80_FR_48091 80 FR 47938 - Modification of National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Partner Government Agency (PGA) Message Set Regarding Types of Transportation Modes and Certain Data Required by the National Highway Traffic Safety Administration (NHTSA)

80 FR 47938 - Modification of National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Partner Government Agency (PGA) Message Set Regarding Types of Transportation Modes and Certain Data Required by the National Highway Traffic Safety Administration (NHTSA)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 153 (August 10, 2015)

Page Range47938-47942
FR Document2015-19532

This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) test concerning the transmission of electronic filings through the Automated Commercial Environment (ACE), known as the Partner Government Agency (PGA) Message Set test. These modifications extend the current PGA Message Set to cover entries arriving by ocean, truck, rail, and air modes of transportation at CBP-designated ports and expands the use of the ACE PGA Message Set for the transmission of U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) import data for entries of motor vehicles and motor vehicle equipment items. CBP invites public comment concerning the test program.

Federal Register, Volume 80 Issue 153 (Monday, August 10, 2015)
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47938-47942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19532]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program (NCAP) Test 
Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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

SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning the transmission of electronic filings through the 
Automated Commercial Environment (ACE), known as the Partner Government 
Agency (PGA) Message Set test. These modifications extend the current 
PGA Message Set to cover entries arriving by ocean, truck, rail, and 
air modes of transportation at CBP-designated ports and expands the use 
of the ACE PGA Message Set for the transmission of U.S. Department of 
Transportation, National Highway Traffic Safety Administration (NHTSA) 
import data for entries of motor vehicles and motor vehicle equipment 
items. CBP invites public comment concerning the test program.

DATES: The modified PGA Message Set test will commence no earlier than 
August 10, 2015, and will continue until concluded by way of 
announcement in the Federal Register. Comments will be accepted through 
the duration of the test.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Josephine 
Baiamonte, ACE Business Office (ABO), Office of International Trade at 
[email protected]. In the subject line of your email, 
please indicate, ``Comment on NHTSA PGA Message Set Test FRN''.

FOR FURTHER INFORMATION CONTACT: For NHTSA-related PGA Message Set test 
questions, interested parties should send an email message to Clint 
Lindsay at [email protected] or Coleman Sachs at 
[email protected], and they should send a copy of that message to 
their assigned CBP client representative. For technical questions 
related to the Automated Commercial Environment (ACE) or Automated 
Broker Interface (ABI) transmissions, contact your assigned client 
representative. Interested parties without an assigned client 
representative should direct their questions to Steven Zaccaro at 
[email protected] with the subject heading ``PGA Message Set 
NHTSA Test FRN-Request to Participate''.

SUPPLEMENTARY INFORMATION: 

Background

    This test notice, and the Customs related electronic functions it 
describes, are part of 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, December 8, 1993) (Customs Modernization Act). 
See 19 U.S.C. 1411. Through NCAP, the initial focus of customs 
modernization was on trade compliance and the development of the 
Automated Commercial Environment (ACE), the planned successor to the 
legacy Customs Automated Commercial System (ACS). ACE is an automated 
and electronic system for commercial trade processing. ACE will 
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 its communities of interest. The ability to meet these 
objectives depends upon 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 introduce a new capability or 
to replace a specific legacy ACS function. Each release will begin with 
a test, and will end with mandatory compliance with the new ACE 
feature, thus retiring the legacy ACS function. Each release builds on 
previous releases, and sets the foundation for subsequent releases.
    On December 13, 2013, U.S. Customs and Border Protection (CBP) 
published in the Federal Register a notice announcing a National 
Customs

[[Page 47939]]

Automation Program (NCAP) test called the Partner Government Agency 
(PGA) Message Set test. See 78 FR 75931. This test is in furtherance of 
key CBP International Trade Data System (ITDS) initiatives, as provided 
in the Security and Accountability For Every Port Act of 2006 (``SAFE 
Port Act''), Pub. L. 109-347, 120 Stat. 1884 (19 U.S.C. 1411(d)), to 
achieve the vision of ACE as the ``single window'' for the Government 
and trade community. ACE will automate and enhance 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. The use of ACE to process trade data will significantly 
increase efficiency and reduce costs compared to the traditional manual 
method of processing of paper forms.
    The PGA Message Set is the data required to satisfy the PGAs' 
reporting requirements.
    ACE will enable the trade community to submit trade-related data, 
required by the PGAs, only once to CBP, thus improving communications 
between agencies and filers, and shortening entry processing time. 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 the ACE Cargo Release process. The data will be 
validated and made available to the relevant PGAs involved in import, 
export, and transportation-related decision making. The data will 
satisfy the filer's obligation to make entry 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 manual processing of paper documents.
    The December 2013 Federal Register notice announced that ACE would 
be accepting certain PGA data elements for the Environmental Protection 
Agency (EPA) and the U.S. Department of Agriculture, Food Safety and 
Inspection Service (FSIS) for type ``01'' (consumption) and type ``11'' 
(informal) commercial entries filed at specified ports. The December 
2013 Federal Register notice also provides additional background on the 
NCAP and the International Trade Data System (ITDS). On February 4, 
2015, CBP published the announcement that it had broadened the PGA 
Message Set test to accept additional PGA data elements for the EPA, 
for type ``01'' (consumption) and type ``11'' (informal) commercial 
entries filed at specified ports. See 80 FR 6098.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XIV, entitled,
    ``Development of ACE Prototypes''. The procedures and criteria 
related to participation in the previous ACE notices remain in effect 
unless otherwise explicitly changed by this or subsequent notices 
published in the Federal Register.

I. Authorization for the Test

    The Customs Modernization Act provides the Commissioner of CBP with 
authority to conduct limited test programs or procedures designed to 
evaluate planned components of the NCAP. This test is authorized 
pursuant to section 101.9(b) of title 19 of the Code of Federal 
Regulations (19 CFR 101.9(b)) which provides for the testing of NCAP 
programs or procedures. See Treasury Decision (T.D.) 95-21.

II. Partner Government Agency Message Set for Four Transportation Modes

    This document announces CBP's plan to expand the PGA Message Set to 
allow submission of certain data, which PGAs require, for informal and 
formal consumption entries arriving by air, ocean, rail, or truck mode 
of transportation.
    At this time, a limited number of ports will be accepting PGA 
Message Set data. A list of those ports is provided on the following 
Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. Those ports will accept PGA Message Set data 
for entries arriving by air, ocean, rail, or truck mode of 
transportation.
    CBP may expand this test to include additional ports in the future. 
CBP may also expand the commodities that are within the scope of the 
test, as indicated by the Harmonized Tariff Schedule (HTS) codes, on 
the following Web site: http://www.cbp.gov/trade/ace/catair#field-content-tab-group-tab-4. Test participants should monitor the Web site 
for updates to the list of ports accepting PGA Message Set data and the 
list of HTS codes covered by the test.

