[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48162-48164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16902]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. CPSC-2022-0020]


CPSC Staff Workshop: PGA Message Set Test (Beta Pilot) of 
Electronic Filing of Certain Certificate of Compliance Data for 
Regulated Imported Consumer Products

AGENCY: Consumer Product Safety Commission.

ACTION: Announcement of meeting and request for comments.

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SUMMARY: On October 13, 2022, U.S. Consumer Product Safety Commission 
(CPSC or Commission) staff will hold a workshop to discuss the upcoming 
test (Beta Pilot Test) of electronic filing (eFiling) of certificate of 
compliance (certificate) data. The Beta Pilot Test will involve a 6-
month test of approximately 30 to 50 participants, who will eFile 
certificate data for regulated imported consumer products with U.S. 
Customs and Border Protection (CBP), using the Partner Government 
Agency (PGA) Message Set, at the time of entry filing or upon entry 
summary filing if both entry and entry summary are filed together. 
Staff's Beta Pilot Test workshop will discuss the purpose and mechanics 
of eFiling certificate data in the Beta Pilot Test and other associated 
topics described in this notice. We invite interested parties to attend 
the workshop and thereafter to submit written comments on the Beta 
Pilot Test.

DATES: The workshop will be held from 9 a.m. to 4 p.m. Eastern Time 
(ET) on Thursday, October 13, 2022. If you wish to attend the workshop, 
either in-person at CPSC Headquarters in Bethesda, MD, or virtually, 
register by Thursday, October 6, 2022. The comment period will open on 
the date of the workshop, October 13, 2022, and comments must be 
received by Friday, November 11, 2022.

ADDRESSES: CPSC staff will hold the workshop in the Hearing Room at 
CPSC's headquarters in Bethesda, Maryland: 4330 East West Highway, 4th 
Floor, Bethesda, MD 20814. You may attend the workshop free of charge. 
If interested in attending the workshop, you should register online at: 
https://www.cpsc.gov/Beta-Pilot-Test-Workshop-on-eFiling-of-Certificate-Data, and specify whether you plan to attend in person or 
virtually. As more information about the workshop becomes available, 
staff will post this information at: http://www.cpsc.gov/efiling.
    After the workshop, you may submit comments on the topics raised 
concerning the Beta Pilot Test, identified by Docket No. CPSC-2022-
0020, by any of the following methods:
    Electronic Submissions: CPSC encourages you to submit electronic 
comments to the Federal eRulemaking Portal at: https://www.regulations.gov. Follow the instructions for submitting comments. 
CPSC typically does not accept comments submitted by electronic mail 
(email), except as described below.
    Mail/Hand Delivery/Courier Written Submissions: Submit comments by 
mail/hand delivery/courier to: Division of the Secretariat, Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479. If you wish to submit confidential business 
information, trade secret information, or other sensitive or protected 
information that you do not want to be available to the public, you may 
submit such comments by mail, hand delivery, courier, or you may email 
them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: https://www.regulations.gov. Do not submit 
through this website confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents on 
the Beta Pilot Test or comments received, go to: https://www.regulations.gov, and insert the docket number, CPSC-2022-0020, into 
the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Direct questions regarding the 
workshop to Arthur Laciak, eFiling Program Specialist, Office of Import 
Surveillance, U.S. Consumer Product Safety Commission, (301) 504-7516, 
[email protected]. Questions sent by electronic mail should contain 
the subject heading: ``Beta Pilot Workshop Question,'' and include a 
short description of the question.

SUPPLEMENTARY INFORMATION: 

