81 FR 60022 - Electronic Collection and Transfer of Import Information: Cessation of PGA Message Set Pilot Program

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range		60022-60022
FR Document		2016-20939

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announces cessation of the pilot program that tested the transfer of data between the Participating Government Agency (PGA) Message Set in the Automated Commercial Environment (ACE) and ATF's Web-based data analytics system. ACE is the Web-based portal for the collection and use of international trade data maintained by U.S. Customs and Border Protection (CBP). The PGA Message Set is the data related to merchandise regulated by an agency, such as ATF, that CBP will receive electronically from importers for its use as well as for the PGA's use. The data enables ATF to determine the actual items imported. Although this notice announces the cessation of the pilot program, the mandatory filing date for filing entries in ACE has yet to be determined.

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Page 60022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20939]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

[Docket No. ATF 2015R-15]


Electronic Collection and Transfer of Import Information: 
Cessation of PGA Message Set Pilot Program

AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department 
of Justice.

ACTION: Notice.

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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 
announces cessation of the pilot program that tested the transfer of 
data between the Participating Government Agency (PGA) Message Set in 
the Automated Commercial Environment (ACE) and ATF's Web-based data 
analytics system. ACE is the Web-based portal for the collection and 
use of international trade data maintained by U.S. Customs and Border 
Protection (CBP). The PGA Message Set is the data related to 
merchandise regulated by an agency, such as ATF, that CBP will receive 
electronically from importers for its use as well as for the PGA's use. 
The data enables ATF to determine the actual items imported. Although 
this notice announces the cessation of the pilot program, the mandatory 
filing date for filing entries in ACE has yet to be determined.

DATES: This notice is effective on August 31, 2016.

FOR FURTHER INFORMATION CONTACT: William E. Majors, Chief, Firearms and 
Explosives Imports Branch, Firearms and Explosives Services Division, 
Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms 
and Explosives; U.S. Department of Justice; 244 Needy Road, 
Martinsburg, WV 25401; telephone (304) 616-4589, fax: (304) 616-4551, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: ATF participated in a voluntary CBP pilot 
program of the International Trade Data System (ITDS) involving the use 
of the PGA Message Set in ACE. See 80 FR 45548 (July 30, 2015). The 
pilot allowed importers to submit required data to CBP through ACE for 
the purposes of obtaining CBP release and receipt. CBP validated that 
information electronically, and electronically transmitted entry and 
release information to ATF for purposes of satisfying certification 
requirements. The pilot program confirmed the efficiency and 
effectiveness of digitizing traditional, manual paperwork. While the 
pilot has been suspended, the mandatory filing date for filing entries 
in ACE has yet to be determined.
    Importers should be aware that no changes have been made to the 
requirement that importers submit their copy of the Form 6A (with 
Sections I and III completed) to ATF within 15 days of release from CBP 
custody.

Thomas E. Brandon,
ATF Deputy Director.
[FR Doc. 2016-20939 Filed 8-30-16; 8:45 am]
 BILLING CODE 4410-FY-P