III. The National Highway Traffic Safety Administration (NHTSA)

    In addition, this document announces CBP's plan to expand the PGA 
Message Set test to include electronic filings of the NHTSA PGA Message 
Set for the importation of motor vehicles and motor vehicle equipment 
items.
    NHTSA is responsible for implementing and enforcing the National 
Traffic and Motor Vehicle Safety Act of 1966, as amended, codified at 
49 U.S.C. Chapter 301 (49 U.S.C. 30101 et seq.). Under its authority, 
NHTSA issues and enforces the Federal motor vehicle safety standards 
(``FMVSS''), which apply to motor vehicles and certain items of motor 
vehicle equipment. Section 30112(a)(1) of Title 49 U.S.C. contains a 
general prohibition on, among other things, importing into the United 
States motor vehicles or motor vehicle equipment items that do not 
comply with all applicable FMVSS and that are not covered by a 
certification issued under 49 U.S.C. 30115. Under 49 CFR 591.5, any 
person offering a motor vehicle or item of motor vehicle equipment for 
importation into the United States must file a declaration. This 
declaration is known as the DOT HS-7 Declaration Form. Under its 
parallel regulation at 19 CFR 12.80, CBP requires that a declaration be 
filed in duplicate for motor vehicles or motor vehicle equipment items. 
In practice, importers or brokers file the HS-7 Declaration Form and 
supporting documents for these products. The DOT HS-7 Declaration Form, 
the form's supporting documents, and NHTSA's regulations require the 
identification of parties associated with the entry of the products 
that are presented for importation, as well as information on the 
identity of imported motor vehicles and motor vehicle equipment items.
    Importers of motor vehicles or motor vehicle equipment items are 
required to file a HS-7 Declaration Form and supporting documents with 
CBP at the time of making entry. Alternatively, importers may file the 
HS-7 Declaration Form electronically via the Automated Broker Interface 
(ABI) and present the HS-7 Declaration Form's supporting documents to 
CBP at the time of entry. NHTSA staff may review the importer's entry 
information and make a determination as to whether the shipment should 
be released, detained, or refused. This may involve manual checking of 
key information against NHTSA databases. The current process is costly 
and inefficient because it relies on paper documents, and manual data 
validation and error correction. The review process can take several 
days during which more costs may be incurred for storage.
    CBP is expanding the use of the PGA Message set to include the 
electronic filing of NHTSA-regulated motor vehicles and motor vehicle 
equipment items for type ``01'' (consumption) and type ``11'' 
(informal) commercial entries

[[Page 47940]]

filed at specified ports. The data elements to be filed electronically 
through the PGA message set are those found in the current paper form 
(DOT HS-7 Declaration Form), collectively the ``NHTSA Vehicle/Equipment 
Information Collection.'' Supporting documents such as the DOT 
conformance bond form (DOT HS-474) must be submitted electronically at 
any time prior to the arrival of the merchandise on the conveyance 
transporting the cargo to the United States via a CBP-approved 
Electronic Data Interchange (EDI). In a notice published in the Federal 
Register (79 FR 36083) on June 25, 2014, CBP set forth the rules for 
filing submissions via DIS and a list of CBP and PGA forms that may be 
submitted via DIS. Technical information regarding the use of DIS is 
available at the following Web site: http://www.cbp.gov/trade/ace/features.
    The technical requirements for submitting the NHTSA data elements 
are set forth in the supplemental Customs and Trade Automated Interface 
Requirements (CATAIR) guidelines for NHTSA. These technical 
specifications, including the CATAIR chapters and applicable Harmonized 
Tariff Schedule of the United States (HTSUS) codes, can be found at the 
following link: http://www.cbp.gov/document/guidance/national-highway-traffic-safety-administration-nhtsa-pga-message-set-manual.
    The NHTSA-required entry data will be filed electronically once 
through the single window for use by both NHTSA and CBP, for pre-
arrival screening, using the PGA Message Set. This will eliminate 
separate document filings for participating importers and as a result, 
reduce the overall paperwork burden on the importer and the port 
associated with these NHTSA-regulated shipments. It will also 
significantly reduce the initial processing and review time for motor 
vehicle and motor vehicle equipment item entries, provide consistency 
of these reviews, and eliminate the costs of filing paper documents. 
The electronic filing will also allow automated checks of certain 
required information facilitating pre-arrival admissibility 
verifications, thereby focusing CBP and NHTSA resources on shipments of 
interest.
    At this time, the test will include entries originating in the 
ocean, truck, rail, and air environment. Upon acceptance into this 
test, participants will be allowed to transmit the NHTSA data elements 
for entries originating in the air, ocean, rail, and truck 
environments, as specified in this notice. During this test, 
participants will collaborate with CBP and NHTSA to examine the 
effectiveness of the single window capability.

IV. Test Participant Responsibilities

    PGA Message Set test participants will be required to:
     Transmit the NHTSA Vehicle/Equipment Information 
Collection with the ports that are accepting the ACE PGA Message Set 
data. A current list of those ports is posted on the following Web 
site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
     Transmit, when applicable, the NHTSA Vehicle/Equipment 
Information Collection using the NHTSA PGA Message Set and the 
supporting documents via DIS. This information must be electronically 
transmitted to ACE using an ACE Entry Summary certified for cargo 
release at any time prior to the arrival of the merchandise on the 
conveyance transporting the cargo to the United States;
     Transmit the NHTSA Vehicle/Equipment Information 
Collection only as part of an ACE Entry Summary certified for cargo 
release;
     Transmit import filings to CBP via ABI in response to a 
request for documentation or in response to a request for release 
information for certified ACE Cargo Release;
     Only transmit to CBP information that has been requested 
by CBP or NHTSA;
     Use a software program that has completed ACE 
certification testing for the PGA Message Set; and
     Take part in a CBP evaluation of this test.
    Participants are reminded that they should only file documents that 
CBP can accept electronically. The documents CBP can accept 
electronically are listed under the Document Image System (DIS) tab of 
the ACE Features page on the Web site http://www.cbp.gov/trade/ace/features, and, for participants using ABI, in the PGA Message Set part 
of the CATAIR. When CBP cannot accept additional information 
electronically, the filer must file the additional information by 
paper. See 78 FR 75931 at 75934-35 (December 13, 2013), for information 
on Confidentiality (Section XIII) and Misconduct under the PGA Message 
Set Test (Section XIV).

V. Waiver of Regulation Under the Test

    For purposes of this test, 19 CFR 12.80 will be waived for test 
participants only insofar as eliminating any requirement that may 
appear in these regulations to file a paper version of the DOT HS-7 
Declaration Form or its supporting documents. In its place, test 
participants are required to transmit electronically the data elements 
contained in the DOT HS-7 Declaration Form via the PGA Message Set and 
the HS-7 Declaration Form's supporting documents via DIS. This document 
does not waive any recordkeeping requirements found in part 163 of 
title 19 of the CFR (19 CFR part 163) and the Appendix to part 163 
(commonly known as the ``(a)(1)(A) list'').

VI. Eligibility Criteria

    As announced in this notice, the use of the PGA Message Set test is 
expanding to accept DOT HS-7 Declaration Form data elements, also known 
as the NHTSA Vehicle/Equipment Information Collection, and supporting 
documents. All other eligibility criteria as specified in prior PGA 
Message Set test notices remain the same. To be eligible to apply for 
this modification of the PGA data message set test, the applicant must:
     Be a self-filing importer who has the ability to file ACE 
Entry Summaries certified for cargo release or a broker who has the 
ability to file ACE Entry Summaries certified for cargo release; and
     File entries for NHTSA-regulated commodities that are the 
subject of this test at the ports that are accepting PGA Message Set 
data.
    CBP will accept an unlimited number of participants for the test. 
Test applicants must meet the eligibility criteria described in this 
document to participate in the test program.

