81 FR 18634 - Cessation of National Customs Automation Program (NCAP) Test Concerning the Submission of Certain Data Required by the Food and Drug Administration (FDA) Using the Partner Government Agency (PGA) Message Set Through the Automated Commercial Environment (ACE)
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 81, Issue 62 (March 31, 2016)
U.S. Customs and Border Protection
Federal Register Volume 81, Issue 62 (March 31, 2016)
| Page Range | 18634-18635 | |
| FR Document | 2016-07255 |
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)] [Notices] [Pages 18634-18635] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07255] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Cessation of National Customs Automation Program (NCAP) Test Concerning the Submission of Certain Data Required by the Food and Drug Administration (FDA) Using the Partner Government Agency (PGA) Message Set Through the Automated Commercial Environment (ACE) AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. ----------------------------------------------------------------------- SUMMARY: U.S. Customs and Border Protection (CBP) and the Food and Drug Administration (FDA) have determined that the National Customs Automation Program (NCAP) test concerning the electronic transmission of certain import data for all FDA-regulated commodities through the Automated Commercial Environment (ACE) has been a success as ACE is capable of accepting FDA-regulated electronic entries. Accordingly, this document announces that the pilot is ending and CBP encourages all importers of merchandise regulated by the FDA to now use ACE for their electronic filings. In the near future ACE will be the sole CBP- authorized Electronic Data Interchange (EDI) system for these filings. DATES: The FDA test will end on May 2, 2016. ADDRESSES: Comments concerning this notice and any aspect of this test may be submitted via email to Josephine Baiamonte, ACE Business Office (ABO), Office of International Trade, at [email protected]. FOR FURTHER INFORMATION CONTACT: For CBP-related questions, contact Jeffrey Nii, Director, Inter-Agency Collaboration Division, Office of International Trade, at [email protected]. For FDA-related questions, contact Sandra Abbott at [email protected]. SUPPLEMENTARY INFORMATION: Background The National Customs Automation Program (NCAP) was established by 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 thrust 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 [[Page 18635]] new capability or to replace a specific legacy ACS function. Through the Customs Modernization Act and section 101.9 of title 19 of the Code of Federal Regulations (19 CFR 101.9), the Commissioner of CBP has authority to conduct limited test programs or procedures designed to evaluate planned components of the NCAP. See Treasury Decision (T.D.) 95-21. I. The FDA Partner Government Agency Message Set Test On December 13, 2013, CBP published in the Federal Register a notice announcing a NCAP test called the Partner Government Agency (PGA) Message Set test. See 78 FR 75931 (December 13, 2013). The PGA Message Set is the data required to satisfy a PGA's reporting requirements through ACE, enabling the trade community to submit trade- related data required by the PGA only once to CBP, thus improving communications between the agency and filers, and shortening entry processing time. Also, by virtue of being electronic, the PGA Message Set eliminates the necessity for the submission and subsequent manual processing of paper documents. On August 27, 2015, CBP published in the Federal Register a notice announcing CBP's plan to conduct a test concerning the submission of electronic Food and Drug Administration (FDA) data elements required by the FDA's cargo admissibility process under the auspices of ACE for those commodities regulated by the FDA that are being imported or offered for import into the United States. See 80 FR 52051 (August 27, 2015). Under the test, the new FDA PGA Message Set satisfied the FDA data requirements for formal and informal consumption entries through electronic filing in ACE and via the FDA PGA Message Set, enabling the trade community to have a CBP-managed ``single window'' for the submission of data required by the FDA during the cargo importation and review process. In the notice, CBP stated that the FDA PGA Message Set test would continue until concluded by way of announcement in the Federal Register and that an evaluation would be conducted to assess the effect that the test had on expediting the submission of FDA importation-related data elements and the processing of FDA entries. II. Conclusion of the Successful FDA PGA Message Set Test This notice announces that CBP and FDA have determined that ACE is capable of accepting FDA regulated electronic entries in ACE via the FDA PGA Message Set and, having found the test to be successful, are concluding the test, effective May 2, 2016. III. Use of ACE On February 29, 2016, CBP