80_FR_47098 80 FR 46947 - International Trade Data System Test Concerning the Electronic Submission Through the Automated Commercial Environment of Notification of Importation of Fruits, Vegetables, and Specialty Crops Required by the Agricultural Marketing Service Using the Partner Government Agency Message Set

80 FR 46947 - International Trade Data System Test Concerning the Electronic Submission Through the Automated Commercial Environment of Notification of Importation of Fruits, Vegetables, and Specialty Crops Required by the Agricultural Marketing Service Using the Partner Government Agency Message Set

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46947-46949
FR Document2015-19326

The Agricultural Marketing Service (AMS) announces a pilot test of the International Trade Data System (ITDS) involving the electronic submission of data related to importations of fruits, vegetables, and specialty crops regulated by AMS, using the Partner Government Agency (PGA) Message Set component of the Automated Commercial Environment (ACE). The submission of this information is required under Sec. 608e (section 8e) of the Agricultural Marketing Agreement Act of 1937. The pilot program will test the electronic transmission of AMS data through the U.S. Customs and Border Protection's (CBP's) Automated Commercial Environment (ACE) program known as the Partner Government Agency (PGA) Message Set. This data will be transmitted for review by AMS' Compliance and Enforcement Management System (CEMS). CBP's PGA Message Set enables importers and brokers to electronically transmit data required by AMS directly to ACE. This electronic process will replace the paper-based process currently used. This notice also invites importers and brokers who are importing commodities subject to section 8e regulations to request participation in this AMS pilot and invites public comment on any aspects of the pilot.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46947-46949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19326]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / 
Notices

[[Page 46947]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-15-0019; FV15-944/980/999-2]


International Trade Data System Test Concerning the Electronic 
Submission Through the Automated Commercial Environment of Notification 
of Importation of Fruits, Vegetables, and Specialty Crops Required by 
the Agricultural Marketing Service Using the Partner Government Agency 
Message Set

AGENCY: Agricultural Marketing Service, USDA.

ACTION: General notice and request for comments.

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

SUMMARY: The Agricultural Marketing Service (AMS) announces a pilot 
test of the International Trade Data System (ITDS) involving the 
electronic submission of data related to importations of fruits, 
vegetables, and specialty crops regulated by AMS, using the Partner 
Government Agency (PGA) Message Set component of the Automated 
Commercial Environment (ACE). The submission of this information is 
required under Sec.  608e (section 8e) of the Agricultural Marketing 
Agreement Act of 1937. The pilot program will test the electronic 
transmission of AMS data through the U.S. Customs and Border 
Protection's (CBP's) Automated Commercial Environment (ACE) program 
known as the Partner Government Agency (PGA) Message Set. This data 
will be transmitted for review by AMS' Compliance and Enforcement 
Management System (CEMS). CBP's PGA Message Set enables importers and 
brokers to electronically transmit data required by AMS directly to 
ACE. This electronic process will replace the paper-based process 
currently used. This notice also invites importers and brokers who are 
importing commodities subject to section 8e regulations to request 
participation in this AMS pilot and invites public comment on any 
aspects of the pilot.

DATES: The test will commence no earlier than July 13, 2015, and will 
continue until concluded by publication of a notice in the Federal 
Register ending the test. Any party seeking to participate in the AMS 
PGA Message Set test should contact their CBP client representative. 
Interested parties without an assigned CBP client representative should 
submit an email to Richard Lower at Richard.Lower@ams.usda.gov with the 
subject heading ``AMS PGA Message Set Test FRN-Request to 
Participate.'' Interested parties may submit comments about the pilot 
at any time as explained in the ADDRESSES section below.

ADDRESSES: Interested parties without an assigned CBP client 
representative should submit an email to Richard Lower at 
Richard.Lower@ams.usda.gov with the subject heading ``AMS PGA Message 
Set Test FRN-Request to Participate.''
    Comments about the pilot should be made to either the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or on the Internet at http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted will be made available to 
the public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and 
Enforcement Specialist, Marketing Order and Agreement Division, Fruit 
and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938; Email: Richard.Lower@ams.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

International Trade Data System (ITDS)

    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.
    The pilot program announced in this notice also supports Executive 
Order 13659, Streamlining the Export/Import Process for America's 
Businesses, signed by President Obama on February 19, 2014, which is a 
key White House economic initiative that has been under development for 
over ten years and is mandated for completion by December 31, 2016. 
Under ITDS, importers and exporters will file commodity and 
transportation data through an electronic ``single window,'' instead of 
completing multiple paper-based forms to report the same information to 
different government agencies. ITDS will greatly reduce the burden on 
America's international trade community while still providing 
information necessary to ensure compliance with U.S. law.
    By the end of 2016, the ITDS ``single window'' will be presented to 
the import and export trade through CBP's Automated Commercial 
Environment (ACE). ACE is an automated and electronic system for 
processing commercial trade data that 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. ACE will be the primary system through 
which the global trade community will file information about imports 
and exports so that admissibility into the United States may be 
determined and government agencies, including AMS, may ensure 
compliance.

