81 FR 54559 - Conclusion of National Marine Fisheries Service International Trade Data System Tests Concerning the Electronic Submission of Certain Data Required for Fish Imports and Exports
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 158 (August 16, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 158 (August 16, 2016)
| Page Range | 54559-54561 | |
| FR Document | 2016-19458 |
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)] [Notices] [Pages 54559-54561] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19458] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE646 Conclusion of National Marine Fisheries Service International Trade Data System Tests Concerning the Electronic Submission of Certain Data Required for Fish Imports and Exports AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: U.S. Customs and Border Protection (CBP) and the National Marine Fisheries Service (NMFS) previously announced tests under the National Customs Automation Program (NCAP) concerning the electronic transmission of certain data for NMFS-regulated commodities through the Automated Commercial Environment (ACE) and through the Automated Export System (AES). The tests included electronic data submission for imports (published in the Federal Register on June 5, 2015) and for exports (published in the Federal Register on June 3, 2016). During the imports test, entry filers were able to use the Automated Broker Interface (ABI) and the Document Image System (DIS) to transmit the NMFS Partner Government Agency (PGA) message data and forms required for NMFS to make admissibility determinations for entries subject to the monitoring programs for tunas, swordfish and toothfish, under the Highly Migratory Species International Trade Program (HMS), the Antarctic Marine Living Resources Trade Monitoring Program (AMR), and the Tuna Tacking and Verification Program (TTVP). During the exports test, exporters were able to use the Automated Export System (AES) and the DIS to transmit the NMFS PGA data and forms required for NMFS to collect required information on exports subject to these same trade monitoring programs. It has been determined that ACE and AES are capable of accepting NMFS-regulated electronic entries. NMFS regulations effective on September 20, 2016 (published on August 3, 2016) will require the use of ACE or AES, as applicable, for electronic filings of regulated imports or exports of fish products. Accordingly, CBP and NMFS announce that the NCAP tests are ending on September 20, 2016. All importers and exporters of fish products regulated by NMFS are encouraged to [[Page 54560]] use ACE or AES, as applicable, for their electronic filings in advance of September 20, 2016, when such filings will become mandatory. DATES: The NMFS ACE and AES tests conclude on September 20, 2016. ACE entries and AES export declarations for NMFS-regulated products may be continued until the conclusion of the tests. For NMFS regulated fishery products, use of ACE and AES to file electronically is required beginning September 20, 2016. FOR FURTHER INFORMATION CONTACT: For technical questions related to the Automated Commercial Environment (ACE), ABI transmissions, or AES, contact your assigned CBP client representative. Interested parties without an assigned client representative should direct their questions to Steven Zaccaro at [email protected]. For PGA reporting related questions, contact Emi Wallace (CBP) at mailto:[email protected] and for NMFS program related questions contact Dale Jones (NMFS) at [email protected]. SUPPLEMENTARY INFORMATION: Background I. The National Customs Automation Program (NCAP) NCAP was established in Subtitle B of Title VI--Customs Modernization, in the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (Customs Modernization Act). See 19 U.S.C. 1411. Through NCAP, the initial thrust of customs modernization was on trade compliance and the development of ACE, the planned successor to the Automated Commercial System (ACS). ACE is an automated and electronic system for commercial trade processing which is intended to streamline business processes, facilitate growth in trade, ensure cargo security, and foster participation in global commerce, while ensuring compliance with U.S. laws and regulations and reducing costs for CBP and all of its communities of interest. The ability to meet these objectives depends on successfully modernizing CBP's business functions and the information technology that supports those functions. CBP's modernization efforts are accomplished through phased releases of ACE and AES component functionalities. Each release begins with a test and ends with mandatory use of the new ACE or AES features. Each release builds on previous releases and sets the foundation for subsequent releases. ABI and AES allow participants to electronically file required import and export data, respectively, with CBP and transfer that data into ACE. II. International Trade Data System The NMFS import and export tests were conducted in furtherance of the ITDS, which is statutorily authorized by section 405 of the Security and Accountability for Every (SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as set forth in section 405 of the SAFE Port Act of 2006, is to eliminate redundant information filing requirements, efficiently regulate the flow of commerce, and effectively enforce laws and regulations relating to international trade, by establishing a single portal system, operated by CBP, for the collection and distribution of