80 FR 46951 - International Trade Data System Test Concerning the Electronic Submission to the Automated Commercial Environment of the Lacey Act Import Declaration Form Using the Partner Government Agency Message Set

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

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

We are announcing that U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service (APHIS) have developed a pilot plan to test and assess the International Trade Data System for the electronic submission of Lacey Act import declaration data. The pilot test will use the APHIS Partner Government Agency (PGA) Message Set and the Automated Broker Interface to transmit, and the Automated Commercial Environment to process, trade data required by the Lacey Act for the importation of plant and paper products. Under this test, PGA Message Set data may be submitted only for Lacey Act import declarations filed at certain ports.

[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46951-46953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19343]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0056]


International Trade Data System Test Concerning the Electronic 
Submission to the Automated Commercial Environment of the Lacey Act 
Import Declaration Form Using the Partner Government Agency Message Set

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are announcing that U.S. Customs and Border Protection and 
the Animal and Plant Health Inspection Service (APHIS) have developed a 
pilot plan to test and assess the International Trade Data System for 
the electronic submission of Lacey Act import declaration data. The 
pilot test will use the APHIS Partner Government Agency (PGA) Message 
Set and the Automated Broker Interface to transmit, and the Automated 
Commercial Environment to process, trade data required by the Lacey Act 
for the importation of plant and paper products. Under this test, PGA 
Message Set data may be submitted only for Lacey Act import 
declarations filed at certain ports.

DATES: Comments will be accepted through the duration of the test. The 
test will commence no earlier than August 6, 2015, and will continue 
until concluded by publication of a notice ending the test. 
Participants should consult http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports to determine which ports are 
operational and the date they become operational.

ADDRESSES: You may submit comments by the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0056.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0056, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
     Email: Send your comment to Ms. Josephine Baiamonte, ACE 
Business Office, Office of International Trade, U.S. Customs and Border 
Protection, DHS, 1400 L Street NW., 2nd floor, Washington, DC 20229-
1225 at [email protected]. In the subject line of the 
email, please indicate, ``Comment on PGA Message Set Test FRN.''

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment or Automated Broker Interface 
transmissions, contact your assigned CBP client representative. 
Interested parties without an assigned client representative should 
direct their questions to Mr. Steven Zaccaro U.S. Customs and Border 
Protection, DHS, 1400 L Street NW., 2nd floor, Washington, DC 20229-
1225; [email protected].
    For PGA-related questions, contact Ms. Emi Wallace (CBP), U.S. 
Customs and Border Protection, DHS, 1400 L Street NW., 2nd floor, 
Washington, DC 20229-1225; [email protected].
    For Lacey Act-related questions, contact Ms. Parul Patel, Senior 
Agriculturalist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 
River Road Unit 150, Riverdale, MD 20737-1231; 301-851-2351; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

I. The National Customs Automation Program

    The National Customs Automation Program (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; see 19 U.S.C. 1411). Through NCAP, the 
initial thrust of customs modernization was on trade compliance and the 
development of the Automated Commercial Environment (ACE), the planned 
successor to the Automated Commercial System (ACS). ACE is an automated 
and electronic system for commercial trade processing 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 U.S. 
Customs and Border Protection (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 specific 
legacy ACS functions or test new automated procedures. Each release 
will begin with a test and will end with mandatory use of the new ACE 
feature and, where applicable, the retirement of the corresponding 
legacy ACS function. Each release builds on previous releases and sets 
the foundation for subsequent releases.
    The Automated Broker Interface (ABI) allows participants to 
electronically file required import data with CBP and transfers that 
data into ACE.

International Trade Data System

    This test is in furtherance of the International Trade Data System 
(ITDS), which is authorized by section 405 of the Security and 
Accountability For Every Port Act of 2006 (SAFE Port Act, Pub. L. 109-
347). The purpose of ITDS, as defined by section 405 of the SAFE Port 
Act, 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

[[Page 46952]]

required by all participating Federal agencies.