[[Page 46948]]

Partner Government Agency Message Set

    The PGA Message Set is the data needed to satisfy the PGA reporting 
requirements. 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 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.
    Further details about the AMS PGA Message Set being tested in this 
pilot program are provided below in the PGA Message Set/ACE Filing 
section.

Compliance and Enforcement Management System (CEMS)

    In support of ITDS and the use of CBP's PGA Message Sets, AMS' 
Marketing Order and Agreement Division (MOAD) is developing a new 
automated system called the Compliance and Enforcement Management 
System (CEMS) that will replace and automate many of the systems MOAD 
has used in the past to ensure compliance with import and export 
regulations. CEMS will electronically link with the CBP ACE platform to 
create a ``pipeline'' through which data will be transmitted between 
CBP and MOAD. In this pilot, ACE will transmit PGA Message Set data to 
AMS via CEMS, which will streamline processes by eliminating the use of 
existing paper-based systems and expediting the conditional release of 
shipments for the purpose of inspection, prior to final release into 
the commerce of the United States.

Inspection Requirements for Imported Commodities

    Section 8e of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674) (AMAA), provides that whenever certain 
commodities are regulated under Federal marketing orders, imports of 
those commodities into the United States are prohibited unless they 
meet the same or comparable grade, size, quality, and/or maturity 
requirements as those in effect for the domestically produced 
commodities. The AMAA also authorizes AMS to perform inspections on 
those imported commodities and certify whether these requirements have 
been met. Parts 944, 980, and 999 of title 7 of the Code of Federal 
Regulations contain the grade, size, quality, and/or maturity 
requirements for fruits, vegetables, and specialty crops that are 
subject to section 8e regulations.
    Prior to the entry of imported commodities that are subject to 
section 8e regulations, as listed on CBP Directive No. 3250-007B, 
importers are required to notify AMS inspection service personnel at 
the port of entry of the arrival of said commodities.

Current Paper-based Notification of Entry (``Stamp and Fax'')

    As noted above, an importer of a commodity listed on CBP Directive 
No. 3250-007B must now present AMS inspection service personnel who are 
stationed at the port of entry with a paper form that notifies AMS of 
the incoming shipment and to request conditional release of the 
shipment from the port for inspection at another location. The paper 
form presented to AMS may be a CBP Form 3461 (Entry/Immediate Release), 
CBP Form 7501 (Entry Summary), or an invoice for the shipment. This 
paper-based process is commonly known in the trade, at CBP, and at AMS 
as the ``stamp and fax'' procedure.
    Upon receipt of the paper form, AMS personnel determine whether an 
inspection is required (there may be situations when an import 
commodity is listed on CBP Directive 3250-007B, but it may be exempt 
from section 8e regulations and inspection; for example, some varieties 
of a commodity are exempt, or the regulations are not in effect during 
certain times of the year).
    If inspection is not required, AMS personnel affix a stamp to the 
paper form indicating that the product is not subject to section 8e 
regulations. When inspection is required, AMS personnel affix a 
different stamp to the paper form, indicating the product is subject to 
section 8e regulations and will require AMS inspection at a location 
other than the port of entry, shortly after CBP conditionally releases 
the shipment. AMS returns the form to the importer via fax, and the 
importer presents the stamped form to CBP.
    Once the shipment arrives at the inspection destination, the 
importer must contact AMS to arrange for inspection of the product, 
which must be certified as meeting section 8e requirements before final 
release into the commerce of the United States.

PGA Message Set/ACE Filing

    Under ITDS, the paper-based ``stamp and fax'' procedure described 
above is being replaced by an electronic process that will enable 
importers to transmit data required by AMS to CBP's ACE system using a 
PGA Message Set. This PGA Message Set contains data elements that 
correspond to information on AMS' form FV-357 (Notification of Entry, 
8e Products and Fresh Fruits, Vegetables, Nuts and Specialty Crops). 
The use of the PGA Message Set will enable importers and brokers to 
enter information required by AMS directly into ACE, and ACE's 
integration with MOAD's CEMS will simplify and expedite the process of 
determining whether regulated products are admissible.
    ACE will analyze the PGA Message Set data entered by an importer or 
broker to determine if inspection of a shipment is required and will 
transmit the data to MOAD's CEMS. For those shipments that will require 
inspection, CEMS will automatically provide shipment information via 
email to the appropriate AMS inspection office. The data in ACE will 
also enable CBP to make the determination that a shipment may be 
conditionally released for inspection.
    Once a shipment has arrived at the location where inspection will 
occur, the importer will contact the AMS inspection office to finalize 
arrangements for inspection.