published a notice in the Federal Register announcing that, starting on March 31, 2016, CBP will begin decommissioning the Automated Commercial System (ACS) for certain entry and entry summary filings, making ACE the sole CBP-authorized EDI system for processing those electronic filings. See 81 FR 10264 (February 29, 2016). CBP explained that it would announce the conclusion of PGA Message Set and Document Image System (DIS) pilots on a rolling basis and that, as each pilot was concluded, ACE would become the sole CBP-authorized EDI system for electronic entry and entry summary filings for merchandise subject to the specified PGA import requirements and that merchandise subject to the specified PGA import requirements would no longer be permitted in ACS. Despite the FDA PGA Message Set test concluding, CBP is not, at this time, decommissioning the Automated Commercial System (ACS) for transmitting FDA data. Nonetheless, ACE is capable of accepting FDA- regulated electronic entries and CBP encourages all importers of merchandise regulated by the FDA to now use ACE for their electronic filings. Making the transition to ACE now will benefit the filing community when ACE will become the sole CBP-authorized EDI system for these filings. Dated: March 28, 2016. Brenda B. Smith, Assistant Commissioner, Office of International Trade. [FR Doc. 2016-07255 Filed 3-30-16; 8:45 am] BILLING CODE 9111-14-P
![18634 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices
a change. Existing questions 9a, 9b, and question, whether asks vending include vending machines in their
9c have been renumbered to account for machines are included in the Synar sampling protocols do not sample any
this new sub-question. Language in the survey and the reasons for their because there are few eligible vending
report format and the instructions was elimination if they are not included. machines remaining on their list frame.
adjusted to reflect the comments. Because many states have a contract A second part has been added to this
In Appendix B (Synar Survey with the FDA and are actively enforcing question to determine how vending
Sampling Methodology), the following the vending machine requirements of machines are sampled.
changes are being made: the Family Smoking Prevention and
Question 4—Vending machine There are no changes to Forms 1–5 or
Tobacco Control Act, some states that Appendix D.
inclusion in Synar Survey—This
ANNUAL REPORTING BURDEN
Number of Responses per Total number Hours per Total hour
45 CFR Citation respondents 1 respondents of responses response burden
Annual Report (Section 1—States and Territories)
96.130(e)(1–3) ........................................................................ 59 1 59 15 885
State Plan (Section II—States and Territories)
96.130(e)(4,5)96.130(g) ......................................................... 59 1 59 3 177
Total .................................................................................... 59 ............................ ...................... .................... 1,062
1 Red Lake Indian Tribe is not subject to tobacco requirements.
Written comments and DEPARTMENT OF HOMELAND Office of International Trade, at
recommendations concerning the SECURITY josephine.baiamonte@cbp.dhs.gov.
proposed information collection should FOR FURTHER INFORMATION CONTACT: For
be sent by May 2, 2016 to the SAMHSA U.S. Customs and Border Protection CBP-related questions, contact Jeffrey
Desk Officer at the Office of Information Nii, Director, Inter-Agency
Cessation of National Customs
and Regulatory Affairs, Office of Collaboration Division, Office of
Automation Program (NCAP) Test
Management and Budget (OMB). To International Trade, at jeffrey.c.nii@
Concerning the Submission of Certain
ensure timely receipt of comments, and Data Required by the Food and Drug cbp.dhs.gov. For FDA-related questions,
to avoid potential delays in OMB’s Administration (FDA) Using the Partner contact Sandra Abbott at sandra.abbott@
receipt and processing of mail sent Government Agency (PGA) Message fda.hhs.gov.
through the U.S. Postal Service, Set Through the Automated SUPPLEMENTARY INFORMATION:
commenters are encouraged to submit Commercial Environment (ACE)
their comments to OMB via email to: Background
OIRA_Submission@omb.eop.gov. AGENCY: U.S. Customs and Border The National Customs Automation
Although commenters are encouraged to Protection, Department of Homeland Program (NCAP) was established by
send their comments via email, Security. Subtitle B of Title VI—Customs
commenters may also fax their ACTION: General notice. Modernization, in the North American
comments to: 202–395–7285. Free Trade Agreement Implementation
SUMMARY: U.S. Customs and Border
Commenters may also mail them to: Act (Pub. L. 103–182, 107 Stat. 2057,
Protection (CBP) and the Food and Drug
Office of Management and Budget, December 8, 1993) (Customs
Administration (FDA) have determined
Office of Information and Regulatory Modernization Act). See 19 U.S.C. 1411.