VII. Application Process

    Any party seeking to participate in the modified PGA Message Set 
test concerning NHTSA data should send an email message to Clint 
Lindsay at [email protected] or Coleman Sachs at 
[email protected] to request participation in the modified test. 
They should send a copy of that request also to their CBP Client 
Representative, ACE Business Office (ABO), Office of International 
Trade. Interested parties without an assigned client representative 
should submit an email to Steven Zaccaro at 
[email protected] with the subject heading ``PGA Message Set 
NHTSA Test FRN-Request to Participate''.
    Emails sent to the CBP client representative or to Steven Zaccaro 
must include the applicant's filer code and the port(s) at which they 
are interested in filing the appropriate PGA Message Set information.
    At this time, PGA Message Set data may be submitted only for 
entries filed

[[Page 47941]]

at certain ports. A current listing of those ports may be found on the 
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
    Client representatives will work with test participants to provide 
information regarding the transmission of this data. CBP will begin to 
accept applications on August 10, 2015 and will continue to accept 
applications throughout the duration of the test. CBP will notify the 
selected applicants by email of their selection and the starting date 
of their participation. Selected participants may have different 
starting dates. Anyone providing incomplete information, or otherwise 
not meeting participation requirements, will be notified by email and 
given the opportunity to resubmit their application.

VIII. Test Duration

    The modified test will begin no earlier than August 10, 2015 and 
will continue until concluded by way of announcement in the Federal 
Register. At the conclusion of the test, an evaluation will be 
conducted to assess the effect that the PGA Message Set has on 
expediting the submission of NHTSA importation-related data elements 
and the processing of NHTSA entries. The final results of the 
evaluation will be published in the Federal Register and the Customs 
Bulletin as required by section 101.9(b)(2) of the CBP regulations (19 
CFR 101.9(b)(2)).

IX. Comments

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests comments and feedback on all aspects of 
this test, including the design, conduct, and implementation of the 
test, in order to determine whether to modify, alter, expand, limit, 
continue, end, or fully implement this program.

X. Paperwork Reduction Act

    The collections of information in this test modification, DOT HS-7 
Declaration Form and supporting documents have been reviewed by OMB in 
accordance with the requirements of the Paperwork Reduction Act (44 
U.S.C. 3507) under control number 2127-0002. An agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless it displays a valid control number assigned by OMB.

XI. Confidentiality

    Data submitted and entered into the ACE Portal includes information 
that is exempt or restricted from disclosure by law, such as by the 
Trade Secrets Act (18 U.S.C. 1905). 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.

XII. Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, and/or discontinuance 
from participation in this test for any of the following:
     Failure to follow the terms and conditions of this test.
     Failure to exercise reasonable care in the execution of 
participant obligations.
     Failure to abide by applicable laws and regulations that 
have not been waived.
     Failure to deposit duties or fees in a timely manner.
    If the Director, Business Transformation, ACE Business Office 
(ABO), Office of International Trade finds that there is a basis for 
discontinuance of test participation privileges, the test participant 
will be provided a written notice proposing the discontinuance with a 
description of the facts or conduct warranting the action. The test 
participant will be offered the opportunity to appeal the Director's 
decision in writing within 10 calendar days of receipt of the written 
notice. The appeal must be submitted to Acting Executive Director, ABO, 
Office of International Trade by emailing [email protected].
    The Acting Executive Director will issue a decision in writing on 
the proposed action within 30 working days after receiving a timely 
filed appeal from the test participant. If no timely appeal is 
received, the proposed notice becomes the final decision of the Agency 
as of the date that the appeal period expires. A proposed 
discontinuance of a test participant's privileges will not take effect 
unless the appeal process under this paragraph has been concluded with 
a written decision adverse to the test participant.
    In the case of willfulness or those in which public health, 
interest, or safety so requires, the Director, Business Transformation, 
ABO, Office of International Trade, may immediately discontinue the 
test participant's privileges upon written notice to the test 
participant. The notice will contain a description of the facts or 
conduct warranting the immediate action. The test participant will be 
offered the opportunity to appeal the Director's decision within 10 
calendar days of receipt of the written notice providing for immediate 
discontinuance. The appeal must be submitted to Acting Executive 
Director, ABO, Office of International Trade by emailing 
[email protected]. The immediate discontinuance will remain 
in effect during the appeal period. The Executive Director will issue a 
decision in writing on the discontinuance within 15 working days after 
receiving a timely filed appeal from the test participant. If no timely 
appeal is received, the notice becomes the final decision of the Agency 
as of the date that the appeal period expires.

XIII. List of PGA Programs Accepting Data Through the ACE PGA Message 
Set Test

     Environmental Protection Agency (EPA) Ozone Depleting 
Substances (ODS) program data.
     EPA Vehicle and Engine (V&E) program data.
     EPA Notice of Arrival of Pesticides and Devices (NOA--EPA 
Form 3540-1) data.
     U.S. Department of Agriculture (USDA), Food Safety and 
Inspection Service (FSIS), meat, poultry, and egg products data.
     U.S. Department of Transportation (DOT), National Highway 
Traffic Safety Administration (NHTSA), motor vehicle or motor vehicle 
equipment declaration (DOT HS-7 Declaration) data.
    More information regarding requirements for PGA Information in ACE 
and Methods for Submissions is available on this Web site: http://www.cbp.gov/trade/ace/features. Select ``PGA Integration'' tab and 
click ``November 1 PGA Forms List.''

XIV. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.
     ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
     ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
     Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 
2008).
     ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
     ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).

[[Page 47942]]

     ACE Entry Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
     ACE Entry Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
     ACE Entry Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
     Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 
(June 24, 2011).
     ACE Announcement of a New Start Date for the National 
Customs Automation Program Test of Automated Manifest Capabilities for 
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
     ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
     National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Document Image System 
(DIS): 77 FR 20835 (April 6, 2012).
     National Customs Automation Program (NCAP) Test Concerning 
Automated Commercial Environment (ACE) Simplified Entry: Modification 
of Participant Selection Criteria and Application Process: 77 FR 48527 
(August 14, 2012).
     Modification of NCAP Test Regarding Reconciliation for 
Filing Certain Post-Importation Preferential Tariff Treatment Claims 
under Certain FTAs: 78 FR 27984 (May 13, 2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE), 78 FR 44142 (July 23, 
2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction; 78 FR 53466 
(August 29, 2013).
     Modification of NCAP Test Concerning Automated Commercial 
Environment (ACE) Cargo Release (formerly known as Simplified Entry): 
78 FR 66039 (November 4, 2013).
     Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434 (November 19, 2013).
     National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release To 
Allow Importers and Brokers To Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers: 79 FR 25142 (May 2, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment Document Image System: 
79 FR 36083 (June 25, 2014).
     Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
     eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond, 
Identification of Principal on an eBond by Filing Identification 
Number, and Email Address Correction: 80 FR 899 (January 7, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
     Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
     Modification of NCAP Test Concerning ACE Cargo Release for 
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR 
16414 (March 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
     National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).

