81 FR 84560 - Conclusion of Consumer Product Safety Commission International Trade Data System Initial Test Concerning the Electronic Filing of Targeting/Enforcement Data
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 81, Issue 226 (November 23, 2016)
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84560-84562 | |
| FR Document | 2016-28172 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Notices] [Pages 84560-84562] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28172] ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION Conclusion of Consumer Product Safety Commission International Trade Data System Initial Test Concerning the Electronic Filing of Targeting/Enforcement Data AGENCY: Consumer Product Safety Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Consumer Product Safety Commission (Commission or CPSC) in consultation with U.S. Customs & Border Protection (CBP) previously announced a test to assess the electronic filing of certain data via the Partner Government Agency (PGA) Message Set to the CBP- authorized Electronic Data Interchange (EDI) system known as the Automated Commercial Environment (ACE). Test participants collaborated with CBP and CPSC in examining the effectiveness of the ``single window'' capability and assessing the concept of a data registry (the Product Registry), maintained by CPSC. CBP and CPSC have determined that the test, which the CPSC refers to as the ``eFiling Alpha Pilot,'' was successful, in that participating firms were able to file CPSC's PGA Message Set data as part of an ACE entry, CPSC was able to receive the PGA Message Set data from CBP, and CPSC was able to accept the data into CPSC's system for risk analysis. Accordingly, this document announces that the initial test, the eFiling Alpha Pilot, will conclude on December 31, 2016. DATES: The CPSC test will conclude on December 31, 2016. ADDRESSES: Comments on the test or concerning this notice should be submitted through electronic mail to: efilingpilot@cpsc.gov. FOR FURTHER INFORMATION CONTACT: Questions regarding the test should be directed to Jim Joholske, Deputy Director, Office of Import Surveillance, U.S. Consumer Product Safety Commission, (301) 504-7527, efilingpilot@cpsc.gov. Questions sent by electronic mail should contain the subject heading ``Question re PGA Message Set Test.'' For technical questions regarding ACE or ABI transmissions, or the PGA message set data transmission, please contact your assigned CBP client representative. Interested parties without an assigned client representative should submit an email to Steven Zaccaro at steven.j.zaccaro@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: [[Page 84561]] I. Background A. The Automated Commercial Environment ACE is an automated and electronic system for commercial trade processing that is intended to streamline business processes, facilitate growth in trade, ensure cargo security, and foster participation in global commerce, while ensuring compliance with U.S. laws and regulations, and reducing costs for CBP and all of its communities of interest. The Automated Broker Interface (ABI) is a software interface to ACE. Commercial trade participants who want to file entries in ACE use ABI to electronically file required import data with CBP. ABI transfers trade-submitted data into ACE. CBP has developed ACE as the ``single window'' for the trade community to comply with the International Trade Data System (ITDS) requirement established by the SAFE Port Act of 2006. The PGA Message Set enables additional trade-related data specified by PGAs to be entered in one location. B. ITDS Goals and CBP's Authority To Conduct National Customs Automation Program Tests The ITDS is an electronic data interchange system whose goals include eliminating redundant information requirements, efficiently regulating the flow of commerce, and effectively enforcing laws and regulations relating to international trade by establishing a single portal system, operated by CBP, for the collection and distribution of standard electronic import and export data required by participating federal agencies. All federal agencies that require documentation for clearance or licensing the importation of cargo are required to participate in ITDS. The Customs Modernization provisions in the North American Free Trade Agreement Implementation Act provide the Commissioner of CBP with authority to conduct limited test programs or procedures designed to evaluate planned components of the National Customs Automation Program (NCAP), which includes ACE. C. Test Purpose and Goal CPSC's PGA Message Set test, described in an August 21, 2015 Federal Register Notice, was developed to further ITDS and NCAP goals. 