Pilot Program Details

    AMS will initially conduct the pilot at certain ports of entry. 
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.
    This initial pilot may also be expanded to include additional AMS 
PGA Message Sets, some of which have Document Imaging System (DIS) 
components. DIS allows participants to transmit required PGA data to 
ACE through the use of electronic copies of AMS forms. For information 
regarding the use of DIS and a list of PGA forms and documents that may 
be transmitted to ACE using DIS, please see http://www.cbp.gov/trade/ace/features.

[[Page 46949]]

    Importers and brokers who participate in this pilot will transmit 
PGA Message Set data to ACE using the electronic data interchange known 
as the Automated Broker Interface, or ABI. The AMS data is required to 
determine whether inspection of the shipment is required, to send an 
email notification to AMS inspection offices about those shipments that 
will require inspection, and to provide CBP with information to 
determine whether to conditionally release the merchandise. The 
transmission of this PGA Message Set data will be done in lieu of 
importers and brokers filing CBP Forms 3461 and 7501 or a shipment 
invoice to AMS inspection service personnel at the port of entry prior 
to the arrival of shipments. AMS anticipates that this pilot program 
will help prepare for a successful transition from the paper-based 
``stamp and fax'' process to the electronic entry and transmission of 
data to ACE/CEMS.
    The data elements in the PGA Message Set are generally those found 
on the AMS Specialty Crops Inspection (SCI) Division form FV-357 
(Notification of Entry, 8e Products and Fresh Fruits, Vegetables, Nuts 
and Specialty Crops). These data elements are set forth in the Customs 
and Trade Automated Interface Requirements (CATAIR) guidelines for AMS, 
which can be found at the following Internet link: http://www.cbp.gov/sites/default/files/documents/AMS%20CATAIR%20Guidelines%20MARCH%202015.pdf.

Pilot Program Participant Responsibilities

    Importers and brokers who participate in this PGA Message Set pilot 
will be required to:
     File, when applicable, data elements contained in AMS form 
FV-357 for fruits, vegetables, and specialty crops listed in CBP 
Directive No. 3250-0078 and regulated under section 8e of the AMAA. All 
modes of transportation will be included in this pilot;
     Include PGA Message Set import filings only as part of an 
ACE Entry Summary certified for cargo release;
     Use a software program that has completed ACE 
certification testing for the PGA Message Set;
     Transmit import filings to CBP via ACE in response to a 
request for documentation or in response to a request for release 
information for certified ACE Entry Summaries; and
     Only transmit information to CBP that has been requested 
by CBP or AMS.

Waiver of Requirements and Regulation Under the Pilot Program

    For purposes of this pilot program, requirements under CBP 
Directive No. 3250-007B, Section 5.2 (``Stamp and Fax procedure''), 
will be waived for participants only insofar as eliminating the 
requirement to present paper CBP Forms 3461 or 7501 or invoices and 
instead requiring the electronic submission of data elements generally 
contained in AMS form FV-357.
    This notice does not waive any other requirements under CBP 
Directive No. 3250-007B nor does it waive any requirements under 
section 8e of the AMAA (7 U.S.C. 601-674, Sec.  608e) or under parts 
944, 980, and 999 of title 7 of the Code of Federal Regulations (7 CFR 
944, 7 CFR 980, and 7 CFR 999), which contain the section 8e import 
regulations for fruits, vegetables, and specialty crops, respectively.

Misconduct Under the Test

    A test participant may be subject to fines, civil penalties, and/or 
administrative sanctions as provided under the AMAA and/or may be 
removed from participation in the pilot for failing to follow the terms 
and conditions of this pilot or for failing to abide by applicable laws 
and regulations that have not been waived by this notice.