    Dated: August 4, 2015.
Brenda Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-19532 Filed 8-7-15; 8:45 am]
 BILLING CODE P



                                              47938                        Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                              whether the information shall have                        Dated: August 3, 2015.                              questions, interested parties should
                                              practical utility; (b) the accuracy of the              Tracey Denning,                                       send an email message to Clint Lindsay
                                              agency’s estimates of the burden of the                 Agency Clearance Officer, U.S. Customs and            at Clint.Lindsay@dot.gov or Coleman
                                              collection of information; (c) ways to                  Border Protection.                                    Sachs at Coleman.Sachs@dot.gov, and
                                              enhance the quality, utility, and clarity               [FR Doc. 2015–19566 Filed 8–7–15; 8:45 am]            they should send a copy of that message
                                              of the information to be collected; (d)                 BILLING CODE 9111–14–P                                to their assigned CBP client
                                              ways to minimize the burden including                                                                         representative. For technical questions
                                              the use of automated collection                                                                               related to the Automated Commercial
                                              techniques or the use of other forms of                 DEPARTMENT OF HOMELAND                                Environment (ACE) or Automated
                                              information technology; and (e) the                     SECURITY                                              Broker Interface (ABI) transmissions,
                                              annual cost burden to respondents or                                                                          contact your assigned client
                                              record keepers from the collection of                   U.S. Customs and Border Protection                    representative. Interested parties
                                              information (total capital/startup costs                                                                      without an assigned client
                                                                                                      Modification of National Customs
                                              and operations and maintenance costs).                                                                        representative should direct their
                                                                                                      Automation Program (NCAP) Test
                                              The comments that are submitted will                                                                          questions to Steven Zaccaro at
                                                                                                      Concerning the Automated
                                              be summarized and included in the CBP                                                                         steven.j.zaccaro@cbp.dhs.gov with the
                                                                                                      Commercial Environment (ACE)
                                              request for OMB approval. All                                                                                 subject heading ‘‘PGA Message Set
                                                                                                      Partner Government Agency (PGA)
                                              comments will become a matter of                        Message Set Regarding Types of                        NHTSA Test FRN-Request to
                                              public record. In this document, CBP is                 Transportation Modes and Certain                      Participate’’.
                                              soliciting comments concerning the                      Data Required by the National Highway                 SUPPLEMENTARY INFORMATION:
                                              following information collection:                       Traffic Safety Administration (NHTSA)
                                                 Title: Canadian Border Boat Landing                                                                        Background
                                              Permit.                                                 AGENCY:  U.S. Customs and Border                         This test notice, and the Customs
                                                 OMB Number: 1651–0108.                               Protection, Department of Homeland                    related electronic functions it describes,
                                                 Form Number: CBP Form I–68.                          Security.                                             are part of the National Customs
                                                 Abstract: The Canadian Border Boat                   ACTION: General notice.                               Automation Program (NCAP). NCAP
                                              Landing Permit (CBP Form I–68) allows                                                                         was established in Subtitle B of Title
                                              participants entering the United States                 SUMMARY:    This document announces
                                                                                                      U.S. Customs and Border Protection’s                  VI—Customs Modernization, in the
                                              along the northern border by small                                                                            North American Free Trade Agreement
                                              pleasure boats weighing less than 5 tons                (CBP’s) plan to modify the National
                                                                                                      Customs Automation Program (NCAP)                     Implementation Act (Pub. L. 103–182,
                                              to telephonically report their arrival                                                                        107 Stat. 2057, December 8, 1993)
                                              without having to appear in person for                  test concerning the transmission of
                                                                                                      electronic filings through the                        (Customs Modernization Act). See 19
                                              an inspection by a CBP officer. United                                                                        U.S.C. 1411. Through NCAP, the initial
                                              States citizens, Lawful Permanent                       Automated Commercial Environment
                                                                                                      (ACE), known as the Partner                           focus of customs modernization was on
                                              Residents of the United States, Canadian                                                                      trade compliance and the development
                                              citizens, Landed Commonwealth                           Government Agency (PGA) Message Set
                                                                                                      test. These modifications extend the                  of the Automated Commercial
                                              Residents of Canada, and Landed                                                                               Environment (ACE), the planned
                                              Residents of Canada who are nationals                   current PGA Message Set to cover
                                                                                                      entries arriving by ocean, truck, rail, and           successor to the legacy Customs
                                              of the Visa Waiver Program countries                                                                          Automated Commercial System (ACS).
                                              listed in 8 CFR 217.2(a) are eligible to                air modes of transportation at CBP-
                                                                                                      designated ports and expands the use of               ACE is an automated and electronic
                                              participate.                                                                                                  system for commercial trade processing.
                                                                                                      the ACE PGA Message Set for the
                                                 The information collected on CBP                                                                           ACE will streamline business processes,
                                                                                                      transmission of U.S. Department of
                                              Form I–68 allows people who enter the                                                                         facilitate growth in trade, ensure cargo
                                                                                                      Transportation, National Highway
                                              United States from Canada by small                                                                            security, and foster participation in
                                                                                                      Traffic Safety Administration (NHTSA)
                                              pleasure boats to be inspected only once                                                                      global commerce, while ensuring
                                                                                                      import data for entries of motor vehicles
                                              during the boating season, rather than                                                                        compliance with U.S. laws and
                                                                                                      and motor vehicle equipment items.
                                              each time they make an entry. This                                                                            regulations and reducing costs for CBP
                                                                                                      CBP invites public comment concerning
                                              information collection is provided for                                                                        and all its communities of interest. The
                                                                                                      the test program.
                                              by 8 CFR 235.1(g) and Section 235 of                                                                          ability to meet these objectives depends
                                              Immigration and Nationality Act. CBP                    DATES: The modified PGA Message Set
                                                                                                                                                            upon successfully modernizing CBP’s
                                              Form I–68 is accessible at http://                      test will commence no earlier than
                                                                                                                                                            business functions and the information
                                              www.cbp.gov/newsroom/publications/                      August 10, 2015, and will continue until
                                                                                                                                                            technology that supports those
                                              forms?title=68&=Apply.                                  concluded by way of announcement in
                                                                                                                                                            functions. CBP’s modernization efforts
                                                 Current Actions: This submission is                  the Federal Register. Comments will be
                                                                                                                                                            are accomplished through phased
                                              being made to extend the expiration                     accepted through the duration of the
                                                                                                                                                            releases of ACE component
                                              date with no change to the burden hours                 test.
                                                                                                                                                            functionality, designed to introduce a
                                              or to the information collected.                        ADDRESSES: Comments concerning this                   new capability or to replace a specific
                                                 Type of Review: Extension (without                   notice and any aspect of this test may                legacy ACS function. Each release will
                                              change).                                                be submitted at any time during the test              begin with a test, and will end with
                                                 Affected Public: Individuals or                      via email to Josephine Baiamonte, ACE                 mandatory compliance with the new
                                              Households.                                             Business Office (ABO), Office of                      ACE feature, thus retiring the legacy
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                                                 Estimated Number of Respondents:                     International Trade at                                ACS function. Each release builds on
                                              68,000.                                                 josephine.baiamonte@cbp.dhs.gov. In                   previous releases, and sets the
                                                 Estimated Time per Respondent: 10                    the subject line of your email, please                foundation for subsequent releases.
                                              minutes.                                                indicate, ‘‘Comment on NHTSA PGA                         On December 13, 2013, U.S. Customs
                                                 Estimated Total Annual Burden                        Message Set Test FRN’’.                               and Border Protection (CBP) published
                                              Hours: 11,288.                                          FOR FURTHER INFORMATION CONTACT: For                  in the Federal Register a notice
                                                 Estimated Annual Cost: $1,088,000.                   NHTSA-related PGA Message Set test                    announcing a National Customs


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                                                                           Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices                                             47939

