80_FR_32201 80 FR 32093 - International Trade Data System Test Concerning the Electronic Submission of Certain Data Required for Imports

80 FR 32093 - International Trade Data System Test Concerning the Electronic Submission of Certain Data Required for Imports

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32093-32095
FR Document2015-13767

NMFS announces a pilot test of the International Trade Data System (ITDS) involving the electronic submission of forms and/or data, related to importations of fish products regulated by NMFS, using the Partner Government Agency (PGA) Message Set and Document Imaging System (DIS) components of the Automated Commercial Environment (ACE). The U.S. Customs and Border Protection (CBP) and NMFS have developed a pilot plan to test and assess the electronic transmission of import data for tuna, swordfish and toothfish. The pilot test will involve using the ACE, the NMFS PGA Message Set, the DIS and the Automated Broker Interface (ABI) to transmit the data required for admissibility determinations for entries of tuna, swordfish and toothfish. ABI is the electronic data interchange that enables participants to file electronically required import data with CBP and transfers that data into ACE. Initially, under this test, NMFS PGA Message Set data may be submitted only for formal and informal consumption entries (entry types 01 and 11), filed at certain ports.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32093-32095]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD947


International Trade Data System Test Concerning the Electronic 
Submission of Certain Data Required for Imports

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces a pilot test of the International Trade Data 
System (ITDS) involving the electronic submission of forms and/or data, 
related to importations of fish products regulated by NMFS, using the 
Partner Government Agency (PGA) Message Set and Document Imaging System 
(DIS) components of the Automated Commercial Environment (ACE). The 
U.S. Customs and Border Protection (CBP) and NMFS have developed a 
pilot plan to test and assess the electronic transmission of import 
data for tuna, swordfish and toothfish.
    The pilot test will involve using the ACE, the NMFS PGA Message 
Set, the DIS and the Automated Broker Interface (ABI) to transmit the 
data required for admissibility determinations for entries of tuna, 
swordfish and toothfish. ABI is the electronic data interchange that 
enables participants to file electronically required import data with 
CBP and transfers that data into ACE. Initially, under this test, NMFS 
PGA Message Set data may be submitted only for formal and informal 
consumption entries (entry types 01 and 11), filed at certain ports.

DATES: The test will commence after July 1, 2015 and will continue 
until concluded by publication of a notice in the Federal Register 
ending the test. Participants should consult the following Web site to 
determine which ports are operational for the test and the

[[Page 32094]]

date that they become operational: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. Comments will be 
accepted through the duration of the test.

ADDRESSES: To submit comments concerning this test program, send an 
email to Josephine Baiamonte (Josephine.Baiamonte@dhs.gov), Director, 
Business Transformation, ACE Business Office (ABO), Office of 
International Trade. In the subject line of an email, please use, 
``Comment on PGA Message Set Test FRN''.
    Any party seeking to participate in the PGA Message Set test should 
contact their client representative. Interested parties without an 
assigned client representative should submit an email to Steven Zaccaro 
at steven.j.zaccaro@cbp.dhs.gov with the subject heading ``PGA Message 
Set Test FRN-Request to Participate''.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment (ACE) or ABI transmissions, contact 
your assigned client representative. Interested parties without an 
assigned client representative should direct their questions to Steven 
Zaccaro at steven.j.zaccaro@cbp.dhs.gov. For PGA related questions, 
contact Emi Wallace (CBP) at mailto:emi.r.wallace@cbp.dhs.gov and for 
NMFS related questions contact Dale Jones (NMFS) at 
dale.jones@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background

I. The National Customs Automation Program (NCAP)

    NCAP was established in Subtitle B of Title VI--Customs 
Modernization, in the North American Free Trade Agreement 
Implementation Act (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 
1993) (Customs Modernization Act). See 19 U.S.C. 1411. Through NCAP, 
the initial thrust of customs modernization was on trade compliance and 
the development of ACE, the planned successor to the Automated 
Commercial System (ACS). ACE is an automated and electronic system for 
commercial trade processing which is intended to streamline business 
processes, facilitate growth in trade, ensure cargo security, and 
foster participation in global commerce, while ensuring compliance with 
U.S. laws and regulations and reducing costs for CBP and all of its 
communities of interest. The ability to meet these objectives depends 
on successfully modernizing CBP's business functions and the 
information technology that supports those functions.
    CBP's modernization efforts are accomplished through phased 
releases of ACE component functionality designed to replace a specific 
legacy ACS function. Each release will begin with a test and will end 
with mandatory use of the new ACE feature, thus retiring the legacy ACS 
function. Each release builds on previous releases and sets the 
foundation for subsequent releases. ABI allows participants to 
electronically file required import data with CBP and transfers that 
data into ACE.

