[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13399-13403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05678]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of the National Customs Automation Program (NCAP); 
Tests Concerning the Partner Government Agency Message Set for Certain 
Data Required by the Environmental Protection Agency (EPA)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify three National Customs Automation Program (NCAP) 
tests concerning the electronic transmission through the Automated 
Commercial Environment (ACE) of certain import data required by the 
Environmental Protection Agency (EPA) for commodities regulated by the 
EPA. These modifications revise the number of persons who may 
participate in the three previously announced NCAP tests.

DATES: The modifications of the PGA Message Set Tests described in this 
notice are effective March 14, 2016. These modified tests will continue 
until concluded by way of announcement in the Federal Register. 
Comments concerning this notice and any aspect of the announced 
modifications may be submitted during each of the test periods to the 
address set forth below.

ADDRESSES: Comments concerning this notice and any aspect of the 
modified PGA Message Set Test may be submitted at any time during the 
testing periods 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 PGA Message Set Test FRN.''

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
application or request for an ACE Portal Account contact the ACE 
Account Service Desk by calling 1-866-530-4172, selecting option 1, 
then option 2, or by emailing [email protected] for assistance. 
For EPA-related questions, contact Carol S. Holmes, Senior Counsel, 
Office of Civil Enforcement, U.S. Environmental Protection Agency, at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The National Customs Automation Program (NCAP) was established in 
Subtitle B of Title VI--Customs Modernization (``Customs Modernization 
Act''), North American Free Trade Agreement Implementation Act (Pub. L. 
103-182, 107 Stat. 2057, Dec. 8. 1993) (19 U.S.C. 1411). Through NCAP, 
the thrust of customs modernization has been on trade compliance and 
the development of the Automated Commercial Environment (ACE), the 
planned successor to the Automated Commercial System (ACS). ACE is an 
automated and electronic system for processing commercial trade data 
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 U.S. Customs and Border Protection (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

[[Page 13400]]

those functions. The Automated Broker Interface (ABI) is the electronic 
data interchange (EDI) system that enables members of the trade 
community to file electronically required import data with CBP and 
transfers that data to ACE.
    CBP's modernization efforts are accomplished through phased 
releases of ACE component functionality designed to replace specific 
legacy ACS functions. Each release will begin with a test and, if the 
test is successful, 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.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XI and entitled, ``Development of ACE 
Prototypes.'' The procedures and criteria related to participation in 
the prior ACE test pilots remain in effect unless otherwise explicitly 
changed by this or subsequent notices published in the Federal 
Register.

II. Authorization for the Test

    The Customs Modernization Act provisions provide the Commissioner 
of CBP with authority to conduct limited test programs or procedures 
designed to evaluate planned components of the NCAP. The tests 
described in this notice are authorized pursuant to Sec.  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, 60 FR 14211 (March 16, 1995).

III. International Trade Data System (ITDS)

    These tests are also in furtherance of the International Trade Data 
System (ITDS) key initiatives, set forth in section 405 of the Security 
and Accountability for Every Port Act of 2006 (``SAFE Port Act'') (Sec. 
405, Pub. L. 109-347, 120 Stat. 1884, Oct. 13, 2006) (19 U.S.C. 
1411(d)) and in Executive Order 13659 of February 19, 2014, 
Streamlining the Export/Import Process for America's Businesses, 79 FR 
10657 (February 25, 2014). The purpose of ITDS, as stated in section 
405 of the SAFE Port Act, is to eliminate redundant information 
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. CBP is developing 
ACE as the ``single window'' for the trade community to comply with the 
ITDS requirement established by the SAFE Port Act.
    Executive Order 13659 requires that by December 31, 2016, ACE, as 
the ITDS ``single window,'' have the operational capabilities to serve 
as the primary means of receiving from users the standard set of data 
and other relevant documentation (exclusive of applications for 
permits, licenses, or certifications) required for the release of 
imported cargo and clearance of cargo for export, and to transition 
from paper-based requirements and procedures to faster and more cost-
effective electronic submissions to, and communications with, U.S. 
government agencies.

IV. Partner Government Agency (PGA) Message Set Test

    The PGA Message Set is the data needed to satisfy the PGA reporting 
requirements. 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. After validation, the data will be made available to 
the relevant PGAs involved in import, export, and transportation-
related decision making. The data will be used to fulfill merchandise 
entry requirements and may 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.
    Under the Paperwork Reduction Act of 1995 (Public Law 104-13, 109 
Stat. 163, codified at 44 U.S.C. 3501-3520) (PRA), 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 the Office of Management and Budget (OMB). A collection of 
information, however, is exempt from the requirements of the PRA if 
fewer than ten (10) persons will be asked to provide the information.
    This notice addresses the modification of the following three 
previously announced tests under the NCAP with respect to the number of 
test participants. (Please note that all terms, conditions, rules and 
requirements announced in the previous notices concerning the 
submission through ACE of certain EPA data through the PGA Message Set 
continue to apply except to the extent expressly modified by this 
notice.)

A. Non-Road Vehicles and Engines

    On December 13, 2013, CBP published a notice in the Federal 
Register announcing CBP's plan to modify the PGA Message Set test to 
allow for electronic filings of certain EPA import data with CBP for a 
variety of vehicles and engines. See 78 FR 75931 (December 13, 2013). 
That test notice did not limit the number of filers or participants. As 
the collection of electronic information under the PGA Message Set EPA 
Non-road Vehicles and Engines is governed by the PRA and the test 
notice inadvertently indicated that there was an OMB-approved 
Information Collection Request (ICR) for this additional information 
collection when there is not such an ICR for this additional 
information, participation in the non-road vehicles and engines portion 
of the test is hereby limited to nine (9) or fewer filers (see Section 
IX below). Accordingly, in order to comply with the participation 
limitation of the PRA, only up to nine filers seeking to participate in 
this test will be accepted at this stage of the test. CBP will accept 
applications throughout the duration of this test.
    Applicants who qualify for this test but are not accepted because 
the limit of nine filers has been reached will have their applications 
placed on hold until and unless CBP lifts the limit on participation. 
All applicants will be notified that they have, or have not, been 
accepted into the test. If the limitation is lifted applicants will be 
notified of whether CBP has accepted their request to participate in 
the test and the date they can begin participation. CBP will not, 
however, publish another notice if the limitation is lifted. Rather, 
CBP will contact those who have applied and notify them that the 
limitation for participants has been lifted. Additionally, this test is 
expanded to all entries filed in ACE at any port in the customs 
territory of the United States.

B. Notice of Arrival: Pesticides or Pesticidal Devices

    On February 4, 2015, CBP published a notice in the Federal Register 
announcing CBP's plan to modify the PGA Message Set test to expand the 
use of the ACE PGA Message Set to transmit Environmental Protection 
Agency (EPA) Notice of Arrival of Pesticides and Devices (NOA) import 
data in the ocean and rail modes of transportation. See 80 FR 6098. 
That notice indicated that CBP would accept an unlimited number of 
participants for the test. As the collection of electronic information 
under the PGA Message Set EPA NOA

[[Page 13401]]

is governed by the PRA and the test notice inadvertently indicated 
there was an OMB-approved Information Collection Request (ICR) for this 
additional information collection when there is not such an ICR for 
this additional information, participation in the test is hereby 
limited to nine (9) or fewer participants (see Section IX below). 
Accordingly, in order to comply with the participation limitation of 
the PRA, only up to nine filers seeking to participate in this test 
will be accepted throughout the duration of the test.
    CBP will accept applications throughout the duration of this test. 
All applicants will be notified that they have, or have not, been 
accepted into the test. Applicants who qualify for this test but are 
not accepted because the limit of nine filers has been reached will 
have their applications placed on hold until and unless CBP lifts the 
limit on participation. If the limitation is lifted applicants will be 
notified of whether CBP has accepted their request to participate in 
the test and the date they can begin participation. CBP will not, 
however, publish another notice if the limitation is lifted. Rather, 
CBP will contact those who have applied and notify them that the 
limitation has been lifted. (If the limitation is lifted, the test will 
also require the mandatory filing of the product label affixed to the 
pesticide cargo via the pdf format into the Digital Image System, which 
must accompany the electronic filing of the Notice of Arrival PGA 
Message Set). Additionally, this test is expanded to all entries filed 
in ACE at any port in the customs territory of the United States.