Pilot Program Participant Eligibility and Application

    AMS is initiating the pilot at certain ports as indicated on the 
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. AMS may expand the pilot to include other 
U.S. ports and, therefore, invites importers and brokers at any U.S. 
port to request to participate in the pilot. To be eligible to apply 
for and participate in the pilot, an applicant must:
     Be a self-filing importer or broker who has the ability to 
file ACE Entry Summaries certified for cargo release; and
     File entries for AMS commodities that are the subject of 
this pilot.
    Any party seeking to participate in the AMS PGA Message Set test 
should contact their CBP client representative. Interested parties 
without an assigned CBP client representative should submit an email to 
Richard Lower at Richard.Lower@ams.usda.gov with the subject heading 
``AMS PGA Message Set Test FRN--Request to Participate.''
    AMS will accept and consider requests to participate in the pilot 
starting on the date of this publication and will accept requests to 
participate for the duration of the test. AMS will notify the selected 
parties by email of their selection and the starting date of their 
participation (selected participants may have different starting 
dates). Any applicant who provides incomplete information or otherwise 
does not meet participation requirements will be notified by email and 
given an opportunity to resubmit a request to participate.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the PGA Message Set data that will be collected in this 
pilot has been previously submitted by AMS for OMB approval as a new 
information collection under OMB No. 0581-NEW. The new information 
collection (FV-NEW, ``Notification of Entry, 8e Products and Fresh 
Fruits, Vegetables, Nuts and Specialty Crops'') contains data elements 
that will be collected by CBP in ACE through the use of the PGA Message 
Set being tested in this pilot. The use of the PGA Message Set will 
enable importers and brokers to enter information required by AMS 
directly into ACE, and ACE's integration with MOAD's CEMS will simplify 
and expedite the process of conditionally releasing shipments for 
inspection. Upon approval of this new information collection by OMB, a 
request will be made to merge the new form with the forms currently 
approved for use under OMB No. 0581-0125, ``Regulations Governing 
Inspection Certification of Fresh and Processed Fruits, Vegetables, and 
Other Products.''
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

    Dated:
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-19326 Filed 8-5-15; 8:45 am]
BILLING CODE P



                                                                                                                                                                                               46947

                                              Notices                                                                                                       Federal Register
                                                                                                                                                            Vol. 80, No. 151