I. Beta Pilot Test

    On June 10, 2022, the Commission and CBP announced in the Federal 
Register their joint intent to conduct a Beta Pilot Test via the PGA 
Message Set to the CBP-authorized electronic data interchange system, 
known as the Automated Commercial Environment (ACE) (the June 10th 
Notice).\1\ 87 FR 35513. The June 10th Notice asked for Beta Pilot Test 
participants and comments on CPSC's burden estimates for a proposed 
collection of information related to the Beta Pilot Test. Id. at 35518-
20. The June 10th Notice also provided background on CPSC's eFiling 
Program and proposed rule to amend 16 CFR part 1110 to require eFiling 
of certificate data (78 FR 28080 (May 14, 2013), the 2013 NPR).\2\ Id. 
at 35514-15.
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    \1\ The Commission voted 5-0 to publish this notice.
    \2\ In addition to the June 10th Notice, stakeholders can find 
background on CPSC's eFiling initiative in CPSC's staff's document: 
CPSC Plan to Create an eFiling Program for Imported Consumer 
Products (2020 eFiling Plan). CPSC Plan to Create an eFiling Program 
for Imported Consumer Products, published December 2020. Staff's 
2020 eFiling Plan recommended a multiyear, four-phased approach: (1) 
create and fund an eFiling program, (2) conduct an eFiling Beta 
Pilot Test, (3) initiate rulemaking, and (4) dedicate ongoing 
resources.
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    To summarize, the Beta Pilot Test will assess the electronic filing 
of data from a certificate for regulated consumer products under CPSC's 
jurisdiction. Id. The June 10th Notice explains that the purposes of 
the Beta Pilot Test are to develop and test the IT infrastructure 
necessary to support a full-scale eFiling requirement, inform CPSC's 
pending rulemaking, develop internal procedures to support enforcement, 
and assist CPSC to target imports more accurately by enhancing 
targeting of noncompliant trade and facilitating the flow of legitimate 
trade. Id. at 35514.
    Compared to a previous CPSC PGA Message Set test in 2016 (the Alpha 
Pilot), the Beta Pilot Test will include more participants than the 
Alpha Pilot (up from 8 to 30-50), add two additional data elements, and 
involve more varied consumer products under CPSC's jurisdiction 
(products classified under approximately 300 HTS codes).\3\ Id. at

[[Page 48163]]

35515. Beta Pilot Test participants will use the PGA Message Set to 
file certificate information for regulated consumer products within the 
300 HTS codes in CBP's ACE system. The proposed PGA Message Set test 
will evaluate, at a minimum, the electronic filing of seven certificate 
data elements:
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    \3\ The products classified under the approximately 300 HTS 
codes that participants should expect to be tested in the Beta Pilot 
include, but are not limited to: ATVs; durable infant or toddler 
products, such as baby carriages, cribs, and safety gates; 
children's furniture, backpacks, and school supplies; bicycle 
helmets; bicycles and other electric-powered cycles; clothing 
(sleepwear, outerwear, infant articles, potentially flammable adult 
clothing articles); drywall; fireworks; children's jewelry; 
lighters; liquid nicotine; mattresses; pacifiers and rattles; rugs; 
and toys. CPSC intends to communicate to the Trade the approximately 
300 HTS codes that may require filing certificate data during the 
Beta Pilot Test for their proprietary system programming.
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    1. Identification of the finished product (may use reference to 
GTIN \4\ for this element);
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    \4\ GTIN stands for Global Trade Item Number and is managed by 
Global Standards 1 (GS1).
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    2. Each consumer product safety rule to which the finished product 
has been certified;
    3. Date when the finished product was manufactured, produced, or 
assembled;
    4. Place where the finished product was manufactured, produced, or 
assembled, including the identity and address of the manufacturing 
party;
    5. Date when the finished product was most recently tested for 
compliance with the consumer product safety rule cited in data element 
2;
    6. Parties on whose testing a certificate depends (meaning the name 
and contact information for the entity that conducted the testing); and
    7. A check box indicating that a required certificate currently 
exists for the finished product, as required by Sections 14 and 17 of 
the Consumer Product Safety Act.\5\
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    \5\ 15 U.S.C. 2063(a) & (g); 2066(a)(2).
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    These seven data elements from a certificate include all of the 
data elements tested in the Alpha Pilot, as well as two additional date 
fields, manufacture date and test date, which were not tested in the 
Alpha Pilot. Staff considers all seven data elements useful to improve 
the targeting of potentially violative products. CPSC anticipates that, 
both individually and considered together, these data elements will 
allow CPSC staff to create a unique set of rules in its Risk Assessment 
Methodology (RAM) system that can increase or decrease risk scores. Id. 
at 35516. CPSC is drafting a supplemental Customs and Trade Automated 
Interface Requirements (CATAIR) guideline on filing certificate data 
through the PGA Message Set that describes the technical specifications 
for filing during the Beta Pilot Test, as well as the Product Registry 
and Reference PGA Message Set. When completed, the supplemental CATAIR 
guideline will be made available for review and comment on http://www.cbp.gov/trade/ace/catair. Id.
    Similar to the Alpha Pilot, each time a product is imported Beta 
Pilot Test participants will have two ways to file certificate data: 
(1) filing certificate data in a CPSC-maintained Product Registry, and, 
through Automated Broker Interface (ABI), a reference number in ACE to 
identify this data set (Reference PGA Message Set), or (2) filing all 
certificate data elements directly through ABI (Full PGA Message Set). 
Id. at 35518. If a participant chooses the Reference PGA Message Set, 
certificate data can be entered into the Product Registry once, and 
then imported multiple times using a reference or identifying number. 
If a participant uses the Full PGA Message Set, certificate data must 
be entered for each product every time the product is imported. Based 
on the Alpha Pilot experience, for repeat importers, using the Product 
Registry should minimize data entry; reduce costs and filing time; and 
allow firms to manage, update, and re-use certificate data in the 
registry. Id. at 35516-17. CPSC will receive the information from CBP 
through a real-time transfer of import data, and risk score the 
information in CPSC's RAM system, to assist in the interdiction of 
noncompliant consumer products.
    The eFiling portion of the Beta Pilot Test is expected to begin in 
October 2023, but starting in fall 2022, participants will begin 
planning for participation, including data requirement discussions with 
CPSC and IT development. When the test begins, Beta Pilot Test 
participants will spend the first several weeks of the Pilot 
onboarding. Once onboarding is complete for all test participants, the 
Beta Pilot Test is expected to run for at least 6 months and will run 
until terminated by announcement in the Federal Register.\6\ Id. at 
35517.
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    \6\ The duration of the Beta Pilot Test could be shorter than 
the 1 year approved in the 2020 eFiling Plan. Staff determined that 
a duration of 6 months may be sufficient to complete anticipated 
test metrics. Accordingly, the Beta Pilot Test will run for at least 
6 months until the test is completed via a Federal Register notice 
of termination.
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II. Beta Pilot Test Workshop