standard electronic import and export data required by all participating Federal agencies. III. Conclusion of the NMFS PGA Message Set and DIS Tests Through this notice, CBP and NMFS announce that ACE and AES are capable of accepting required data and/or forms related to electronically filed entries of NMFS regulated commodities via the NMFS PGA Message Set (for imports), in AES Trade Interface Requirements (AESTIR) or American National Standards Institute (ANSI) X12, or in ACE AESDirect using an ACE portal, bulk upload or weblink (for exports) and the DIS. CBP encourages all importers of fish products regulated by NMFS to now use ACE or AES, as applicable, for their electronic filings. Making the transition to ACE and AES now will benefit the filing community when ACE and AES become the NMFS and CBP authorized EDI system for these filings as of September 20, 2016. IV. Transition to Use of ACE for Imports and Exports On February 29, 2016, CBP published a notice in the Federal Register (81 FR 10264) announcing that, starting on March 31, 2016, CBP would 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. CBP explained that the PGA Message Set and DIS pilots would be concluded 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. In the case of NMFS, no PGA data was previously collected via ACS, so ACE implementation for these commodities is an important step in the NMFS effort to collect import data electronically. Subsequently, CBP published a notice in the Federal Register (81 FR 32339, May 23, 2016) announcing that, effective July 23, 2016, CBP will decommission ACS for most entry and entry summary filings, making ACE the sole CBP-authorized EDI system for processing those electronic filings. As of July 23, 2016, electronic entry filings for NMFS- regulated fishery products were no longer accepted in ACS. With respect to exports and electronic filing within ITDS, the Bureau of the Census issued a proposed rule on March 9, 2016 (81 FR 12423) to amend regulations pertaining to export requirements. In that notice of proposed rulemaking, Census explained how the AES was being integrated into ACE consistent with the ``single window'' concept of ITDS, as required by the SAFE Port Act. Comments submitted on that proposed rule may be viewed in the rulemaking docket: https://www.regulations.gov/docket?D=USBC-2016-0001. VI. Process Changes Although CBP and NMFS are concluding the NCAP tests, importers and exporters are encouraged to continue filing in ACE or AES, as applicable, in advance of the September 20, 2016 transition date for mandatory ACE and AES filings as recently announced by NMFS. In December 2015, NMFS published a proposed rule that would require submission of the import and exports data and forms through ACE/AES. See 80 FR 81251 (December 29, 2015). For imports, these data elements and forms are set forth in the supplemental Customs and Trade Automated Interface Requirements (CATAIR) guidelines for NMFS. These specifications, including the CATAIR chapters can be found at the following link: http://www.cbp.gov/trade/ace/catair. For exports, the CBP Web page that contains the primary information on export requirements is: https://www.cbp.gov/trade/aes. Details on how to submit export data via AES are available at: https://www.cbp.gov/trade/aes/aestir/introduction-and-guidelines. NMFS published a final rule on August 3, 2016 (81 FR 51126) to require electronic entry and/or export filings in ACE/AES for fish and fish products [[Page 54561]] subject to permitting, reporting and recordkeeping requirements under these three programs: Highly Migratory Species International Trade Program (HMS), Antarctic Marine Living Resources Trade Monitoring Program (AMR), and the Tuna Tacking and Verification Program (TTVP). Importers, exporters, shippers and customs brokers should note that the NMFS final rule, effective September 20, 2016, requires ACE or AES electronic filings for imports and exports, respectively, including the message set, International Fisheries Trade Permit (IFTP) check, and DIS submissions. For information regarding imports of fish products regulated by NMFS and the data elements, forms and documentation required by NMFS, importers and customs brokers should consult the ITDS implementation guidelines for NMFS at: https://www.cbp.gov/document/guidance/nmfs-pga-message-set-guidelines. For exports, the PGA record formats are listed at: https://www.cbp.gov/document/guidance/aestir-draft-appendix-q-pga-record-formats. The Appendix Q Record Layout Key provides details how each record should be structured: https://www.cbp.gov/document/guidance/appendix-q-record-layout-key. NMFS Office of International Affairs and Seafood Inspection will host two public webinar meetings on August 18, 2016 and September 1, 2016, 2:30 p.m.-4:00 p.m. Eastern, to inform interested stakeholders about this regulation and its implementation. Instructions on how to join the webinars are provided at the following internet link: http://www.nmfs.noaa.gov/ia/slider_stories/2016/07/08022016_itds_final_rule.html. Dated: August 10, 2016. John Henderschedt, Director, Office for International Affairs and Seafood Inspection, National Marine Fisheries Service. [FR Doc. 2016-19458 Filed 8-15-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices 54559
commercial harvest of spiny lobster (50 or observers onboard the contract DEPARTMENT OF COMMERCE
CFR 622.2 and 622.405), and in South vessels during the sampling trips would