C. Ozone Depleting Substances

    In the Federal Register notice announcing the test for the 
submission of data and information related to the importation of Ozone 
Depleting Substances (ODS) through the PGA Message Set, CBP announced 
that the test would be limited to nine (9) or fewer filers. See 78 FR 
75931 (December 13, 2013). All PRA requirements for the ODS pilot have 
been met since the publication of the above-referenced December 13, 
2013, Federal Register notice (see Section IX below). Therefore, the 
limitation of nine filers is lifted and there is no longer a limit to 
the number of parties who may participate in this test. Applications 
may be submitted throughout the duration of the test and applicants 
will be notified of their acceptance into the test and the date they 
may begin participating. Additionally, this test is expanded to all 
modes of transportation, not exclusively ocean as was previously the 
case, and to all entries filed in ACE at any port in the customs 
territory of the United States.

V. Test Duration

    Except as stated below, the modification of all three of the PGA 
Message Set Tests announced in this notice are effective on March 14, 
2016. The modified PGA Message Set Tests will continue until concluded 
by way of announcement in the Federal Register.
    At the conclusion of the testing, an evaluation will be conducted 
and the results of that 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)).

VI. Comments

    All interested parties are invited to comment on any aspect of 
these ACE Portal Account Tests, as modified by this notice, for the 
duration of the modified tests. CBP requests comments and feedback on 
all aspects of these modifications, including the design, conduct and 
implementation of the modifications, in order to determine whether to 
modify, alter, expand, limit, continue, end, or fully implement these 
modifications.

VII. Waiver of Regulations Under This Test

    For purposes of these tests, any provision in title 19 of the Code 
of Federal Regulations including, but not limited to, the provisions 
found in part 12 that are inconsistent with the requirements set forth 
in this notice are waived for the duration of these tests. See 19 CFR 
101.9(b). This document, however, does not waive any recordkeeping 
requirements found in part 163 of title 19 of the Code of Federal 
Regulations (19 CFR part 163) and the Appendix to part 163 (commonly 
known as the ``(a)(1)(A) list'').

VIII. Previous Notices

    All requirements, terms and conditions, and aspects of the ACE 
tests discussed in previous notices are hereby incorporated by 
reference into this notice and continue to be applicable, unless 
changed by this notice.

IX. Paperwork Reduction Act

    The collection of information related to the importation of Ozone 
Depleting Substances has been approved by the Office of Management and 
Budget (OMB) in accordance with the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3507) and assigned OMB Information Collection 
Request (ICR) numbers 2060-0170 and 2060-0498. With respect to the two 
other ICRs, EPA will request OMB approval for its ICRs for the 
collection of information related to (1) the importation of non-road 
vehicles and engines and (2) the notice of arrival for pesticides or 
devices consistent with proposed revisions to the related CBP 
regulations at 19 CFR part 12. Once OMB approves those information 
collections CBP will lift the limit on participation in (1) the non-
road vehicles and engines test and (2) the notice of arrival for 
pesticides or devices test.

X. Confidentiality

    All data submitted and entered into ACE may be subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential by CBP, 
except to the extent as otherwise provided by law. The Electronic 
Export Information (EEI) is also subject to the confidentiality 
provisions of 15 CFR 30.60. As stated in previous notices, 
participation in these 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. 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).

[[Page 13402]]

     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) Tests 
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 (ACE) 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 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 National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (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).
     ACE Export Manifest for Vessel Cargo Test: 80 FR 50644 
(August 20, 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).
     ACE Export Manifest for Rail Cargo Test: 80 FR 54305 
(September 9, 2015).
     Automated Commercial Environment (ACE) Fillings for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry): 80 FR 
61278 (October 13, 2015).
     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 
Test for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 
63576 (October 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Portal 
Account Test to Establish the Exporter Portal Account: 80 FR 63817 
(October 21, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Customs 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).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding the Toxic Substances 
Control Act (TSCA) Certification Required by the Environmental 
Protection Agency (EPA): 81 FR 7133 (February 10, 2016).


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    Dated: March 9, 2016.
Brenda B. Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2016-05678 Filed 3-11-16; 8:45 am]
 BILLING CODE 9111-14-P