                                              Automation Program (NCAP) test called                   type ‘‘11’’ (informal) commercial entries                NHTSA is responsible for
                                              the Partner Government Agency (PGA)                     filed at specified ports. See 80 FR 6098.             implementing and enforcing the
                                              Message Set test. See 78 FR 75931. This                    For the convenience of the public, a               National Traffic and Motor Vehicle
                                              test is in furtherance of key CBP                       chronological listing of Federal Register             Safety Act of 1966, as amended,
                                              International Trade Data System (ITDS)                  publications detailing ACE test                       codified at 49 U.S.C. Chapter 301 (49
                                              initiatives, as provided in the Security                developments is set forth below in                    U.S.C. 30101 et seq.). Under its
                                              and Accountability For Every Port Act                   Section XIV, entitled,                                authority, NHTSA issues and enforces
                                              of 2006 (‘‘SAFE Port Act’’), Pub. L. 109–                  ‘‘Development of ACE Prototypes’’.                 the Federal motor vehicle safety
                                              347, 120 Stat. 1884 (19 U.S.C. 1411(d)),                The procedures and criteria related to                standards (‘‘FMVSS’’), which apply to
                                              to achieve the vision of ACE as the                     participation in the previous ACE                     motor vehicles and certain items of
                                              ‘‘single window’’ for the Government                    notices remain in effect unless                       motor vehicle equipment. Section
                                              and trade community. ACE will                           otherwise explicitly changed by this or               30112(a)(1) of Title 49 U.S.C. contains a
                                              automate and enhance the interaction                    subsequent notices published in the                   general prohibition on, among other
                                              between international trade partners,                   Federal Register.                                     things, importing into the United States
                                              CBP, and PGAs by facilitating electronic                                                                      motor vehicles or motor vehicle
                                                                                                      I. Authorization for the Test
                                              collection, processing, sharing, and                                                                          equipment items that do not comply
                                              review of trade data and documents                         The Customs Modernization Act                      with all applicable FMVSS and that are
                                              required by Federal agencies during the                 provides the Commissioner of CBP with                 not covered by a certification issued
                                              cargo import and export process. The                    authority to conduct limited test                     under 49 U.S.C. 30115. Under 49 CFR
                                              use of ACE to process trade data will                   programs or procedures designed to                    591.5, any person offering a motor
                                              significantly increase efficiency and                   evaluate planned components of the                    vehicle or item of motor vehicle
                                              reduce costs compared to the traditional                NCAP. This test is authorized pursuant                equipment for importation into the
                                              manual method of processing of paper                    to section 101.9(b) of title 19 of the Code           United States must file a declaration.
                                              forms.                                                  of Federal Regulations (19 CFR 101.9(b))              This declaration is known as the DOT
                                                 The PGA Message Set is the data                      which provides for the testing of NCAP                HS–7 Declaration Form. Under its
                                              required to satisfy the PGAs’ reporting                 programs or procedures. See Treasury                  parallel regulation at 19 CFR 12.80, CBP
                                              requirements.                                           Decision (T.D.) 95–21.                                requires that a declaration be filed in
                                                 ACE will enable the trade community                                                                        duplicate for motor vehicles or motor
                                              to submit trade-related data, required by               II. Partner Government Agency
                                                                                                                                                            vehicle equipment items. In practice,
                                              the PGAs, only once to CBP, thus                        Message Set for Four Transportation
                                                                                                                                                            importers or brokers file the HS–7
                                              improving communications between                        Modes
                                                                                                                                                            Declaration Form and supporting
                                              agencies and filers, and shortening entry                  This document announces CBP’s plan                 documents for these products. The DOT
                                              processing time. This data must be                      to expand the PGA Message Set to allow                HS–7 Declaration Form, the form’s
                                              submitted at any time prior to the                      submission of certain data, which PGAs                supporting documents, and NHTSA’s
                                              arrival of the merchandise on the                       require, for informal and formal                      regulations require the identification of
                                              conveyance transporting the cargo to the                consumption entries arriving by air,                  parties associated with the entry of the
                                              United States as part of the ACE Cargo                  ocean, rail, or truck mode of                         products that are presented for
                                              Release process. The data will be                       transportation.                                       importation, as well as information on
                                              validated and made available to the                        At this time, a limited number of                  the identity of imported motor vehicles
                                              relevant PGAs involved in import,                       ports will be accepting PGA Message Set               and motor vehicle equipment items.
                                              export, and transportation-related                      data. A list of those ports is provided on               Importers of motor vehicles or motor
                                              decision making. The data will satisfy                  the following Web site: http://                       vehicle equipment items are required to
                                              the filer’s obligation to make entry and                www.cbp.gov/document/guidance/list-                   file a HS–7 Declaration Form and
                                              will allow for earlier release decisions                aceitds-pga-message-set-pilot-ports.                  supporting documents with CBP at the
                                              and more certainty for the importer in                  Those ports will accept PGA Message                   time of making entry. Alternatively,
                                              determining the logistics of cargo                      Set data for entries arriving by air,                 importers may file the HS–7 Declaration
                                              delivery. Also, by virtue of being                      ocean, rail, or truck mode of                         Form electronically via the Automated
                                              electronic, the PGA Message Set will                    transportation.                                       Broker Interface (ABI) and present the
                                              eliminate the necessity for the                            CBP may expand this test to include                HS–7 Declaration Form’s supporting
                                              submission and subsequent manual                        additional ports in the future. CBP may               documents to CBP at the time of entry.
                                              processing of paper documents.                          also expand the commodities that are                  NHTSA staff may review the importer’s
                                                 The December 2013 Federal Register                   within the scope of the test, as indicated            entry information and make a
                                              notice announced that ACE would be                      by the Harmonized Tariff Schedule                     determination as to whether the
                                              accepting certain PGA data elements for                 (HTS) codes, on the following Web site:               shipment should be released, detained,
                                              the Environmental Protection Agency                     http://www.cbp.gov/trade/ace/                         or refused. This may involve manual
                                              (EPA) and the U.S. Department of                        catair#field-content-tab-group-tab-4.                 checking of key information against
                                              Agriculture, Food Safety and Inspection                 Test participants should monitor the                  NHTSA databases. The current process
                                              Service (FSIS) for type ‘‘01’’                          Web site for updates to the list of ports             is costly and inefficient because it relies
                                              (consumption) and type ‘‘11’’ (informal)                accepting PGA Message Set data and the                on paper documents, and manual data
                                              commercial entries filed at specified                   list of HTS codes covered by the test.                validation and error correction. The
                                              ports. The December 2013 Federal                                                                              review process can take several days
                                              Register notice also provides additional                III. The National Highway Traffic                     during which more costs may be
                                                                                                      Safety Administration (NHTSA)
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                                              background on the NCAP and the                                                                                incurred for storage.
                                              International Trade Data System (ITDS).                    In addition, this document announces                  CBP is expanding the use of the PGA
                                              On February 4, 2015, CBP published the                  CBP’s plan to expand the PGA Message                  Message set to include the electronic
                                              announcement that it had broadened the                  Set test to include electronic filings of             filing of NHTSA-regulated motor
                                              PGA Message Set test to accept                          the NHTSA PGA Message Set for the                     vehicles and motor vehicle equipment
                                              additional PGA data elements for the                    importation of motor vehicles and motor               items for type ‘‘01’’ (consumption) and
                                              EPA, for type ‘‘01’’ (consumption) and                  vehicle equipment items.                              type ‘‘11’’ (informal) commercial entries