II. International Trade Data System

    This test is in furtherance of the ITDS, which is statutorily 
authorized by section 405 of the Security and Accountability for Every 
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as 
defined by section 4 of the SAFE Port Act of 2006, is to eliminate 
redundant information filing requirements, efficiently regulate the 
flow of commerce, and effectively enforce laws and regulations relating 
to international trade, by establishing a single portal system, 
operated by CBP, for the collection and distribution of standard 
electronic import and export data required by all participating Federal 
agencies.

III. Partner Government Agency Message Set

    The PGA Message Set is the data needed to satisfy the PGA reporting 
requirements. For purposes of this test, the affected PGA is the NMFS. 
ACE enables the message set by acting as the ``single window'' for the 
submission of trade-related data required by the PGAs only once to CBP. 
This data must be submitted at any time prior to the arrival of the 
merchandise on the conveyance transporting the cargo to the United 
States as part of an ACE Entry/Cargo Release or Entry Summary. The data 
will be validated and made available to the relevant PGAs involved in 
import, export, and transportation-related decision making. The data 
will be used to fulfill merchandise entry and entry summary 
requirements and will allow for earlier release decisions and more 
certainty for the importer in determining the logistics of cargo 
delivery. Also, by virtue of being electronic, the PGA Message Set will 
eliminate the necessity for the submission and subsequent handling of 
paper documents. All PGA Message Set participants are required to use a 
software program that has completed ACE certification testing for the 
PGA Message Set.
    Alternatively, test participants may transmit required PGA data 
using the DIS as ACE is ready to receive imaged copies of NMFS forms 
and documents through the DIS. For information regarding the use of 
DIS, and for a list of PGA forms and documents which may be transmitted 
to ACE using DIS, please see http://www.cbp.gov/trade/ace/features. At 
this time, ACE is prepared to accept certain PGA data elements for NMFS 
for type ``01'' (consumption) and type ``11'' (informal) commercial 
entries filed at specified ports. CBP plans on expanding to include 
Type ``02'' (quota) entries in the near future.
    The PGA data elements comprising the test are generally those found 
in the current paper forms (NOAA Form 370, Bluefin Tuna Catch Document, 
Swordfish Statistical Document, Bigeye Statistical Document, 
Dissostichus Catch Document, and the associated re-export certificates, 
if any), which are currently handled via fax, email, and/or paper 
communication with NMFS. These data elements are set forth in the 
supplemental Customs and Trade Automated Interface Requirements 
(CATAIR) guidelines for NMFS. These technical specifications, including 
the CATAIR chapters can be found at the following link: http://www.cbp.gov/trade/ace/catair.
    Upon commencement of this test, a limited number of ports will be 
accepting PGA Message Set data and DIS documents and forms. A list of 
those ports and the date they become operational is provided on the 
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. CBP may expand to additional ports in the 
future. Test participants and interested parties should consult the 
above-referenced Web site for changes/additions to the list of ports 
where NMFS data and DIS forms and documents may be sent.

IV. The National Marine Fisheries Service Test

    This ITDS test is in furtherance of key CBP ITDS initiatives as 
provided in SAFE Port Act of 2006. The goal is to establish ACE as the 
``single window'' for the Government and trade community by automating 
and enhancing the interaction between international trade partners, 
CBP, and PGAs by facilitating electronic collection, processing, 
sharing, and review of trade data and documents required by Federal 
agencies during the cargo import and export process. Processing trade 
data through ITDS and ACE will significantly increase efficiency and 
reduce costs over the manual, paper-based interactions that are 
currently in place. The PGA Message Set and DIS will improve

[[Page 32095]]

