81_FR_7160 81 FR 7133 - Modification of National Customs Automation Program Test Concerning the Automated Commercial Environment Partner Government Agency Message Set Regarding the Toxic Substances Control Act Certification Required by the Environmental Protection Agency

81 FR 7133 - Modification of National Customs Automation Program Test Concerning the Automated Commercial Environment Partner Government Agency Message Set Regarding the Toxic Substances Control Act Certification Required by the Environmental Protection Agency

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

Federal Register Volume 81, Issue 27 (February 10, 2016)

Page Range7133-7137
FR Document2016-02716

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 of data to the Automated Commercial Environment (ACE), known as the Partner Government Agency (PGA) Message Set test. This modification expands the use of the ACE PGA Message Set for the transmission of Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) certification data. CBP invites public comment concerning the test program.

Federal Register, Volume 81 Issue 27 (Wednesday, February 10, 2016)
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7133-7137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02716]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency

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 of data to the 
Automated Commercial Environment (ACE), known as the Partner Government 
Agency (PGA) Message Set test. This modification expands the use of the 
ACE PGA Message Set for the transmission of Environmental Protection 
Agency (EPA) Toxic Substances Control Act (TSCA) certification data. 
CBP invites public comment concerning the test program.

DATES: The modified PGA Message Set test will commence no earlier than 
February 10, 2016, 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 EPA TSCA PGA Message Set Test FRN''.

FOR FURTHER INFORMATION CONTACT: For EPA-related PGA Message Set test 
questions, interested parties should send an email message to Loraine 
Passe, at [email protected], and they should also send a copy of 
that message to their assigned CBP client representative. Interested 
parties without an assigned CBP client representative should direct 
their questions to Steven Zaccaro at [email protected] with 
the subject heading ``PGA Message Set EPA Test FRN-Request to 
Participate''.

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 initial 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 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.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XIII, ``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

[[Page 7134]]

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 Test

    On December 13, 2013, CBP published in the Federal Register a 
notice announcing an NCAP test called the 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''), Public 
Law 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. 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.
    This document announces CBP's plan to expand the PGA Message Set to 
allow for the transmission of a certification required by the EPA 
concerning chemical substances imported in bulk or as part of a 
mixture, or articles containing a chemical substance or mixture 
(collectively referred to hereinafter as ``chemical substances''). The 
importation of chemical substances is governed by the Toxic Substances 
Control Act (``TSCA'') (15 U.S.C. 2601 et seq.), and by regulations 
issued under the authority of section 13(b) of TSCA (15 U.S.C. 2612(b)) 
by the Secretary of the Treasury in consultation with the Administrator 
of the Environmental Protection Agency. 19 CFR 12.118. The Secretary of 
the Treasury shall refuse entry of chemical substances offered for 
entry in violation of, or not in compliance with rules and orders 
issued under the TSCA.
    The regulations implementing TSCA are contained in Sec. Sec.  
12.118 through 12.127 and Sec.  127.28 of the CBP Regulations (19 CFR 
12.118 through 12.127 and 127.28). Importers (or authorized agents of 
importers) of chemical substances are required to certify either that 
all chemicals in a shipment are subject to TSCA and comply with all 
applicable rules and orders or that the chemical shipment is not 
subject to TSCA. See 19 CFR 12.121(a)(1). Generally, this TSCA 
certification must be filed with the director of the port of entry 
before release of the shipment and must appear as a typed or stamped 
statement on an appropriate entry document or as an attachment to that 
entry document. See 19 CFR 12.121(a)(2).
    CBP is expanding the use of the PGA Message set to include the 
required TSCA certification. Filers will be required to electronically 
transmit the certification required in 19 CFR 12.121(a)(1) indicating 
either that the chemical substances in the shipment comply with TSCA 
and all applicable rules and orders or that the chemical substances in 
the shipment are not subject to TSCA. The technical requirements for 
submitting the EPA required TSCA certification can be found on the Web 
site: http://www.cbp.gov/trade/ace/features. Select the ``PGA 
Integration'' tab, click ``ACE Customs and Trade Automated Interface 
Requirements (CATAIR)'' under the Technical column, select the ``PGA 
Message Set'' and then scroll down for EPA-specific CATAIR guidelines 
and message set samples.
    The test applies to all modes of transportation and will be in 
effect at all ports. During this test, participants will collaborate 
with CBP and the EPA to examine the effectiveness of the single window 
capability.

III. Test Participant Responsibilities

    PGA Message Set test participants will be required to:
     Transmit the EPA-required TSCA certification 
electronically once through the single window for use by both CBP and 
the EPA, using the PGA Message Set;
     Transmit the required information 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 EPA;
     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).

IV. Waiver of Regulation Under the Test

    For purposes of this test, 19 CFR 12.118 through 12.127 and Sec.  
127.28 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 TSCA certification. In its place, test participants are 
required to transmit electronically the data elements via the PGA 
Message Set and any 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

[[Page 7135]]

appendix to part 163 (commonly known as the ``(a)(1)(A) list'').

V. Eligibility Criteria

    As announced in this notice, the use of the PGA Message Set test is 
expanding to accept EPA-required TSCA certification data and supporting 
documentation. 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 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. 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.

VI. Application Process

    Any parties seeking to participate in the modified PGA Message Set 
test concerning EPA TSCA data should send an email message to Loraine 
Passe, at [email protected], and they should also send a copy of 
that message to their assigned CBP client representative. Interested 
parties without an assigned CBP client representative should submit an 
email to Steven Zaccaro at [email protected] with the 
subject heading ``PGA Message Set EPA Test FRN-Request to 
Participate''.
    CBP client representatives will work with test participants to 
provide information regarding the transmission of this data. CBP will 
begin to accept applications on February 10, 2016 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. An applicant providing incomplete 
information, or otherwise not meeting participation requirements, will 
be notified by email and given the opportunity to resubmit its 
application.