80 FR 50827 (Aug. 21, 2015) (August 2015 Test Notice). Information and feedback from the test will be used to evaluate electronic filing capability and inform the Commission in striving to improve and streamline the import process going forward. The goal of electronic filing of targeting/enforcement data is to facilitate compliant trade as well as sharpen CPSC's focus on noncompliant trade. CPSC intends to use targeting/enforcement data to review consumer product entry requirements and allow for earlier risk-based admissibility decisions by CPSC staff. Additionally, because it is electronic, the PGA Message Set could eliminate the necessity for submission and subsequent handling of paper documents. Piloting electronic filing as a means to transition away from paper-based filing is a priority initiative of the PGAs to meet the stated ``single window'' implementation timeline. II. CPSC's PGA Message Set Test A. Description of the Test CPSC focused this initial test on electronic filing of five targeting/enforcement data elements (CPSC data), using the PGA Message Set. The test evaluated participant's ability to electronically file targeting/enforcement data for regulated finished consumer products under CPSC's jurisdiction and three specified finished products included on the Substantial Product Hazard List established under section 15(j) of the CPSA, and CPSC's ability to accept targeting/ enforcement data into CPSC's risk assessment methodology program (the RAM). Pilot participants had a choice between two different methods to file targeting/enforcement data for products using the PGA Message Set. Participants could either: (1) File the targeting/enforcement data elements with each product at the time of entry (Full PGA Message Set), or (2) file only a reference to targeting/enforcement data stored in a Product Registry maintained by CPSC (Product Registry and Reference PGA Message Set). Participants primarily chose to file data using the Product Registry and Reference PGA Message Set, although we anticipate that several participants will file using the Full PGA Message Set before the pilot concludes. Through their broker, pilot participants submitted targeting/enforcement data through CPSC's PGA Message Set as part of an ACE entry, or ACE entry summary if both entry and entry summary were filed together. Participants filed PGA Message Set data with each applicable entry filed with CBP. To file CPSC PGA Message Set data through ACE, associated brokers successfully implemented application software updates. Once filed in ACE, CBP made the PGA Message Set data, along with entry data, available to CPSC for validation. CPSC was able to receive PGA Message Set data from CBP, where applicable, match a reference number with previously-filed targeting/enforcement data in the Product Registry, and to accept the enforcement/targeting data elements into CPSC's RAM. Moreover, participants that chose to use the Product Registry were able to file the requisite targeting/enforcement data into the Product Registry for specific products, and were able to successfully provide a reference number to this data using the PGA Message Set during the entry process, rather than entering all such data elements each time the product was imported. B. Conclusion of the Test As stated in the August 2015 Test Notice, once operational, the test was expected to run for approximately six months or until concluded or extended by the issuance of a Federal Register notice announcing the extension or conclusion of this test. This notice announces that CPSC and CBP have determined that ACE is capable of accepting electronic targeting/enforcement data, and electronic Product Registry reference information, through CPSC's PGA Message Set. CPSC is capable of receiving PGA Message Set data, matching reference data to previously-filed targeting/enforcement data in the Product Registry, and accepting targeting/enforcement data and entry data into CPSC's RAM program for further risk evaluation. CPSC also determined that participants are able to enter the requisite targeting/enforcement data elements for each product into a Product Registry, receive a reference number, and file such reference number in CPSC's PGA Message Set each time the product is referenced in an ACE entry. Having found the eFiling Alpha Pilot to be successful, CPSC and CBP are concluding the test effective December 31, 2016. Upon the date the test concludes, trade members will no longer be authorized to file CPSC data in ACE. CBP will undertake efforts to reject or prevent the filing of CPSC data in ACE. III. Next Steps for CPSC's PGA Message Set Testing After the conclusion of the test, CPSC will provide a forum to consider what CPSC staff and participants learned from the eFiling Alpha Pilot and how best to structure a more robust ``beta'' test of electronic filing. Based on the review of the eFiling Alpha Pilot, CPSC staff will provide options regarding a ``beta'' testing phase for Commission consideration. [[Page 84562]] Dated: November 17, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2016-28172 Filed 11-22-16; 8:45 am] BILLING CODE 6355-01-P
![84560 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices
and publish in the Federal Register, the (ii) in the case of penalties greater CONSUMER PRODUCT SAFETY
schedule of maximum authorized than $10,000 but less than or equal to COMMISSION
penalties. As calculated in accordance $100,000, the nearest multiple of
with the amendments, the new amounts $5,000; Conclusion of Consumer Product
are $110,000 for each violation, and (iii) in the case of penalties greater Safety Commission International Trade
$16,025,000 for any related series of than $100,000 but less than or equal to Data System Initial Test Concerning
violations. $200,000, the nearest multiple of the Electronic Filing of Targeting/
$10,000; and Enforcement Data
DATES: The new amounts will become
effective on January 1, 2017. (iv) in the case of penalties greater AGENCY: Consumer Product Safety
FOR FURTHER INFORMATION CONTACT: than $200,000, the nearest multiple of Commission.