communication between NMFS and entry filers regarding imports and, for 
eligible entries, will allow test participants to submit the required 
data once rather than submitting data separately to CBP and NMFS, 
resulting in quicker processing. During this test, participants will 
collaborate with CBP and NMFS to examine the effectiveness of the 
``single window'' capability.
    NMFS programmatic requirements are separated into three different 
programs: the Highly Migratory Species (HMS) Program which includes 
various tunas and swordfish, the Antarctic Marine Living Resources 
(AMLR) program which covers fresh and frozen toothfish (Dissostichus 
species), and the NOAA Tuna Tracking and Verification Program (NOAA 
Form 370) which covers a variety of canned, frozen, pouched and other 
processed tuna but not fresh tuna. Under this test, NMFS required data 
will be transmitted electronically through ACE utilizing the PGA 
Message Set and DIS for any merchandise or combination thereof covered 
by any of these programs.
    For approved participants, the pilot test may include all modes of 
transport at the selected port(s), and all commodities regulated under 
the three NMFS import monitoring programs when imported at one of the 
selected ports. The import filing process for the NMFS will require the 
submission of specifically designated data/information. Both the 
designated Partner Government Agency (PGA) Message Set and the Document 
Imaging System (DIS) will be utilized to collect the specified 
information that is required by NMFS.
    The PGA Message Set data will be submitted to the CBP Automated 
Commercial Environment (ACE) system through the use of ABI at the time 
of the filing in addition to the CBP required import Entry or Entry 
Summary data. Scanned copies of specific documents required will be 
submitted at the time of filing to the CBP DIS, either through 
uploading the file copies to the ABI system or by sending them to the 
DIS as email attachments.
    Examples of the kind of data that will be submitted as part of the 
PGA Message set are; the importer's permit number, a code for the ocean 
area of the harvest, a code for the type of gear used to harvest the 
fish or the code providing the country of registry for the fishing 
vessel that harvested the product. Examples of the types of scanned 
images that will be submitted to the DIS are; the international 
statistical documents pertaining to the harvest, re-export documents 
for product imported and re-exported from another country before 
shipment to the United States, or other specific and required catch/
harvest documentation pertaining to the product being imported.
    For information regarding merchandise regulated by NMFS and data, 
information, forms and documents required by NMFS, see the 
implementation guidelines for the NMFS at: http://www.cbp.gov/sites/default/files/documents/NMFS%20PGA%20Message%20Set%20Guidlines.pdf.

V. Test Participation Criteria and Participation Procedure

    Any party seeking to participate in this test must provide CBP, in 
their request to participate, their filer code and the port(s) at which 
they are interested in filing the appropriate PGA Message Set and DIS 
information. Requests to participate in this test will be accepted 
throughout the duration of the test. To be eligible to apply for this 
pilot, the applicant must be a self-filing importer who has the ability 
to file ACE Entry Summaries certified for cargo release and ACE cargo 
release or a broker who has the ability to file ACE Entry Summaries 
certified for cargo release and ACE cargo release; and the applicant 
files entries for NMFS commodities that are the subject of this test. 
All PGA Message Set participants are required to use a software program 
that has completed ACE certification testing for the PGA Message Set. 
At this time, PGA Message Set data and DIS submissions may be submitted 
only for ``01'', and ``11'' type entries filed at certain ports. CBP 
plans on expanding to include Type ``02'' entries in the near future. 
Test participants should contact their client representative regarding 
the expansion to additional entry types (See ADDRESSES). A current 
listing of the participating ports and the date each port becomes 
operational for the test may be found on the designated Web site (See 
DATES).

VI. Anticipated Process Changes

    The current paper process for the NMFS-NOAA 370 Program, Highly 
Migratory Species (HMS) Program and the Antarctic Marine Living 
Resources (AMLR) Program will be replaced by a the submittal of data 
and scanned document images through a combination of the PGA Message 
Set and DIS. This test covers communication and coordination among the 
agencies and the filers for the importation of these fisheries 
products. The agencies will also be testing new operational processes 
in real time with actual ACE filings in the production environment that 
include test messages of errors in filing and release status updates to 
the port and to the filer. Entry data submissions will be subject to 
validation edits and any applicable PGA business rules programmed into 
ACE. Once entry data has cleared the initial stage of validation edits 
and PGA business rules, the filer will receive messages, automatically 
generated or manually initiated by NMFS, thus keeping the filer 
informed as to the status of the shipment from the time of entry data 
submission until the time of release. Once all of the PGAs have 
concluded their review of the shipment and have unset any remaining 
holds, CBP will send a one U.S. Government release message to the filer 
to indicate that the filer has fulfilled all U.S. Government filing 
requirements for the shipment.

VII. Confidentiality

    All data submitted and entered into ACE is subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to 
the extent as otherwise provided by law. As stated in previous notices, 
participation in this or any of the previous ACE tests is not 
confidential and upon a written Freedom of Information Act (FOIA) 
request, a name(s) of an approved participant(s) will be disclosed by 
CBP in accordance with 5 U.S.C. 552.

    Authority:  19 U.S.C. 1411.

