2022-05288. Application To Use Automated Commercial Environment (ACE)

AGENCY:

U.S. Customs and Border Protection (CBP), Department of Homeland Security.

ACTION:

30-Day Notice and request for comments; Revision of an existing collection of information.

SUMMARY:

The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

DATES:

Comments are encouraged and must be submitted (no later than April 13, 2022) to be assured of consideration.

ADDRESSES:

Written comments and/or suggestions regarding the item(s) contained in this notice should be sent within 30 days of publication of this notice to www.reginfo.gov/​public/​do/​PRAMain . Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.

FOR FURTHER INFORMATION CONTACT:

Requests for additional PRA information should be directed to Seth Renkema, Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 20229-1177, Telephone number 202-325-0056 or via email [e-mail]. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP website at https://www.cbp.gov/​.

SUPPLEMENTARY INFORMATION:

CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ). This proposed information collection was previously published in the Federal Register (86 FR 63037) on November 15, 2021, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.8. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.

Overview of This Information Collection

Title: Application to use Automated Commercial Environment (ACE).

OMB Number: 1651-0105.

Form Number: N/A.

Current Actions: Revision of an existing collection of information.

Type of Review: Revision.

Affected Public: Businesses.

Abstract: The Automated Commercial Environment (ACE) is a trade data processing system that is replacing the Automated Commercial System (ACS), the current import system for U.S. Customs and Border Protection (CBP) operations. ACE is authorized by Executive Order 13659 which mandates implementation of a Single Window through which businesses will transmit data required by participating agencies for the importation or exportation of cargo. See 79 FR 10655 (February 25, 2014). ACE supports government agencies and the trade community with border-related missions with respect to moving goods across the border efficiently and securely. Once ACE is fully implemented, all related CBP trade functions and the trade community will be supported from a single common user interface.

To establish an ACE Portal account, participants submit information such as their name, their employer identification number (EIN) or social security number (SSN), and if applicable, a statement certifying their capability to connect to the internet. This information is submitted through the ACE Secure Data Portal which is accessible at: http://www.cbp.gov/​trade/​automated.

Please Note: A CBP-assigned number may be provided in lieu of your SSN. If you have an EIN, that number will automatically be used and no CBP number will be assigned. A CBP-assigned number is for CBP use only.

There is a standalone capability for electronically filing protests in ACE. This capability is available for participants who have not established ACE Portal Accounts for other trade activities, but desire to file protests electronically. A protest is a procedure whereby a private party may administratively challenge a CBP decision regarding imported merchandise and certain other CBP decisions. Trade members can establish a protest filer account in ACE through a separate application and the submission of specific data elements. See 81 FR 57928 (August 24, 2016).

Proposed Changes

1. New ACE Account Type

CBP is creating a new ACE Account type for ACE Import Trade Carriers and their designees. This new account type, Vessel Agency, enables users to file vessel entrance, clearance, and related data to CBP electronically through the new Vessel Entrance and Clearance System (VECS).

The ACE Account Application will be changed to collect identifying information such as name, employer identification number (EIN), company address, and phone numbers, to be used to setup the Vessel Agency accounts. Users who create a Vessel Agency Account are automatically enrolled into the VECS public pilot.

2. Removing ACE Account Types

In a separate action, unrelated to the Vessel Agency account type creation, CBP will also be removing account types “Cartman” and “Lighterman” from the ACE Account Application. These account types were never used and are being removed due to that lack of use.

Type of Information Collection: Application to ACE (Import).

Estimated Number of Respondents: 21,571.

Estimated Number of Annual Responses per Respondent: 1.

Estimated Number of Total Annual Responses: 21,571.

Estimated Time per Response: 20 minutes (0.33 hours).

Estimated Total Annual Burden Hours: 7,118.

Type of Information Collection: Application to ACE (Export).

Estimated Number of Respondents: 9,000.

Estimated Number of Annual Responses per Respondent: 1.

Estimated Number of Total Annual Responses: 9,000.

Estimated Time per Response: 4 minutes (0.066 hours).

Estimated Total Annual Burden Hours: 594.

Type of Information Collection: Application to Establish an ACE Protest Filer Account.

Estimated Number of Respondents: 3,750.

Estimated Number of Annual Responses per Respondent: 1.

Estimated Number of Total Annual Responses: 3,750.

Estimated Time per Response: 4 minutes (0.066 hours).

Estimated Total Annual Burden Hours: 248.

Dated: March 9, 2022.

Seth D. Renkema,

Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.