                                                                                                                                                            Thursday, August 6, 2015



                                              This section of the FEDERAL REGISTER                    subject to section 8e regulations to                  Background
                                              contains documents other than rules or                  request participation in this AMS pilot
                                              proposed rules that are applicable to the                                                                     International Trade Data System (ITDS)
                                                                                                      and invites public comment on any
                                              public. Notices of hearings and investigations,         aspects of the pilot.                                    This test is in furtherance of the ITDS,
                                              committee meetings, agency decisions and                                                                      which is statutorily authorized by
                                              rulings, delegations of authority, filing of            DATES: The test will commence no
                                                                                                      earlier than July 13, 2015, and will                  section 405 of the Security and
                                              petitions and applications and agency
                                              statements of organization and functions are            continue until concluded by publication               Accountability for Every (SAFE) Port
                                              examples of documents appearing in this                 of a notice in the Federal Register                   Act of 2006, Public Law 109–347. The
                                              section.                                                ending the test. Any party seeking to                 purpose of ITDS, as defined by section
                                                                                                      participate in the AMS PGA Message                    4 of the SAFE Port Act of 2006, is to
                                                                                                      Set test should contact their CBP client              eliminate redundant information filing
                                              DEPARTMENT OF AGRICULTURE                               representative. Interested parties                    requirements, efficiently regulate the
                                                                                                      without an assigned CBP client                        flow of commerce, and effectively
                                              Agricultural Marketing Service                          representative should submit an email                 enforce laws and regulations relating to
                                              [Doc. No. AMS–FV–15–0019; FV15–944/980/                 to Richard Lower at Richard.Lower@                    international trade, by establishing a
                                              999–2]                                                  ams.usda.gov with the subject heading                 single portal system, operated by CBP,
                                                                                                      ‘‘AMS PGA Message Set Test FRN-                       for the collection and distribution of
                                              International Trade Data System Test                    Request to Participate.’’ Interested                  standard electronic import and export
                                              Concerning the Electronic Submission                    parties may submit comments about the                 data required by all participating
                                              Through the Automated Commercial                        pilot at any time as explained in the                 Federal agencies.
                                              Environment of Notification of                          ADDRESSES section below.                                 The pilot program announced in this
                                              Importation of Fruits, Vegetables, and                                                                        notice also supports Executive Order
                                                                                                      ADDRESSES: Interested parties without
                                              Specialty Crops Required by the                                                                               13659, Streamlining the Export/Import
                                              Agricultural Marketing Service Using                    an assigned CBP client representative
                                                                                                      should submit an email to Richard                     Process for America’s Businesses,
                                              the Partner Government Agency                                                                                 signed by President Obama on February
                                              Message Set                                             Lower at Richard.Lower@ams.usda.gov
                                                                                                      with the subject heading ‘‘AMS PGA                    19, 2014, which is a key White House
                                              AGENCY: Agricultural Marketing Service,                 Message Set Test FRN-Request to                       economic initiative that has been under
                                              USDA.                                                   Participate.’’                                        development for over ten years and is
                                                                                                         Comments about the pilot should be                 mandated for completion by December
                                              ACTION: General notice and request for
                                                                                                      made to either the Docket Clerk,                      31, 2016. Under ITDS, importers and
                                              comments.
                                                                                                      Marketing Order and Agreement                         exporters will file commodity and
                                              SUMMARY:   The Agricultural Marketing                   Division, Fruit and Vegetable Program,                transportation data through an
                                              Service (AMS) announces a pilot test of                 AMS, USDA, 1400 Independence                          electronic ‘‘single window,’’ instead of
                                              the International Trade Data System                     Avenue SW., STOP 0237, Washington,                    completing multiple paper-based forms
                                              (ITDS) involving the electronic                         DC 20250–0237; Fax: (202) 720–8938; or                to report the same information to
                                              submission of data related to                           on the Internet at http://                            different government agencies. ITDS
                                              importations of fruits, vegetables, and                 www.regulations.gov. All comments                     will greatly reduce the burden on
                                              specialty crops regulated by AMS, using                 should reference the document number                  America’s international trade
                                              the Partner Government Agency (PGA)                     and the date and page number of this                  community while still providing
                                              Message Set component of the                            issue of the Federal Register and will be             information necessary to ensure
                                              Automated Commercial Environment                        made available for public inspection in               compliance with U.S. law.
                                              (ACE). The submission of this                           the Office of the Docket Clerk during                    By the end of 2016, the ITDS ‘‘single
                                              information is required under § 608e                    regular business hours, or can be viewed              window’’ will be presented to the
                                              (section 8e) of the Agricultural                        at: http://www.regulations.gov. All                   import and export trade through CBP’s
                                              Marketing Agreement Act of 1937. The                    comments submitted will be made                       Automated Commercial Environment
                                              pilot program will test the electronic                  available to the public. Please be                    (ACE). ACE is an automated and
                                              transmission of AMS data through the                    advised that the identity of the                      electronic system for processing
                                              U.S. Customs and Border Protection’s                    individuals or entities submitting the                commercial trade data that is intended
                                              (CBP’s) Automated Commercial                            comments will be made public on the                   to streamline business processes,
                                              Environment (ACE) program known as                      Internet at the address provided above.               facilitate growth in trade, ensure cargo
                                              the Partner Government Agency (PGA)                                                                           security, and foster participation in
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              Message Set. This data will be                                                                                global commerce, while ensuring
                                              transmitted for review by AMS’                          Richard Lower, Senior Compliance and                  compliance with U.S. laws and
                                              Compliance and Enforcement                              Enforcement Specialist, Marketing                     regulations and reducing costs for CBP
                                              Management System (CEMS). CBP’s                         Order and Agreement Division, Fruit                   and all of its communities of interest.
                                                                                                      and Vegetable Program, AMS, USDA,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              PGA Message Set enables importers and                                                                         ACE will be the primary system through
                                              brokers to electronically transmit data                 1400 Independence Avenue SW., STOP                    which the global trade community will
                                              required by AMS directly to ACE. This                   0237, Washington, DC 20250–0237;                      file information about imports and
                                              electronic process will replace the                     Telephone: (202) 720–2491, Fax: (202)                 exports so that admissibility into the
                                              paper-based process currently used.                     720–8938; Email: Richard.Lower@                       United States may be determined and
                                              This notice also invites importers and                  ams.usda.gov.                                         government agencies, including AMS,
                                              brokers who are importing commodities                   SUPPLEMENTARY INFORMATION:                            may ensure compliance.


                                         VerDate Sep<11>2014   17:50 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\06AUN1.SGM   06AUN1