    Dated: June 2, 2015.
John Henderschedt,
Director, Office for International Affairs and Seafood Inspection, 
National Marine Fisheries Service.
[FR Doc. 2015-13767 Filed 6-4-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                                   32093

                                                    Preliminary Rescission of Kaihua                        final rescission of the new shipper                       Dated: May 29, 2015.
                                                       For the reasons detailed in the                      review, Kaihua’s entries will be assessed               Paul Piquado,
                                                    Preliminary Decision Memorandum, the                    at the rate entered.8 If we do not proceed              Assistant Secretary for Enforcement and
                                                    Department preliminarily finds that                     to a final rescission of the new shipper                Compliance.
                                                    Kaihua’s sale under review is not bona                  review, pursuant to 19 CFR
                                                                                                            351.212(b)(1), we will calculate                        List of Topics Discussed in the Preliminary
                                                    fide, and therefore, does not provide a                                                                         Decision Memorandum
                                                    reasonable or reliable basis for                        importer-specific assessment rates. We
                                                    calculating a dumping margin. The                       will instruct CBP to assess antidumping                 I. Summary
                                                                                                            duties on all appropriate entries covered               II. Background
                                                    Department reached this conclusion                                                                              III. Scope of the Order
                                                    based on the totality of the                            by this review if any importer-specific
                                                                                                            assessment rate calculated in the final                 IV. Discussion of the Methodology
                                                    circumstances, including: (a) The                                                                               V. Recommendation
                                                    atypical nature of Kaihua’s price; (b)                  results of this review is above de
                                                                                                            minimis.9                                               [FR Doc. 2015–13805 Filed 6–4–15; 8:45 am]
                                                    Kaihua’s failure to demonstrate that it
                                                    received payment for the sale; and (c)                     Although the Department intends to                   BILLING CODE 3510–DS–P

                                                    the atypical circumstances surrounding                  rescind the new shipper review for
                                                    the sale. As result, the Department is                  Kaihua, the Department is currently
                                                                                                            conducting an administrative review for                 DEPARTMENT OF COMMERCE
                                                    preliminarily rescinding the new
                                                    shipper review of Kaihua.                               the POR November 1, 2013, through
                                                                                                            October 31, 2014, which could include                   National Oceanic and Atmospheric
                                                    Disclosure and Public Comment                           the entries subject to this new shipper                 Administration
                                                       The Department will disclose the                     review. Accordingly, we will instruct                   RIN 0648–XD947
                                                    analysis performed for these                            CBP to continue to suspend entries
                                                    preliminary results to the parties within               during the period November 1, 2013,                     International Trade Data System Test
                                                    five days of the date of publication of                 through October 31, 2014, of subject                    Concerning the Electronic Submission
                                                    this notice in accordance with 19 CFR                   merchandise exported by Kaihua until                    of Certain Data Required for Imports
                                                    351.224(b). Interested parties may                      CBP receives instructions relating to the               AGENCY:  National Marine Fisheries
                                                    submit written comments by no later                     administrative review covering the                      Service (NMFS), National Oceanic and
                                                    than 30 days after the date of                          period November 1, 2013, through                        Atmospheric Administration (NOAA),
                                                    publication of these preliminary results                October 31, 2014.                                       Commerce.
                                                    of review.4 Rebuttals, limited to issues                Cash Deposit Requirements                               ACTION: Notice; request for comments.
                                                    raised in the written comments, may be
                                                    filed by no later than five days after the                 Effective upon publication of the final
                                                                                                                                                                    SUMMARY:    NMFS announces a pilot test
                                                    written comments are filed.5                            rescission or the final results of this
                                                                                                                                                                    of the International Trade Data System
                                                       Any interested party may request a                   NSR, we will instruct CBP to
                                                                                                                                                                    (ITDS) involving the electronic
                                                    hearing within 30 days of publication of                discontinue the option of posting a bond
                                                                                                                                                                    submission of forms and/or data, related
                                                    this notice.6 Hearing requests should                   or security in lieu of a cash deposit for
                                                                                                                                                                    to importations of fish products
                                                    contain the following information: (1)                  entries of subject merchandise by
                                                                                                                                                                    regulated by NMFS, using the Partner