VII. Test Duration

    The modified test will begin no earlier than February 10, 2016 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 the EPA-required TSCA certification and 
the processing of entries for chemical substances and mixtures. 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)).

VIII. 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.

IX. Paperwork Reduction Act

    The collection of information in this test modification regarding 
the required TSCA certification has been reviewed by the Office of 
Management and Budget (OMB) in accordance with the requirements of the 
Paperwork Reduction Act (44 U.S.C. 3507). OMB has determined that the 
TSCA certification is exempt from the Paperwork Reduction Act. 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.

X. 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.

XI. 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 Executive Director, ABO, Office 
of International Trade by emailing [email protected].
    The 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 when 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 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.

XII. PGA Programs Accepting Data Through the ACE PGA Message Set Test

    Information about PGA participation in ACE, current operational 
capabilities, and plans for future enhancements are available on this 
Web site: http://www.cbp.gov/trade/ace/features. Select the ``PGA 
Integration'' tab and click ``ACE PGA Forms List'' under the References 
column for more information on agencies with pilots in preparation for 
electronic filing.

[[Page 7136]]

XIII. 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).
     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).
     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 (August 10, 2015).
     Modification 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): 80 FR 
52051 (August 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
     Animal and Plant Health Inspection Service: International 
Trade Data System Test Concerning the Electronic Submission to the 
Automated Commercial Environment of Data Using the Partner Government 
Agency Message Set: 80 FR 59721 (October 2, 2015).
     Automated Commercial Environment (ACE) Filings for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry): 80 FR 
61278 (October 13, 2015).

[[Page 7137]]

     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 
63576 (October 20, 2015).
     Announcement of the Modification of the National Customs 
Automation Program Test Concerning the Automated Commercial Environment 
Portal Account To Establish the Exporter Portal Account: 80 FR 63817 
(October 21, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Entry Summary, 
Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 
and 52 and Certain Modes of Transportation: 80 FR 63815 (October 21, 
2015).

    Dated: February 5, 2016.
Brenda B. Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2016-02716 Filed 2-9-16; 8:45 am]
 BILLING CODE 9111-14-P



                                                                               Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices                                            7133

                                                     when necessary, in response to specific                 email submittals will receive email                   representative. Interested parties
                                                     U.S. Coast Guard taskings.                              receipt confirmation.                                 without an assigned CBP client
                                                       Each Towing Safety Advisory                             Dated: February 5, 2016.                            representative should direct their
                                                     Committee member serves a term of                       J.G. Lantz,                                           questions to Steven Zaccaro at
                                                     office of up to 3 years. Members may be                                                                       steven.j.zaccaro@cbp.dhs.gov with the
                                                                                                             Director of Commercial Regulations and
                                                     considered to serve an additional                       Standards, United States Coast Guard.                 subject heading ‘‘PGA Message Set EPA
                                                     consecutive term. All members serve                                                                           Test FRN-Request to Participate’’.
                                                                                                             [FR Doc. 2016–02671 Filed 2–9–16; 8:45 am]
                                                     without compensation from the Federal                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                             BILLING CODE 9110–04–P
                                                     Government; however, upon request,
                                                     they may receive travel reimbursement                                                                         Background
                                                     and per diem.                                                                                                   The National Customs Automation
                                                                                                             DEPARTMENT OF HOMELAND
                                                       We will consider applications for the                                                                       Program (NCAP) was established by
                                                                                                             SECURITY
                                                     following six positions that will be                                                                          Subtitle B of Title VI—Customs
                                                     vacant on September 30, 2016:                           U.S. Customs and Border Protection                    Modernization, in the North American
                                                       1. Three positions representing the Barge                                                                   Free Trade Agreement Implementation
                                                     and Towing Industry (reflecting a regional              Modification of National Customs                      Act (Pub. L. 103–182, 107 Stat. 2057,
                                                     geographical balance);                                  Automation Program Test Concerning                    December 8, 1993) (Customs
                                                       2. One position representing port districts,          the Automated Commercial                              Modernization Act). See 19 U.S.C. 1411.
                                                     port authorities or terminal operators;                 Environment Partner Government                        Through NCAP, the initial thrust of
                                                       3. One position representing licensed or              Agency Message Set Regarding the                      customs modernization was on trade
                                                     unlicensed towing vessel engineers with                 Toxic Substances Control Act                          compliance and the development of the
                                                     formal training and experience;                         Certification Required by the                         Automated Commercial Environment
                                                       4. One position representing shippers (at                                                                   (ACE), the planned successor to the
                                                                                                             Environmental Protection Agency
                                                     least one who represents the carriage of oil
                                                     or hazardous materials).
                                                                                                                                                                   legacy Customs Automated Commercial
                                                                                                             AGENCY:  U.S. Customs and Border                      System (ACS). ACE is an automated and
                                                        To be eligible, applicants should have               Protection, Department of Homeland                    electronic system for commercial trade
                                                     particular expertise, knowledge, and                    Security.                                             processing.
                                                     experience regarding shallow-draft                      ACTION: General notice.                                 ACE will streamline business
                                                     inland and coastal waterway navigation                                                                        processes, facilitate growth in trade,
                                                     and towing safety.                                      SUMMARY:    This document announces
                                                                                                             U.S. Customs and Border Protection’s                  ensure cargo security, and foster
                                                        Registered lobbyists are not eligible to                                                                   participation in global commerce, while
                                                     serve on federal advisory committees.                   (CBP’s) plan to modify the National
                                                                                                             Customs Automation Program (NCAP)                     ensuring compliance with U.S. laws and
                                                     See ‘‘Revised Guidance on Appointment                                                                         regulations and reducing costs for CBP
                                                     of Lobbyists to Federal Advisory                        test concerning the transmission of
                                                                                                             electronic filings of data to the                     and all its communities of interest. The
                                                     Committees, Boards, and Commissions’’                                                                         ability to meet these objectives depends
                                                     (79 FR 47482, August 13, 2014).                         Automated Commercial Environment
                                                                                                             (ACE), known as the Partner                           upon successfully modernizing CBP’s
                                                     Registered lobbyists are lobbyists                                                                            business functions and the information
                                                     required to comply with provisions                      Government Agency (PGA) Message Set
                                                                                                             test. This modification expands the use               technology that supports those
                                                     contained in the Lobbying Disclosure                                                                          functions. CBP’s modernization efforts
                                                                                                             of the ACE PGA Message Set for the
                                                     act of 1995 (2 U.S.C. 1605; Pub. L. 104–                                                                      are accomplished through phased
                                                                                                             transmission of Environmental
                                                     65 as amended by Title II of Pub. L.                                                                          releases of ACE component
                                                                                                             Protection Agency (EPA) Toxic
                                                     110–81).                                                                                                      functionality, designed to introduce a
                                                        In an effort to maintain a geographic                Substances Control Act (TSCA)
                                                                                                             certification data. CBP invites public                new capability or to replace a specific
                                                     balance of membership, we are                                                                                 legacy ACS function. Each release will
                                                     encouraging representatives from tug                    comment concerning the test program.
                                                                                                                                                                   begin with a test, and will end with
                                                     and barge companies operating on the                    DATES: The modified PGA Message Set
                                                                                                                                                                   mandatory compliance with the new
                                                     Western Rivers to apply for                             test will commence no earlier than
                                                                                                                                                                   ACE feature, thus retiring the legacy
                                                     representation on the Committee.                        February 10, 2016, and will continue
                                                                                                                                                                   ACS function. Each release builds on
                                                        The Department of Homeland                           until concluded by way of
                                                                                                                                                                   previous releases, and sets the
                                                     Security does not discriminate in                       announcement in the Federal Register.
                                                                                                                                                                   foundation for subsequent releases.
                                                     employment on the basis of race, color,                 Comments will be accepted through the                   For the convenience of the public, a
                                                     religion, sex, national origin, political               duration of the test.                                 chronological listing of Federal Register
                                                     affiliation, sexual orientation, gender                 ADDRESSES: Comments concerning this                   publications detailing ACE test
                                                     identity, marital status, disability and                notice and any aspect of this test may                developments is set forth below in
                                                     genetic information, age, membership in                 be submitted at any time during the test              Section XIII, ‘‘Development of ACE
                                                     an employee organization, or any other                  via email to Josephine Baiamonte, ACE                 Prototypes’’. The procedures and
                                                     non-merit factor. The Department of                     Business Office (ABO), Office of                      criteria related to participation in the
                                                     Homeland Security strives to achieve a                  International Trade, at                               previous ACE notices remain in effect
                                                     widely diverse candidate pool for all of                josephine.baiamonte@cbp.dhs.gov. In                   unless otherwise explicitly changed by
                                                     its recruitment selections.                             the subject line of your email, please                this or subsequent notices published in
                                                                                                             indicate, ‘‘Comment on EPA TSCA PGA
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                                                        If you are interested in applying to                                                                       the Federal Register.
                                                     become a member of the Committee,                       Message Set Test FRN’’.
                                                     send your cover letter and resume to                    FOR FURTHER INFORMATION CONTACT: For                  I. Authorization for the Test
                                                     William J. Abernathy, Alternate                         EPA-related PGA Message Set test                         The Customs Modernization Act
                                                     Designated Federal Officer of the                       questions, interested parties should                  provides the Commissioner of CBP with
                                                     Towing Safety Advisory Committee via                    send an email message to Loraine Passe,               authority to conduct limited test
                                                     one of the transmittal methods in the                   at Passe.Loraine@epa.gov, and they                    programs or procedures designed to
                                                     ADDRESSES section by the deadline in                    should also send a copy of that message               evaluate planned components of the
                                                     the DATES section of this notice. All                   to their assigned CBP client                          NCAP. This test is authorized pursuant


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                                                     7134                      Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices

                                                     to section 101.9(b) of title 19 of the Code             published the announcement that it had                Message Set’’ and then scroll down for
                                                     of Federal Regulations (19 CFR 101.9(b))                broadened the PGA Message Set test to                 EPA-specific CATAIR guidelines and
                                                     which provides for the testing of NCAP                  accept additional PGA data elements for               message set samples.
                                                     programs or procedures. See Treasury                    the EPA, for type ‘‘01’’ (consumption)                   The test applies to all modes of
                                                     Decision (T.D.) 95–21.                                  and type ‘‘11’’ (informal) commercial                 transportation and will be in effect at all
                                                                                                             entries filed at specified ports. See 80              ports. During this test, participants will
                                                     II. Partner Government Agency
                                                                                                             FR 6098.                                              collaborate with CBP and the EPA to
                                                     Message Set Test                                           This document announces CBP’s plan                 examine the effectiveness of the single
                                                        On December 13, 2013, CBP                            to expand the PGA Message Set to allow                window capability.
                                                     published in the Federal Register a                     for the transmission of a certification
                                                     notice announcing an NCAP test called                   required by the EPA concerning                        III. Test Participant Responsibilities
                                                     the PGA Message Set test. See 78 FR                     chemical substances imported in bulk or                 PGA Message Set test participants
                                                     75931. This test is in furtherance of key               as part of a mixture, or articles                     will be required to:
                                                     CBP International Trade Data System                     containing a chemical substance or                      • Transmit the EPA-required TSCA
                                                     (ITDS) initiatives, as provided in the                  mixture (collectively referred to                     certification electronically once through
                                                     Security and Accountability For Every                   hereinafter as ‘‘chemical substances’’).              the single window for use by both CBP
                                                     Port Act of 2006 (‘‘SAFE Port Act’’),                   The importation of chemical substances                and the EPA, using the PGA Message
                                                     Public Law 109–347, 120 Stat. 1884 (19                  is governed by the Toxic Substances                   Set;
                                                     U.S.C. 1411(d)), to achieve the vision of               Control Act (‘‘TSCA’’) (15 U.S.C. 2601 et               • Transmit the required information
                                                     ACE as the ‘‘single window’’ for the                    seq.), and by regulations issued under                only as part of an ACE Entry Summary
                                                     Government and trade community. ACE                     the authority of section 13(b) of TSCA                certified for cargo release;
                                                     will automate and enhance the                           (15 U.S.C. 2612(b)) by the Secretary of                 • Transmit import filings to CBP via
                                                     interaction between international trade                 the Treasury in consultation with the                 ABI in response to a request for
                                                     partners, CBP, and PGAs by facilitating                 Administrator of the Environmental                    documentation or in response to a
                                                     electronic collection, processing,                      Protection Agency. 19 CFR 12.118. The                 request for release information for
                                                     sharing, and review of trade data and                   Secretary of the Treasury shall refuse                certified ACE Cargo Release;
                                                     documents required by Federal agencies                  entry of chemical substances offered for
                                                     during the cargo import and export                                                                              • Only transmit to CBP information
                                                                                                             entry in violation of, or not in
                                                     process. The use of ACE to process trade                                                                      that has been requested by CBP or EPA;
                                                                                                             compliance with rules and orders issued
                                                     data will significantly increase                                                                                • Use a software program that has
                                                                                                             under the TSCA.
                                                     efficiency and reduce costs compared to                    The regulations implementing TSCA                  completed ACE certification testing for
                                                     the traditional manual method of                        are contained in §§ 12.118 through                    the PGA Message Set; and
                                                     processing of paper forms.                              12.127 and § 127.28 of the CBP                          • Take part in a CBP evaluation of
                                                        The PGA Message Set is the data                      Regulations (19 CFR 12.118 through                    this test.
                                                     required to satisfy the PGAs’ reporting                 12.127 and 127.28). Importers (or                       Participants are reminded that they
                                                     requirements. ACE will enable the trade                 authorized agents of importers) of                    should only file documents that CBP
                                                     community to submit trade-related data                  chemical substances are required to                   can accept electronically. The
                                                     required by the PGAs only once to CBP,                  certify either that all chemicals in a                documents CBP can accept
                                                     thus improving communications                           shipment are subject to TSCA and                      electronically are listed under the
                                                     between agencies and filers, and                        comply with all applicable rules and                  Document Image System (DIS) tab of the
                                                     shortening entry processing time. This                  orders or that the chemical shipment is               ACE Features page on the Web site
                                                     data must be submitted at any time prior                not subject to TSCA. See 19 CFR                       http://www.cbp.gov/trade/ace/features,
                                                     to the arrival of the merchandise on the                12.121(a)(1). Generally, this TSCA                    and, for participants using ABI, in the
                                                     conveyance transporting the cargo to the                certification must be filed with the                  PGA Message Set part of the CATAIR.
                                                     United States as part of the ACE Cargo                  director of the port of entry before                  When CBP cannot accept additional
                                                     Release process. The data will be                       release of the shipment and must appear               information electronically, the filer
                                                     validated and made available to the                     as a typed or stamped statement on an                 must file the additional information by
                                                     relevant PGAs involved in import,                       appropriate entry document or as an                   paper. See 78 FR 75931 at 75934–35
                                                     export, and transportation-related                      attachment to that entry document. See                (December 13, 2013), for information on
                                                     decision making. The data will satisfy                  19 CFR 12.121(a)(2).                                  Confidentiality (Section XIII) and
                                                     the filer’s obligation to make entry and                   CBP is expanding the use of the PGA                Misconduct under the PGA Message Set
                                                     will allow for earlier release decisions                Message set to include the required                   Test (Section XIV).
                                                     and more certainty for the importer in                  TSCA certification. Filers will be
                                                                                                                                                                   IV. Waiver of Regulation Under the
                                                     determining the logistics of cargo                      required to electronically transmit the
                                                                                                                                                                   Test
                                                     delivery. Also, by virtue of being                      certification required in 19 CFR
                                                     electronic, the PGA Message Set will                    12.121(a)(1) indicating either that the                  For purposes of this test, 19 CFR
                                                     eliminate the necessity for the                         chemical substances in the shipment                   12.118 through 12.127 and § 127.28 will
                                                     submission and subsequent manual                        comply with TSCA and all applicable                   be waived for test participants only
                                                     processing of paper documents.                          rules and orders or that the chemical                 insofar as eliminating any requirement
                                                        The December 2013 Federal Register                   substances in the shipment are not                    that may appear in these regulations to
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                                                     notice announced that ACE would be                      subject to TSCA. The technical                        file a paper version of the TSCA
                                                     accepting certain PGA data elements for                 requirements for submitting the EPA                   certification. In its place, test
                                                     the Environmental Protection Agency                     required TSCA certification can be                    participants are required to transmit
                                                     (EPA) and the U.S. Department of                        found on the Web site: http://                        electronically the data elements via the
                                                     Agriculture, Food Safety and Inspection                 www.cbp.gov/trade/ace/features. Select                PGA Message Set and any supporting
                                                     Service (FSIS) for type ‘‘01’’                          the ‘‘PGA Integration’’ tab, click ‘‘ACE              documents via DIS. This document does
                                                     (consumption) and type ‘‘11’’ (informal)                Customs and Trade Automated Interface                 not waive any recordkeeping
                                                     commercial entries filed at specified                   Requirements (CATAIR)’’ under the                     requirements found in part 163 of title
                                                     ports. On February 4, 2015, CBP                         Technical column, select the ‘‘PGA                    19 of the CFR (19 CFR part 163) and the