                                              46948                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              Partner Government Agency Message                       commodities are regulated under                         Once the shipment arrives at the
                                              Set                                                     Federal marketing orders, imports of                  inspection destination, the importer
                                                 The PGA Message Set is the data                      those commodities into the United                     must contact AMS to arrange for
                                              needed to satisfy the PGA reporting                     States are prohibited unless they meet                inspection of the product, which must
                                              requirements. ACE enables the message                   the same or comparable grade, size,                   be certified as meeting section 8e
                                              set by acting as the ‘‘single window’’ for              quality, and/or maturity requirements as              requirements before final release into
                                              the submission of trade-related data                    those in effect for the domestically                  the commerce of the United States.
                                              required by the PGAs only once to CBP.                  produced commodities. The AMAA also
                                                                                                                                                            PGA Message Set/ACE Filing
                                              This data must be submitted prior to the                authorizes AMS to perform inspections
                                              arrival of the merchandise on the                       on those imported commodities and                       Under ITDS, the paper-based ‘‘stamp
                                              conveyance transporting the cargo to the                certify whether these requirements have               and fax’’ procedure described above is
                                              United States as part of an ACE Entry/                  been met. Parts 944, 980, and 999 of title            being replaced by an electronic process
                                              Cargo Release or Entry Summary. The                     7 of the Code of Federal Regulations                  that will enable importers to transmit
                                              data will be validated and made                         contain the grade, size, quality, and/or              data required by AMS to CBP’s ACE
                                              available to the relevant PGAs involved                 maturity requirements for fruits,                     system using a PGA Message Set. This
                                              in import, export, and transportation-                  vegetables, and specialty crops that are              PGA Message Set contains data
                                              related decision making. The data will                  subject to section 8e regulations.                    elements that correspond to information
                                              be used to fulfill merchandise entry and                  Prior to the entry of imported                      on AMS’ form FV–357 (Notification of
                                              entry summary requirements and will                     commodities that are subject to section               Entry, 8e Products and Fresh Fruits,
                                              allow for earlier release decisions and                 8e regulations, as listed on CBP                      Vegetables, Nuts and Specialty Crops).
                                              more certainty for the importer in                      Directive No. 3250–007B, importers are                The use of the PGA Message Set will
                                              determining the logistics of cargo                      required to notify AMS inspection                     enable importers and brokers to enter
                                              delivery. Also, by virtue of being                      service personnel at the port of entry of             information required by AMS directly
                                              electronic, the PGA Message Set will                    the arrival of said commodities.                      into ACE, and ACE’s integration with
                                              eliminate the necessity for the                                                                               MOAD’s CEMS will simplify and
                                                                                                      Current Paper-based Notification of                   expedite the process of determining
                                              submission and subsequent handling of                   Entry (‘‘Stamp and Fax’’)
                                              paper documents. All PGA Message Set                                                                          whether regulated products are
                                              participants are required to use a                         As noted above, an importer of a                   admissible.
                                              software program that has completed                     commodity listed on CBP Directive No.                   ACE will analyze the PGA Message
                                              ACE certification testing for the PGA                   3250–007B must now present AMS                        Set data entered by an importer or
                                              Message Set.                                            inspection service personnel who are                  broker to determine if inspection of a
                                                 Further details about the AMS PGA                    stationed at the port of entry with a                 shipment is required and will transmit
                                              Message Set being tested in this pilot                  paper form that notifies AMS of the                   the data to MOAD’s CEMS. For those
                                              program are provided below in the PGA                   incoming shipment and to request                      shipments that will require inspection,
                                              Message Set/ACE Filing section.                         conditional release of the shipment from              CEMS will automatically provide
                                                                                                      the port for inspection at another                    shipment information via email to the
                                              Compliance and Enforcement                              location. The paper form presented to                 appropriate AMS inspection office. The
                                              Management System (CEMS)                                AMS may be a CBP Form 3461 (Entry/                    data in ACE will also enable CBP to
                                                 In support of ITDS and the use of                    Immediate Release), CBP Form 7501                     make the determination that a shipment
                                              CBP’s PGA Message Sets, AMS’                            (Entry Summary), or an invoice for the                may be conditionally released for
                                              Marketing Order and Agreement                           shipment. This paper-based process is                 inspection.
                                              Division (MOAD) is developing a new                     commonly known in the trade, at CBP,                    Once a shipment has arrived at the
                                              automated system called the                             and at AMS as the ‘‘stamp and fax’’                   location where inspection will occur,
                                              Compliance and Enforcement                              procedure.                                            the importer will contact the AMS
                                              Management System (CEMS) that will                         Upon receipt of the paper form, AMS                inspection office to finalize
                                              replace and automate many of the                        personnel determine whether an                        arrangements for inspection.
                                              systems MOAD has used in the past to                    inspection is required (there may be
                                                                                                                                                            Pilot Program Details
                                              ensure compliance with import and                       situations when an import commodity is
                                              export regulations. CEMS will                           listed on CBP Directive 3250–007B, but                   AMS will initially conduct the pilot at
                                              electronically link with the CBP ACE                    it may be exempt from section 8e                      certain ports of entry. Participants
                                              platform to create a ‘‘pipeline’’ through               regulations and inspection; for example,              should consult the following Web site to
                                              which data will be transmitted between                  some varieties of a commodity are                     determine which ports are operational
                                              CBP and MOAD. In this pilot, ACE will                   exempt, or the regulations are not in                 for the test and the date that they
                                              transmit PGA Message Set data to AMS                    effect during certain times of the year).             become operational: http://
                                              via CEMS, which will streamline                            If inspection is not required, AMS                 www.cbp.gov/document/guidance/list-
                                              processes by eliminating the use of                     personnel affix a stamp to the paper                  aceitds-pga-message-set-pilot-ports.
                                              existing paper-based systems and                        form indicating that the product is not                  This initial pilot may also be
                                              expediting the conditional release of                   subject to section 8e regulations. When               expanded to include additional AMS
                                              shipments for the purpose of inspection,                inspection is required, AMS personnel                 PGA Message Sets, some of which have
                                              prior to final release into the commerce                affix a different stamp to the paper form,            Document Imaging System (DIS)
                                              of the United States.                                   indicating the product is subject to                  components. DIS allows participants to
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                                                                                                      section 8e regulations and will require               transmit required PGA data to ACE
                                              Inspection Requirements for Imported                    AMS inspection at a location other than               through the use of electronic copies of
                                              Commodities                                             the port of entry, shortly after CBP                  AMS forms. For information regarding
                                                Section 8e of the Agricultural                        conditionally releases the shipment.                  the use of DIS and a list of PGA forms
                                              Marketing Agreement Act of 1937, as                     AMS returns the form to the importer                  and documents that may be transmitted
                                              amended (7 U.S.C. 601–674) (AMAA),                      via fax, and the importer presents the                to ACE using DIS, please see http://
                                              provides that whenever certain                          stamped form to CBP.                                  www.cbp.gov/trade/ace/features.