                                                    The party’s name, address, and                          Kaihua. If the Department proceeds to a
                                                                                                                                                                    Government Agency (PGA) Message Set
                                                    telephone number; (2) the number of                     final rescission of the new shipper
                                                                                                                                                                    and Document Imaging System (DIS)
                                                    participants; and (3) a list of the issues              review, the cash deposit rate will
                                                                                                                                                                    components of the Automated
                                                    to be discussed. Oral presentations will                continue to be the PRC-wide rate. If we
                                                                                                                                                                    Commercial Environment (ACE). The
                                                    be limited to issues raised in the briefs.              issue final results of the new shipper
                                                                                                                                                                    U.S. Customs and Border Protection
                                                    If a request for a hearing is made, parties             review for Kaihua, we will instruct CBP
                                                                                                                                                                    (CBP) and NMFS have developed a pilot
                                                    will be notified of the time and date for               to collect cash deposits, effective upon
                                                                                                                                                                    plan to test and assess the electronic
                                                    the hearing to be held at the U.S.                      the publication of the final results, at
                                                                                                                                                                    transmission of import data for tuna,
                                                    Department of Commerce, 1401                            the rates established therein.
                                                                                                                                                                    swordfish and toothfish.
                                                    Constitution Avenue NW., Washington,                    Notification to Importers                                  The pilot test will involve using the
                                                    DC 20230.7                                                                                                      ACE, the NMFS PGA Message Set, the
                                                       The Department intends to issue the                    This notice also serves as a
                                                                                                            preliminary reminder to importers of                    DIS and the Automated Broker Interface
                                                    final results of this new shipper review,                                                                       (ABI) to transmit the data required for
                                                    which will include the results of its                   their responsibility under 19 CFR
                                                                                                            351.402(f)(2) to file a certificate                     admissibility determinations for entries
                                                    analysis of issues raised in any such                                                                           of tuna, swordfish and toothfish. ABI is
                                                    comments, within 90 days of                             regarding the reimbursement of
                                                                                                            antidumping duties prior to liquidation                 the electronic data interchange that
                                                    publication of these preliminary results,                                                                       enables participants to file
                                                    pursuant to section 751(a)(2)(B)(iv) of                 of the relevant entries during this
                                                                                                            review period. Failure to comply with                   electronically required import data with
                                                    the Act.                                                                                                        CBP and transfers that data into ACE.
                                                                                                            this requirement could result in the
                                                    Assessment Rates                                        Department’s presumption that                           Initially, under this test, NMFS PGA
                                                                                                            reimbursement of antidumping duties                     Message Set data may be submitted only
                                                      Upon completion of the final results,
                                                                                                            occurred and the subsequent assessment                  for formal and informal consumption
                                                    pursuant to 19 CFR 351.212(b), the
                                                                                                                                                                    entries (entry types 01 and 11), filed at
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Department will determine, and the U.S.                 of double antidumping duties.
                                                                                                              The Department is issuing and                         certain ports.
                                                    Customs and Border Protection (CBP)
                                                    shall assess, antidumping duties on all                 publishing these results in accordance                  DATES: The test will commence after
                                                    appropriate entries. If we proceed to a                 with sections 751(a)(2)(B) and 777(i)(1)                July 1, 2015 and will continue until
                                                                                                            of the Act and 19 CFR 351.214 and                       concluded by publication of a notice in
                                                      4 See 19 CFR 351.309(c).                              351.221(b)(4).                                          the Federal Register ending the test.
                                                      5 See 19 CFR 351.309(d).                                                                                      Participants should consult the
                                                      6 See 19 CFR 351.310(c).                                8 See   19 CFR 351.212(c).                            following Web site to determine which
                                                      7 See 19 CFR 351.310(d).                                9 See   19 CFR 351.106(c)(2).                         ports are operational for the test and the