    The goal of the workshop is for CPSC staff to provide an update to 
stakeholders on CPSC's eFiling Program, and plans for a Beta Pilot 
Test, and for stakeholders to provide CPSC staff with relevant feedback 
. Anticipated workshop topics include:

 CPSC's Enforcement at the Ports
    [ssquf] CPSC and CBP Collaboration Overview
    [ssquf] CPSC Targeting of Imported Products
 CPSC's Certificate Requirements
    [ssquf] Statutory and Regulatory Requirements
    [ssquf] Enforcement Efforts
    [ssquf] Certificate Study
 Overview of CPSC eFiling Program
    [ssquf] Improved Enforcement/Facilitation of Legitimate Trade--
Alpha Pilot
    [ssquf] Beta Pilot Test Requirements
     CPSC Procedures
    [cir] CPSC's Product Registry
     CBP Procedures
    [cir] CPSC's draft CATAIR
    [ssquf] CPSC's RAM and Use of Risk Scores for Enforcement
 Third Party Involvement in Certificate and eFiling 
Requirements
    [ssquf] Role of brokers in meeting CPSC's PGA Message Set 
requirement
    [ssquf] Role of laboratories in meeting CPSC's certificate 
requirement
 Import Issues for eFiling
    [ssquf] eCommerce
    [ssquf] De minimis shipments
    [ssquf] Direct to consumer shipments
    [ssquf] International Mail Facilities
    [ssquf] Foreign Trade Zones
    [ssquf] Filing deadlines for different modes of transport

    The Beta Pilot Test workshop will be devoted solely to the Beta 
Pilot Test. Additional comments and questions on the 2013 NPR or other 
rulemaking can be raised at the appropriate time during the rulemaking 
proceeding. Also, the Commission may hold additional workshops on 
eFiling at a future date.

III. Details Regarding the Workshop

A. When and where will the workshop be held?

    CPSC staff will hold the workshop from 9 a.m. to 4 p.m. Eastern 
Time on October 13, 2022, in the Hearing Room, 4th Floor, at CPSC's 
headquarters: 4330 East West Highway, Bethesda, MD 20814. The workshop 
will also be available through video conferencing. To participate 
virtually, attendees should register for the workshop and select 
``virtual attendance.'' You will then receive a link to participate in 
the workshop virtually via email.

B. How do you register for the workshop?

    If you would like to attend the workshop, either in person or 
virtually, we ask that you register by October 6, 2022. (See the 
ADDRESSES portion of this document for the website link and 
instructions on where to register.) Seating will be on a first-come, 
first-served basis. The workshop will also be available through video 
conferencing

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and viewers will be able to interact with the panelists and presenters 
via the video conferencing software.
    If you need special accommodations because of a disability, please 
contact Mr. Arthur Laciak, [email protected], 301-504-7516, at 
least 10 days before the workshop. In addition, we encourage written or 
electronic comments following the workshop. Written or electronic 
comments will be accepted from the workshop date, October 13, 2022, 
until November 11, 2022. Comments should be restricted to topics 
covered by the workshop as described in this Announcement.

Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2022-16902 Filed 8-5-22; 8:45 am]
BILLING CODE 6355-01-P