[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17669-17671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08381]


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DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection


Modification of the National Customs Automation Program Test 
Regarding Submission of Import Data and Documents Required by U.S. Fish 
and Wildlife Service Through the Automated Commercial Environment

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

ACTION: General notice.

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SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP), in consultation with the U.S. Fish and Wildlife 
Service (FWS), is modifying and reopening the National Customs 
Automation Program (NCAP) test pertaining to the submission of certain 
import data and documents for commodities regulated by FWS (``FWS 
test'') through the Automated Commercial Environment (ACE). The 
modifications in this notice apply to the participation and 
discontinuation of participation in the test, submission options for 
test participants, and restrictions to the initial participation in the 
test. Except to the extent expressly announced or modified by this 
document, all aspects, rules, terms and conditions announced in a 
previous notice regarding the FWS test remain in effect.

DATES: As of May 23, 2018, the modifications to the FWS test will 
become operational. This test will continue until concluded by way of 
announcement in the Federal Register.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Christopher 
Mabelitini, Trade Transformation Office, Office of Trade, U.S. Customs 
and Border Protection at (571) 468-5095 or 
[email protected], with a subject line identifier 
reading ``Comment on FWS Test FRN.''

FOR FURTHER INFORMATION CONTACT: For Partner Government Agency (PGA)-
related questions, contact Bill Scopa, Trade Policy and Programs, 
Office of Trade, U.S. Customs and Border Protection at (202) 863-6554 
or [email protected]. For technical questions related to ACE 
or Automated Broker Interface (ABI) transmissions, contact your 
assigned client representative. Interested parties without an assigned 
client representative should direct their questions to Steven Zaccaro, 
Trade Transformation Office, Office of Trade, U.S. Customs and Border 
Protection at (571) 358-7809 or [email protected] with the 
subject heading ``FWS Test.'' For FWS-related questions, contact 
Tamesha Woulard, Office of Law Enforcement, U.S. Fish and Wildlife 
Service at (703) 358-1949 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

National Customs Automation Program Test

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization in the North American 
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization 
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on 
trade compliance and the development of the Automated Commercial 
Environment (ACE), the planned successor to the Automated Commercial 
System (ACS) as the electronic data interchange (EDI) system authorized 
by U.S. Customs and Border Protection (CBP). 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 specific 
legacy ACS functions and add new functionality. Section 101.9(b) of 
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides 
for the testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March 
16, 1995).

The U.S. Fish and Wildlife Service (FWS) Partner Government Message Set 
(PGA) and Digital Image System (DIS) Test

    On May 5, 2016, CBP published a notice in the Federal Register (81 
FR 27149) announcing an NCAP test concerning the electronic submission 
of certain import data and documents for commodities regulated by FWS 
(``FWS test''). The test notice provided that test participants would 
electronically submit data contained in FWS's ``Declaration for 
Importation or Exportation of Fish and Wildlife'' (``Declaration'' or 
``FWS Form 3-177'') to ACE using the Partner Government Agency (PGA) 
Message Set, and any required original permits or certificates, and 
copies of any other documents required under the FWS regulations (see 
50 CFR part 14) to ACE via the Document Image System (DIS). Under the 
test, ACE replaced FWS's internet-based filing system (``eDecs'') used 
for the electronic submission of the Declaration and accompanying 
documents. After receipt in ACE, the data and electronic documents 
would be sent to FWS for processing. The test notice further stated 
that original ``Convention on International Trade in Endangered Species 
of Wild Fauna and Flora'' (``CITES'') permits and certificates, and 
foreign-law paper documents would continue to be submitted directly to 
the FWS office at the applicable port. There was a lack of 
participation, and on January 12, 2017, the FWS PGA Message Set test 
was suspended due to concerns raised by the industry regarding the 
design of the message set. See CSMS Message Set 17-000015.

II. Test Modifications

    This document announces the reopening of the FWS test with

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modifications. Each modification is discussed separately below. Except 
to the extent expressly announced or modified by this document, all 
aspects, rules, terms, requirements, obligations and conditions 
announced in the previous notice regarding the FWS test remain in 
effect.

A. Application for Participation in Test

    The original test notice announced that a party seeking to 
participate in the test program had to send an email to its CBP client 
representative, Trade Transformation Office, Office of Trade (formerly 
known as ACE Business Office, Office of International Trade). This 
notice announces that applications to participate in the test program 
should be submitted by email to FWS at [email protected], with the 
subject heading ``Request to Participate in the FWS Test.'' A copy of 
the application should be sent to the applicant's CBP client 
representative, Trade Transformation Office, Office of Trade. 
Applications must include the applicant's filer code, the commodities 
the applicant intends to import, and the intended ports of arrival. Any 
applicant to the original test notice who wishes to participate in the 
reopening of the test should apply again pursuant to this notice.

