[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35734-35736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE607


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

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, in consultation with U.S. Customs and Border 
Protection (CBP), a test of the International Trade Data System (ITDS) 
involving the electronic submission of forms and/or data, related to 
exportation of fish products regulated by NMFS, using the export 
Partner Government Agency (PGA) data set of the Automated Export System 
(AES) Trade Interface Requirements, AES Direct via the Automated 
Commercial Environment (ACE) Secure Web Portal (Portal) and the 
Document Image System (DIS). CBP and NMFS have developed a plan to test 
and assess the electronic transmission of export and re-export data for 
tunas, swordfish and toothfish.
    The test will involve using the above referenced methods to 
transmit the data required for processing exports or re-exports of 
tunas, swordfish and toothfish. Under this test, data may be submitted 
for the covered fish products exported from any operational port.

DATES: The test will commence after June 1, 2016, 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 date that 
they become operational: https://www.cbp.gov/trade/ace/features (see 
the PGA Integration tab). Comments on the submission and processing of 
export data will be accepted throughout 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 NMFS Export Test FRN''.
    Any party seeking to participate in this 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 ``NMFS Export 
FRN-Request to Participate''.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment (ACE) or AES 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 reporting related 
questions, contact Emi Wallace (CBP) at [email protected] and 
for NMFS program related questions, contact Dale Jones (NMFS) at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

I. The Automated Commercial Environment

    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 
function of the legacy Automated Commercial System (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. AES allows participants to

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electronically file required export data with CBP in 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. AES, the ACE Secure Web Data Portal and the Document Image System

    AES is the electronic method for the U.S. Principal Party in 
Interest (USPPI) or their authorized agent to file export commodity and 
transportation information, known as Electronic Export Information 
(EEI), directly with CBP and the Census Bureau. EEI is the electronic 
equivalent to the Shipper's Export Declaration (SED), a paper form 
previously used by exporters to report export information. The purpose 
of AES is to be the central point through which CBP collects and 
maintains export data and related records to facilitate CBP's law 
enforcement and border security missions. CBP uses EEI to further its 
mission of ensuring the safety and security of cargo and preventing 
smuggling, expediting legitimate international trade and enforcing 
export and other applicable U.S. laws. The Census Bureau uses EEI to 
compile and publish export trade statistics.
    On April 5, 2014, AES was re-engineered and incorporated into ACE. 
General information and a list of AES certified software vendors is 
available on the following Web site: http://www.cbp.gov/trade/aes. That 
Web site also has information regarding AES Trade Interface 
Requirements (AESTIR) and the American National Standards Institute 
standard known as ANSI X.12, which together contain the formatting 
requirements for the electronic transmission of commodity and 
transportation export data to CBP via AES.
    AES offers several options for transmitting export commodity and 
transportation data, which includes the choice of using software 
developed by the user, software purchased from a vendor, a Value Added 
Network (VAN) electronic mailbox, the facilities of a port authority or 
service center, or AESDirect, a free internet application supported by 
the Census Bureau. AESDirect came on-line in October 1999 and allowed 
USPPIs or their authorized agents to file EEI free of charge using a 
variety of electronic transmission methods, the most popular of which 
is a web-based portal through which users may file any required EEI. 
AESDirect also provided USPPIs or their authorized agents with access 
to export reports that compiled the data from EEI filings associated 
with a user account.
    In the fall of 2015, CBP announced the establishment of the ACE 
Exporter Account Portal enabling USPPIs or their authorized agents to 
transmit EEI by selecting the ``Submit AESDirect Filings'' link in the 
exporter view (see 80 FR 63817, October 21, 2015). Selecting this link 
allows USPPIs or their authorized agents to gain access to the 
AESDirect portal in ACE that will allow them to file their required 
EEI. ACE AESDirect has replaced the legacy AESDirect operated by the 
Census Bureau and provides online internet filing and upload 
capabilities to facilitate the transmission of EEI.
    In addition, test participants may transmit required PGA forms 
using the DIS. For information regarding the use of DIS, and for a list 
of NMFS forms and documents which may be transmitted to ACE using DIS, 
please see http://www.cbp.gov/trade/ace/features (see the PGA 
Integration tab).
    At this time, ACE is prepared to accept certain PGA data elements 
for NMFS regulated fish products exported or re-exported from ports 
included in the test. The PGA data elements comprising the test are 
generally those found in the current paper forms (Bluefin Tuna Catch 
Document, Swordfish Statistical Document, Bigeye Statistical Document, 
Dissostichus Catch Document, and the associated re-export certificates, 
if any), which are currently filed via fax, email, and/or paper 
communications directly with NMFS. These data elements are set forth in 
the AESTIR (see https://www.cbp.gov/trade/aes).
    Upon commencement of this test, operational ports will begin 
accepting the transmission of this data and DIS documents and forms. A 
list of those ports and the date they become operational is provided on 
the following Web site: https://www.cbp.gov/trade/ace/features (see the 
PGA Integration tab). 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 the 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 transmission of this data will improve 
communication between NMFS and exporters, and 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.
    Currently, NMFS programmatic requirements for exports are separated 
into two different programs: The Highly Migratory Species (HMS) Program 
which includes various tunas and swordfish, and the Antarctic Marine 
Living Resources (AMLR) program which covers fresh and frozen toothfish 
(Dissostichus species). Under this test, NMFS required data will be 
transmitted electronically through ACE for any merchandise or 
combination thereof covered by any of these programs.
    For approved participants, the test may include all modes of 
transport at the selected port(s), and all commodities regulated under 
the two NMFS export monitoring programs when exported at one of the 
selected ports. The export declaration process for NMFS will require 
the submission of specifically designated data/information. Both the 
transmission of the required data for NMFS and DIS will be utilized to 
collect the specified information that is required by NMFS.
    The data will be transmitted in ACE through the use of AES at the 
time of the filing in addition to the CBP required export 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 
AES system or by sending them to the DIS as email attachments.
    Examples of the kind of data that will be transmitted as part of 
this test are: the exporter's permit number and a