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                                              47940                        Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                              filed at specified ports. The data                      collaborate with CBP and NHTSA to                     its supporting documents. In its place,
                                              elements to be filed electronically                     examine the effectiveness of the single               test participants are required to transmit
                                              through the PGA message set are those                   window capability.                                    electronically the data elements
                                              found in the current paper form (DOT                                                                          contained in the DOT HS–7 Declaration
                                                                                                      IV. Test Participant Responsibilities
                                              HS–7 Declaration Form), collectively                                                                          Form via the PGA Message Set and the
                                              the ‘‘NHTSA Vehicle/Equipment                             PGA Message Set test participants                   HS–7 Declaration Form’s supporting
                                              Information Collection.’’ Supporting                    will be required to:                                  documents via DIS. This document does
                                              documents such as the DOT                                 • Transmit the NHTSA Vehicle/                       not waive any recordkeeping
                                              conformance bond form (DOT HS–474)                      Equipment Information Collection with                 requirements found in part 163 of title
                                              must be submitted electronically at any                 the ports that are accepting the ACE                  19 of the CFR (19 CFR part 163) and the
                                              time prior to the arrival of the                        PGA Message Set data. A current list of               Appendix to part 163 (commonly
                                              merchandise on the conveyance                           those ports is posted on the following                known as the ‘‘(a)(1)(A) list’’).
                                              transporting the cargo to the United                    Web site: http://www.cbp.gov/
                                              States via a CBP-approved Electronic                    document/guidance/list-aceitds-pga-                   VI. Eligibility Criteria
                                              Data Interchange (EDI). In a notice                     message-set-pilot-ports.                                 As announced in this notice, the use
                                              published in the Federal Register (79                     • Transmit, when applicable, the                    of the PGA Message Set test is
                                              FR 36083) on June 25, 2014, CBP set                     NHTSA Vehicle/Equipment Information                   expanding to accept DOT HS–7
                                              forth the rules for filing submissions via              Collection using the NHTSA PGA                        Declaration Form data elements, also
                                              DIS and a list of CBP and PGA forms                     Message Set and the supporting                        known as the NHTSA Vehicle/
                                              that may be submitted via DIS.                          documents via DIS. This information                   Equipment Information Collection, and
                                              Technical information regarding the use                 must be electronically transmitted to                 supporting documents. All other
                                              of DIS is available at the following Web                ACE using an ACE Entry Summary                        eligibility criteria as specified in prior
                                              site: http://www.cbp.gov/trade/ace/                     certified for cargo release at any time               PGA Message Set test notices remain the
                                              features.                                               prior to the arrival of the merchandise               same. To be eligible to apply for this
                                                 The technical requirements for                       on the conveyance transporting the                    modification of the PGA data message
                                              submitting the NHTSA data elements                      cargo to the United States;                           set test, the applicant must:
                                              are set forth in the supplemental                         • Transmit the NHTSA Vehicle/                          • Be a self-filing importer who has
                                              Customs and Trade Automated Interface                   Equipment Information Collection only                 the ability to file ACE Entry Summaries
                                              Requirements (CATAIR) guidelines for                    as part of an ACE Entry Summary                       certified for cargo release or a broker
                                              NHTSA. These technical specifications,                  certified for cargo release;                          who has the ability to file ACE Entry
                                              including the CATAIR chapters and                         • Transmit import filings to CBP via                Summaries certified for cargo release;
                                              applicable Harmonized Tariff Schedule                   ABI in response to a request for                      and
                                              of the United States (HTSUS) codes, can                 documentation or in response to a                        • File entries for NHTSA-regulated
                                              be found at the following link: http://                 request for release information for                   commodities that are the subject of this
                                              www.cbp.gov/document/guidance/                          certified ACE Cargo Release;                          test at the ports that are accepting PGA
                                              national-highway-traffic-safety-                          • Only transmit to CBP information                  Message Set data.
                                              administration-nhtsa-pga-message-set-                   that has been requested by CBP or                        CBP will accept an unlimited number
                                              manual.                                                 NHTSA;                                                of participants for the test. Test
                                                 The NHTSA-required entry data will                     • Use a software program that has                   applicants must meet the eligibility
                                              be filed electronically once through the                completed ACE certification testing for               criteria described in this document to
                                              single window for use by both NHTSA                     the PGA Message Set; and                              participate in the test program.
                                              and CBP, for pre-arrival screening, using                 • Take part in a CBP evaluation of
                                              the PGA Message Set. This will                          this test.                                            VII. Application Process
                                              eliminate separate document filings for                   Participants are reminded that they                    Any party seeking to participate in the
                                              participating importers and as a result,                should only file documents that CBP                   modified PGA Message Set test
                                              reduce the overall paperwork burden on                  can accept electronically. The                        concerning NHTSA data should send an
                                              the importer and the port associated                    documents CBP can accept                              email message to Clint Lindsay at
                                              with these NHTSA-regulated shipments.                   electronically are listed under the                   Clint.Lindsay@dot.gov or Coleman
                                              It will also significantly reduce the                   Document Image System (DIS) tab of the                Sachs at Coleman.Sachs@dot.gov to
                                              initial processing and review time for                  ACE Features page on the Web site                     request participation in the modified
                                              motor vehicle and motor vehicle                         http://www.cbp.gov/trade/ace/features,                test. They should send a copy of that
                                              equipment item entries, provide                         and, for participants using ABI, in the               request also to their CBP Client
                                              consistency of these reviews, and                       PGA Message Set part of the CATAIR.                   Representative, ACE Business Office
                                              eliminate the costs of filing paper                     When CBP cannot accept additional                     (ABO), Office of International Trade.
                                              documents. The electronic filing will                   information electronically, the filer                 Interested parties without an assigned
                                              also allow automated checks of certain                  must file the additional information by               client representative should submit an
                                              required information facilitating pre-                  paper. See 78 FR 75931 at 75934–35                    email to Steven Zaccaro at
                                              arrival admissibility verifications,                    (December 13, 2013), for information on               steven.j.zaccaro@cbp.dhs.gov with the
                                              thereby focusing CBP and NHTSA                          Confidentiality (Section XIII) and                    subject heading ‘‘PGA Message Set
                                              resources on shipments of interest.                     Misconduct under the PGA Message Set                  NHTSA Test FRN-Request to
                                                 At this time, the test will include                  Test (Section XIV).                                   Participate’’.
                                              entries originating in the ocean, truck,                                                                         Emails sent to the CBP client
                                                                                                      V. Waiver of Regulation Under the Test
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                                              rail, and air environment. Upon                                                                               representative or to Steven Zaccaro
                                              acceptance into this test, participants                   For purposes of this test, 19 CFR                   must include the applicant’s filer code
                                              will be allowed to transmit the NHTSA                   12.80 will be waived for test                         and the port(s) at which they are
                                              data elements for entries originating in                participants only insofar as eliminating              interested in filing the appropriate PGA
                                              the air, ocean, rail, and truck                         any requirement that may appear in                    Message Set information.
                                              environments, as specified in this                      these regulations to file a paper version                At this time, PGA Message Set data
                                              notice. During this test, participants will             of the DOT HS–7 Declaration Form or                   may be submitted only for entries filed


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                                                                           Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices                                            47941

