provision 
states that failure of an Account Owner to access the ACE Portal for a 
period of ninety (90) days consecutively will result in the termination 
of access to the ACE Portal. Access may be restored by calling the Help 
Desk or by following the ``forgot your password'' prompt found on the 
ACE Portal log-in page. The failure of a Proxy Account Owner or an 
Account User to access the ACE Portal for a period of ninety (90) days 
consecutively will result in the termination of access to the ACE 
Portal for the Proxy Account Owner or Account User. Access may only be 
restored upon re-authorization by the Account Owner.

Change in Security Policy

    To meet security guidelines established by the Department of 
Homeland Security, CBP is implementing a new policy as it relates to 
account access that changes the period of allowable inactivity from 
ninety (90) days to forty-five (45) days. As such, if forty-five (45) 
consecutive days elapse without an Account owner accessing the ACE 
Portal, access to the Portal will be terminated. Access may only be 
restored by calling the Help Desk. Similarly, if forty-five (45) 
consecutive days elapse without a Proxy Account Owner or an Account 
User accessing the ACE portal, access to the Portal will also be 
terminated for the Proxy Account Owner or Account User. Access may only 
be restored by calling the Help Desk. The Account Owner may no longer 
re-authorize access for the Proxy Account Owner or the Account User.
    Any party seeking access to the ACE Portal will be required to 
accept those terms and conditions as set forth on the ACE Portal screen 
and in this General Notice.
    All other provisions in the May 16, 2007, Terms and Conditions 
document not specifically mentioned as being

[[Page 38466]]

revised, remain unchanged and in effect.

    Dated: June 30, 2008.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
 [FR Doc. E8-15249 Filed 7-3-08; 8:45 am]
BILLING CODE 9111-14-P