B. Discontinuation of Participation in Test

    The original notice was silent as to the discontinuation of 
participation in the test program. This notice announces that requests 
to discontinue participation in the test program should be submitted by 
email to FWS at [email protected], with the subject heading 
``Request to Discontinue Participation in the FWS Test.'' This process 
ensures that any future entries submitted by an importer who wishes to 
discontinue participation will not be rejected by the business rules 
operating in the test due to missing Declaration data and accompanying 
documents. A copy of the request to discontinue should be sent to the 
participant's CBP client representative, Trade Transformation Office, 
Office of Trade. The request should include the date the participant 
wishes to end the participation.

C. Submission of Data and Documents in ACE

    Under the original test program, test participants were required to 
submit the Declaration data electronically to ACE when filing an entry, 
using the PGA Message Set, and the participants had to refrain from 
filing the Declaration data and accompanying documents in eDecs. This 
notice announces that CBP established a design that provides 
participants with different filing options when submitting data, 
disclaimers or documents in ACE. Participants do not need to notify CBP 
or FWS about which option they plan on using. Participants may use 
different filing options for different entries.
    (1) Option 1: Test participants will file FWS Form 3-177 data in 
ACE using the PGA Message Set and upload required FWS documents in DIS. 
This filing option replaces eDecs for those participants filing entries 
under the auspices of this test program. ACE will send the data and 
electronic documents to FWS for processing.
    (2) Option 2: Test participants will file FWS Form 3-177 and 
required documents directly with FWS. Under this option, test 
participants will either file the applicable eDecs confirmation number 
in the PGA Message Set (if FWS clearance was already received via 
eDecs) or use Disclaimer code ``D'' (``data filed through paper'') to 
file in the PGA Message Set (if FWS clearance was already received via 
paper). DIS will not be used under this option unless further 
information is requested by CBP or FWS to substantiate a disclaimer on 
a case-by-case basis.
    (3) Option 3: Test participants will file in the PGA Message Set 
using Disclaimer code ``C'' (``data filed through other agency means'') 
to indicate that they will follow up with FWS and file in eDecs at a 
later time. DIS will not be used under this option unless further 
information is requested by CBP or FWS to substantiate a disclaimer on 
a case-by-case basis.
    (4) Option 4: When a Harmonized Tariff code is flagged as ``FW1'', 
participants will file in the PGA Message Set using Disclaimer code 
``E'' (``product does not contain fish or wildlife, including live, 
dead, parts or products thereof, except as specifically exempted from 
declaration requirements under 50 CFR part 14'') to disclaim the need 
to file FWS Form 3-177 and required documents because the commodity 
does not contain fish or wildlife. However, if a commodity contains 
both FWS regulated and non-FWS regulated animal components, Disclaimer 
code ``E'' should be used in conjunction with one of the above options.

D. Restrictions to Initial Participation in Test

    This test notice announces two restrictions to the initial 
participation in this reopened test program. Initially, participation 
will be restricted to certain FWS ports. FWS will notify participants 
of the ports they may use to enter commodities under the test 
procedures. In addition, initial participation in the test program will 
exclude entries of live and perishable commodities. Once FWS determines 
that a participant has fully tested its software for filing entries in 
ACE, FWS will notify the participant of its eligibility to file for 
entries of live and perishable commodities.

III. Waiver of Regulation Under the Test

    For purposes of this test, those provisions of 19 CFR parts 10 and 
12 that are inconsistent with the terms of this test are waived for the 
test participants only. See 19 CFR 101.9(b). This document does not 
waive any recordkeeping requirements found in 19 CFR part 163 and the 
Appendix to part 163 (commonly known as the ``(a)(1)(A) list''). This 
test also does not waive any FWS requirements under 50 CFR part 14.

IV. Test Participation and Selection Criteria

    To be eligible to apply for this test, the applicant must:
    (1) Be a self-filing importer who has the ability to file ACE 
entry/cargo release and ACE Entry Summaries certified for cargo release 
or a broker who has the ability to file ACE entry/cargo release and ACE 
Entry Summaries certified for cargo release;
    (2) File Declarations and disclaimers for FWS-regulated 
commodities; and
    (3) Have an FWS eDecs filer account that contains the CBP filer 
code when filing under Option 1.
    Test participants must meet all the eligibility criteria described 
in this document in order to participate in the test program.

V. Application Process

    As of April 23, 2018, FWS will accept applications throughout the 
duration of the test. FWS will notify the selected applicants by an 
email message of their selection and the starting date of their 
participation. Selected participants may have different starting dates. 
Anyone providing incomplete information, or otherwise not meeting 
participation requirements, will be notified by an email message and 
given the opportunity to resubmit the application. There is no limit on 
the number of participants.

VI. Test Duration

    The modifications announced in this test will become operational on 
May 23, 2018. At the conclusion of the test pilot, an evaluation will 
be conducted to assess the effect that the PGA Message

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Set has on expediting the submission of FWS importation-related data 
elements and the processing of FWS-related entries. The final results 
of the evaluation will be published in the Federal Register as required 
by Sec.  101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)). Any 
modifications to this test will be announced via a separate Federal 
Register notice.

VII. Paperwork Reduction Act

    The collection of information contained in this FWS PGA Message Set 
test 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 control number 1018-0012. 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 OMB.

    Dated: April 17, 2018.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2018-08381 Filed 4-20-18; 8:45 am]
 BILLING CODE 9111-14-P