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                                                                               Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices                                            7135

                                                     appendix to part 163 (commonly known                    published in the Federal Register and                 privileges, the test participant will be
                                                     as the ‘‘(a)(1)(A) list’’).                             the Customs Bulletin as required by                   provided a written notice proposing the
                                                                                                             section 101.9(b)(2) of the CBP                        discontinuance with a description of the
                                                     V. Eligibility Criteria
                                                                                                             regulations (19 CFR 101.9(b)(2)).                     facts or conduct warranting the action.
                                                        As announced in this notice, the use                                                                       The test participant will be offered the
                                                     of the PGA Message Set test is                          VIII. Comments
                                                                                                                                                                   opportunity to appeal the Director’s
                                                     expanding to accept EPA-required                          All interested parties are invited to               decision in writing within 10 calendar
                                                     TSCA certification data and supporting                  comment on any aspect of this test at                 days of receipt of the written notice. The
                                                     documentation. All other eligibility                    any time. CBP requests comments and                   appeal must be submitted to Executive
                                                     criteria as specified in prior PGA                      feedback on all aspects of this test,                 Director, ABO, Office of International
                                                     Message Set test notices remain the                     including the design, conduct, and                    Trade by emailing Deborah.Augustin@
                                                     same. To be eligible to apply for this                  implementation of the test, in order to               cbp.dhs.gov.
                                                     modification of the PGA Message Set                     determine whether to modify, alter,                      The Executive Director will issue a
                                                     test, the applicant must be a self-filing               expand, limit, continue, end, or fully                decision in writing on the proposed
                                                     importer who has the ability to file ACE                implement this program.                               action within 30 working days after
                                                     Entry Summaries certified for cargo                                                                           receiving a timely filed appeal from the
                                                     release or a broker who has the ability                 IX. Paperwork Reduction Act
                                                                                                                                                                   test participant. If no timely appeal is
                                                     to file ACE Entry Summaries certified                     The collection of information in this               received, the proposed notice becomes
                                                     for cargo release. CBP will accept an                   test modification regarding the required              the final decision of the Agency as of
                                                     unlimited number of participants for the                TSCA certification has been reviewed                  the date that the appeal period expires.
                                                     test. Test applicants must meet the                     by the Office of Management and                       A proposed discontinuance of a test
                                                     eligibility criteria described in this                  Budget (OMB) in accordance with the                   participant’s privileges will not take
                                                     document to participate in the test                     requirements of the Paperwork                         effect unless the appeal process under
                                                     program.                                                Reduction Act (44 U.S.C. 3507). OMB                   this paragraph has been concluded with
                                                                                                             has determined that the TSCA                          a written decision adverse to the test
                                                     VI. Application Process
                                                                                                             certification is exempt from the                      participant.
                                                       Any parties seeking to participate in                 Paperwork Reduction Act. An agency
                                                     the modified PGA Message Set test                                                                                In the case of willfulness or when
                                                                                                             may not conduct or sponsor, and a
                                                     concerning EPA TSCA data should send                                                                          public health, interest, or safety so
                                                                                                             person is not required to respond to, a
                                                     an email message to Loraine Passe, at                                                                         requires, the Director, Business
                                                                                                             collection of information unless it
                                                     Passe.Loraine@epa.gov, and they should                                                                        Transformation, ABO, Office of
                                                                                                             displays a valid control number
                                                     also send a copy of that message to their                                                                     International Trade, may immediately
                                                                                                             assigned by OMB.
                                                     assigned CBP client representative.                                                                           discontinue the test participant’s
                                                     Interested parties without an assigned                  X. Confidentiality                                    privileges upon written notice to the test
                                                     CBP client representative should submit                   Data submitted and entered into the                 participant. The notice will contain a
                                                     an email to Steven Zaccaro at                           ACE Portal includes information that is               description of the facts or conduct
                                                     steven.j.zaccaro@cbp.dhs.gov with the                   exempt or restricted from disclosure by               warranting the immediate action. The
                                                     subject heading ‘‘PGA Message Set EPA                   law, such as by the Trade Secrets Act                 test participant will be offered the
                                                     Test FRN-Request to Participate’’.                      (18 U.S.C. 1905). As stated in previous               opportunity to appeal the Director’s
                                                       CBP client representatives will work                  notices, participation in this or any of              decision within 10 calendar days of
                                                     with test participants to provide                       the previous ACE tests is not                         receipt of the written notice providing
                                                     information regarding the transmission                  confidential and upon a written                       for immediate discontinuance. The
                                                     of this data. CBP will begin to accept                  Freedom of Information Act (FOIA)                     appeal must be submitted to Executive
                                                     applications on February 10, 2016 and                   request, a name(s) of an approved                     Director, ABO, Office of International
                                                     will continue to accept applications                    participant(s) will be disclosed by CBP               Trade by emailing Deborah.Augustin@
                                                     throughout the duration of the test. CBP                in accordance with 5 U.S.C. 552.                      cbp.dhs.gov. The immediate
                                                     will notify the selected applicants by                                                                        discontinuance will remain in effect
                                                     email of their selection and the starting               XI. Misconduct Under the Test                         during the appeal period. The Executive
                                                     date of their participation. Selected                      A test participant may be subject to               Director will issue a decision in writing
                                                     participants may have different starting                civil and criminal penalties,                         on the discontinuance within 15
                                                     dates. An applicant providing                           administrative sanctions, liquidated                  working days after receiving a timely
                                                     incomplete information, or otherwise                    damages, and/or discontinuance from                   filed appeal from the test participant. If
                                                     not meeting participation requirements,                 participation in this test for any of the             no timely appeal is received, the notice
                                                     will be notified by email and given the                 following:                                            becomes the final decision of the
                                                     opportunity to resubmit its application.                   • Failure to follow the terms and                  Agency as of the date that the appeal
                                                                                                             conditions of this test.                              period expires.
                                                     VII. Test Duration                                         • Failure to exercise reasonable care              XII. PGA Programs Accepting Data
                                                       The modified test will begin no earlier               in the execution of participant                       Through the ACE PGA Message Set Test
                                                     than February 10, 2016 and will                         obligations.
                                                     continue until concluded by way of                         • Failure to abide by applicable laws                 Information about PGA participation
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                                                     announcement in the Federal Register.                   and regulations that have not been                    in ACE, current operational capabilities,
                                                     At the conclusion of the test, an                       waived.                                               and plans for future enhancements are
                                                     evaluation will be conducted to assess                     • Failure to deposit duties or fees in             available on this Web site: http://
                                                     the effect that the PGA Message Set has                 a timely manner.                                      www.cbp.gov/trade/ace/features. Select
                                                     on expediting the submission of the                        If the Director, Business                          the ‘‘PGA Integration’’ tab and click
                                                     EPA-required TSCA certification and                     Transformation, ACE Business Office                   ‘‘ACE PGA Forms List’’ under the
                                                     the processing of entries for chemical                  (ABO), Office of International Trade,                 References column for more information
                                                     substances and mixtures. The final                      finds that there is a basis for                       on agencies with pilots in preparation
                                                     results of the evaluation will be                       discontinuance of test participation                  for electronic filing.