that the National Customs Automation
Affairs, New Executive Office Building, Through NCAP, the thrust of customs
Program (NCAP) test concerning the
Room 10102, Washington, DC 20503. modernization was on trade compliance
electronic transmission of certain
and the development of the Automated
import data for all FDA-regulated
Summer King, Commercial Environment (ACE), the
commodities through the Automated
Statistician. planned successor to the legacy
Commercial Environment (ACE) has
[FR Doc. 2016–07223 Filed 3–30–16; 8:45 am] Customs Automated Commercial
been a success as ACE is capable of
System (ACS). ACE is an automated and
BILLING CODE 4162–20–P accepting FDA-regulated electronic
electronic system for commercial trade
entries. Accordingly, this document
processing. ACE will streamline
announces that the pilot is ending and
business processes, facilitate growth in
CBP encourages all importers of
trade, ensure cargo security, and foster
merchandise regulated by the FDA to
participation in global commerce, while
now use ACE for their electronic filings.
ensuring compliance with U.S. laws and
In the near future ACE will be the sole
regulations and reducing costs for CBP
CBP-authorized Electronic Data
and all its communities of interest. The
Interchange (EDI) system for these
mstockstill on DSK4VPTVN1PROD with NOTICES
ability to meet these objectives depends
filings.
upon successfully modernizing CBP’s
DATES: The FDA test will end on May business functions and the information
2, 2016. technology that supports those
ADDRESSES: Comments concerning this functions. CBP’s modernization efforts
notice and any aspect of this test may are accomplished through phased
be submitted via email to Josephine releases of ACE component
Baiamonte, ACE Business Office (ABO), functionality, designed to introduce a
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![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18635
new capability or to replace a specific PGA Message Set and, having found the interested in serving on the Technical
legacy ACS function. test to be successful, are concluding the Mapping Advisory Council (TMAC) to
Through the Customs Modernization test, effective May 2, 2016. apply for appointment. As provided for
Act and section 101.9 of title 19 of the in the Biggert-Waters Flood Insurance
Code of Federal Regulations (19 CFR III. Use of ACE
Reform Act of 2012, the TMAC makes
101.9), the Commissioner of CBP has On February 29, 2016, CBP published recommendations to the FEMA
authority to conduct limited test a notice in the Federal Register Administrator on how to improve, in a
programs or procedures designed to announcing that, starting on March 31, cost-effective manner, the accuracy,
evaluate planned components of the 2016, CBP will begin decommissioning general quality, ease of use, and
NCAP. See Treasury Decision (T.D.) 95– the Automated Commercial System distribution and dissemination of flood
21. (ACS) for certain entry and entry insurance rate maps (FIRMs) and risk
summary filings, making ACE the sole data; and performance metrics and
I. The FDA Partner Government Agency CBP-authorized EDI system for
Message Set Test milestones required to effectively and
processing those electronic filings. See efficiently map flood risk areas in the
On December 13, 2013, CBP 81 FR 10264 (February 29, 2016). CBP United States. Applicants will be
published in the Federal Register a explained that it would announce the considered for appointment in the event
notice announcing a NCAP test called conclusion of PGA Message Set and that there are vacancies on the TMAC.
the Partner Government Agency (PGA) Document Image System (DIS) pilots on DATES: Applications will be accepted
Message Set test. See 78 FR 75931 a rolling basis and that, as each pilot until 11:59 p.m. E.S.T. on April 30,
(December 13, 2013). The PGA Message was concluded, ACE would become the 2016.
Set is the data required to satisfy a sole CBP-authorized EDI system for
PGA’s reporting requirements through ADDRESSES: Applications for
electronic entry and entry summary
ACE, enabling the trade community to filings for merchandise subject to the membership should be submitted by
submit trade-related data required by specified PGA import requirements and one of the following methods:
the PGA only once to CBP, thus • Email: FEMA–TMAC@
that merchandise subject to the
improving communications between the fema.dhs.gov.
specified PGA import requirements • Mail: FEMA, Federal Insurance and
agency and filers, and shortening entry would no longer be permitted in ACS. Mitigation Administration, Risk
processing time. Also, by virtue of being Despite the FDA PGA Message Set test
Analysis Division, Attn: Kathleen Boyer,
electronic, the PGA Message Set concluding, CBP is not, at this time, 1800 South Bell Street, Arlington, VA
eliminates the necessity for the decommissioning the Automated 20598–3030.