60022 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

Quinn Emanuel attorneys subsequently attorneys in the same investigation; and U.S. Customs and Border Protection
sent the incompletely redacted expert multiple breaches by Quinn Emanuel (CBP). The PGA Message Set is the data
report to unauthorized persons at attorneys in a two-year period. The related to merchandise regulated by an
Samsung and other law and consulting Commission also considered several agency, such as ATF, that CBP will
firms on several occasions. Some of the mitigating factors, including the receive electronically from importers for
non-signatory recipients further inadvertent nature of the breaches; its use as well as for the PGA’s use. The
disseminated the CBI to other non- Quinn Emanuel’s recent data enables ATF to determine the
signatories, including an Italian court. implementation of a firm-wide policy to actual items imported. Although this
One of the incidents involved a partner help prevent unauthorized disclosures; notice announces the cessation of the
at Quinn Emanuel emailing more than Quinn Emanuel’s prompt and strenuous pilot program, the mandatory filing date
90 Samsung employees with efforts to investigate, cure, and prevent for filing entries in ACE has yet to be
instructions on how to access the further breaches; and the fact that a
incompletely redacted expert report on determined.
federal district court has already
an FTP site. Another incident involved sanctioned the disclosures and conduct DATES:This notice is effective on
a second associate who failed to underlying the breaches relating to the August 31, 2016.
safeguard CBI by improperly confirming expert report.
the redactions. In another incident, the Although Quinn Emanuel had FOR FURTHER INFORMATION CONTACT:
same junior associate who made the procedures to prevent unauthorized William E. Majors, Chief, Firearms and
original redactions discovered that an disclosures, the firm did not ensure that Explosives Imports Branch, Firearms
incompletely redacted report had been attorneys complied with those and Explosives Services Division,
inadvertently disclosed to a Samsung procedures and made unilateral Enforcement Programs and Services;
employee and alerted the second decisions regarding the APO’s scope Bureau of Alcohol, Tobacco, Firearms
associate and a supervising partner. and requirements. The large number and Explosives; U.S. Department of
Although the Samsung employee and the vast extent of the unauthorized Justice; 244 Needy Road, Martinsburg,
deleted the report without viewing the disclosures show that the failure to WV 25401; telephone (304) 616–4589,
CBI, the second associate later sent a safeguard CBI was a pervasive problem fax: (304) 616–4551, or email:
revised version that still contained CBI. at Quinn Emanuel. William.Majors@atf.gov.
No one at Quinn Emanuel notified The authority for the Commission’s
Apple or the Commission of the determination is contained in section SUPPLEMENTARY INFORMATION: ATF
disclosure at the time. No other efforts 337 of the Tariff Act of 1930, as participated in a voluntary CBP pilot
were made to investigate whether other amended (19 U.S.C. 1337), and in Part program of the International Trade Data
disclosures had been made so as to 210 of the Commission’s Rules of System (ITDS) involving the use of the
prevent further disclosures. As a result, Practice and Procedure (19 CFR part PGA Message Set in ACE. See 80 FR
the unauthorized disclosures continued. 210). 45548 (July 30, 2015). The pilot allowed
In connection with the investigation
By order of the Commission. importers to submit required data to
before the Commission, a mid-level
associate at Quinn Emanuel failed to Issued: August 25, 2016. CBP through ACE for the purposes of
redact the same CBI from an outline for Lisa R. Barton, obtaining CBP release and receipt. CBP
a brief on remedy and the public Secretary to the Commission. validated that information
interest. Quinn Emanuel attorneys [FR Doc. 2016–20869 Filed 8–30–16; 8:45 am] electronically, and electronically
subsequently sent versions of the BILLING CODE 7020–02–P
transmitted entry and release
outline and the public interest brief information to ATF for purposes of
containing CBI to unauthorized persons satisfying certification requirements.
at Samsung and other law firms on DEPARTMENT OF JUSTICE The pilot program confirmed the
several occasions. A partner at Quinn efficiency and effectiveness of digitizing
Emanuel discovered one such Bureau of Alcohol, Tobacco, Firearms, traditional, manual paperwork. While
disclosure, but did not notify Apple or and Explosives the pilot has been suspended, the
the Commission at the time because he mandatory filing date for filing entries
[Docket No. ATF 2015R–15]
had acted promptly after the discovery in ACE has yet to be determined.
to prevent unauthorized persons from Electronic Collection and Transfer of Importers should be aware that no
viewing CBI. Import Information: Cessation of PGA
A third party filed a motion for a changes have been made to the
Message Set Pilot Program requirement that importers submit their
protective order in the district court
action, alleging that Samsung had AGENCY: Bureau of Alcohol, Tobacco, copy of the Form 6A (with Sections I
obtained CBI. Quinn Emanuel notified Firearms and Explosives, Department of and III completed) to ATF within 15
the Commission of certain of the Justice. days of release from CBP custody.
disclosures a month later, and two ACTION: Notice. Thomas E. Brandon,
weeks after it had notified the third
party of the same disclosures. SUMMARY: The Bureau of Alcohol, ATF Deputy Director.
The Commission considered several Tobacco, Firearms and Explosives (ATF) [FR Doc. 2016–20939 Filed 8–30–16; 8:45 am]
aggravating factors, including the announces cessation of the pilot BILLING CODE 4410–FY–P
viewing of CBI by unauthorized program that tested the transfer of data
mstockstill on DSK3G9T082PROD with NOTICES

persons; the discovery of the breaches between the Participating Government
by a third party; Quinn Emanuel’s Agency (PGA) Message Set in the
failure and delay in reporting to the Automated Commercial Environment
Commission the disclosures when they (ACE) and ATF’s Web-based data
were discovered; the lengthy period of analytics system. ACE is the Web-based
time in which CBI was unprotected; portal for the collection and use of
multiple breaches by Quinn Emanuel international trade data maintained by

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Document Created: 2018-02-02 12:14:51
Document Modified: 2018-02-02 12:14:51

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		This notice is effective on August 31, 2016.
Contact		William E. Majors, Chief, Firearms and Explosives Imports Branch, Firearms and Explosives Services Division, Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Department of Justice; 244 Needy Road, Martinsburg, WV 25401; telephone (304) 616-4589, fax: (304) 616-4551, or email: [email protected]
FR Citation		81 FR 60022

81 FR 60022 - Electronic Collection and Transfer of Import Information: Cessation of PGA Message Set Pilot Program

DEPARTMENT OF JUSTICEBureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 81, Issue 169 (August 31, 2016)

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives