[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32093-32095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD947


International Trade Data System Test Concerning the Electronic 
Submission of Certain Data Required for Imports

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: NMFS announces a pilot test of the International Trade Data 
System (ITDS) involving the electronic submission of forms and/or data, 
related to importations of fish products regulated by NMFS, using the 
Partner Government Agency (PGA) Message Set and Document Imaging System 
(DIS) components of the Automated Commercial Environment (ACE). The 
U.S. Customs and Border Protection (CBP) and NMFS have developed a 
pilot plan to test and assess the electronic transmission of import 
data for tuna, swordfish and toothfish.
    The pilot test will involve using the ACE, the NMFS PGA Message 
Set, the DIS and the Automated Broker Interface (ABI) to transmit the 
data required for admissibility determinations for entries of tuna, 
swordfish and toothfish. ABI is the electronic data interchange that 
enables participants to file electronically required import data with 
CBP and transfers that data into ACE. Initially, under this test, NMFS 
PGA Message Set data may be submitted only for formal and informal 
consumption entries (entry types 01 and 11), filed at certain ports.

DATES: The test will commence after July 1, 2015 and will continue 
until concluded by publication of a notice in the Federal Register 
ending the test. Participants should consult the following Web site to 
determine which ports are operational for the test and the

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date that they become operational: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. Comments will be 
accepted through the duration of the test.

ADDRESSES: To submit comments concerning this test program, send an 
email to Josephine Baiamonte ([email protected]), Director, 
Business Transformation, ACE Business Office (ABO), Office of 
International Trade. In the subject line of an email, please use, 
``Comment on PGA Message Set Test FRN''.
    Any party seeking to participate in the PGA Message Set test should 
contact their client representative. Interested parties without an 
assigned client representative should submit an email to Steven Zaccaro 
at [email protected] with the subject heading ``PGA Message 
Set Test FRN-Request to Participate''.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment (ACE) or ABI transmissions, contact 
your assigned client representative. Interested parties without an 
assigned client representative should direct their questions to Steven 
Zaccaro at [email protected]. For PGA related questions, 
contact Emi Wallace (CBP) at mailto:[email protected] and for 
NMFS related questions contact Dale Jones (NMFS) at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

I. The National Customs Automation Program (NCAP)

    NCAP was established in Subtitle B of Title VI--Customs 
Modernization, in the North American Free Trade Agreement 
Implementation Act (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 
1993) (Customs Modernization Act). See 19 U.S.C. 1411. Through NCAP, 
the initial thrust of customs modernization was on trade compliance and 
the development of ACE, the planned successor to the Automated 
Commercial System (ACS). ACE is an automated and electronic system for 
commercial trade processing which is intended to streamline business 
processes, facilitate growth in trade, ensure cargo security, and 
foster participation in global commerce, while ensuring compliance with 
U.S. laws and regulations and reducing costs for CBP and all of its 
communities of interest. The ability to meet these objectives depends 
on successfully modernizing CBP's business functions and the 
information technology that supports those functions.
    CBP's modernization efforts are accomplished through phased 
releases of ACE component functionality designed to replace a specific 
legacy ACS function. Each release will begin with a test and will end 
with mandatory use of the new ACE feature, thus retiring the legacy ACS 
function. Each release builds on previous releases and sets the 
foundation for subsequent releases. ABI allows participants to 
electronically file required import data with CBP and transfers that 
data into ACE.

II. International Trade Data System

    This test is in furtherance of the ITDS, which is statutorily 
authorized by section 405 of the Security and Accountability for Every 
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as 
defined by section 4 of the SAFE Port Act of 2006, is to eliminate 
redundant information filing requirements, efficiently regulate the 
flow of commerce, and effectively enforce laws and regulations relating 
to international trade, by establishing a single portal system, 
operated by CBP, for the collection and distribution of standard 
electronic import and export data required by all participating Federal 
agencies.

III. Partner Government Agency Message Set

    The PGA Message Set is the data needed to satisfy the PGA reporting 
requirements. For purposes of this test, the affected PGA is the NMFS. 
ACE enables the message set by acting as the ``single window'' for the 
submission of trade-related data required by the PGAs only once to CBP. 
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 an ACE Entry/Cargo Release or Entry Summary. The data 
will be validated and made available to the relevant PGAs involved in 
import, export, and transportation-related decision making. The data 
will be used to fulfill merchandise entry and entry summary 
requirements 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 handling of 
paper documents. All PGA Message Set participants are required to use a 
software program that has completed ACE certification testing for the 
PGA Message Set.
    Alternatively, test participants may transmit required PGA data 
using the DIS as ACE is ready to receive imaged copies of NMFS forms 
and documents through the DIS. For information regarding the use of 
DIS, and for a list of PGA forms and documents which may be transmitted 
to ACE using DIS, please see http://www.cbp.gov/trade/ace/features. At 
this time, ACE is prepared to accept certain PGA data elements for NMFS 
for type ``01'' (consumption) and type ``11'' (informal) commercial 
entries filed at specified ports. CBP plans on expanding to include 
Type ``02'' (quota) entries in the near future.
    The PGA data elements comprising the test are generally those found 
in the current paper forms (NOAA Form 370, Bluefin Tuna Catch Document, 
Swordfish Statistical Document, Bigeye Statistical Document, 
Dissostichus Catch Document, and the associated re-export certificates, 
if any), which are currently handled via fax, email, and/or paper 
communication with NMFS. These data elements are set forth in the 
supplemental Customs and Trade Automated Interface Requirements 
(CATAIR) guidelines for NMFS. These technical specifications, including 
the CATAIR chapters can be found at the following link: http://www.cbp.gov/trade/ace/catair.
    Upon commencement of this test, a limited number of ports will be 
accepting PGA Message Set data and DIS documents and forms. A list of 
those ports and the date they become operational is provided on the 
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. CBP may expand to additional ports in the 
future. Test participants and interested parties should consult the 
above-referenced Web site for changes/additions to the list of ports 
where NMFS data and DIS forms and documents may be sent.

IV. The National Marine Fisheries Service Test

    This ITDS test is in furtherance of key CBP ITDS initiatives as 
provided in SAFE Port Act of 2006. The goal is to establish ACE as the 
``single window'' for the Government and trade community by automating 
and enhancing 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. Processing trade 
data through ITDS and ACE will significantly increase efficiency and 
reduce costs over the manual, paper-based interactions that are 
currently in place. The PGA Message Set and DIS will improve

[[Page 32095]]

communication between NMFS and entry filers regarding imports and, for 
eligible entries, will allow test participants to submit the required 
data once rather than submitting data separately to CBP and NMFS, 
resulting in quicker processing. During this test, participants will 
collaborate with CBP and NMFS to examine the effectiveness of the 
``single window'' capability.
    NMFS programmatic requirements are separated into three different 
programs: the Highly Migratory Species (HMS) Program which includes 
various tunas and swordfish, the Antarctic Marine Living Resources 
(AMLR) program which covers fresh and frozen toothfish (Dissostichus 
species), and the NOAA Tuna Tracking and Verification Program (NOAA 
Form 370) which covers a variety of canned, frozen, pouched and other 
processed tuna but not fresh tuna. Under this test, NMFS required data 
will be transmitted electronically through ACE utilizing the PGA 
Message Set and DIS for any merchandise or combination thereof covered 
by any of these programs.
    For approved participants, the pilot test may include all modes of 
transport at the selected port(s), and all commodities regulated under 
the three NMFS import monitoring programs when imported at one of the 
selected ports. The import filing process for the NMFS will require the 
submission of specifically designated data/information. Both the 
designated Partner Government Agency (PGA) Message Set and the Document 
Imaging System (DIS) will be utilized to collect the specified 
information that is required by NMFS.
    The PGA Message Set data will be submitted to the CBP Automated 
Commercial Environment (ACE) system through the use of ABI at the time 
of the filing in addition to the CBP required import Entry or Entry 
Summary data. Scanned copies of specific documents required will be 
submitted at the time of filing to the CBP DIS, either through 
uploading the file copies to the ABI system or by sending them to the 
DIS as email attachments.
    Examples of the kind of data that will be submitted as part of the 
PGA Message set are; the importer's permit number, a code for the ocean 
area of the harvest, a code for the type of gear used to harvest the 
fish or the code providing the country of registry for the fishing 
vessel that harvested the product. Examples of the types of scanned 
images that will be submitted to the DIS are; the international 
statistical documents pertaining to the harvest, re-export documents 
for product imported and re-exported from another country before 
shipment to the United States, or other specific and required catch/
harvest documentation pertaining to the product being imported.
    For information regarding merchandise regulated by NMFS and data, 
information, forms and documents required by NMFS, see the 
implementation guidelines for the NMFS at: http://www.cbp.gov/sites/default/files/documents/NMFS%20PGA%20Message%20Set%20Guidlines.pdf.

V. Test Participation Criteria and Participation Procedure

    Any party seeking to participate in this test must provide CBP, in 
their request to participate, their filer code and the port(s) at which 
they are interested in filing the appropriate PGA Message Set and DIS 
information. Requests to participate in this test will be accepted 
throughout the duration of the test. To be eligible to apply for this 
pilot, the applicant must be a self-filing importer who has the ability 
to file ACE Entry Summaries certified for cargo release and ACE cargo 
release or a broker who has the ability to file ACE Entry Summaries 
certified for cargo release and ACE cargo release; and the applicant 
files entries for NMFS commodities that are the subject of this test. 
All PGA Message Set participants are required to use a software program 
that has completed ACE certification testing for the PGA Message Set. 
At this time, PGA Message Set data and DIS submissions may be submitted 
only for ``01'', and ``11'' type entries filed at certain ports. CBP 
plans on expanding to include Type ``02'' entries in the near future. 
Test participants should contact their client representative regarding 
the expansion to additional entry types (See ADDRESSES). A current 
listing of the participating ports and the date each port becomes 
operational for the test may be found on the designated Web site (See 
DATES).

VI. Anticipated Process Changes

    The current paper process for the NMFS-NOAA 370 Program, Highly 
Migratory Species (HMS) Program and the Antarctic Marine Living 
Resources (AMLR) Program will be replaced by a the submittal of data 
and scanned document images through a combination of the PGA Message 
Set and DIS. This test covers communication and coordination among the 
agencies and the filers for the importation of these fisheries 
products. The agencies will also be testing new operational processes 
in real time with actual ACE filings in the production environment that 
include test messages of errors in filing and release status updates to 
the port and to the filer. Entry data submissions will be subject to 
validation edits and any applicable PGA business rules programmed into 
ACE. Once entry data has cleared the initial stage of validation edits 
and PGA business rules, the filer will receive messages, automatically 
generated or manually initiated by NMFS, thus keeping the filer 
informed as to the status of the shipment from the time of entry data 
submission until the time of release. Once all of the PGAs have 
concluded their review of the shipment and have unset any remaining 
holds, CBP will send a one U.S. Government release message to the filer 
to indicate that the filer has fulfilled all U.S. Government filing 
requirements for the shipment.

VII. Confidentiality

    All data submitted and entered into ACE is subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to 
the extent as otherwise provided by law. 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.

    Authority:  19 U.S.C. 1411.

    Dated: June 2, 2015.
John Henderschedt,
Director, Office for International Affairs and Seafood Inspection, 
National Marine Fisheries Service.
[FR Doc. 2015-13767 Filed 6-4-15; 8:45 am]
 BILLING CODE 3510-22-P