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GAO-16-173R 1 (2015-10-27)

handle is hein.gao/gaobadrox0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-327442 October 27, 2015 The Honorable Ron Johnson Chairman The Honorable Thomas R. Carper Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable Paul Ryan Chairman The Honorable Sander Levin Ranking Member Committee on Ways and Means House of Representatives Subject: Department of Homeland Security, U.S. Customs and Border Protection, and Department of the Treasury: Automated Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), and Department of the Treasury (Treasury) (collectively, the agencies) entitled Automated Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary (Cargo Release and Related Entry) (RIN: 1515-AE03). We received the rule on October 14, 2015. It was published in the Federal Register as an interim final rule on October 13, 2015. 80 Fed. Reg. 61,278. The interim final rule amends the CBP regulations to reflect that on November 1, 2015, ACE will be a CBP-authorized Electronic Data Interchange (EDI) System. The interim final rule informs the public that the Automated Commercial System (ACS) is being phased out as a CBP- authorized EDI System for processing electronic entry and entry summary filings (also known as entry filings). ACE will replace ACS as the CBP-authorized EDI system for processing commercial trade data. It also announces the conclusion of the ACE Cargo Release and the Entry Summary, Accounts and Revenue tests with regard to the entry and entry summary requirements that are now part of the CBP regulations. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The interim final rule has a stated effective date of November 1, 2015. The rule was received on October 14, 2015, and was published in the Federal Register on October 13, 2015. Therefore, the interim final rule does not have the required 60-day delay in its effective date. The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or GAO-16-173R

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