submission and subsequent manual Commercial System (ACS) for
FOR FURTHER INFORMATION CONTACT:
processing of paper documents. transmitting FDA data. Nonetheless,
On August 27, 2015, CBP published Kathleen Boyer (Designated Federal
ACE is capable of accepting FDA-
in the Federal Register a notice Officer for the TMAC); address: FEMA,
regulated electronic entries and CBP
announcing CBP’s plan to conduct a test 1800 South Bell Street, Arlington, VA
encourages all importers of merchandise
concerning the submission of electronic 20598–3030; telephone: (202) 646–4023;
regulated by the FDA to now use ACE
Food and Drug Administration (FDA) and email: FEMA–TMAC@fema.dhs.gov.
for their electronic filings. Making the
data elements required by the FDA’s The TMAC Web site is: http://
transition to ACE now will benefit the
cargo admissibility process under the www.fema.gov/TMAC.
filing community when ACE will
auspices of ACE for those commodities SUPPLEMENTARY INFORMATION: The
become the sole CBP-authorized EDI
regulated by the FDA that are being system for these filings. TMAC is an advisory committee that
imported or offered for import into the was established by the Biggert-Waters
Dated: March 28, 2016. Flood Insurance Reform Act of 2012, 42
United States. See 80 FR 52051 (August
Brenda B. Smith, U.S.C. 4101a, and in accordance with
27, 2015). Under the test, the new FDA
Assistant Commissioner, Office of provisions of the Federal Advisory
PGA Message Set satisfied the FDA data
International Trade. Committee Act (FACA), 5 U.S.C. App.
requirements for formal and informal
[FR Doc. 2016–07255 Filed 3–30–16; 8:45 am] (Pub. L. 92–463). The TMAC is required
consumption entries through electronic
filing in ACE and via the FDA PGA BILLING CODE 9111–14–P to review and makes recommendations
Message Set, enabling the trade to FEMA on mapping-related issues and
community to have a CBP-managed activities. This includes mapping
DEPARTMENT OF HOMELAND standards and guidelines, performance
‘‘single window’’ for the submission of
SECURITY metrics and milestones, map
data required by the FDA during the
cargo importation and review process. maintenance, interagency and
Federal Emergency Management
In the notice, CBP stated that the FDA intergovernmental coordination, map
Agency
PGA Message Set test would continue accuracy, funding strategies, and other
until concluded by way of [Docket ID FEMA–2014–0022] mapping-related issues and activities. In
announcement in the Federal Register addition, the TMAC is required to
Technical Mapping Advisory Council submit an annual report to the FEMA
and that an evaluation would be
conducted to assess the effect that the AGENCY: Federal Emergency Administrator that contains: (1) A
test had on expediting the submission of Management Agency, DHS. description of the activities of the
FDA importation-related data elements ACTION: Committee management; request Council; (2) an evaluation of the status
mstockstill on DSK4VPTVN1PROD with NOTICES
and the processing of FDA entries. for applicants for appointment to the and performance of flood insurance rate
Federal Emergency Management maps and mapping activities to revise
II. Conclusion of the Successful FDA and update Flood Insurance Rate Maps;
PGA Message Set Test Agency’s Technical Mapping Advisory
Council. and (3) a summary of recommendations
This notice announces that CBP and made by the Council to the FEMA
FDA have determined that ACE is SUMMARY: The Federal Emergency Administrator. In late 2015, the TMAC
capable of accepting FDA regulated Management Agency (FEMA) is submitted its first annual report, as well
electronic entries in ACE via the FDA requesting qualified individuals as a one-time Future Conditions report.
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Document Created: 2016-03-31 00:56:08
Document Modified: 2016-03-31 00:56:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | General notice. | |
| Dates | The FDA test will end on May 2, 2016. | |
| Contact | For CBP-related questions, contact Jeffrey Nii, Director, Inter-Agency Collaboration Division, Office of International Trade, at [email protected] For FDA-related questions, contact Sandra Abbott at [email protected] | |
| FR Citation | 81 FR 18634 |
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