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                                                                           Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                                 46949

                                                 Importers and brokers who participate                Waiver of Requirements and Regulation                 for the duration of the test. AMS will
                                              in this pilot will transmit PGA Message                 Under the Pilot Program                               notify the selected parties by email of
                                              Set data to ACE using the electronic                      For purposes of this pilot program,                 their selection and the starting date of
                                              data interchange known as the                           requirements under CBP Directive No.                  their participation (selected participants
                                              Automated Broker Interface, or ABI. The                 3250–007B, Section 5.2 (‘‘Stamp and                   may have different starting dates). Any
                                              AMS data is required to determine                                                                             applicant who provides incomplete
                                                                                                      Fax procedure’’), will be waived for
                                              whether inspection of the shipment is                                                                         information or otherwise does not meet
                                                                                                      participants only insofar as eliminating
                                              required, to send an email notification                                                                       participation requirements will be
                                                                                                      the requirement to present paper CBP
                                              to AMS inspection offices about those                                                                         notified by email and given an
                                                                                                      Forms 3461 or 7501 or invoices and
                                              shipments that will require inspection,                                                                       opportunity to resubmit a request to
                                                                                                      instead requiring the electronic
                                              and to provide CBP with information to                                                                        participate.
                                                                                                      submission of data elements generally
                                              determine whether to conditionally                      contained in AMS form FV–357.                         Paperwork Reduction Act
                                              release the merchandise. The                              This notice does not waive any other                  In accordance with the Paperwork
                                              transmission of this PGA Message Set                    requirements under CBP Directive No.                  Reduction Act of 1995 (44 U.S.C.
                                              data will be done in lieu of importers                  3250–007B nor does it waive any                       Chapter 35), the PGA Message Set data
                                              and brokers filing CBP Forms 3461 and                   requirements under section 8e of the                  that will be collected in this pilot has
                                              7501 or a shipment invoice to AMS                       AMAA (7 U.S.C. 601–674, § 608e) or                    been previously submitted by AMS for
                                              inspection service personnel at the port                under parts 944, 980, and 999 of title 7              OMB approval as a new information
                                              of entry prior to the arrival of                        of the Code of Federal Regulations (7                 collection under OMB No. 0581–NEW.
                                              shipments. AMS anticipates that this                    CFR 944, 7 CFR 980, and 7 CFR 999),                   The new information collection (FV–
                                              pilot program will help prepare for a                   which contain the section 8e import                   NEW, ‘‘Notification of Entry, 8e
                                              successful transition from the paper-                   regulations for fruits, vegetables, and               Products and Fresh Fruits, Vegetables,
                                              based ‘‘stamp and fax’’ process to the                  specialty crops, respectively.                        Nuts and Specialty Crops’’) contains
                                              electronic entry and transmission of                    Misconduct Under the Test                             data elements that will be collected by
                                              data to ACE/CEMS.                                                                                             CBP in ACE through the use of the PGA
                                                                                                         A test participant may be subject to               Message Set being tested in this pilot.
                                                 The data elements in the PGA
                                                                                                      fines, civil penalties, and/or                        The use of the PGA Message Set will
                                              Message Set are generally those found
                                                                                                      administrative sanctions as provided                  enable importers and brokers to enter
                                              on the AMS Specialty Crops Inspection
                                                                                                      under the AMAA and/or may be                          information required by AMS directly
                                              (SCI) Division form FV–357                              removed from participation in the pilot
                                              (Notification of Entry, 8e Products and                                                                       into ACE, and ACE’s integration with
                                                                                                      for failing to follow the terms and                   MOAD’s CEMS will simplify and
                                              Fresh Fruits, Vegetables, Nuts and                      conditions of this pilot or for failing to
                                              Specialty Crops). These data elements                                                                         expedite the process of conditionally
                                                                                                      abide by applicable laws and                          releasing shipments for inspection.
