[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54559-54561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19458]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE646


Conclusion of National Marine Fisheries Service International 
Trade Data System Tests Concerning the Electronic Submission of Certain 
Data Required for Fish Imports and Exports

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

ACTION: Notice.

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SUMMARY: U.S. Customs and Border Protection (CBP) and the National 
Marine Fisheries Service (NMFS) previously announced tests under the 
National Customs Automation Program (NCAP) concerning the electronic 
transmission of certain data for NMFS-regulated commodities through the 
Automated Commercial Environment (ACE) and through the Automated Export 
System (AES). The tests included electronic data submission for imports 
(published in the Federal Register on June 5, 2015) and for exports 
(published in the Federal Register on June 3, 2016).
    During the imports test, entry filers were able to use the 
Automated Broker Interface (ABI) and the Document Image System (DIS) to 
transmit the NMFS Partner Government Agency (PGA) message data and 
forms required for NMFS to make admissibility determinations for 
entries subject to the monitoring programs for tunas, swordfish and 
toothfish, under the Highly Migratory Species International Trade 
Program (HMS), the Antarctic Marine Living Resources Trade Monitoring 
Program (AMR), and the Tuna Tacking and Verification Program (TTVP). 
During the exports test, exporters were able to use the Automated 
Export System (AES) and the DIS to transmit the NMFS PGA data and forms 
required for NMFS to collect required information on exports subject to 
these same trade monitoring programs.
    It has been determined that ACE and AES are capable of accepting 
NMFS-regulated electronic entries. NMFS regulations effective on 
September 20, 2016 (published on August 3, 2016) will require the use 
of ACE or AES, as applicable, for electronic filings of regulated 
imports or exports of fish products. Accordingly, CBP and NMFS announce 
that the NCAP tests are ending on September 20, 2016. All importers and 
exporters of fish products regulated by NMFS are encouraged to

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use ACE or AES, as applicable, for their electronic filings in advance 
of September 20, 2016, when such filings will become mandatory.

DATES: The NMFS ACE and AES tests conclude on September 20, 2016. ACE 
entries and AES export declarations for NMFS-regulated products may be 
continued until the conclusion of the tests. For NMFS regulated fishery 
products, use of ACE and AES to file electronically is required 
beginning September 20, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
Automated Commercial Environment (ACE), ABI transmissions, or AES, 
contact your assigned CBP 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 
mailto:[email protected] and for NMFS program 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 and AES component functionalities. Each release begins 
with a test and ends with mandatory use of the new ACE or AES features. 
Each release builds on previous releases and sets the foundation for 
subsequent releases. ABI and AES allow participants to electronically 
file required import and export data, respectively, with CBP and 
transfer that data into ACE.

II. International Trade Data System

    The NMFS import and export tests were conducted 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 set forth in section 405 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. Conclusion of the NMFS PGA Message Set and DIS Tests

    Through this notice, CBP and NMFS announce that ACE and AES are 
capable of accepting required data and/or forms related to 
electronically filed entries of NMFS regulated commodities via the NMFS 
PGA Message Set (for imports), in AES Trade Interface Requirements 
(AESTIR) or American National Standards Institute (ANSI) X12, or in ACE 
AESDirect using an ACE portal, bulk upload or weblink (for exports) and 
the DIS. CBP encourages all importers of fish products regulated by 
NMFS to now use ACE or AES, as applicable, for their electronic 
filings. Making the transition to ACE and AES now will benefit the 
filing community when ACE and AES become the NMFS and CBP authorized 
EDI system for these filings as of September 20, 2016.