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                                                     7136                      Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices

                                                     XIII. Development of ACE Prototypes                     Tests Concerning Automated                              • Modification of National Customs
                                                       A chronological listing of Federal                    Commercial Environment (ACE)                          Automation Program (NCAP) Test
                                                     Register publications detailing ACE test                Document Image System (DIS) and                       Concerning the use of Partner
                                                     developments is set forth below.                        Simplified Entry (SE); Correction; 78 FR              Government Agency Message Set
                                                       • ACE Portal Accounts and                             53466 (August 29, 2013).                              through the Automated Commercial
                                                     Subsequent Revision Notices: 67 FR                         • Modification of NCAP Test                        Environment (ACE) for the Submission
                                                     21800 (May 1, 2002); 69 FR 5360 and 69                  Concerning Automated Commercial                       of Certain Data Required by the
                                                     FR 5362 (February 4, 2004); 69 FR                       Environment (ACE) Cargo Release                       Environmental Protection Agency
                                                     54302 (September 8, 2004); 70 FR 5199                   (formerly known as Simplified Entry):                 (EPA): 80 FR 6098 (February 4, 2015).
                                                     (February 1, 2005).                                     78 FR 66039 (November 4, 2013).                         • Announcement of Modification of
                                                       • ACE System of Records Notice: 71                       • Post-Summary Corrections to Entry                ACE Cargo Release Test to Permit the
                                                     FR 3109 (January 19, 2006).                             Summaries Filed in ACE Pursuant to the                Combined Filing of Cargo Release and
                                                       • Terms/Conditions for Access to the                  ESAR IV Test: Modifications and                       Importer Security Filing (ISF) Data: 80
                                                     ACE Portal and Subsequent Revisions:                    Clarifications: 78 FR 69434 (November                 FR 7487 (February 10, 2015).
                                                     72 FR 27632 (May 16, 2007); 73 FR                       19, 2013).                                              • Modification of NCAP Test
                                                     38464 (July 7, 2008).                                      • National Customs Automation                      Concerning ACE Cargo Release for Type
                                                       • ACE Non-Portal Accounts and                         Program (NCAP) Test Concerning the                    03 Entries and Advanced Capabilities
                                                     Related Notice: 70 FR 61466 (October                    Submission of Certain Data Required by                for Truck Carriers: 80 FR 16414 (March
                                                     24, 2005); 71 FR 15756 (March 29,                       the Environmental Protection Agency                   27, 2015).
                                                     2006).                                                  and the Food Safety and Inspection                      • Automated Commercial
                                                       • ACE Entry Summary, Accounts and                     Service Using the Partner Government                  Environment (ACE) Export Manifest for
                                                     Revenue (ESAR I) Capabilities: 72 FR                    Agency Message Set Through the                        Air Cargo Test: 80 FR 39790 (July 10,
                                                     59105 (October 18, 2007).                               Automated Commercial Environment                      2015).
                                                       • 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                          • Modification of National Customs
                                                       • Post-Entry Amendment (PEA)                          Concerning Automated Commercial                       Automation Program (NCAP) Test
                                                     Processing Test: 76 FR 37136 (June 24,                  Environment (ACE) Cargo Release To                    Concerning the Automated Commercial
                                                     2011).                                                  Allow Importers and Brokers To Certify                Environment (ACE) Partner Government
                                                       • ACE Announcement of a New Start
                                                                                                             From ACE Entry Summary: 79 FR 24744                   Agency (PGA) Message Set Regarding
                                                     Date for the National Customs
                                                                                                             (May 1, 2014).                                        Types of Transportation Modes and
                                                     Automation Program Test of Automated
                                                                                                                • Modification of National Customs                 Certain Data Required by the National
                                                     Manifest Capabilities for Ocean and Rail
                                                                                                             Automation Program (NCAP) Test                        Highway Traffic Safety Administration
                                                     Carriers: 76 FR 42721 (July 19, 2011).
                                                       • ACE Simplified Entry: 76 FR 69755                   Concerning Automated Commercial                       (NHTSA): 80 FR 47938 (August 10,
                                                     (November 9, 2011).                                     Environment (ACE) Cargo Release for                   2015).
                                                       • National Customs Automation                         Truck Carriers: 79 FR 25142 (May 2,                     • Modification of National Customs
                                                     Program (NCAP) Tests Concerning                         2014).                                                Automation Program (NCAP) Test
                                                     Automated Commercial Environment                           • Modification of National Customs                 Concerning the Submission of Certain
                                                     (ACE) Document Image System (DIS): 77                   Automation Program (NCAP) Test                        Data Required by the Food and Drug
                                                     FR 20835 (April 6, 2012).                               Concerning Automated Commercial                       Administration (FDA) Using the Partner
                                                       • National Customs Automation                         Environment Document Image System:                    Government Agency (PGA) Message Set
                                                     Program (NCAP) Test Concerning                          79 FR 36083 (June 25, 2014).                          Through the Automated Commercial
                                                     Automated Commercial Environment                           • Announcement of eBond Test: 79                   Environment (ACE): 80 FR 52051
                                                     (ACE) Simplified Entry: Modification of                 FR 70881 (November 28, 2014).                         (August 27, 2015).
                                                     Participant Selection Criteria and                         • eBond Test Modifications and                       • Automated Commercial
                                                     Application Process: 77 FR 48527                        Clarifications: Continuous Bond                       Environment (ACE) Export Manifest for
                                                     (August 14, 2012).                                      Executed Prior to or Outside the eBond                Rail Cargo Test: 80 FR 54305
                                                       • Modification of NCAP Test                           Test May Be Converted to an eBond by                  (September 9, 2015).
                                                     Regarding Reconciliation for Filing                     the Surety and Principal, Termination of                • Animal and Plant Health Inspection
                                                     Certain Post-Importation Preferential                   an eBond, Identification of Principal on              Service: International Trade Data
                                                     Tariff Treatment Claims under Certain                   an eBond by Filing Identification                     System Test Concerning the Electronic
                                                     FTAs: 78 FR 27984 (May 13, 2013).                       Number, and Email Address Correction:                 Submission to the Automated
                                                       • Modification of Two National
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                                                                                                             80 FR 899 (January 7, 2015).                          Commercial Environment of Data Using
                                                     Customs Automation Program (NCAP)                          • Modification of National Customs                 the Partner Government Agency
                                                     Tests Concerning Automated                              Automation Program (NCAP) Test                        Message Set: 80 FR 59721 (October 2,
                                                     Commercial Environment (ACE)                            Concerning Automated Commercial                       2015).
                                                     Document Image System (DIS) and                         Environment (ACE) Document Image                        • Automated Commercial
                                                     Simplified Entry (SE), 78 FR 44142 (July                System Relating to Animal and Plant                   Environment (ACE) Filings for
                                                     23, 2013).                                              Health Inspection Service (APHIS)                     Electronic Entry/Entry Summary (Cargo
                                                       • Modification of Two National                        Document Submissions: 80 FR 5126                      Release and Related Entry): 80 FR 61278
                                                     Customs Automation Program (NCAP)                       (January 30, 2015).                                   (October 13, 2015).


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                                                                               Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices                                              7137