Dennis C. Kacoyanis, Attorney, Office of $25,000. ACTION: Notice.
the General Counsel, U.S. Consumer (D) For purposes of this subsection:
Product Safety Commission, 4330 East SUMMARY: The U.S. Consumer Product
(i) The term ‘‘Consumer Price Index’’
West Highway, Bethesda, MD 20814; Safety Commission (Commission or
means the Consumer Price Index for all-
telephone (301) 504–7587; email CPSC) in consultation with U.S.
urban consumers published by the
dkacoyanis@cpsc.gov. Customs & Border Protection (CBP)
Department of Labor.
SUPPLEMENTARY INFORMATION: The previously announced a test to assess
(ii) The term ‘‘cost-of-living the electronic filing of certain data via
Consumer Product Safety Improvement adjustment for the preceding five years’’
Act of 1990 (Improvement Act), Public the Partner Government Agency (PGA)
means the percentage by which— Message Set to the CBP-authorized
Law 101–608, 104 Stat. 3110 (November
16, 1990), and the Consumer Product (I) the Consumer Price Index for the Electronic Data Interchange (EDI)
Safety Improvement Act of 2008 month of June of the calendar year system known as the Automated
(CPSIA), Public Law 110–314, 122 Stat. preceding the adjustment; exceeds Commercial Environment (ACE). Test
3016 (August 14, 2008), amended the (II) the Consumer Price Index for the participants collaborated with CBP and
Consumer Product Safety Act (CPSA), month of June preceding the date on CPSC in examining the effectiveness of
the Federal Hazardous Substances Act which the maximum authorized penalty the ‘‘single window’’ capability and
(FHSA), and the Flammable Fabrics Act was last adjusted. 15 U.S.C. 2069(a)(3), assessing the concept of a data registry
(FFA). The Improvement Act added 1264(c)(6), and 1194(e)(5). (the Product Registry), maintained by
civil penalty authority to the FHSA and CPSC. CBP and CPSC have determined
The CPSIA amended the CPSA,
FFA, which previously contained only that the test, which the CPSC refers to
FHSA, and FFA to increase the
criminal penalties. 15 U.S.C. 1264(c) as the ‘‘eFiling Alpha Pilot,’’ was
maximum civil penalty amounts to
and 1194(e). The Improvement Act also successful, in that participating firms
$100,000 for each violation, and
increased the maximum civil penalty were able to file CPSC’s PGA Message
$15,000,000 for any related series of
amounts applicable to civil penalties Set data as part of an ACE entry, CPSC
violations. 15 U.S.C. 2069(a)(1),
under the CPSA and set the same was able to receive the PGA Message Set
1264(c)(1), and 1194(e)(1). The CPSIA
maximum amounts for the newly data from CBP, and CPSC was able to
also revised the starting date from
created FHSA and FFA civil penalties. accept the data into CPSC’s system for
December 1, 1994, and every fifth year
15 U.S.C. 2069(a)(1), 1264(c)(1) and risk analysis. Accordingly, this
thereafter, to no later than December 1,
1194(e)(1). document announces that the initial
2011, and every fifth year thereafter, as
The Improvement Act directed the test, the eFiling Alpha Pilot, will
the date on which ‘‘the Commission
Commission to adjust the maximum conclude on December 31, 2016.
shall prescribe and publish in the
civil penalty amounts periodically for Federal Register a schedule of DATES: The CPSC test will conclude on
inflation: maximum authorized penalties that December 31, 2016.
(A) The maximum penalty amounts shall apply for violations that occur ADDRESSES: Comments on the test or
authorized in paragraph (1) shall be after January 1 of the year immediately concerning this notice should be
adjusted for inflation as provided in this following such publication.’’ submitted through electronic mail to:
paragraph. efilingpilot@cpsc.gov.