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document number for the catch certificate or re-export certificate. 
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 exported. Note that in cases where an electronic bluefin tuna 
catch document (eBCD) has been created in the centralized system 
implemented by the International Commission for the Conservation of 
Atlantic Tunas, a reduced data set consisting of the eBCD number and 
the exporter permit number would suffice as an export filing, without 
need for any forms submitted via DIS.
    For information regarding fish products regulated by NMFS and data, 
information, forms and documents required by NMFS, see the 
implementation guidelines for the NMFS at: https://www.cbp.gov/trade/aes.

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 data 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 
test, the applicant must be a self-filing exporter who has the ability 
to file AES export declarations or a broker who has the ability to file 
AES export declarations; and the applicant files declarations for NMFS 
commodities that are the subject of this test. All test participants 
are required to use a software program that has completed ACE 
certification testing for export data. At this time, data and DIS 
submissions may be submitted for exports filed at any operational port. 
Test participants should contact their client representative regarding 
export declarations eligible for the test and operational ports (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 reporting exports under the NMFS 
Highly Migratory Species (HMS) and the Antarctic Marine Living 
Resources (AMLR) Programs will be replaced by the submittal of data and 
scanned document images through a combination of AESTIR data 
transmission and DIS. A proposed rule to address this planned 
transition was published on December 29, 2015 (80 FR 81251). This test 
covers communication and coordination among the agencies and the filers 
for the exportation 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 to 
communicate errors in filing and release status updates to the port and 
to the filer.

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.

    Dated: May 27, 2016.
Jeffrey Weir,
Acting Director, Office for International Affairs and Seafood 
Inspection, National Marine Fisheries Service.
[FR Doc. 2016-13125 Filed 6-2-16; 8:45 am]
 BILLING CODE 3510-22-P