                                                       • Modification of the National                        Corps Councils and Community                          and forms by which local, tribal and
                                                     Customs Automation Program (NCAP)                       Emergency Response Team programs.                     territorial Councils’ and Community
                                                     Test Concerning the Automated                           DATES: Comments must be submitted on                  Emergency Response Teams submit
                                                     Commercial Environment (ACE)                            or before April 11, 2016.                             profiles via the national Web site. The
                                                     Document Image System (DIS)                             ADDRESSES: To avoid duplicate                         Citizen Corps Council registration form
                                                     Regarding Future Updates and New                        submissions to the docket, please use                 will allow FEMA and State personnel to
                                                     Method of Submission of Accepted                        only one of the following means to                    ensure that prospective Councils/
                                                     Documents: 80 FR 62082 (October 15,                     submit comments:                                      CERT’s have the support of the
                                                     2015).                                                     (1) Online. Submit comments at                     appropriate government officials in their
                                                       • Modification of National Customs                    www.regulations.gov under Docket ID                   area, ensure a dedicated coordinator is
                                                     Automation Program (NCAP) Test                          FEMA–2016–0004. Follow the                            assigned to the Council, and will
                                                     Concerning Automated Commercial                         instructions for submitting comments.                 provide an efficient way to track the
                                                     Environment (ACE) Cargo Release for                        (2) Mail. Submit written comments to               effectiveness of the nationwide network
                                                     Entry Type 52 and Certain Other Modes                   Docket Manager, Office of Chief                       of Councils and CERT’s. Approved
                                                     of Transportation: 80 FR 63576 (October                 Counsel, DHS/FEMA, 500 C Street SW.,                  registration of a Council or Community
                                                     20, 2015).                                              8NE, Washington, DC 20472–3100.                       Emergency Response Team program
                                                       • Announcement of the Modification                       All submissions received must                      allows them to be recognized as official
                                                     of the National Customs Automation                      include the agency name and Docket ID.                entities; become eligible for Homeland
                                                     Program Test Concerning the                             Regardless of the method used for                     Security grant funding; allows for the
                                                     Automated Commercial Environment                        submitting comments or material, all                  coordination of preparedness and
                                                     Portal Account To Establish the                         submissions will be posted, without                   emergency management activities
                                                     Exporter Portal Account: 80 FR 63817                    change, to the Federal eRulemaking                    among other groups associated with
                                                     (October 21, 2015).                                     Portal at http://www.regulations.gov,                 Citizen Corps; promote their local
                                                       • Modification of National Customs                    and will include any personal                         Councils to the public and become a
                                                     Automation Program (NCAP) Test                          information you provide. Therefore,                   part of the Citizen Corps national
                                                     Concerning Automated Commercial                         submitting this information makes it                  directory of Councils; and receive
                                                     Environment (ACE) Entry Summary,                        public. You may wish to read the                      important updates and messages from
                                                     Accounts and Revenue (ESAR) Test of                     Privacy Act notice that is available via              the national office. The Citizen Corps
                                                     Automated Entry Summary Types 51                        the link in the footer of                             Council and Community Emergency
                                                     and 52 and Certain Modes of                             www.regulations.gov.                                  Response Team registries support the
                                                     Transportation: 80 FR 63815 (October                    FOR FURTHER INFORMATION CONTACT:                      mission of FEMA’s Individual and
                                                     21, 2015).                                              Steven (Tyler) Krska, Emergency                       Community Preparedness Division and
                                                       Dated: February 5, 2016.                              Management Specialist, FEMA, PNP,                     Citizen Corps, to help achieve greater
                                                     Brenda B. Smith,                                        Individual and Community                              community resiliency nationwide. This
                                                     Assistant Commissioner, Office of                       Preparedness Division, 202–786–0947                   continuing registration process will
                                                     International Trade.                                    for additional information. You may                   allow the Individual and Community
                                                     [FR Doc. 2016–02716 Filed 2–9–16; 8:45 am]              contact the Records Management                        Preparedness Division to collect
                                                     BILLING CODE 9111–14–P                                  Division for copies of the proposed                   information that is more usable and
                                                                                                             collection of information at email                    provide a more efficient way to track the
                                                                                                             address: FEMA-Information-Collections-                effectiveness of the nationwide network
                                                     DEPARTMENT OF HOMELAND                                  Management@fema.dhs.gov.                              of Councils and CERT’s.
                                                     SECURITY                                                SUPPLEMENTARY INFORMATION: Citizen                    Collection of Information
                                                                                                             Corps was launched as a Presidential                     Title: Citizen Corps Council
                                                     Federal Emergency Management                            Initiative, Executive Order 13254, in
                                                     Agency                                                                                                        Registration.
                                                                                                             2002 with a mission to harness the                       Type of Information Collection:
                                                     [Docket ID: FEMA–2016–0004; OMB No.                     power of every individual through                     Revision of a currently approved
                                                     1660–0098]                                              education, training, and volunteer                    information collection.
                                                                                                             service to make communities safer,                       OMB Number: 1660–0098.
                                                     Agency Information Collection                           stronger, and better prepared for the                    FEMA Forms: FEMA Form 008–0–25,
                                                     Activities: Proposed Collection;                        threats of terrorism, crime, public health            Citizen Corps Council Registration.
                                                     Comment Request; Citizen Corps                          issues, and disasters of all kinds. Citizen              Abstract: FEMA’s Community
                                                     Council Registration                                    Corps is FEMA’s grassroots strategy to                Preparedness Division would like to
                                                     AGENCY: Federal Emergency                               strengthen collaboration between                      revise a currently approved collection
                                                     Management Agency, DHS.                                 government and community leaders                      for its registration of State, local, Tribal
                                                     ACTION: Notice.                                         from all sectors to engage the full                   and territorial Councils and Community
                                                                                                             community in preparedness, planning,                  Emergency Response Teams. The
                                                     SUMMARY:   The Federal Emergency                        mitigation, response, and recovery. The               registration process allows for new
                                                     Management Agency (FEMA), as part of                    Community Emergency Response Team                     Councils to submit information on the
                                                     its continuing effort to reduce                         Program offers training that prepares                 Council or CERT to the State Citizen
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     paperwork and respondent burden,                        people to help themselves, their families             Corps Program Manager for approval.
                                                     invites the general public and other                    and their neighbors in the event of a                 The revised registration process will
                                                     Federal agencies to take this                           disaster in their community.                          allow for the collection of more valuable
                                                     opportunity to comment on a revision of                    FEMA’s Individual and Community                    information and the tool is more user-
                                                     a currently approved information                        Preparedness Division, which                          friendly for Citizen Corps Councils and
                                                     collection. In accordance with the                      administers Citizen Corps and the                     CERT’s.
                                                     Paperwork Reduction Act of 1995, this                   Community Emergency Response Team                        Affected Public: State, local or Tribal
                                                     notice seeks comments concerning the                    program nationally, would like to revise              Government.
                                                     online registration process for Citizen                 its online information collection process                Number of Respondents: 3,900.


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Document Created: 2016-02-10 00:19:06
Document Modified: 2016-02-10 00:19:06
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 February 10, 2016, and will continue until concluded by way of announcement in the Federal Register. Comments will be accepted through the duration of the test.
ContactFor EPA-related PGA Message Set test questions, interested parties should send an email message to Loraine Passe, at [email protected], and they should also send a copy of that message to their assigned CBP client representative. Interested parties without an assigned CBP client representative should direct their questions to Steven Zaccaro at [email protected] with the subject heading ``PGA Message Set EPA Test FRN-Request to Participate''.
FR Citation81 FR 7133 

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