IV. Transition to Use of ACE for Imports and Exports

    On February 29, 2016, CBP published a notice in the Federal 
Register (81 FR 10264) announcing that, starting on March 31, 2016, CBP 
would begin decommissioning the Automated Commercial System (ACS) for 
certain entry and entry summary filings, making ACE the sole CBP-
authorized EDI system for processing those electronic filings. CBP 
explained that the PGA Message Set and DIS pilots would be concluded on 
a rolling basis and that, as each pilot was concluded, ACE would become 
the sole CBP-authorized EDI system for electronic entry and entry 
summary filings for merchandise subject to the specified PGA import 
requirements and that merchandise subject to the specified PGA import 
requirements would no longer be permitted in ACS. In the case of NMFS, 
no PGA data was previously collected via ACS, so ACE implementation for 
these commodities is an important step in the NMFS effort to collect 
import data electronically.
    Subsequently, CBP published a notice in the Federal Register (81 FR 
32339, May 23, 2016) announcing that, effective July 23, 2016, CBP will 
decommission ACS for most entry and entry summary filings, making ACE 
the sole CBP-authorized EDI system for processing those electronic 
filings. As of July 23, 2016, electronic entry filings for NMFS-
regulated fishery products were no longer accepted in ACS.
    With respect to exports and electronic filing within ITDS, the 
Bureau of the Census issued a proposed rule on March 9, 2016 (81 FR 
12423) to amend regulations pertaining to export requirements. In that 
notice of proposed rulemaking, Census explained how the AES was being 
integrated into ACE consistent with the ``single window'' concept of 
ITDS, as required by the SAFE Port Act. Comments submitted on that 
proposed rule may be viewed in the rulemaking docket: https://www.regulations.gov/docket?D=USBC-2016-0001.

VI. Process Changes

    Although CBP and NMFS are concluding the NCAP tests, importers and 
exporters are encouraged to continue filing in ACE or AES, as 
applicable, in advance of the September 20, 2016 transition date for 
mandatory ACE and AES filings as recently announced by NMFS.
    In December 2015, NMFS published a proposed rule that would require 
submission of the import and exports data and forms through ACE/AES. 
See 80 FR 81251 (December 29, 2015). For imports, these data elements 
and forms are set forth in the supplemental Customs and Trade Automated 
Interface Requirements (CATAIR) guidelines for NMFS. These 
specifications, including the CATAIR chapters can be found at the 
following link: http://www.cbp.gov/trade/ace/catair. For exports, the 
CBP Web page that contains the primary information on export 
requirements is: https://www.cbp.gov/trade/aes. Details on how to 
submit export data via AES are available at: https://www.cbp.gov/trade/aes/aestir/introduction-and-guidelines.
    NMFS published a final rule on August 3, 2016 (81 FR 51126) to 
require electronic entry and/or export filings in ACE/AES for fish and 
fish products

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subject to permitting, reporting and recordkeeping requirements under 
these three programs: Highly Migratory Species International Trade 
Program (HMS), Antarctic Marine Living Resources Trade Monitoring 
Program (AMR), and the Tuna Tacking and Verification Program (TTVP). 
Importers, exporters, shippers and customs brokers should note that the 
NMFS final rule, effective September 20, 2016, requires ACE or AES 
electronic filings for imports and exports, respectively, including the 
message set, International Fisheries Trade Permit (IFTP) check, and DIS 
submissions.
    For information regarding imports of fish products regulated by 
NMFS and the data elements, forms and documentation required by NMFS, 
importers and customs brokers should consult the ITDS implementation 
guidelines for NMFS at: https://www.cbp.gov/document/guidance/nmfs-pga-message-set-guidelines. For exports, the PGA record formats are listed 
at: https://www.cbp.gov/document/guidance/aestir-draft-appendix-q-pga-record-formats. The Appendix Q Record Layout Key provides details how 
each record should be structured: https://www.cbp.gov/document/guidance/appendix-q-record-layout-key.
    NMFS Office of International Affairs and Seafood Inspection will 
host two public webinar meetings on August 18, 2016 and September 1, 
2016, 2:30 p.m.-4:00 p.m. Eastern, to inform interested stakeholders 
about this regulation and its implementation. Instructions on how to 
join the webinars are provided at the following internet link: http://www.nmfs.noaa.gov/ia/slider_stories/2016/07/08022016_itds_final_rule.html.

    Dated: August 10, 2016.
John Henderschedt,
Director, Office for International Affairs and Seafood Inspection, 
National Marine Fisheries Service.
[FR Doc. 2016-19458 Filed 8-15-16; 8:45 am]
 BILLING CODE 3510-22-P