Atlantic Federal waters, black sea bass collect and record date and time of trap National Oceanic and Atmospheric
pots are allowed for the commercial deployment and retrieval, location, Administration
harvest of black sea bass, golden crab water depth, and collect biological RIN 0648–XE646
traps are allowed for the commercial samples. Video images would also be
harvest of golden crab, and crustacean used to assess the success of the trap Conclusion of National Marine
traps are allowed for the commercial designs as structures for attracting Fisheries Service International Trade
harvest of spiny lobster (50 CFR 622.2, lionfish. A percentage of the lionfish Data System Tests Concerning the
622.198, 622.248, 622.249, and Electronic Submission of Certain Data
catch would be retained for further
622.405). The EFP would exempt this Required for Fish Imports and Exports
biological sampling and analysis under
research activity from Federal
regulations at 50 CFR 622.9(c). the study, a percentage would be tagged AGENCY: National Marine Fisheries
The purpose of this study is to test the and released, and a percentage would be Service (NMFS), National Oceanic and
effectiveness of different trap designs in retained to promote lionfish as a food Atmospheric Administration (NOAA),
capturing lionfish in the Gulf and South source to the consumer. All other fish Commerce.
Atlantic with a goal of determining the species caught in the traps would be ACTION: Notice.
performance of traps as part of a lionfish released and returned to depth using
population control program. decompression devices; only lionfish SUMMARY: U.S. Customs and Border
Additionally, the project would collect would be retained in the project. Protection (CBP) and the National
information on lionfish population Marine Fisheries Service (NMFS)
The applicant has requested the EFP previously announced tests under the
distribution, density, and life-history be effective for a 1-year period from the
information. The applicant also National Customs Automation Program
date any EFP is issued. (NCAP) concerning the electronic
proposes to develop and utilize an
outreach and education program to The applicant is still in the process of transmission of certain data for NMFS-
further increase awareness about the obtaining funding for this research. regulated commodities through the
lionfish, its status as an invasive Therefore, further information regarding Automated Commercial Environment
species, efforts to control the spread of the specific locations for sampling, (ACE) and through the Automated
the population, and utilization of sampling methods and schedule, are not Export System (AES). The tests included
lionfish as a consumer food source. yet available. If, based on this additional electronic data submission for imports
The Association requests information, the permit as granted is (published in the Federal Register on
authorization to deploy four fish trap significantly different from the original June 5, 2015) and for exports (published
designs at reef sites in the Federal application, NMFS may publish in the Federal Register on June 3, 2016).
waters of the Gulf and South Atlantic to During the imports test, entry filers
notification in the Federal Register
target lionfish. Fish trap deployment in were able to use the Automated Broker
describing the exempted fishing to be Interface (ABI) and the Document Image
the Gulf would be off west central conducted under the EFP.
Florida (Tampa, FL), in the South System (DIS) to transmit the NMFS
Atlantic off east central Florida (Ponce NMFS finds this application warrants Partner Government Agency (PGA)
Inlet, FL) and South Carolina (Murrells further consideration based on a message data and forms required for
Inlet, SC), and in the Florida Keys. preliminary review. Possible conditions NMFS to make admissibility
As described in the application, the the agency may impose on this permit, determinations for entries subject to the
four fish trap designs to be tested are if they are granted, include but are not monitoring programs for tunas,
wood spiny lobster trap, wire basket limited to, a prohibition of conducting swordfish and toothfish, under the
spiny lobster trap, rectangular wire trap, research within marine protected areas, Highly Migratory Species International
and sea bass pot. All four designs would marine sanctuaries, special management Trade Program (HMS), the Antarctic
have biodegradable trap panels and zones, or artificial reefs without Marine Living Resources Trade
modified funnels not to exceed 4 by 7 additional authorization. Additionally, Monitoring Program (AMR), and the
inches (10 by 18 cm). Current project NMFS may require special protections Tuna Tacking and Verification Program
plans would have 25 of each of the 4 for species listed under the Endangered (TTVP). During the exports test,
trap types deployed on the seafloor in Species Act and their critical habitat. A exporters were able to use the
a combination resulting in 4 strings of final decision on issuance of the EFP Automated Export System (AES) and
25 traps per string at each of the four will depend on NMFS’ review of public the DIS to transmit the NMFS PGA data
locations twice per month during a 12- comments received on the application, and forms required for NMFS to collect
month period during the project. The consultations with the appropriate required information on exports subject
depth of trap deployment is expected to fishery management agencies of the to these same trade monitoring
be between 65 to 300 ft (20 to 91 m). programs.