                                              are set forth in the Customs and Trade                  regulations that have not been waived
                                              Automated Interface Requirements                                                                              Upon approval of this new information
                                                                                                      by this notice.                                       collection by OMB, a request will be
                                              (CATAIR) guidelines for AMS, which
                                              can be found at the following Internet                  Pilot Program Participant Eligibility                 made to merge the new form with the
                                                                                                      and Application                                       forms currently approved for use under
                                              link: http://www.cbp.gov/sites/default/
                                                                                                                                                            OMB No. 0581–0125, ‘‘Regulations
                                              files/documents/AMS%20CATAIR%20                            AMS is initiating the pilot at certain             Governing Inspection Certification of
                                              Guidelines%20MARCH%202015.pdf.                          ports as indicated on the following Web               Fresh and Processed Fruits, Vegetables,
                                              Pilot Program Participant                               site: http://www.cbp.gov/document/                    and Other Products.’’
                                                                                                      guidance/list-aceitds-pga-message-set-                  AMS is committed to complying with
                                              Responsibilities
                                                                                                      pilot-ports. AMS may expand the pilot                 the E-Government Act, to promote the
                                                 Importers and brokers who participate                to include other U.S. ports and,                      use of the Internet and other
                                              in this PGA Message Set pilot will be                   therefore, invites importers and brokers              information technologies to provide
                                              required to:                                            at any U.S. port to request to participate            increased opportunities for citizen
                                                                                                      in the pilot. To be eligible to apply for             access to Government information and
                                                 • File, when applicable, data
                                                                                                      and participate in the pilot, an applicant            services, and for other purposes.
                                              elements contained in AMS form FV–                      must:
                                              357 for fruits, vegetables, and specialty                  • Be a self-filing importer or broker                Dated:
                                              crops listed in CBP Directive No. 3250–                 who has the ability to file ACE Entry                 Rex A. Barnes,
                                              0078 and regulated under section 8e of                  Summaries certified for cargo release;                Associate Administrator, Agricultural
                                              the AMAA. All modes of transportation                   and                                                   Marketing Service.
                                              will be included in this pilot;                            • File entries for AMS commodities                 [FR Doc. 2015–19326 Filed 8–5–15; 8:45 am]
                                                 • Include PGA Message Set import                     that are the subject of this pilot.                   BILLING CODE P
                                              filings only as part of an ACE Entry                       Any party seeking to participate in the
                                              Summary certified for cargo release;                    AMS PGA Message Set test should
                                                                                                      contact their CBP client representative.              DEPARTMENT OF AGRICULTURE
                                                 • Use a software program that has
                                              completed ACE certification testing for                 Interested parties without an assigned                Submission for OMB Review;
                                              the PGA Message Set;                                    CBP client representative should submit               Comment Request
                                                                                                      an email to Richard Lower at
                                                 • Transmit import filings to CBP via
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                                                                                                      Richard.Lower@ams.usda.gov with the                   July 31, 2015.
                                              ACE in response to a request for                        subject heading ‘‘AMS PGA Message Set                   The Department of Agriculture has
                                              documentation or in response to a                       Test FRN—Request to Participate.’’                    submitted the following information
                                              request for release information for                        AMS will accept and consider                       collection requirement(s) to OMB for
                                              certified ACE Entry Summaries; and                      requests to participate in the pilot                  review and clearance under the
                                                 • Only transmit information to CBP                   starting on the date of this publication              Paperwork Reduction Act of 1995,
                                              that has been requested by CBP or AMS.                  and will accept requests to participate               Public Law 104–13. Comments


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Document Created: 2018-02-23 10:55:50
Document Modified: 2018-02-23 10:55:50
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
ActionGeneral notice and request for comments.
DatesThe test will commence no earlier than July 13, 2015, and will continue until concluded by publication of a notice in the Federal Register ending the test. Any party seeking to participate in the AMS PGA Message Set test should contact their CBP client representative. Interested parties without an assigned CBP client representative should submit an email to Richard Lower at [email protected] with the subject heading ``AMS PGA Message Set Test FRN-Request to Participate.'' Interested parties may submit comments about the pilot
ContactRichard Lower, Senior Compliance and Enforcement Specialist, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938; Email: [email protected]
FR Citation80 FR 46947 

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