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                                                    32094                            Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    date that they become operational:                         CBP’s modernization efforts are                     copies of NMFS forms and documents
                                                    http://www.cbp.gov/document/                            accomplished through phased releases                   through the DIS. For information
                                                    guidance/list-aceitds-pga-message-set-                  of ACE component functionality                         regarding the use of DIS, and for a list
                                                    pilot-ports. Comments will be accepted                  designed to replace a specific legacy                  of PGA forms and documents which
                                                    through the duration of the test.                       ACS function. Each release will begin                  may be transmitted to ACE using DIS,
                                                    ADDRESSES: To submit comments                           with a test and will end with mandatory                please see http://www.cbp.gov/trade/
                                                    concerning this test program, send an                   use of the new ACE feature, thus retiring              ace/features. At this time, ACE is
                                                    email to Josephine Baiamonte                            the legacy ACS function. Each release                  prepared to accept certain PGA data
                                                    (Josephine.Baiamonte@dhs.gov),                          builds on previous releases and sets the               elements for NMFS for type ‘‘01’’
                                                    Director, Business Transformation, ACE                  foundation for subsequent releases. ABI                (consumption) and type ‘‘11’’ (informal)
                                                    Business Office (ABO), Office of                        allows participants to electronically file             commercial entries filed at specified
                                                    International Trade. In the subject line                required import data with CBP and                      ports. CBP plans on expanding to
                                                    of an email, please use, ‘‘Comment on                   transfers that data into ACE.                          include Type ‘‘02’’ (quota) entries in the
                                                    PGA Message Set Test FRN’’.                                                                                    near future.
                                                                                                            II. International Trade Data System                       The PGA data elements comprising
                                                       Any party seeking to participate in the
                                                    PGA Message Set test should contact                        This test is in furtherance of the ITDS,            the test are generally those found in the
                                                    their client representative. Interested                 which is statutorily authorized by                     current paper forms (NOAA Form 370,
                                                    parties without an assigned client                      section 405 of the Security and                        Bluefin Tuna Catch Document,
                                                    representative should submit an email                   Accountability for Every (SAFE) Port                   Swordfish Statistical Document, Bigeye
                                                    to Steven Zaccaro at steven.j.zaccaro@                  Act of 2006, Public Law 109–347. The                   Statistical Document, Dissostichus
                                                    cbp.dhs.gov with the subject heading                    purpose of ITDS, as defined by section                 Catch Document, and the associated re-
                                                    ‘‘PGA Message Set Test FRN-Request to                   4 of the SAFE Port Act of 2006, is to                  export certificates, if any), which are
                                                    Participate’’.                                          eliminate redundant information filing                 currently handled via fax, email, and/or
                                                    FOR FURTHER INFORMATION CONTACT: For                    requirements, efficiently regulate the                 paper communication with NMFS.
                                                    technical questions related to the                      flow of commerce, and effectively                      These data elements are set forth in the
                                                    Automated Commercial Environment                        enforce laws and regulations relating to               supplemental Customs and Trade
                                                    (ACE) or ABI transmissions, contact                     international trade, by establishing a                 Automated Interface Requirements
                                                    your assigned client representative.                    single portal system, operated by CBP,                 (CATAIR) guidelines for NMFS. These
                                                    Interested parties without an assigned                  for the collection and distribution of                 technical specifications, including the
                                                    client representative should direct their               standard electronic import and export                  CATAIR chapters can be found at the
                                                    questions to Steven Zaccaro at                          data required by all participating                     following link: http://www.cbp.gov/
                                                    steven.j.zaccaro@cbp.dhs.gov. For PGA                   Federal agencies.                                      trade/ace/catair.
                                                    related questions, contact Emi Wallace                                                                            Upon commencement of this test, a
                                                                                                            III. Partner Government Agency Message
                                                    (CBP) at mailto:emi.r.wallace@                                                                                 limited number of ports will be
                                                                                                            Set
                                                    cbp.dhs.gov and for NMFS related                                                                               accepting PGA Message Set data and
                                                                                                               The PGA Message Set is the data                     DIS documents and forms. A list of
                                                    questions contact Dale Jones (NMFS) at
                                                                                                            needed to satisfy the PGA reporting                    those ports and the date they become
                                                    dale.jones@noaa.gov.
                                                                                                            requirements. For purposes of this test,               operational is provided on the following
                                                    SUPPLEMENTARY INFORMATION:                              the affected PGA is the NMFS. ACE                      Web site: http://www.cbp.gov/
                                                    Background                                              enables the message set by acting as the               document/guidance/list-aceitds-pga-
                                                                                                            ‘‘single window’’ for the submission of                message-set-pilot-ports. CBP may
                                                    I. The National Customs Automation                      trade-related data required by the PGAs                expand to additional ports in the future.
                                                    Program (NCAP)                                          only once to CBP. This data must be                    Test participants and interested parties
                                                       NCAP was established in Subtitle B of                submitted at any time prior to the                     should consult the above-referenced
                                                    Title VI—Customs Modernization, in                      arrival of the merchandise on the                      Web site for changes/additions to the
                                                    the North American Free Trade                           conveyance transporting the cargo to the               list of ports where NMFS data and DIS
                                                    Agreement Implementation Act (Pub. L.                   United States as part of an ACE Entry/                 forms and documents may be sent.
                                                    103–182, 107 Stat. 2057, 2170,                          Cargo Release or Entry Summary. The
                                                    December 8, 1993) (Customs                              data will be validated and made                        IV. The National Marine Fisheries
                                                    Modernization Act). See 19 U.S.C. 1411.                 available to the relevant PGAs involved                Service Test
                                                    Through NCAP, the initial thrust of                     in import, export, and transportation-                    This ITDS test is in furtherance of key
                                                    customs modernization was on trade                      related decision making. The data will                 CBP ITDS initiatives as provided in
                                                    compliance and the development of                       be used to fulfill merchandise entry and               SAFE Port Act of 2006. The goal is to
                                                    ACE, the planned successor to the                       entry summary requirements and will                    establish ACE as the ‘‘single window’’
                                                    Automated Commercial System (ACS).                      allow for earlier release decisions and                for the Government and trade
                                                    ACE is an automated and electronic                      more certainty for the importer in                     community by automating and
                                                    system for commercial trade processing                  determining the logistics of cargo                     enhancing the interaction between
                                                    which is intended to streamline                         delivery. Also, by virtue of being                     international trade partners, CBP, and
                                                    business processes, facilitate growth in                electronic, the PGA Message Set will                   PGAs by facilitating electronic
                                                    trade, ensure cargo security, and foster                eliminate the necessity for the                        collection, processing, sharing, and
                                                    participation in global commerce, while                 submission and subsequent handling of                  review of trade data and documents
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                                                    ensuring compliance with U.S. laws and                  paper documents. All PGA Message Set                   required by Federal agencies during the
                                                    regulations and reducing costs for CBP                  participants are required to use a                     cargo import and export process.
                                                    and all of its communities of interest.                 software program that has completed                    Processing trade data through ITDS and
                                                    The ability to meet these objectives                    ACE certification testing for the PGA                  ACE will significantly increase
                                                    depends on successfully modernizing                     Message Set.                                           efficiency and reduce costs over the
                                                    CBP’s business functions and the                           Alternatively, test participants may                manual, paper-based interactions that
                                                    information technology that supports                    transmit required PGA data using the                   are currently in place. The PGA Message
                                                    those functions.                                        DIS as ACE is ready to receive imaged                  Set and DIS will improve