affected states, the Gulf of Mexico and It has been determined that ACE and
Trap soak time will range from several
South Atlantic Fishery Management AES are capable of accepting NMFS-
hours to 2 weeks depending on trap
Councils, and the U.S. Coast Guard, and regulated electronic entries. NMFS
type and location. Setting and hauling
of the traps is expected to occur during a determination that they are consistent regulations effective on September 20,
daylight hours. Bait to be used in the with all applicable laws. 2016 (published on August 3, 2016) will
asabaliauskas on DSK3SPTVN1PROD with NOTICES
traps would include live lionfish, Authority: 16 U.S.C. 1801 et seq. require the use of ACE or AES, as
cowhide strips, and/or female lionfish Dated: August 11, 2016.
applicable, for electronic filings of
gonads. Sampling at each site would be regulated imports or exports of fish
Emily H. Menashes, products. Accordingly, CBP and NMFS
limited to 100 days per year.
Vessels to be used in the proposed Acting Director, Office of Sustainable announce that the NCAP tests are
study would be federally permitted Fisheries, National Marine Fisheries Service. ending on September 20, 2016. All
commercial fishing vessels under [FR Doc. 2016–19505 Filed 8–15–16; 8:45 am] importers and exporters of fish products
contract to the Association. Vessel crew BILLING CODE 3510–22–P regulated by NMFS are encouraged to
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![Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices 54561
subject to permitting, reporting and ACTION:Notice of regional peer review process under MSA 302(g)(1)(E), which
recordkeeping requirements under these processes. may include existing committees or
three programs: Highly Migratory panels, in the Federal Register. See 50
Species International Trade Program SUMMARY: NMFS is providing notice of
CFR 600.315(b)(4). This notice fulfills
(HMS), Antarctic Marine Living the regional peer review processes
that requirement and is an affirmation
Resources Trade Monitoring Program established pursuant to the Magnuson-
that the existing regional peer review
(AMR), and the Tuna Tacking and Stevens Fishery Conservation and
Management Act (MSA). This notice processes jointly commissioned by the
Verification Program (TTVP). Importers, Secretary and Council are consistent
exporters, shippers and customs brokers provides a summary of each regional
peer review process which has been with widely accepted peer review
should note that the NMFS final rule, standards and the NS2 guidelines,
effective September 20, 2016, requires jointly established by the Secretary and
the relevant regional fishery including requirements for public
ACE or AES electronic filings for transparency.
imports and exports, respectively, management council (Council) for
including the message set, International review of scientific information used to The NS2 guidelines provide guidance
Fisheries Trade Permit (IFTP) check, advise the Council about the and standards to establish a 302(g)(1)(E)
and DIS submissions. conservation and management of review process and adopts many of the
For information regarding imports of fisheries. It also directs the public to a OMB Peer Review Bulletin standards.
fish products regulated by NMFS and Web page where detailed guidelines can See 50 CFR 600.315(b). These standards
the data elements, forms and be found for each peer review process. emphasize the importance of expert
documentation required by NMFS, NMFS and the Councils may update qualifications; balance in knowledge
importers and customs brokers should those guidelines as necessary. and perspectives; lack of conflicts of
consult the ITDS implementation DATES: Effective August 16, 2016. interest; independence from the work
guidelines for NMFS at: https:// FOR FURTHER INFORMATION CONTACT: being reviewed; and transparency of the
www.cbp.gov/document/guidance/nmfs- William Michaels by phone 301–427– peer review process. The NS2
pga-message-set-guidelines. For exports, 8155, or by email: william.michaels@ guidelines specify that the degree of
the PGA record formats are listed at: noaa.gov. independence for a peer review may
https://www.cbp.gov/document/ SUPPLEMENTARY INFORMATION: Section vary depending of the novelty,
guidance/aestir-draft-appendix-q-pga- 301(a)(2) of the MSA specifies that controversy, and complexity of the
record-formats. The Appendix Q Record fishery conservation and management scientific information being reviewed.