II. Partner Government Agency Message Set

    The Partner Government Agency (PGA) Message Set is the data needed 
to satisfy the PGA reporting requirements. For purposes of this test, 
the subject PGA is the Animal and Plant Health Inspection Service 
(APHIS). 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 decisionmaking. The data 
will be used to fulfill merchandise entry and entry summary 
requirements. 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.
    Test participants may not use the Document Imaging System (DIS) to 
transmit Lacey Act Plant and Plant Product Declaration (PPQ Form 505 
and 505B Supplemental Form) data required by APHIS. 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 visit the DIS tab at: 
http://www.cbp.gov/trade/ace/features.
    Upon initiation of this test, CBP will accept electronically for 
ACE processing Lacey Act import declarations filed at specified ports 
through the ABI. These data elements are those submitted in ACS or with 
APHIS using the Lacey Act Web Governance System (LAWGS) or via the PPQ 
505 Plant and Plant Product Declaration Form and 505B Supplemental 
Form, which are currently handled as paper communication with APHIS. 
These data elements are set forth in the supplemental Customs and Trade 
Automated Interface Requirements (CATAIR) guidelines for APHIS. These 
technical specifications, including the CATAIR chapters can be found 
online at http://www.cbp.gov/trade/ace/catair.
    CBP intends to expand ACE to cover all entry types. CBP will 
publish a notice in the Federal Register announcing the expansion. In 
addition, CBP will make the announcement on its Web site and will reach 
out to entry filers via the Cargo Systems Messaging Service (CSMS). 
Trade members may subscribe to CSMS to receive email notifications from 
CBP regarding important information. For information about subscribing 
to CSMS, please go to: http://apps.cbp.gov/csms/csms.asp?display_page=1.
    Once CBP announces that ACE is required for all import entry types, 
parties in this test may transmit PGA data to ACE using the PGA data 
message set for all entry types. The entry filing at the pilot project 
ports will continue until the pilot project is completed or when 
participation is ended.
    Participants should consult the CBP 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. Test participants and interested parties 
should continue to consult the CBP Web site for changes to the list of 
ports where APHIS data may be submitted. Test participants must use a 
software program that has completed ACE certification testing for the 
PGA Message Set.

III. The APHIS Test

    APHIS participation in this test is currently limited to the import 
declaration required for plants and plant products under Section 3 of 
the Lacey Act (16 U.S.C. 3371 et seq.). Expansion of this test to 
include other APHIS programs will be announced in future notices. Under 
this test, APHIS required data will be transmitted electronically to 
ACE using the PGA Message Set for any commodities that must be declared 
under the 2008 amendments to the Lacey Act. The Lacey Act Plant and 
Plant Product Declaration (PPQ Form 505 and 505B Supplemental Form) may 
not be submitted through DIS. Information about submission of the forms 
can be found on the APHIS Web site at https://www.aphis.usda.gov/plant_health/lacey_act/index.shtml.
    This test will cover all modes of transport at the selected 
port(s), and all plants and products subject to the Lacey Act import 
declaration when imported at one of the selected ports. When the plant 
or plant product is not on the enforcement schedule, participants must 
use the appropriate Lacey Act disclaimer code in place of the import 
declaration.
    The import filing process for APHIS will require the submission of 
specifically designated information. The designated PGA Message Set 
will be used to collect the specified information that is required by 
APHIS. The PGA Message Set data will be submitted to ACE system through 
the use of the ABI at the time of the entry filing in addition to the 
CBP required import Entry or Entry Summary data. Examples of the kind 
of data that will be submitted as part of the PGA Message set are: The 
scientific name of the plant, value of the importation, quantity of the 
plant, and name of the country from which the plant was harvested.
    The test is scheduled to commence on August 6, 2015, or later. Any 
party seeking to participate in this test must provide to APHIS, in its 
request to participate, the name of its organization, its point of 
contact for the pilot, and contact information (phone number and email 
address). Submit your request to participate in this test by sending an 
email to the Lacey Act Program at [email protected]. 
In the subject line, please indicate, ``Request to Participate in PGA 
Message Set Test.'' At this time, PGA Message Set data may be submitted 
only for entries filed at certain ports. A current listing of those 
ports may be found on the CBP Web site at http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
    For information regarding merchandise regulated by APHIS and data, 
information, forms, and comments required by APHIS, see the 
implementation guidelines for the 2008 amendments to the Lacey Act at: 
https://www.aphis.usda.gov/plant_health/lacey_act/index.shtml.
    This test covers communication and coordination among the agencies 
and the filers of data through the PGA Message Set for the importation 
of these plants and plant products. Entry data submissions will be 
subject to validation edits and any applicable PGA business rules 
programmed into ACE. Once all of the PGAs have concluded their review 
of the shipment, issued a ``May Proceed'' and have unset any remaining 
holds, CBP will send a single U.S. Government release message to the 
filer indicating that CBP has conditionally released the goods.

IV. 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. Participation in this test is 
not confidential and upon a written Freedom of Information Act request, 
the name(s) of an approved participant(s) will be disclosed by CBP in 
accordance with 5 U.S.C. 552.


[[Page 46953]]


    Done in Washington, DC, this 3rd day of August 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-19343 Filed 8-5-15; 8:45 am]
BILLING CODE 3410-34-P