The Commission’s Directorate for
(B) Not later than December 1, 1994, Economics has calculated that the cost-
and December 1 of each fifth calendar FOR FURTHER INFORMATION CONTACT:
of-living adjustment increases the Questions regarding the test should be
year thereafter, the Commission shall maximum civil penalty amounts to
prescribe and publish in the Federal directed to Jim Joholske, Deputy
$105,722 for each violation, and to Director, Office of Import Surveillance,
Register a schedule of maximum $16,016,580 for any related series of
authorized penalties that shall apply for U.S. Consumer Product Safety
violations. Rounding off these numbers Commission, (301) 504–7527,
violations that occur after January 1 of in accordance with the statutory
the year immediately following such efilingpilot@cpsc.gov. Questions sent by
directions, the adjusted maximum electronic mail should contain the
publication. amounts are $110,000 for each violation,
(C) The schedule of maximum subject heading ‘‘Question re PGA
and $16,025,000 for any related series of Message Set Test.’’ For technical
authorized penalties shall be prescribed violations. These new amounts will
by increasing each of the amounts questions regarding ACE or ABI
apply to violations that occur after transmissions, or the PGA message set
referred to in paragraph (1) by the cost-
mstockstill on DSK3G9T082PROD with NOTICES
January 1, 2017. data transmission, please contact your
of-living adjustment for the preceding 5
years. Any increase determined under Dated: November 18, 2016. assigned CBP client representative.
the preceding sentence shall be rounded Todd A. Stevenson, Interested parties without an assigned
to— Secretary, Consumer Product Safety client representative should submit an
(i) in the case of penalties greater than Commission. email to Steven Zaccaro at
$1,000 but less than or equal to $10,000, [FR Doc. 2016–28242 Filed 11–22–16; 8:45 am] steven.j.zaccaro@cbp.dhs.gov.
the nearest multiple of $1,000; BILLING CODE 6355–01–P SUPPLEMENTARY INFORMATION:
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![84562 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices
Dated: November 17, 2016. received by the Air Force within the DFO will review all timely submissions
Todd A. Stevenson, period for timely objections, will be with the BoV Chairman and ensure they
Secretary, Consumer Product Safety treated as an objection and may be are provided to members of the BoV
Commission. considered as an alternative to the before the meeting that is the subject of
[FR Doc. 2016–28172 Filed 11–22–16; 8:45 am] proposed license. this notice. If after review of timely
BILLING CODE 6355–01–P Henry Williams,
submitted written comments and the
BoV Chairman and DFO deem
Acting Air Force Federal Register Liaison
Officer.
appropriate, they may choose to invite
DEPARTMENT OF DEFENSE the submitter of the written comments
[FR Doc. 2016–28202 Filed 11–22–16; 8:45 am]
to orally present the issue during an
BILLING CODE 5001–10–P
Department of the Air Force open portion of the BoV meeting that is
the subject of this notice. Members of
Notice of Intent To Grant a Partially the BoV may also petition the Chairman
DEPARTMENT OF DEFENSE
Exclusive Patent License to allow specific personnel to make oral
AGENCY: Air Force Materiel Command. Department of the Air Force presentations before the BoV. In
accordance with 41 CFR Section 102–
ACTION: Notice of intent. Board of Visitors of the U.S. Air Force 3.140(d), any oral presentations before
SUMMARY: Pursuant to the Bayh-Dole Act Academy Notice of Meeting the BoV shall be in accordance with
and implementing regulations, the agency guidelines provided pursuant to
AGENCY: U.S. Air Force Academy Board
Department of the Air Force hereby a written invitation and this paragraph.
of Visitors, Department of Defense.
gives notice of its intent to grant a Direct questioning of BoV members or
ACTION: Meeting notice.
partially exclusive (exclusive with meeting participants by the public is not
respect to the field of fluid separation SUMMARY: In accordance with 10 U.S.C. permitted except with the approval of
and filtration) patent license agreement Section 9355, the U.S. Air Force the DFO and Chairman. For the benefit
to InfiniPure LLC., a corporation of the Academy (USAFA) Board of Visitors of the public, rosters that list the names
State of Ohio, having a place of business (BoV) will hold a meeting on the Senate of BoV members and any releasable
at 714 Monument Ave, Dayton, OH Side, Capitol Visitor Center, Room 212– materials presented during the open
45402. 10, Washington, DC on Thursday, portions of this BoV meeting shall be
December 8, 2016. The meeting will made available upon request.