                                              at certain ports. A current listing of                  (18 U.S.C. 1905). As stated in previous               decision within 10 calendar days of
                                              those ports may be found on the                         notices, participation in this or any of              receipt of the written notice providing
                                              following Web site: http://www.cbp.gov/                 the previous ACE tests is not                         for immediate discontinuance. The
                                              document/guidance/list-aceitds-pga-                     confidential and upon a written                       appeal must be submitted to Acting
                                              message-set-pilot-ports.                                Freedom of Information Act (FOIA)                     Executive Director, ABO, Office of
                                                 Client representatives will work with                request, a name(s) of an approved                     International Trade by emailing
                                              test participants to provide information                participant(s) will be disclosed by CBP               Deborah.Augustin@cbp.dhs.gov. The
                                              regarding the transmission of this data.                in accordance with 5 U.S.C. 552.                      immediate discontinuance will remain
                                              CBP will begin to accept applications on                                                                      in effect during the appeal period. The
                                                                                                      XII. Misconduct Under the Test
                                              August 10, 2015 and will continue to                                                                          Executive Director will issue a decision
                                              accept applications throughout the                         A test participant may be subject to               in writing on the discontinuance within
                                              duration of the test. CBP will notify the               civil and criminal penalties,                         15 working days after receiving a timely
                                              selected applicants by email of their                   administrative sanctions, liquidated                  filed appeal from the test participant. If
                                              selection and the starting date of their                damages, and/or discontinuance from                   no timely appeal is received, the notice
                                              participation. Selected participants may                participation in this test for any of the             becomes the final decision of the
                                              have different starting dates. Anyone                   following:                                            Agency as of the date that the appeal
                                              providing incomplete information, or                       • Failure to follow the terms and                  period expires.
                                              otherwise not meeting participation                     conditions of this test.
                                              requirements, will be notified by email                    • Failure to exercise reasonable care              XIII. List of PGA Programs Accepting
                                              and given the opportunity to resubmit                   in the execution of participant                       Data Through the ACE PGA Message
                                              their application.                                      obligations.                                          Set Test
                                                                                                         • Failure to abide by applicable laws                 • Environmental Protection Agency
                                              VIII. Test Duration                                     and regulations that have not been                    (EPA) Ozone Depleting Substances
                                                 The modified test will begin no earlier              waived.                                               (ODS) program data.
                                              than August 10, 2015 and will continue                     • Failure to deposit duties or fees in                • EPA Vehicle and Engine (V&E)
                                              until concluded by way of                               a timely manner.                                      program data.
                                              announcement in the Federal Register.                      If the Director, Business                             • EPA Notice of Arrival of Pesticides
                                              At the conclusion of the test, an                       Transformation, ACE Business Office                   and Devices (NOA—EPA Form 3540–1)
                                              evaluation will be conducted to assess                  (ABO), Office of International Trade                  data.
                                              the effect that the PGA Message Set has                 finds that there is a basis for                          • U.S. Department of Agriculture
                                              on expediting the submission of NHTSA                   discontinuance of test participation                  (USDA), Food Safety and Inspection
                                              importation-related data elements and                   privileges, the test participant will be              Service (FSIS), meat, poultry, and egg
                                              the processing of NHTSA entries. The                    provided a written notice proposing the               products data.
                                              final results of the evaluation will be                 discontinuance with a description of the                 • U.S. Department of Transportation
                                              published in the Federal Register and                   facts or conduct warranting the action.               (DOT), National Highway Traffic Safety
                                              the Customs Bulletin as required by                     The test participant will be offered the              Administration (NHTSA), motor vehicle
                                              section 101.9(b)(2) of the CBP                          opportunity to appeal the Director’s                  or motor vehicle equipment declaration
                                              regulations (19 CFR 101.9(b)(2)).                       decision in writing within 10 calendar                (DOT HS–7 Declaration) data.
                                                                                                      days of receipt of the written notice. The               More information regarding
                                              IX. Comments                                            appeal must be submitted to Acting                    requirements for PGA Information in
                                                All interested parties are invited to                 Executive Director, ABO, Office of                    ACE and Methods for Submissions is
                                              comment on any aspect of this test at                   International Trade by emailing                       available on this Web site: http://
                                              any time. CBP requests comments and                     Deborah.Augustin@cbp.dhs.gov.                         www.cbp.gov/trade/ace/features. Select
                                              feedback on all aspects of this test,                      The Acting Executive Director will                 ‘‘PGA Integration’’ tab and click
                                              including the design, conduct, and                      issue a decision in writing on the                    ‘‘November 1 PGA Forms List.’’
                                              implementation of the test, in order to                 proposed action within 30 working days
                                                                                                      after receiving a timely filed appeal                 XIV. Development of ACE Prototypes
                                              determine whether to modify, alter,
                                              expand, limit, continue, end, or fully                  from the test participant. If no timely                 A chronological listing of Federal
                                              implement this program.                                 appeal is received, the proposed notice               Register publications detailing ACE test
                                                                                                      becomes the final decision of the                     developments is set forth below.
                                              X. Paperwork Reduction Act                              Agency as of the date that the appeal                   • ACE Portal Accounts and
                                                The collections of information in this                period expires. A proposed                            Subsequent Revision Notices: 67 FR
                                              test modification, DOT HS–7                             discontinuance of a test participant’s                21800 (May 1, 2002); 69 FR 5360 and 69
                                              Declaration Form and supporting                         privileges will not take effect unless the            FR 5362 (February 4, 2004); 69 FR
                                              documents have been reviewed by OMB                     appeal process under this paragraph has               54302 (September 8, 2004); 70 FR 5199
                                              in accordance with the requirements of                  been concluded with a written decision                (February 1, 2005).
                                              the Paperwork Reduction Act (44 U.S.C.                  adverse to the test participant.                        • ACE System of Records Notice: 71
                                              3507) under control number 2127–0002.                      In the case of willfulness or those in             FR 3109 (January 19, 2006).
                                              An agency may not conduct or sponsor,                   which public health, interest, or safety                • Terms/Conditions for Access to the
                                              and a person is not required to respond                 so requires, the Director, Business                   ACE Portal and Subsequent Revisions:
                                              to, a collection of information unless it               Transformation, ABO, Office of                        72 FR 27632 (May 16, 2007); 73 FR
                                              displays a valid control number                         International Trade, may immediately                  38464 (July 7, 2008).
                                                                                                                                                              • ACE Non-Portal Accounts and
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                                              assigned by OMB.                                        discontinue the test participant’s
                                                                                                      privileges upon written notice to the test            Related Notice: 70 FR 61466 (October
                                              XI. Confidentiality                                     participant. The notice will contain a                24, 2005); 71 FR 15756 (March 29,
                                                Data submitted and entered into the                   description of the facts or conduct                   2006).
                                              ACE Portal includes information that is                 warranting the immediate action. The                    • ACE Entry Summary, Accounts and
                                              exempt or restricted from disclosure by                 test participant will be offered the                  Revenue (ESAR I) Capabilities: 72 FR
                                              law, such as by the Trade Secrets Act                   opportunity to appeal the Director’s                  59105 (October 18, 2007).