Layout Key provides details how each measures shall be based upon the best For reviews requiring a high degree of
record should be structured: https:// scientific information available. 16 independence, the Center for
www.cbp.gov/document/guidance/ U.S.C. 1851(a)(2). Section 302(g)(1)(E) of Independent Experts (CIE) has often
appendix-q-record-layout-key. the MSA provides that the Secretary and been used as an independent selection
NMFS Office of International Affairs each Council may establish a peer
and Seafood Inspection will host two process for obtaining highly qualified
review process for that Council for experts to participate on review panels.
public webinar meetings on August 18, scientific information used to advise the
2016 and September 1, 2016, 2:30 p.m.– Further information on CIE and NS2 is
Council about the conservation and available at: https://
4:00 p.m. Eastern, to inform interested management of the fishery. 16 U.S.C.
stakeholders about this regulation and www.st.nmfs.noaa.gov/science-quality-
1852(g)(1)(E). Section 301(b) of the MSA
its implementation. Instructions on how assurance/index. The NS2 guidelines
states that the Secretary [of Commerce]
to join the webinars are provided at the also provide guidance on participation
shall establish advisory guidelines
following internet link: http:// (which shall not have the force and in the peer review process by members
www.nmfs.noaa.gov/ia/slider_stories/ effect of law), based on national of the Council’s Scientific and
2016/07/08022016_itds_final_rule.html. standards, to assist in the development Statistical Committee (SSC). This notice
Dated: August 10, 2016. of fishery management plans. 16 U.S.C. provides links to publicly available Web
John Henderschedt, 1851(b). These national standards pages that set forth detailed guidelines
include National Standard 2 (NS2), for each 302(g)(1)(E) peer review
Director, Office for International Affairs and
Seafood Inspection, National Marine which provides guidance on the best process. The guidelines may be updated
Fisheries Service. scientific information available (BSIA) as necessary and appropriate to improve
[FR Doc. 2016–19458 Filed 8–15–16; 8:45 am] standard, including guidance on the review processes. Although not
BILLING CODE 3510–22–P standards for establishing a peer review within the scope of this notice, there are
process per MSA section 302(g)(1)(E). other important processes, including
The NS2 guidelines appear at 50 CFR peer review, that are used by NMFS to
DEPARTMENT OF COMMERCE 600.315. inform fishery conservation and
The decision to establish a management that are not jointly
National Oceanic and Atmospheric 302(g)(1)(E) peer review process is a established by the Secretary and
Administration joint decision made by the Secretary Council pursuant to section 302(g)(1)(E),
and a Council. If the Secretary and a such as peer reviews pertaining to
RIN 0648–XE668 Council establish such a process, it will scientific information supporting
be deemed to satisfy the requirements of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Magnuson-Stevens Act Provisions; international fisheries management
National Standard 2—Scientific the Information Quality Act (44 U.S.C. agreements.
Information; Regional Peer Review 3516), including the Office of
Management and Budget (OMB) Final Description of Regional Peer Review
Processes Processes. Five regional peer review
Information Quality Bulletin for Peer
AGENCY: National Marine Fisheries Review (70 FR 2664, January 14, 2005). processes have been established jointly
Service (NMFS); National Oceanic and 16 U.S.C. 1852(g)(1)(E). Under the NS2 by the Secretary and Councils pursuant
Atmospheric Administration (NOAA); guidelines, the Secretary will announce to MSA section 302(g)(1)(E); an
Commerce. the establishment of a peer review overview of each is provided below.
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Document Created: 2016-08-16 03:20:20
Document Modified: 2016-08-16 03:20:20
| 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 | Notice. | |
| Dates | The NMFS ACE and AES tests conclude on September 20, 2016. ACE entries and AES export declarations for NMFS-regulated products may be continued until the conclusion of the tests. For NMFS regulated fishery products, use of ACE and AES to file electronically is required beginning September 20, 2016. | |
| Contact | For technical questions related to the Automated Commercial Environment (ACE), ABI transmissions, or AES, contact your assigned CBP client representative. Interested parties without an assigned client representative should direct their questions to Steven Zaccaro at [email protected] For PGA reporting related questions, contact Emi Wallace (CBP) at mailto:[email protected] and for NMFS program related questions contact Dale Jones (NMFS) at [email protected] | |
| FR Citation | 81 FR 54559 | |
| RIN Number | 0648-XE64 |
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