DATES: Written objections must be filed
begin at 0830 and conclude at 1515. The Contact Information: For additional
no later than fifteen (15) calendar days information or to attend this BoV
after the date of publication of this purpose of this meeting is to review
morale and discipline, social climate, meeting, contact Major James Kuchta,
Notice. Accessions and Training Division, AF/
curriculum, instruction, infrastructure,
ADDRESSES: Submit written objections to A1PT, 1040 Air Force Pentagon,
fiscal affairs, academic methods,
the Air Force Materiel Command Law strategic communication, and other Washington, DC 20330, (703) 695–4066,
Office, AFMCLO/JAZ, 2240 B Street, matters relating to the Academy. James.L.Kuchta.mil@mail.mil.
Room 260, Wright-Patterson AFB, OH Specific topics for this meeting include Henry Williams,
45433–7109; Facsimile: (937) 255–3733; a Superintendent’s Update; Dean’s
or Email: afmclo.jaz.tech@us.af.mil. Acting Air Force Federal Register Liaison
Update; Athletic Department Update; Officer.
Include Docket No. ARQ–161114B–PL BoV update. Public attendance at this
in the subject line of the message. [FR Doc. 2016–28201 Filed 11–22–16; 8:45 am]
USAFA BoV meeting shall be BILLING CODE 5001–10–P
FOR FURTHER INFORMATION CONTACT: Air accommodated on a first-come, first-
Force Materiel Command Law Office, served basis up to the reasonable and
AFMCLO/JAZ, 2240 B Street, Rm 260, safe capacity of the meeting room. In DEPARTMENT OF DEFENSE
Wright-Patterson AFB, OH 45433–7109; addition, any member of the public
Facsimile: (937) 255–3733; Email: wishing to provide input to the USAFA Department of the Army; Corps of
afmclo.jaz.tech@us.af.mil. BoV should submit a written statement Engineers
SUPPLEMENTARY INFORMATION: The in accordance with 41 CFR Section 102–
Department of the Air Force intends to 3.140(c) and section 10(a)(3) of the Intent To Prepare a Draft
grant the partially exclusive patent Federal Advisory Committee Act and Environmental Impact Statement for
license agreement for the invention the procedures described in this Modification of the Bayou Lafourche
described in: paragraph. Written statements must and Lafourche-Jump Waterway,
address the following details: The issue, Louisiana, Navigation Channel Project
U.S. Patent No. 8,293,107, entitled, ‘‘Fibers in Lafourche Parish
With Axial Capillary Slit That Enhances discussion, and a recommended course
Adsorption, Absorption and Separation,’’ of action. Supporting documentation AGENCY: U.S. Army Corps of Engineers,
filed 11 January 2010, and issued 23 October may also be included as needed to Department of the Army, DOD.
2012. establish the appropriate historical ACTION: Notice of intent.
context and provide any necessary
Authority: 35 U.S.C. 209; 37 CFR 404. background information. Written SUMMARY: The U.S. Army Corps of
The Department of the Air Force may statements can be submitted to the Engineers (Corps), New Orleans District
grant the prospective license unless a Designated Federal Officer (DFO) at the will be the lead agency for a draft
mstockstill on DSK3G9T082PROD with NOTICES
timely objection is received that Air Force address detailed below at any Environmental Impact Statement (DEIS),
sufficiently shows the grant of the time. However, if a written statement is to be integrated with a Feasibility
license would be inconsistent with the not received at least 10 calendar days Report (FR), for the Bayou Lafourche
Bayh-Dole Act or implementing before the first day of the meeting which and Lafourche-Jump Waterway,
regulations. A competing application for is the subject of this notice, then it may Louisiana Project, in Lafourche Parish.
a patent license agreement, completed not be provided to or considered by the The FR and DEIS will investigate
in compliance with 37 CFR 404.8 and BoV until its next open meeting. The channel modification to the Bayou
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Document Created: 2016-11-23 05:29:58
Document Modified: 2016-11-23 05:29:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The CPSC test will conclude on December 31, 2016. | |
| Contact | Questions regarding the test should be directed to Jim Joholske, Deputy Director, Office of Import Surveillance, U.S. Consumer Product Safety Commission, (301) 504-7527, [email protected] Questions sent by electronic mail should contain the subject heading ``Question re PGA Message Set Test.'' For technical questions regarding ACE or ABI transmissions, or the PGA message set data transmission, please contact your assigned CBP client representative. Interested parties without an assigned client representative should submit an email to Steven Zaccaro at [email protected] | |
| FR Citation | 81 FR 84560 |
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