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                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                                  32095

                                                    communication between NMFS and                          before shipment to the United States, or               of errors in filing and release status
                                                    entry filers regarding imports and, for                 other specific and required catch/                     updates to the port and to the filer.
                                                    eligible entries, will allow test                       harvest documentation pertaining to the                Entry data submissions will be subject
                                                    participants to submit the required data                product being imported.                                to validation edits and any applicable
                                                    once rather than submitting data                          For information regarding                            PGA business rules programmed into
                                                    separately to CBP and NMFS, resulting                   merchandise regulated by NMFS and                      ACE. Once entry data has cleared the
                                                    in quicker processing. During this test,                data, information, forms and documents                 initial stage of validation edits and PGA
                                                    participants will collaborate with CBP                  required by NMFS, see the                              business rules, the filer will receive
                                                    and NMFS to examine the effectiveness                   implementation guidelines for the                      messages, automatically generated or
                                                    of the ‘‘single window’’ capability.                    NMFS at: http://www.cbp.gov/sites/                     manually initiated by NMFS, thus
                                                       NMFS programmatic requirements are                   default/files/documents/                               keeping the filer informed as to the
                                                    separated into three different programs:                NMFS%20PGA%20                                          status of the shipment from the time of
                                                    the Highly Migratory Species (HMS)                      Message%20Set%20Guidlines.pdf.                         entry data submission until the time of
                                                    Program which includes various tunas                                                                           release. Once all of the PGAs have
                                                                                                            V. Test Participation Criteria and
                                                    and swordfish, the Antarctic Marine                                                                            concluded their review of the shipment
                                                                                                            Participation Procedure
                                                    Living Resources (AMLR) program                                                                                and have unset any remaining holds,
                                                    which covers fresh and frozen toothfish                    Any party seeking to participate in                 CBP will send a one U.S. Government
                                                    (Dissostichus species), and the NOAA                    this test must provide CBP, in their                   release message to the filer to indicate
                                                    Tuna Tracking and Verification Program                  request to participate, their filer code               that the filer has fulfilled all U.S.
                                                    (NOAA Form 370) which covers a                          and the port(s) at which they are                      Government filing requirements for the
                                                    variety of canned, frozen, pouched and                  interested in filing the appropriate PGA               shipment.
                                                    other processed tuna but not fresh tuna.                Message Set and DIS information.
                                                    Under this test, NMFS required data                     Requests to participate in this test will              VII. Confidentiality
                                                    will be transmitted electronically                      be accepted throughout the duration of                   All data submitted and entered into
                                                    through ACE utilizing the PGA Message                   the test. To be eligible to apply for this             ACE is subject to the Trade Secrets Act
                                                    Set and DIS for any merchandise or                      pilot, the applicant must be a self-filing             (18 U.S.C. 1905) and is considered
                                                    combination thereof covered by any of                   importer who has the ability to file ACE               confidential, except to the extent as
                                                    these programs.                                         Entry Summaries certified for cargo                    otherwise provided by law. As stated in
                                                       For approved participants, the pilot                 release and ACE cargo release or a                     previous notices, participation in this or
                                                    test may include all modes of transport                 broker who has the ability to file ACE                 any of the previous ACE tests is not
                                                    at the selected port(s), and all                        Entry Summaries certified for cargo                    confidential and upon a written
                                                    commodities regulated under the three                   release and ACE cargo release; and the                 Freedom of Information Act (FOIA)
                                                    NMFS import monitoring programs                         applicant files entries for NMFS
                                                                                                                                                                   request, a name(s) of an approved
                                                    when imported at one of the selected                    commodities that are the subject of this
                                                                                                                                                                   participant(s) will be disclosed by CBP
                                                    ports. The import filing process for the                test. All PGA Message Set participants
                                                                                                                                                                   in accordance with 5 U.S.C. 552.
                                                    NMFS will require the submission of                     are required to use a software program