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                                              47942                        Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                                 • ACE Entry Summary, Accounts and                    (ACE): 78 FR 75931 (December 13,                        • National Customs Automation
                                              Revenue (ESAR II) Capabilities: 73 FR                   2013).                                                Program (NCAP) Concerning Remote
                                              50337 (August 26, 2008); 74 FR 9826                        • Modification of National Customs                 Location Filing Entry Procedures in the
                                              (March 6, 2009).                                        Automation Program (NCAP) Test                        Automated Commercial Environment
                                                 • ACE Entry Summary, Accounts and                    Concerning Automated Commercial                       (ACE) and the Use of the Document
                                              Revenue (ESAR III) Capabilities: 74 FR                  Environment (ACE) Cargo Release for                   Image System for the Submission of
                                              69129 (December 30, 2009).                              Ocean and Rail Carriers: 79 FR 6210                   Invoices and the Use of eBonds for the
                                                 • ACE Entry Summary, Accounts and                    (February 3, 2014).                                   Transmission of Single Transaction
                                              Revenue (ESAR IV) Capabilities: 76 FR                      • Modification of National Customs                 Bonds: 80 FR 40079 (July 13, 2015).
                                              37136 (June 24, 2011).                                  Automation Program (NCAP) Test                          Dated: August 4, 2015.
                                                 • Post-Entry Amendment (PEA)                         Concerning Automated Commercial
                                              Processing Test: 76 FR 37136 (June 24,                                                                        Brenda Smith,
                                                                                                      Environment (ACE) Cargo Release To
                                              2011).                                                                                                        Assistant Commissioner, Office of
                                                                                                      Allow Importers and Brokers To Certify                International Trade.
                                                 • ACE Announcement of a New Start                    From ACE Entry Summary: 79 FR 24744
                                              Date for the National Customs                                                                                 [FR Doc. 2015–19532 Filed 8–7–15; 8:45 am]
                                                                                                      (May 1, 2014).
                                              Automation Program Test of Automated                       • Modification of National Customs                 BILLING CODE P
                                              Manifest Capabilities for Ocean and Rail                Automation Program (NCAP) Test
                                              Carriers: 76 FR 42721 (July 19, 2011).                  Concerning Automated Commercial
                                                 • ACE Simplified Entry: 76 FR 69755                  Environment (ACE) Cargo Release for
                                                                                                                                                            DEPARTMENT OF HOMELAND
                                              (November 9, 2011).                                                                                           SECURITY
                                                                                                      Truck Carriers: 79 FR 25142 (May 2,
                                                 • National Customs Automation                        2014).
                                              Program (NCAP) Tests Concerning                                                                               U.S. Customs and Border Protection
                                                                                                         • Modification of National Customs
                                              Automated Commercial Environment                        Automation Program (NCAP) Test                        [1651–0109]
                                              (ACE) Document Image System (DIS): 77                   Concerning Automated Commercial
                                              FR 20835 (April 6, 2012).                               Environment Document Image System:                    Agency Information Collection
                                                 • National Customs Automation                                                                              Activities: Guam-CNMI Visa Waiver
                                                                                                      79 FR 36083 (June 25, 2014).
                                              Program (NCAP) Test Concerning
                                                                                                         • Announcement of eBond Test: 79                   Information
                                              Automated Commercial Environment
                                                                                                      FR 70881 (November 28, 2014).                         AGENCY:  U.S. Customs and Border
                                              (ACE) Simplified Entry: Modification of
                                                                                                         • eBond Test Modifications and                     Protection, Department of Homeland
                                              Participant Selection Criteria and
                                                                                                      Clarifications: Continuous Bond                       Security
                                              Application Process: 77 FR 48527
                                                                                                      Executed Prior to or Outside the eBond
                                              (August 14, 2012).                                                                                            ACTION: 60-Day Notice and request for
                                                 • Modification of NCAP Test                          Test May Be Converted to an eBond by
                                                                                                      the Surety and Principal, Termination of              comments; extension of an existing
                                              Regarding Reconciliation for Filing                                                                           collection of information.
                                              Certain Post-Importation Preferential                   an eBond, Identification of Principal on
                                              Tariff Treatment Claims under Certain                   an eBond by Filing Identification                     SUMMARY:   U.S. Customs and Border
                                              FTAs: 78 FR 27984 (May 13, 2013).                       Number, and Email Address Correction:                 Protection (CBP) of the Department of
                                                 • Modification of Two National                       80 FR 899 (January 7, 2015).                          Homeland Security will be submitting
                                              Customs Automation Program (NCAP)                          • Modification of National Customs                 the following information collection
                                              Tests Concerning Automated                              Automation Program (NCAP) Test                        request to the Office of Management and
                                              Commercial Environment (ACE)                            Concerning Automated Commercial                       Budget (OMB) for review and approval
                                              Document Image System (DIS) and                         Environment (ACE) Document Image                      in accordance with the Paperwork
                                              Simplified Entry (SE), 78 FR 44142 (July                System Relating to Animal and Plant                   Reduction Act: Guam-CNMI Visa
                                              23, 2013).                                              Health Inspection Service (APHIS)                     Waiver Information (CBP Form I–736).
                                                 • Modification of Two National                       Document Submissions: 80 FR 5126                      CBP is proposing that this information
                                              Customs Automation Program (NCAP)                       (January 30, 2015).                                   collection be extended with no change
                                              Tests Concerning Automated                                 • Modification of National Customs                 to the burden hours or Information
                                              Commercial Environment (ACE)                            Automation Program (NCAP) Test                        collected. This document is published
                                              Document Image System (DIS) and                         Concerning the use of Partner                         to obtain comments from the public and
                                              Simplified Entry (SE); Correction; 78 FR                Government Agency Message Set                         affected agencies.
                                              53466 (August 29, 2013).                                through the Automated Commercial
                                                                                                                                                            DATES: Written comments should be
                                                 • Modification of NCAP Test                          Environment (ACE) for the Submission
                                                                                                                                                            received on or before October 9, 2015 to
                                              Concerning Automated Commercial                         of Certain Data Required by the
                                                                                                                                                            be assured of consideration.
                                              Environment (ACE) Cargo Release                         Environmental Protection Agency
                                                                                                      (EPA): 80 FR 6098 (February 4, 2015).                 ADDRESSES: Written comments may be
                                              (formerly known as Simplified Entry):
                                                                                                         • Announcement of Modification of                  mailed to U.S. Customs and Border
                                              78 FR 66039 (November 4, 2013).
                                                                                                                                                            Protection, Attn: Tracey Denning,
                                                 • Post-Summary Corrections to Entry                  ACE Cargo Release Test to Permit the
                                                                                                      Combined Filing of Cargo Release and                  Regulations and Rulings, Office of
                                              Summaries Filed in ACE Pursuant to the
                                                                                                      Importer Security Filing (ISF) Data: 80               International Trade, 90 K Street NE.,
                                              ESAR IV Test: Modifications and
                                                                                                      FR 7487 (February 10, 2015).                          10th Floor, Washington, DC 20229–
                                              Clarifications: 78 FR 69434 (November
                                                                                                         • Modification of NCAP Test                        1177.
                                              19, 2013).
                                                 • National Customs Automation                        Concerning ACE Cargo Release for Type                 FOR FURTHER INFORMATION CONTACT:
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                                              Program (NCAP) Test Concerning the                      03 Entries and Advanced Capabilities                  Requests for additional information
                                              Submission of Certain Data Required by                  for Truck Carriers: 80 FR 16414 (March                should be directed to Tracey Denning,
                                              the Environmental Protection Agency                     27, 2015).                                            U.S. Customs and Border Protection,
                                              and the Food Safety and Inspection                         • Automated Commercial                             Regulations and Rulings, Office of
                                              Service Using the Partner Government                    Environment (ACE) Export Manifest for                 International Trade, 90 K Street NE.,
                                              Agency Message Set Through the                          Air Cargo Test: 80 FR 39790 (July 10,                 10th Floor, Washington, DC 20229–
                                              Automated Commercial Environment                        2015).                                                1177, at 202–325–0265.


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Document Created: 2015-12-15 12:11:49
Document Modified: 2015-12-15 12:11:49
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.
DatesThe modified PGA Message Set test will commence no earlier than August 10, 2015, and will continue until concluded by way of announcement in the Federal Register. Comments will be accepted through the duration of the test.
ContactFor NHTSA-related PGA Message Set test questions, interested parties should send an email message to Clint Lindsay at [email protected] or Coleman Sachs at [email protected], and they should send a copy of that message to their assigned CBP client representative. For technical questions related to the Automated Commercial Environment (ACE) or Automated Broker Interface (ABI) transmissions, contact your assigned client representative. Interested parties without an assigned client representative should direct their questions to Steven Zaccaro at [email protected] with the subject heading ``PGA Message Set NHTSA Test FRN-Request to Participate''.
FR Citation80 FR 47938 

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