                                                    specifically designated data/                           that has completed ACE certification                     Authority: 19 U.S.C. 1411.
                                                    information. Both the designated                        testing for the PGA Message Set. At this                 Dated: June 2, 2015.
                                                    Partner Government Agency (PGA)                         time, PGA Message Set data and DIS                     John Henderschedt,
                                                    Message Set and the Document Imaging                    submissions may be submitted only for                  Director, Office for International Affairs and
                                                    System (DIS) will be utilized to collect                ‘‘01’’, and ‘‘11’’ type entries filed at               Seafood Inspection, National Marine
                                                    the specified information that is                       certain ports. CBP plans on expanding                  Fisheries Service.
                                                    required by NMFS.                                       to include Type ‘‘02’’ entries in the near             [FR Doc. 2015–13767 Filed 6–4–15; 8:45 am]
                                                       The PGA Message Set data will be                     future. Test participants should contact               BILLING CODE 3510–22–P
                                                    submitted to the CBP Automated                          their client representative regarding the
                                                    Commercial Environment (ACE) system                     expansion to additional entry types (See
                                                    through the use of ABI at the time of the               ADDRESSES). A current listing of the                   DEPARTMENT OF COMMERCE
                                                    filing in addition to the CBP required                  participating ports and the date each
                                                    import Entry or Entry Summary data.                     port becomes operational for the test                  National Oceanic and Atmospheric
                                                    Scanned copies of specific documents                    may be found on the designated Web                     Administration
                                                    required will be submitted at the time                  site (See DATES).
                                                                                                                                                                   RIN 0648–XD981
                                                    of filing to the CBP DIS, either through
                                                    uploading the file copies to the ABI                    VI. Anticipated Process Changes
                                                                                                                                                                   Vessel Monitoring System, Enhanced
                                                    system or by sending them to the DIS as                   The current paper process for the
                                                                                                                                                                   Mobile Transceiver Unit Type-
                                                    email attachments.                                      NMFS–NOAA 370 Program, Highly
                                                                                                                                                                   Approvals
                                                       Examples of the kind of data that will               Migratory Species (HMS) Program and
                                                    be submitted as part of the PGA Message                 the Antarctic Marine Living Resources                  AGENCY:  National Marine Fisheries
                                                    set are; the importer’s permit number, a                (AMLR) Program will be replaced by a                   Service (NMFS), National Oceanic and
                                                    code for the ocean area of the harvest,                 the submittal of data and scanned                      Atmospheric Administration (NOAA),
                                                    a code for the type of gear used to                     document images through a                              Commerce.
                                                    harvest the fish or the code providing                  combination of the PGA Message Set
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                                                                                                                                                                   ACTION: Notice.
                                                    the country of registry for the fishing                 and DIS. This test covers
                                                    vessel that harvested the product.                      communication and coordination                         SUMMARY:   This document provides
                                                    Examples of the types of scanned                        among the agencies and the filers for the              notice that three enhanced mobile
                                                    images that will be submitted to the DIS                importation of these fisheries products.               transceiver units (EMTU) that were
                                                    are; the international statistical                      The agencies will also be testing new                  previously approved for use to comply
                                                    documents pertaining to the harvest, re-                operational processes in real time with                with vessel monitoring system (VMS)
                                                    export documents for product imported                   actual ACE filings in the production                   requirements in United States federal
                                                    and re-exported from another country                    environment that include test messages                 fisheries are no longer approved for use.


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Document Created: 2015-12-15 15:20:11
Document Modified: 2015-12-15 15:20:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesThe test will commence after July 1, 2015 and will continue until concluded by publication of a notice in the Federal Register ending the test. Participants should consult the following Web site to determine which ports are operational for the test and the date that they become operational: http://www.cbp.gov/document/ guidance/list-aceitds-pga-message-set-pilot-ports. Comments will be accepted through the duration of the test.
ContactFor technical questions related to the Automated Commercial Environment (ACE) or ABI transmissions, contact your assigned client representative. Interested parties without an assigned client representative should direct their questions to Steven Zaccaro at [email protected] For PGA related questions, contact Emi Wallace (CBP) at mailto:[email protected] and for NMFS related questions contact Dale Jones (NMFS) at [email protected]
FR Citation80 FR 32093 
RIN Number0648-XD94

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